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HomeMy WebLinkAboutResolution 2005-070 RESOLUTION NO. 2005-070 r, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING THE FORMATION OF STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2005/2006 WHEREAS, The City Council of the City of Atascadero, California (hereafter referred to as "City Council"), pursuant to the provisions the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "Act'), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with the Act in connection with the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District") and the proposed levy and collection of assessments related thereto commencing with fiscal year 2005/2006, said fiscal year starting July 1, 2005 and ending June 30, 2006; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Atascadero and the City Clerk has presented to the City Council such report entitled "Engineer's Report for the Formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), Fiscal Year 2005/2006"(hereafter referred to as "Report")in accordance with the Act; and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, WHEREAS,The City Council further finds that the assessments as described in the Report have been presented to the property owners of record as part of a protest ballot proceeding conducted pursuant to the provisions of the California Constitution Article ` 11111); and that said property owners approved the assessments so described, including the maximum assessment and i/ assessment range formula as outlined in the Report. City of Atascadero Resolution No. 2005-070 Page 2 of 3 m�irr NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The above recitals are all true and correct. SECTION 2. The Report as presented,consists of the following: a. Plans and specifications that describe the District and Improvements. b. Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements and the calculations used to establish each parcel's proportional special benefit assessment as well as a description of the assessment range formula that establishes the maximum assessment rate in subsequent fiscal years. C. The Budget that outlines the costs and expenses to service and maintain the improvements, including incidental expenses to operate the District. d. An Assessment Diagram that identifies the boundaries of the District. e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional maximum assessment and first year's assessment commencing fiscal year 2005/2006. SECTION 3. The Report as presented, is hereby approved and adopted (as submitted or amended by direction of this City Council), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the adoption and approval of the Engineer's Report. City of Atascadero Resolution No. 2005-070 Page 3 of 3 4**w On motion by Council Member O'Malley and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: Council Members Clay and Luna ADOPTED: August 9, 2005 CITY OF ATASCAD RO By: I �l Wendy Scal' e, Ma Attest: Marcia McClure Torgerson, C.M , City Clerk �rw APP D gCity Patri . E ' ney