HomeMy WebLinkAboutResolution 2013-012 RESOLUTION NO. 2013-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR
ANNUAL LEVY OF ASSESSMEN'T'S FOR THE ATASCADERO
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01
(APPLE VALLEY) FOR FISCAL YEAR 2013/2014 PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE.
The City Council of the City of Ataseadero (hereafter referred to as "City Council") hereby finds,
determines,resolves and orders as follows:
WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero
Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as
"District") pursuant to the provisions of 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") that provides for levy and collection of assessments by the
County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of
lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and,
WHEREAS, the District and the associated assessments are in compliance with the
provisions of California Constitution Article XIIID; and,
WHEREAS, the City Council has retained NBS for the purpose of assisting with the
Annual Levy of the District and to prepare and file a report with the City Clerk in accordance
with the Act;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. Engineer's Annual Levy Report: The City Council hereby orders NBS to
prepare the Engineer's Annual Levy Report concerning the levy of assessments for the District in
accordance with Chapter 3, Section 22622 of the Act.
SECTION 2. Proposed Improvements and Any Substantial Changes in Existing
Improvements: The improvements within the District include the ongoing operation,
administration, maintenance, servicing and incidental expenses related to the dedicated landscape
areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were
installed as part of property development and associated with the District. Said improvements may
include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and
expenses necessary for the ongoing maintenance and operation of public street lighting as well as
landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and
other designated easements or right-of-ways constructed and. installed as part of the development
plans and agreements approved for the development of each lot and parcel within the District. The
City of Atascadero
Resolution No. 2013-012
Fuge 2 of 2
Engineer's Annual Levy P.eport describes any new improvements or substantial changes in existing
improvements.
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
CIT AADERO
By:
Tom O'Malle,Wayor
ATTEST:
Marcia McClure Torgerson,C.M.C., C' Clerk
APPROVED AS T ORM:
Brian A. Pierik, City Attorney