HomeMy WebLinkAboutResolution 2005-073 RESOLUTION NO. 2005-073
Vr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING AND ADOPTING THE
ENGINEER'S REPORT REGARDING THE FORMATION OF
LANDSCAPING AND LIGHTING 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 of Part 2 of Division 15 of the California Streets and
Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file
a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets
and Highways Code, commencing with Section 22565, in connection with the formation of
Landscaping and Lighting 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,
�r 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 Landscaping and Lighting District No. 03 (De Anza Estates), Fiscal
Year 2005/2006" (hereafter referred to as "Report") in accordance with the Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California,
beginning with Section 22500(hereafter referred to as 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,
it
City of Atascadero
Resolution No.2005-073
Page 2 of 3
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 XIIID; and that said
property owners approved the assessments so described, including the maximum assessment and
assessment range formula as outlined in the Report.
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 authorized by the Act 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 Atascadeto
Resolution No. 2005-073
Page 3 of 3
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 roil 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 ATAS ADERO
17
BY:
Wendy calise, ayor
Attest:
Marcia McClure Torgerson,C.M.0
City Clerk
APPR D S
Pat 'c ri t, City Attorney