Loading...
HomeMy WebLinkAboutResolution 34-83 1 RESOLUTION N0. 34-83 1 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 1 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 1 83-2:SONORA/PINAL AVENUES 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 83-2: Sonora/Pinal Avenues, hereinafter referred to as the District. 1 NOW,THEREFORE THE COUNCIL OF THE CITY OF ATASCADERO RESOLVES as follows: Section 1 - Recitals 1 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 1 office of the Public Works Director, open for public inspection and herein so referenced and made a part hereof. 1 Section 3 - Assessment That the public interest and convenience requires, it 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 1 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 $700 per lot on Sonora Avenue and $550 per lot on Pinal Avenue. Estimated annual assessment after the first year is approximately $20 per lot on both streets. 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 as Exhibit "A". tSection 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 83-2:Sonora/Pinal Avenues 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 1 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 here declares to be the District benefitted by said improvement and maintenance and to be further assessed to pay the cost and expenses therof. Said Maintenance District shall 1 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 less than tenor more than thirty days after the date of the adoption of this ' Resolution. Section 10 - Notico Advertisement • ' That the City Clerk is hereby authorized and directed to 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 1 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 1 City of Atascadero P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 1 On motion of Councilman Wilkins and seconded by Councilman Nelson , the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey NOES: None ' ABSENT: None ADOPTED: July 25 , 1983 MARJORI R. MACKEY, Mayor ATTEST: 11,X -) ' PATSY . RESTER Deputy City Clerk APPROVED AS TO RM: APPROVED AS TO CONTENT: 0, . Z—a—' ALLEN GRIMES, City Attorney M RAY Y. WARDEN, City Manager 1 i 1 � 1 F� 1 g 4 1 0� n r ti Q h 3 ®m �o V O h 1