HomeMy WebLinkAboutResolution 2012-034 RESOLUTION NO. 2012-034
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISC'A_L YEAR. 2012/2013 FOR
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE
ANZA ESTATES)
WHEREAS, the City Council of the City of Atascadero, 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. 03 (De
Anza Estates) (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 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 X111D.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the CAN, of
Atascadero as follows:
SECTION 1. Fallowing 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 the oral and written statements,
protests and communications made or filed by interested persons.
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City of Atascadero
Resolution No. 2012-034
Page 2 of 3
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:
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 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 the
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, 2012 and ending June 30,
2013.
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 is not limited to local street right-of-way
improvements and storm drain facilities within the District and the appurtenant facilities related
thereto.
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.
SECTION 5. The City shall deposit the money representing assessments collected by the
County for the District to the credit of a fund for the 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 Engineers Report and generally described in
Section 3 of this Resolution.
SECTION 6. The adoption of this Resolution constitutes 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, 2012 and ending June 30,2013.
SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the
levy with the County Auditor upon adoption of this Resolution.
City of Atascadero
Resolution No. 2012-034
Wage 3 of 3
On motion by Council Member O'Malley and seconded by Council Member Sturtevant,
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 12, 2412
CITY OF ATASCADERO
By: � .
Bob Kelley, Mayor~
ATTEST:
Marcia McClure Torgerson, C.M.C., City yer` k
APPROVED AS TQ FORM:
3.
Brian A. Pierik, City Attorney
t