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HomeMy WebLinkAboutResolution 2005-040 RESOLUTION NO. 2005-040 `r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as "City Council") called and duly held a property owner protest proceeding for Street and Storm Drain Maintenance District No.01 (Apple Valley) (hereafter referred to as "District')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') and the California Constitution Articles MC and X111D, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments for the costs and expenses related to the ongoing operation, maintenance and servicing of local street right-of-way improvements and stomt drain facilities installed in conjunction with the development of properties within the residential subdivision known as Apple Valley Tract 2495; and, °rr+ WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on May 24, 2005 did cast their ballots, weighted by the proportional financial obligation of each ballot,the results of which are illustrated below: Yes: $34.843.20 No: $0, NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The above recitals are true and correct. SECTION 2. The results of the tabulation of the valid property owner protest ballots returned by the property owners of record within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on May 24, 2005, is hereby confirmed and made public record. 14%W A City of Atascadero Resolution No.2005-040 Page 2 of 2 'arrrr SECTION 3. The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates that majority protest of the assessment does not exist, and the City Council is authorized to take the necessary steps to levy the assessments as approved. SECTION 4. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding. SECTION 5. This Resolution shall become effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution. On motion by Mayor Pro Tem O'Malley and seconded by Council Member Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Member Clay, Luna, O'Malley,Pacas and Mayor Scalise ' NOES: None ABSENT: None ADOPTED: May 24, 2005 CITY OF ATWADERO,' By: �.. �-teJ--' � Wend calis ayor Attest: Marcia McClure Torgerson, C.M.C.,Cit Ierk APPROVED AS TO FORM: Patrick.L. Erirrght, City Attorney