HomeMy WebLinkAboutOrdinance 279 CERTIFICATION
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 279 adopted
by the Atascadero City Council at a regular meeting thereof held on June 28,
1994 and that it has been duly published pursuant to State Law.
DATED: '
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 279
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING SPECIAL ASSESSMENT USE CHARGE FOR
ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
(LAS ENCINAS AND 3-F MEADOWS)
WHEREAS, the City of Atascadero (the "City" ) pursuant to
Resolution no. 131-92 has heretofore initiated proceedings under
the Municipal Improvement Act of 1913, being Division 12 of the
California Streets and Highways Code, for the construction of
certain street improvements in the City of Atascadero Street
Improvement Project No. 1992 (the "Assessment District" ) , the
boundaries of which Assessment District are shown on a map entitled
"Boundary Map, City of Atascadero, Street Improvement Project No.
1992, Area No. 1-3-F Meadows" , and a map entitled "Boundary Map,
City of Atascadero, Street Improvement Project No. 1992 , Area No.
3-Las Encinas" , (collectively the "Boundary Map" ) ; and
WHEREAS, pursuant to Resolution No. 98-93, the City issued
bonds (the "Bonds" )under the Improvement Bond Act of 1915, being
Division 10 of the California Streets and Highways Code to provide
for the construction of certain public street improvements (the
"Street Improvements" ) within the Assessment District, as more
particularly described in the Engineer' s report, which report is on
file in the office of the City Clerk (the "Engineer' s Report" ) ; and
WHEREAS, the Engineer' s Report contains, among other things,
the amount of assessment attributed to each individual parcel
within the Assessment District on the basis of the special benefit
calculated to be derived by each such parcel (the "Assessment
Parcels" ) ; and
WHEREAS, pursuant to Section 2 of the Engineer' s Report, the
method for calculating the special benefit to be derived by each
Assessment Parcel was determined on the basis that each parcel
served in proportion to the total number of parcels serviced in the
Assessment District (the "Method of Assessment" ) ; and
WHEREAS, the Bonds were issued on September 14, 1993 in the
aggregate principal amount of $903, 356 . 13, and the principal and
interest sufficient to meet the annual debt service on the Bonds is
included on the regular County of San Luis Obispo tax bills sent to
owners of Assessment Parcels within the Assessment District against
which there are unpaid assessments; and
WHEREAS, the intent of this Ordinance is to require that each
landowner or potential landowner within the Assessment District
bear his or her fair share of those Assessment District costs
properly attributable to an increased intensity of use.
Ordinance No. 279
Page 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Atascadero, as follows :
Section 1. Council Findings .
1 . That the City shall collect, ,in addition to all other charges
of the City, a special assessment use charge for any lot or
parcel within the boundaries of the Assessment District which
was not assessed as part of the Assessment District proceed-
ings, and which was either created prior to the adoption of
this resolution or subsequently hereafter for the purpose of
being developed into a single family residential dwelling unit
(the "New Assessment Parcel" ) .
2 . That the City of Atascadero Public Works Department shall
calculate the assessment on each New Assessment Parcel
according to the Method of Assessment set forth in Section 2
of the Engineer' s Report, thereby charging each New Assess-
ment Parcel for its fair share of the street improvement costs
as though it had been originally assessed for the Bonds .
3 . That the special assessment use charge shall be collected in
cash at the time of being issued a building permit, and each
said special assessment use charge collection shall be applied
pro rata to the reduction of all assessments within the
Assessment District in accordance with the provisions of
Section 10427 of the Streets and Highways Code of the State of
California.
Section 2 . Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Sectlon3 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 :01 a.m. on the 31st day after its passage.
Ordinance No. 279
Page 3
On motion by Councilmember Luna and seconded by Councilmember
Carden, the foregoing Ordinance is approved by the following role
call vote:
AYES: Councilmembers Carden, Highland, Johnson, Luna and Mayor
Bewley
NOES: None
ABSENT: None
DATE ADOPTED: June 28, 1994
By:
R. DAVID BEWLEY, Mayo
ATTE T•
P
r
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ART ER R. MON ANDON, City Attorney
PREPARED BY:
AAO�� 2:0, /00�
HENRY ENGEN
Community Development Director