HomeMy WebLinkAboutResolution 55-97 RESOLUTION NO. 55-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-2 PINAL-ESCARPA AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-2; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-2; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the
ensuing year and to fix a special tax rate for the real property
within said maintenance district to raise an amount of money to
cover the expense of maintaining said improvements; and
WHEREAS, we also find this to be in compliance with
Proposition 218 .
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 . Based on an estimate of the Public Works
Director, the Council sets a special tax rate of Twenty Dollars
($20 . 00) per parcel as identified in the assessment diagram for
Maintenance District 86-2, said special tax to cover the expense
of maintaining the road and drainage improvements within said
district during the ensuing year.
Section 3. The adoption of this resolution constitutes a
levy of the assessment for the fiscal year commencing the lst day
of July, 1997, and ending the 30th day of June, 1998 .
Section 4 . The works of improvement and maintenance
performed within Maintenance District 86-2 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 he 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.
Resolution No. 55-97
Page two
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as
"City of Atascadero Maintenance District 86-2 Pinal-Escarpa
Avenues" 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 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8 . 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 Councilmember Luna, seconded by Councilmember
Clay, the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES: Councilmembers Luna, Carden, Clay, Lerno and Mayor
Johnson
NOES: None
ABSENT: None
ADOPTED: July 8, 1997
ATTEST: C OF T DERO
MARCIA M. TORVERSON, ity Clerk C JO NS N, Mayor
APPROVED AS TO FORM:
L �g, 7 J"
ROY HANLEY, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1997/98
FUND: 1083 - ATAS PINAL/ESCARPA
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 111, 002 20. 00
029, 111, 003 20 . 00
029,111, 004 20 . 00
029, 111, 005 20. 00
029, 111, 006 20. 00
029, 111, 007 20. 00
029, 111, 008 20. 00
TOTAL AMOUNT $140 . 00