HomeMy WebLinkAboutResolution 2005-046 RESOLUTION NO. 2005-046
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. 02
(WOODRIDGE/LAS LOMAS) 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. 02 (Woodridge/Las Lomas) (hereafter referred to as `District')
pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California
Govemment Code, beginning with Section 54703 (hereafter referred to as the "Act') and the
California Constitution Articles XIIIC 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
storm drain facilities installed in conjunction with the development of properties within the
yr, residential subdivision ]mown as Woodridge (Las Lomas)Tract 225-1; 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: $115,406.86
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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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 ATASCADERO'
By:
Wend 'Scalise�Ilayor
Attest:
Marcia McClure Torgerson, C.M.C., Ci Clerk
APPROVED AS TO FORM:
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Patrick Lc Enrig -, City Attorney
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