HomeMy WebLinkAboutResolution 2019-040RESOLUTION NO. 2019-040
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
I ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2019/2020 FOR
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01
(APPLE VALLEY)
WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to
as City Council) has by previous Resolutions initiated proceedings to levy special benefit
assessments against parcels of land within Street and Storm Drain Maintenance District No. 01
(Apple Valley) (hereafter referred to as the "District") for the fiscal year commencing July 1, 2019
and ending June 30, 2020; 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 "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of
local street right-of-way improvements and storm drain facilities related thereto; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk, and the City Clerk has presented to the City Council an Engineer's Report in connection
with the proposed levy of special benefit assessments upon eligible parcels of land within the
District, and the City Council did by previous Resolution adopt and approve said Engineer's Report;
and
n WHEREAS, the City Council desires to levy and collect assessments against parcels of
land within the District for the fiscal year commencing July 1, 2019 and ending June 30, 2020, to
pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-
way improvements and storm drain facilities related thereto; and
WHEREAS, the City Council conducted in
proceeding for the District assessments proposed
assessments described in the Engineer's Report did
California State Constitution Article XIIID.
May 2005 a property owner protest ballot
to be levied and majority protest of the
not exist pursuant to the provisions of the
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero: -
SECTION 1. Following notice duly given, the City Council has held.a fualt'and f:4ir Public �-
Hearing regarding its Resolution approving the Engineer's Report prepared in connectiou therewith;
the levy and collection of assessments, and considered the oral and written statements,-:'protests=and
communications made or filed by interested persons. = -
- _
SECTION 2. Based upon its review of the Engineer's Report, a copy op -\which has been^
presented to the City Council and which has been filed with the City Clerk, the City CouhEil hereby
finds and determines that:
a) The land within District will receive special benefit by the operation, maintenance
and servicing of improvements to be provided by the District.
b) The District includes the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within the District is in accordance
and apportioned by a formula and method which fairly distributes the net amount among the
City of Atascadero
Resolution No. 2019-040
Page 2 of 2
eligible parcels in proportion to the special benefit to be received by each parcel from the ^
improvements and services for the fiscal year commencing July 1, 2019 and ending June 30, I I
2020.
SECTION 3. The City Council hereby orders the proposed improvements to be made,
which improvements are briefly described as the maintenance, operation, administration and
servicing of the improvements that may include, but is not limited to local street right-of-way
improvements and storm drain facilities within the District and the appurtenant facilities related
thereto.
SECTION 4. The maintenance, operation and servicing of improvements shall be
performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the
County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be
collected at the same time and in the same manner as the County taxes are collected. After
collection by the County, the net amount of the levy shall be paid to the City.
SECTION 5. The City shall deposit the money representing assessments collected by the
County for the District to the credit of a fund for the Street and Storm Drain Maintenance District
No. 01 (Apple Valley), and such money shall be expended only for the maintenance, operation and
servicing of the improvements as described in the Engineers Report and generally described in
Section 3 of this Resolution.
SECTION 6. The adoption of this Resolution constitutes the establishment of the ^
maximum assessment rate described in the Engineer's Report and the levy of assessments for the I I
fiscal year commencing July 1, 2019 and ending June 30, 2020.
SECTION 7. The City Clerk or her designee is hereby authorized and directed to file the
levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 11th day
of June, 2019.
CITY OF ATASCADERO
Heather Moreno, Mayor
Lara -I£. Christertsen, City derkj
APPROVED AS TO FORM:
E.
Brian Pierik, City Attorney 1
STATE OF CALIFORNIA )
!� COUNTY OF SAN LUIS OBISPO ) §
CITY OF ATASCADERO )
I, AMANDA MUTHER, Deputy City Clerk of the City of Atascadero, DO HEREBY
CERTIFY that the foregoing Resolution No. 2019-040 was duly adopted at a regular meeting of
the City Council of the City of Atascadero held on the 11th day of June, 2019, by the following
roll call vote, to wit:
AYES: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
NOES: None
ABSENT: None
AMANDA MUTHE
DEPUTY CITY CLERK
The foregoing is the original of Resolution No. 2019-040 duly passed and adopted by the
Atascadero City Council at their regular meeting held June 11, 2019.
------------
AMANDA MUTHER_ _ - —
DEPUTY CITY CLERK