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HomeMy WebLinkAboutResolution 37-83I I RESOLUTION NO. 37-83 ' RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVE- MENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE ' FORMATION OF MAINTENANCE DISTRICT 83-2 : SONORA/PINAL AVENUES: AND CONFIRMING THE ASSESSMENT. ' WHEREAS, the Council has initiated proceedings for the forma- tion 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/final Avenues" , hereinafter referred to as "the District" , and WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 8th day of August, 1983, at 7 : 30 P.M. , in the Council Chambers of the City Council; and ' WHEREAS, at this time, the Council has heard testimony and evidence and is desirous of proceeding with the formation proceed- ings and confirmation of the improvements and maintenance and levy of assessments; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Atascadero as follows: Section 1. The above recitals are true and correct. Section 2 . Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent prop- erty owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are hereby overruled and denied. Section 3. The Council hereby confirms the maintenance and ' assessment work for the District as set forth in the Engineer' s Report and as referred to in the Resolution of Intention as pre- viously adopted relating to said assessment levy. Section 4. The diagram and assessment as set forth in the Engineer' s Report are hereby confirmed and adopted by this Council. Section 5. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing on the lst day of July, 1983, and ending on the 30th day of June, 1984, all in accordance with the report of the City Engineer. Section 6 . The estimates of costs, the assessment diagram, the assessments, and all other matters set forth in the Engineer ' s Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. -1- RESOLUTION NO. 3-*3 • Section 7. The works of improvement and maintenance contem- plated by the Resolution of Intention shall be performed pursuant t to law, and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County ' taxes are collected. After collection by said County, the net amount of the assessment shall be paid toithe City Treasurer of the City. ' Section 8 . The City Treasurer shall herein establish a special fund known as "City of Atascadero Maintenance District 83-2 • Sonora/Pinal Aves" , into which the City Treasurer shall place all monies•collected by the Tax Collector pursuant to the provisions of this resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 9. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 10 . The City Clerk is hereby further ordered and ' directed to file a certified copy of the diagram and assessment roll with the County Tax Collecter, , together, with a certified copy of this resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the Public Works Director, with a duplicate copy on file in the office of the City Clerk and open to ' the public for inspection. Section 12 . Any parcels or . lots of 'land known as public prop- erty, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District, shall be omitted and exempt from any assessment made under these proceedings. On motion b Councilman Wilkins and seconded b Councilman Stover Y y the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmen Nelson, Stover, Wilkins and May Mackey /f ' NOES• None MARJOK E R. MACKEY, Mayor ABSENT: Councilman Molina ' ADOPTED: August 8 , 1983 -2- II I RESOLUTION NO. 37-83 ATTEST: BARBARA NORRIS? C' ty Clerk APPROVED AS TO FO ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: 011 ' M RAY . WARDEN, City Manager II � r r -3- PUBLIC WORKS DIRECTOR' S REPORT MAINTENANCE DISTRICT NO. 83-2 ' SONORA/PINAL AVENUES Attached is an estimate of the costs for the improvement of Sonora and Lower Pinal Avenues. Said improvements would include rough grading, associated 1 drainage structures, and a 2" asphalt concrete main- tenance cap to provide a 20 foot roadbed on these streets. Accompanying this report is a diagram of the district delineating the exterior boundaries thereof ' and every lot of land therein for the proposed work, improvements and maintenance. Also attached is the listing of individual assessor' s parcel numbers along with the assessment for F.Y. 1983-84 for each of the benefitting lots as approved with the resolution. EXHIBIT A ' SONORA/PINAL Assessor' s Parcel # Property Owner Assessment ' 29-181-06 D. Theriault $ 543 7380 Pinal Avenue ' Atascadero, CA 93422 29-181-05 L. Castellano $ 543 1550 E. Shaw Ave.E101 Fresno, CA 93710 29-181-41 N.E. Scott $ 543 ' 7900 Yesal Atascadero, CA 93422 ' 29-181-40 DM & PA Pyron $ 543 4636 Viscano Ave. Atascadero, CA 93422 29-181-02 DE & PM Caudill $ 543 7310 Pinal Ave. Atascadero, CA 93422 ' 29-181-46 TL & LR Miles $ 543 7370 El Camino Atascadero, CA 93422 ' 29-121-03 LB Dohrmann $ 543 4801 Jellett 1 San Diego, CA 92110 29-121-02 BE & MM Ratcliff $ 543 7345 Pinal Atascadero, CA 93422 29-121-01-Lot 5, 6 LB Dohrmann $ 543 ' 4801 Jellett San Diego, CA 92110 ' 29-181-45 RB & M Wiley $ 711 P.O. Box 1707 Atascadero, CA 93423 ' 29-181-16 MA & G Silva $ 711 7335 Sonora Ave. Atascadero, CA 93422 29-181-51 HF & CD Cardinale $ 711 7355 Sonora Ave Atascadero, CA 93422 29-181-52 O. Vogt Etal $ 356 7460 Pinal Ave. Atascadero, CA 93422 Assessor' s Parcel # Property Owner Assessment 29-171-21 GA Rachunok $ 356 7370 Sonora ' Atascadero, CA 93422 29-171-03 FE Calkins $ 711 310 NW 4th St John Day, OR 97845 29-171-02 JF & DC Garnett $ 711 ' P.O. Box 514 Atascadero,, 'CA 93423 ' 29-171-01 CT Willis $ 711 Box 338 Cabin Creek, West VA 1 29-161-04 CE Derby $ 711 P.O. Box 86 Atascadero, CA 93423 ' 29-161-09 BR & JM Rogers $ 711 o Bruce Rogers P.O. Box 943 ' Atascadero, CA 93423 1 u a Y O t � � b d�t��oa d