HomeMy WebLinkAboutResolution 2019-023.•,
RESOLUTION NO. 2019-023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE
ANZA ESTATES) IN FISCAL YEAR 2019/2020, AND TO APPOINT A
TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS
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 pursuant to the provisions of the Benefit Assessment Act of
1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter
referred to as the "1982 Act") did by previous Resolution approve the levy and collection of
annual assessments to pay for the operation, maintenance and servicing of public streets, drainage
and flood control systems and appurtenant facilities related thereto for the assessment district
designated as Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates)
(hereafter referred to as the "District"); and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk a Report in connection with the proposed District, and the levy of assessments for
Fiscal Year 2019/2020 (July 1, 2019 and ending June 30, 2020) in accordance with Chapter 1,
Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution,
Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve
such Report.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The City Council hereby declares its intention to seek the annual levy of the
District pursuant to the 1982 Act, over and including the land within the District boundary, and to
levy and collect special benefit assessments on parcels of land within the District to pay for the costs
and expenses associated with the operation, maintenance, repair and servicing of public streets,
drainage and flood control systems and appurtenant facilities related thereto. "
SECTION 2. The District improvements include the ongoing operatie, admiRistratic4L
maintenance and servicing of the public streets, drainage and flood controt.' ystcrris and appurtenjnt
facilities authorized pursuant to the 1982 Act that were installed as part oT proT2rty.&velopn:$mt
and associated with the District. Said improvements may include, but are not- limited to .pavt` stent,
curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outfits, ce4cCr basins,
drainage basins, manholes, and associated appurtenant facilities located within the public street
right-of-ways and other public easements within the District, and dedicated to the City of
Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution,
provides a full and complete description of the improvements within the District.
City of Atascadero
Resolution No. 2019-023
Page 2 of 2
SECTION 3. The proposed territory within Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land
located in the development known as De Anza Estates Tract 2498.
SECTION 4. The proposed assessments for the District are outlined in the Engineer's
Report. The Report details the proposed assessments necessary to provide for the annual operation,
administration, services and maintenance of the improvements described in Section 2 of this
Resolution.
SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held
by the City Council on Tuesday, June 11, 2019 at 6:00 p.m. or as soon thereafter as feasible in
the regular meeting chambers of the City Council located at 6500 Palma Avenue, Atascadero,
California. At the Public Hearing, all interested persons shall be given an opportunity to hear
and be heard on the proposed assessment to be levied for fiscal year 2019/2020 as contained in
the Engineer's Report on file in the City Clerk's Office.
SECTION 6. The City Clerk shall give notice of the filing of the report and the time and
place of the Public Hearing by publishing in a local newspaper one time at least 10 days prior to the
Public Hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 14th day
of May, 2019.
On motion by Mayor Pro Tem Bourbeau and seconded by Council Member Fonzi, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
CITY OF ATASCADERO
Heather Moreno, Mayor
RTTE"
APPROV`5D AS TO FORM:
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Brian Pierik, City Attorney
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