HomeMy WebLinkAboutResolution 49-83 E }
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RESOLUTION NO. 49-83
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 HEARINGS THEREON, MAINTENANCE DISTRICT
83-3:MALEZA AVENUE
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 83-3:
Maleza Avenue, 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, and it is the intention
of this City Council to order the formation of a 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 $802 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 as Exhibit "A".
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iSection 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 83-3:14aleza Avenue 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 shall 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 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 28th day of November, 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 ten or more than thirty days after the date of the adoption of this
Resolution.
Section 10 - Notice - 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
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 seconced by Councilman Wilkins , 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: November 14, 1983 0-�
ATTEST: MA JO R. MACKEY, Mayor
'
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' PATSY A. HESTER, Deputy City Clerk
APPROVED AS TO ORM: APPROVED AS TO CONTENT:
' ALLEN GRIMES, City Attorney M RAY . WARDEN, City Manager
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