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HomeMy WebLinkAboutResolution 2005-071 RESOLUTION NO. 2005-071 r , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CONFIRMING THE FORMATION OF STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2005/2006 WHEREAS, The City Council of the City of Atascadero, California (hereafter referred to as City Council)has by previous Resolutions initiated proceedings and declared its intention to form Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District") and to levy special benefit assessments against parcels of land within the said District commencing with fiscal year 2005/2006, said fiscal year commencing July 1, 2005 and ending June 30, 2006; pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Report in connection with the proposed formation and levy of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution adopt and approve said Engineer's Report;and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2005 and ending June 30, 2006, to pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of- way improvements and storm drain facilities related thereto;and, WHEREAS, The City Council has conducted a property owner protest ballot proceeding for the District assessments proposed to be levied commencing in fiscal year 2005/2006, and majority protest of the assessments described in the Engineer's Report did not exist pursuant to the provisions of the California State Constitution Article 7QI1D. City of Atascadero Resolution No. 2005-071 Page 2 of 4 NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the provisions of the California State Constitution, Article XMD have approved the assessments so presented. SECTION 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk,the City Council hereby finds and determines that: a. The land within District will receive special benefit by the operation, maintenance and servicing of improvements to be provided by the District. b. The District includes all of the lands receiving such special benefit. C. The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2005 and ending June 30, 2006. SECTION 3. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements that may include, but are not limited to local street right-of-way improvements and storm drain facilities within the District and all appurtenant facilities related thereto. City of Atascadero Resolution No. 2005-071 Page 3 of 4 SECTION 4. The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. As an alternative,each parcel of land may be billed directly by the City to the property owner of record for the amount of the levy if such levy cannot be collected on the County Assessment Roll in any given fiscal year. The amount of the levy billed directly to the property owner of record shall be paid to the City of Atascadero and deposited by the City Treasurer to an account for the District. SECTION 5. The City Treasurer shall deposit all money representing assessments collected by the County or by the City for the District to the credit of a fund for Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineer's Report `%W and generally described in Section 3 of this Resolution. SECTION 6. The adoption of this Resolution constitutes the formation of the District, the establishment of the maximum assessment rate described in the Engineer's Report and the levy of assessments for the fiscal year commencing July 1, 2005 and ending June 30, 2006. SECTION 7. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. City of Atascadero Resolution No. 2005-071 Page 4 of 4 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 ATASZERO By: Wendy alise ayor Attest: )II14"ItIli- Marcia McClure Torgerson, C.M.C., City Clerk APPRO D AS Pat ' L. ht, City Attorney