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HomeMy WebLinkAboutResolution 08-84 RESOLUTION NO. 8-84 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 84-1: SAN FERNANDO ROAD 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 84-1: San Fernando Road, here- inafter 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 deline- ated 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. Assessments 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 con- venience 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 a paved access road with a width of 16 ' . Estimated annual assessment for the first year is $1,128 per lot, $3,384 per lot APN 49-271-15, with annual maintenance cost of $20 thereafter. Resolution No. 8-84 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" . 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 col- lection, 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 84-1:San Fernando Road 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 work 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 trans- ferred 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 main- tenance 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, in 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 as- sessment to be made under these proceedings to cover any of the costs and expenses of said maintenance and improvement work. 4� 0 ! Resolution No. 8-84 Section 9. Public Hearing Notice is hereby given that Monday, the 27th day of February, 1984, 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 pro- posed District, to the extent of the maintenance work or improve- ments, 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 news- paper 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 Post Office Box 747 Atascadero, California 93423 805 - 466-8000 0 Resolution No. 8-84 ON MOTION by Councilman Nelson , and seconded by Councilman Molina , the foregoing Resolution is hereby adopted in its entirety on the following vote: AYES: Councilman Molina, Nelson, Stover, Wilkins, Mayor Mackey NOES: None ABSENT: None ADOPTED: February 14, 1984 MARJORIyk. MAC Y, Mayor ATTEST: BARBARA NORRI , City Clerk APPROVED AS T FORMAAPPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney RAY WARDEN, City Manager . Manager A 1 v � sr m co ani p d CQ a) H H 1 i 74 pq x H w 4 W cn a) z H O O •U •,� U A I A a) A S4 z -c co u W cD <C p, O z U G m PQ 4 O W h ca p z z W r A O ^C H z y 4Ui N 0 z •a 0 (1) H W C0 -H f0 J.J I 1 I CN N N M N O CN m1 N 1 00 1 l N N N - 1 1 1 rn °� N r. qq. o CY) C) ch C 00 1 pLn 1 lV �1 CV r-1 \ N NN.. — --N I a, 1 1 1 O-1 al 01 m 1 ce) 1 M —i— OD eM cn C ^ N — -- O 00 O ; rr-I Ln 00 OD N N C14 1 aN 01, LO O 1 � co N N 1 rn � �9 I ter_.- O i C) cn 1 W r O r-I LO 1 ,N l- .r1 N (V rn � ii ct' O LO N 1 a\ 'l , 4EETs'N; AGENDA 6TE ITEM# M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Resolution of Intention - San Fernando Road DATE: January 12, 1984 Attached is the Resolution of Intention necessary to proceed with the formation of a Maintenance Assessment District for San Fernando Road. Council has previously accepted a petition from property owners in this area to process the district. This Resolution establishes a hearing date for protests to be received and is the second step in the formalization of the district. Once the hearing date is set, property owners have the opportunity to file written protests with the Council. If more than 50% of the property owners protest this district, then the proceedings may be dropped, or Council could override the protests by a 4/5ths vote. Should less than 50% of the property owners protest the formation of a maintenance district then Council would adopt a Resolution ordering the formation of the district and ordering the specified work to be done and assessments made toward the benefitting property owners as shown on the maps. The hearing date shown in the Resolution is for the Council meeting of February 27, 1984. Appropriate notices are required to be made to the property owners at least 10 days prior to the hearing date. XAIWR�ENCE ZcPHERSON LM:vh att.