HomeMy WebLinkAbout2007-030 RESOLUTION NO. 2007-030
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR STREET
AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA
ESTATES) FOR FISCAL YEAR 2007/2008.
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 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, storm 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 MuniFinancial 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
MHC and MRD;
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
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City of Atascadero
Resolution No. 2007-030
Page 2 of 2
right-of-ways and other public easements within the District, and dedicated to the City of
Atascadero for such maintenance.
SECTION 3. The territory within 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 O'Malley and seconded by Council Member Beraud, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud,Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: June 12, 2007
C OF ATASCA
PERO
By:
/Dr. George Luna, Mayor
ATTEST:
vow
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1
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED ASgO FORM:
Patrick-L. Enright, City Attorney