HomeMy WebLinkAboutResolution 2012-030 RESOLUTION NO. 2012-030
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012/2013 FOR
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01
(APPLE VALLEY)
WHEREAS, the City Council of the City of Ataseadero, California (hereafter referred to
as City Council) has by previous Resolutions initiated proceedings to levy special benefit
assessments against parcels of land within Street and Storm Drain Maintenance District No. 01
(Apple Valley) (hereafter referred to as the "District") for the fiscal year commencing July 1, 2012
and ending June 30, 2013; 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 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, 2012 and ending June 30, 2013, to
pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-
way
ight-ofway improvements and storm drain facilities related thereto; and,
WHEREAS, the City Council conducted in May 2005 a property owner protest ballot
proceeding for the District assessments proposed to be levied 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 XI11D.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
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 preparedin connection therewith;
the levy and collection of assessments, and considered the oral and written statements, protests and
communications made or filed by interested.persons.
SECTION 2. Based upon its review 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:
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City of Atascadero
Resolution No. 2012-030
Page 3 of 3
On motion by Council Member O'Malley and seconded by Council Member Clay, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley, Sturtevant, and Mayor Kelley
NOES: None
ABSENT: Council Member Fonzi
ADOPTED: June 1212012
CITY OF ATASCADERO
By:
Bob Kelley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., Cit 'lerk
APPROV AS rFj
Brian A. Pierik, City Attorney
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