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HomeMy WebLinkAboutResolution 2005-069 RESOLUTION NO. 2005-069 v A 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. 03 (DE ANZA ESTATES) 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. 03 (De Anza Estates) (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 XIHC and XIIID, 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 residential subdivision known as De Anza Estates Tract 2498; and, Yr WHEREAS, upon the close of the public testimony at the Public Hearing held on August 9, 2005, all valid ballots returned by the landowners of record within the District were opened and tabulated, the results of which are illustrated below, weighted by the proportional financial obligation of each ballot pursuant to the California Constitution Article XIIID: Yes: $34,421.04 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 held on August 9,2005,is hereby confirmed and made public record. City of Atascadero Resolution No. 2005-069 Page 2 of 3 err 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. City of Atascadero Resolution No.2005-069 Page 3 of 3 On motion by Council Member O'Malley and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: Council Members Clay and Luna ADOPTED: August 9, 2005 CITY OF ATASCADERCF By: Wendy calise, ayor Attest: 0111 Z/ Ii Marcia McClure Torgerson, C.M.C., / City Clerk 'err+ APPRO D S Patri . E t, City Attorney