HomeMy WebLinkAboutResolution 2005-074 RESOLUTION NO. 2005-074
r. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA CONFIRMING THE FORMATION OF
LANDSCAPING AND LIGHTING 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
Landscaping and Lighting 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 Landscaping and Lighting Act of 1972,Part 2 of Division 15 of the
California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as
the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of local
landscaping, trails,open space areas and all appurtenant 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 landscaping,
trails,open space areas and all appurtenant 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 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 7ff'11D.
rir
City of Atascadero
Resolution No.2005-074
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 requirements of the California State Constitution, Article
X10D 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 the 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 within the District that may include, but are not limited to local
landscaping, trails,open space areas and all appurtenant facilities related thereto.
City of Atascadero
Resolution No. 2005-074
Page 3 of 4
�r
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 Landscaping and
Lighting 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
1%.r 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.2005-074
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 ATAS ADERO
By:
Wendy SKalise, yor
Attest:
1 er',
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPRO AS .
'at ' L. ght, City Attorney