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.
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A City of Atascadero
Resolution No.2005-040
Page 2 of 2
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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