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HomeMy WebLinkAboutResolution 2014-018 aw RESOLUTION 2014-018 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2014/2015 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained NBS for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer's Annual Levy Report: The City Council hereby orders NBS to prepare the Engineer's Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may �"�"' include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and City of Atascadero Resolution No.2014-018 Page 2 of 2 rtirrr expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The Engineer's Annual Levy Report describes any new improvements or substantial changes in existing improvements. On motion by Council Member Moreno and seconded by Mayor Pro Tem Sturtevant, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Fonzi,Kelley, Moreno,Mayor Pro Tem Sturtevant and Mayor O'Malley NOES: None ABSENT: None ADOPTED: May 13, 2014 IF ATASCADERO By: ayor ATTES T: Marcia McClure Torgerson, C.M.C., City Clerk APPROVE S TO Brian A. -ik, eity Attorney