HomeMy WebLinkAboutResolution 2013-011 RESOLUTION NO. 2013-011
RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
ANIS COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01
(APPLE 'MALLEI') IN FISCAL YEAR 2013/2014, AND TO .APPOINT A
TIME AND PLACE FOR THE PUBLIC HEADING ON THESE MATTERS.
The City Council of the City of Atascadero (hereafter referred to as"City Council")hereby finds,
determines,resolves and orders as follows:
WHEREAS,the City Council pursuant to the provisions of the Benefit Assessment Act of
1952, Chapter 6.4 of the Calffornia Government Code, beginning with Section 54703 (hereafter
referred to as the "1982 Act") did by previous Resolution approve the levy and collection of
annual assessments to pay for the operation, maintenance and servicing of public streets,drainage
and flood control systems and appurtenant facilities related thereto for the assessment district
designated as Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley)
(hereafter referred to as the"District"); and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk a Report in connection with the proposed District, and the levy of assessments for
Fiscal Year 2013/2014 (July 1, 2013 and ending Tune 30, 2014) in accordance with Chapter 1,
Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution,
Articles XIIIC and XIND, and the City Council did by previous Resolution preliminarily approve
such Report.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The City Council hereby declares its intention to seek the annual levy of the
District pursuant to the 1982 Act, over and including the land within the District boundary, and to
levy and collect special benefit assessments on parcels of land within the District to pay for the costs
and expenses associated with the operation, maintenance, repair and servicing of public streets,
drainage and flood control systems and appurtenant facilities related thereto.
SECTION 2. The District improvements include the ongoing operation, administration,
maintenance and servicing of the public streets,drainage and flood control systems and appurtenant
facilities authorized pursuant to the 1982 Act that were installed as part of property development
and associated with the District. Said improvements may include, but are not limited to pavement,
curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins,
drainage basins, manholes, and associated appurtenant facilities located within the public street
right-of-ways and other public easements within the District, and dedicated to the City of
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Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution,
provides a full and complete description of the improvements within the District.
City of Atascadero
Resolution No. 2013-011
Page 2 of 2
SECTION 3. The proposed territory within Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) consists of lots, parcels and subdivisions of land
located in the development known as Apple Valley Tract 2495.
SECTION 4. The proposed assessments for the District are outlined in the Engineer's
Report. The Report details the proposed assessments necessary to provide for the annual operation.,
administration, services and maintenance of the improvements described in Section 2 of this
Resolution.
SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held
by the City Council on Tuesday, June 25, 2013 at 6:00 p.m. or as soon thereafter as feasible in
the regular meeting chambers of the City Council located at 6907 El Camino Real, Atascadero,
California, in accordance with Government Code, Section 53753 and California Constitution,
Article XHID, Section 4(e). The City shall give notice of the time and place of the Public Hearing
by posting a copy of this resolution on the official bulletin board customarily used by the Council
for the posting of notices and by publishing this resolution in a local newspaper pursuant to
Government Code Section 6066 as outlined in the 1982 Act. At the Public Hearing, interested
persons shall be permitted to present written and/or oral testimony.
On motion by Council Member Fonzi and seconded by Council Member Kelley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Fonzi,Kelley, Sturtevant and Mayor O'Malley
NOES: None
ABSENT: Council Member Moreno
ADOPTED: May 28,2013
CI F TSC ERO
Tom O'MallQ ,Mayor
ATTEST: \_.._�..f
Marcia McClure T orgerson,C.M.C.,City le-rk
APPROEDPCO F RM:
Brian A. Neil,City Attorney
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