HomeMy WebLinkAboutResolution 33-83 RESOLUTION N0. 33-83
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING
IT'S INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT
TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND
MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT
OF 1911 (STREETS AND HIGHWAYS CODE 5820 THROUGH 5856; AND SETTING
A TIME AND PLACE FOR PUBLIC HEARING THEREON, MAINTENANCE DISTRICT
83-1:LOBOS LANE
WHEREAS, this City Council has considered the formation of a Maintenance
District pursuant to the provisions of the Streets and Highways Code of the
State of California to be known and designated as Maintenance District 83-1:
Lobos Lane, hereinafter referred to as the District.
NOW, THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows:
Section 1 - Recitals
That the above recitals are true and correct
Section 2 - Public Interest
That the public interest and convenience requires, and it is the intention
of this City Council to order the formation of a Maintenance District to levy and
collect annual assessments for the continual maintenance of certain streets in the
City, all to serve and benefit said District as said area is shown and delineated
on a map hereby approved by this City Council and on file with the office of the
Public Works Director, open for public inspection, and herein so referenced and made
a part hereof.
Section 3 - Assessment
That the public interest and convenience requires,4itt is the intention of this
City Council to order the formation of the Maintenance District as described in this
Resolution, and further it is determined to be within the best public interest and
convenience to levy and collect annual assessments to pay the cost and expenses of
said maintenance and improvements as estimated by the Public Works Director. His
estimate of the annual assessment to pay the cost and expenses are as follows:
Construct 2" thick asphalt concrete paving over existing graded roadway along
with drainage improvements necessary to prevent roadway shoulder erosion. Estimated
annual assessment for the first year is $500 per lot. Estimated annual assessment
after the first year is approximately $20 per lot.
Section 4 - Description of Maintenance
The improvements for which said Maintenance District is to be formed and the
assessments levied and collected shall be for the maintenance of those streets
contained within the boundaries of the district and reflected upon the map of the
District, attached Exhibit "A".
0 •
Section 5 - County Auditor
The County Auditor shall enter on the County assessment roll the amount of
the assessments and shall collect said assessments. After collection by the
County, the net amount of the assessments, after the deduction of any compensation
due to the City for collection, shall be paid to the treasurer for the purpose
of paying costs and expenses of said district.
Section 6 - Special Fund
The City Treasurer shall establish a special fund known as "City of Atascadero
Street Maintenance District 83-1:Lobos Lane Maintenance Fund", in which the said
treasurer shall place all monies collected by the tax collector. As soon as the
monies have been received by the treasurer, payment shall be made out of said fund
only for the purpose provided for in this Resolution and in order to expedite the
making of this maintenance and improvement the City Council may transfer into
said special fund, money from any available source, such funds as it may deem
necessary to expedite the proceedings. Any funds so transferred shall be deemed
a loan to said special fund and shall be repaid out of the proceeds of the assessment
provided for in this Resolution.
Section 7 - Boundaries of District
The said contemplated maintenance and improvement work is, in the opinion of
this City Council, of direct benefit to the properties within the boundaries of the
District, and this Council makes the cost and expenses of said improvement and
maintenance chargeable upon a district, which district said City Council declares
to be the district benefitted by said improvement and maintenance and to be further
assessed to pay the cost and expenses thereof. Said Maintenance District shall
include each and every parcel of land within the boundaries of said District as it
is shown on a map, attached as Exhibit "A", as approved by this City Council and
on file in the office of the Public Works Director, and so designated by name of
the District.
Section 8 - Public Property
Any lots or parcels of land as public property, is the same as defined in
22663 of Division 15, Part 2 of the Streets and Highways Code, which are included
within the boundaries of the Maintenance District, shall be omitted and exempt from
any assessment to be made under these proceedings to cover any of the costs and
expenses of said maintenance and improvement work.
Section 9 - Public Hearing
Notice is hereby given that Monday, the 8th day of August, 1983, at the
hour of 7:30 P.M. , in the Council Chambers of the City Council, being the regular
meeting place of said Council, is the time and place fixed by this City Council
for the hearing of protests or objections in reference to the formation of the
proposed district, to the extent of the maintenance work or improvements, and any
other matters contained in this Resolution. Any person who wishes to object to
the formation of the District should file a written protest with the City Clerk
prior to the time set and scheduled for said public hearing. Said hearing shall
not be set less than ten or more than thirty days after the date of adoption of
this Resolution.
' Section 10 - Notice - Advertisement
That the City Clerk is hereby authorized and direct4ePto publish a copy of
this Resolution in the Atascadero News, a newspaper of general circulation in this
City. The publication shall not be completed less than ten (10) days before the
date of the hearing.
Section 11 - Notice by Mail
The City Clerk is hereby directed to mail notices of the public hearing on
the formation of the District indicating time, place and purpose of the hearing
by mail to each owner whose name and address appear on the last equalized assessment
roll. In addition, the City Clerk shall cause a copy of this Resolution to be
posted in three (3) conspicuous public places within the City. Notice shall be
posted not less than ten (10) days prior to the date set for the hearing.
Section 12 - Effective Date
' This Resolution shall take effect immediately upon its adoption.
Section 13 - Proceedings Inquiries
For any and all information relating to the proceedings, protests procedure,
any documentation and/or information of a procedural or technical nature, your
attention is directed to the below listed person to contact:
Lawrence McPherson
Director of Public Works
City of Atascadero
P.O. Box 747
Atascadero, CA 93423
(805) 466-8000
On motion by Councilman Molina and seconded by Councilman Wilkins, the
foregoing Resolution is hereby adopted in its entirety on the following vote:
'SES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey
NOES: None
r: None
"Ff 'July 25, 1983
fLAAjbRIE,jR. MACKEY, Mayor
Y
APPROVED AS TO CONTENT:
'S -r Deputy City Clerk OY L. DEN, City Manager
LRM:
Attorney