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HomeMy WebLinkAboutResolution 2013-018 RESOLUTION NO. 2013-018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (IDE ANZA ESTATES) FOR FISCAL YEAR 201.3/2014 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (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. 3 (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 sport: 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 22522 of the Act. SECTION 2. Proposed Improvements and Anv 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 Ataseadero Resolution No. 2013-018 Page 2 of 2 Engineer's Annual Levy Report 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 CI `OF SCADERO .___.... By: -- Tom O'Malle ;1�1 or ATTEST: ?%lel Maria McClure Torgerson., C.M.C:,C19 Clerk APPRO D AS TO O Brian A. Pierik, City Attorney