HomeMy WebLinkAboutResolution 2005-072 RESOLUTION NO. 2005-072
�,. A 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, 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 Landscaping and
Lighting District No. 03 (De Anza Estates) (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 XMC 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 landscaping, trails, open space areas
and appurtenant facilities installed or established in conjunction with the development of properties
within the residential subdivision known as De Anza Estates Tract 2498; and,
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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 X01D:
Yes: $ 55,636.16
No: $ 0
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero
SECTION 1. The above recitals ate 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.
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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 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 ATAS /SERO
By:
Wendy S lise, o
Attest:
Marcia McClure Torgerson, C.M. ,
City Clerk
APPRO D S T
Pat ' E t, City Attorney