HomeMy WebLinkAboutResolution 2013-015 RESOLUTION NO. 2013-015
RESOLUTION OF THE CITE' COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, INI'T'IATING PROCEEDINGS FOR THE
LEVE' AND COLLECTION OF ANNUAL ASSESSMENTS FOR
ATASCADERO STREET AND STORM DRAIN MAINTENANCE
DISTRICT NO. 03 (DE ANZA ESTATES) FOR FISCAL YEAR 2013/2014.
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
1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter
referred to as the "1982 Act") formed an assessment district to be designated as Atascadero
Street and. Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as
the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of
public streets, sidewalks, stone drain and flood control facilities installed in conjunction with the
development of properties known as De Anza Estates Tract 2498; and to levy and collect annual
assessments related thereto. The 1982 Act provides for the formation of such an assessment
district pursuant to Article 3 Section 54710, and provides for the levy and collection of
assessments by the County on behalf of the City pursuant to Article 4 Section 54718;and,
WHEREAS, the City Council has retained NBS as the Engineer of Work, for the purpose
of assisting with the administration of the District, the establishment of annual assessments, and to
prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 Act; and in
accordance with the requirements of the California Constitution, Articles XIIIC and XIIID;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The City Council hereby orders the Engineer to prepare and file an
Engineer's Annual Levy Report concerning the levy of assessments for properties within the
District as specified by Article 4 Section 54716 of the 1982 Act.
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
Atascadero for such maintenance.
City of Atascadero
Resolution No. 2013-015
Page 2 of 2
SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District
No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land located in the
development known as De Anza Estates Tract 2498.
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� -S-CA ERO
By:
Toni O'Mal ,Mayor
ATTEST:
Marcia McClure Torgerson,C.M:C.,Cit Clerk
APP VED A 'O FORM:
Brian A. Pierik,City Attorney