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HomeMy WebLinkAboutResolution 16-84 RESOLUTION NO. 16 -84 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 & HIGHWAYS CODE SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE FORMATION OF MAINTENANCE DISTRICT 84-1: SAN FERNANDO ROAD: AND CONFIRMING THE ASSESSMENT. WHEREAS, the Council has initiated proceedings for 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", hereinafter referred to as "the District" and WHEREAS, the Council set a hearing on the formation of said Maintenance District held on the 27th day of February, 1984, at 7:30 p.m., zn 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 proceedings 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 Upon the conclusion of the public hearing, the written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are hereby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 previously adopted relating to said assess- ment 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 inaccordance with the report of the City Engineer. Section 6. The estimates of costs, the assessment diagram, the assess- ments, and all other matters set forth in the Engineer's Report, as submitted, are hereby approved and adopted by this Council and hereby confirmed. Section 7. The works of improvement and maintenance contemplated by the Resolution of Intention shall be performed pursuant 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 to the City Treasurer of the City. Section 8. The City Treasurer shall herein establish a special fund known as " City of Atascadero Maintenance District 84-1: San Fernando Road", 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 Collector, 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 property, 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 by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Molina, Nelson, Stover, Wilkins, Mackey NOES: None ABSENT: None MARJORI R. MACKEY, Mayor ADOPTED: February 27, 1984 ATTEST: BARBARA N©RRIS, C ,ty Clerk APPROVED AS T FORM: APPROVED AS TO CONTENT: ti 00, 01,4 �JA ALLEN GRIMES, City Attorney Y L. WARDEN, City Manager ADMINISTRATION BUILDING CITY ATTORNEY .POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 ` PHONE: (805) 466-8000 PHONE: (805) 466-5678. CITYCLER L � � M� CITY CLERK - adei POLICE DEPARTMENT CITY TREASURER - - POST OFFICE.BOX 747 CITY MANAGER INCORPORATED JULY 2. 1979 ATASCADERO,CALIFORNIA 93423 -- FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL:DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 ..�,� PHONE: (805).466.2141 CERTIFICATION I, GEORGIA RAMIREZ., Acting City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 16-84 adopted by the Atascadero City Council at a regular meeting thereof held on February 27, 1984 . Dated: July 31, 1984 AOF/5WAIREZ, '-Acting Ci Clerk City of tascadero, Cal' o nia 112 , .vim ADMINISTRATION BUILDING CITY ATTORNEY (POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 •' PHONE: (805) 466.8000 PHONE: (805) 466-5678 CITY COUNCIL �� CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL_DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT - FIRE DEPARTMENT RECREATION DEPARTMENT - 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 PHONE: (805) 466-2141 CERTIFICATION I, GEORGIA RAMIREZ, Acting City Clerk of the City of Atascadero, hereby certify that the foregoing is a', true and , correct copy of Resolution No. 16-84 adopted by the Atascadero City Council at a regular meeting thereof held on February 27, 1984. $ i Dated: July 31, 1984 )SIEOPZIA RPIREZActing, y Clerk City of Atascadero, Ca f rnia