HomeMy WebLinkAboutResolution 2005-043 RESOLUTION NO.2005-043
a1r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR
LANDSCAPING AND LIGHTING 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 Landscaping and
Lighting District No. 01 (Apple Valley) (hereafter referred to as `District") pursuant to the
provisions of the landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and
Highways Code of California,beginning with Section 22500 (hereafter referred to as the "Act") and
the California Constitution Articles XIIIC and XIED, 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 landscaping, lighting and appurtenant
facilities installed in conjunction with the development of properties within the residential
subdivision known as Apple Valley Tract 2495; and.
�.' 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: $76,143.2
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.
City of Atascadero
Resolution No.2005-043
Page 2 of 2
fir•°
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 Members Clay, Luna, O'Malley, Pacas and Mayor Scalise
NOES: None
ABSENT: None
ADOPTED: May 24, 2005
CITY OF ATA AD O
By: / .
Wen cJ % Scalis , ayor
Attest:
F .
Marcia McClure Torgerson, C.M.C., C4 Clerk
APPROVED AS TO FARM:
Patricl . Eyi , City Attorney