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CITY COUNCIL OF THE CITY OF PLEASANTON AS BOARD OF DIRECTORS OF THE MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLUTION NO. A RESOLUTION DECLARING THE BOARD'S CONFIRMING ASSESSMENTS WITHIN THE MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT AND ORDERING LEVY AND COLLECTION THEREOF WHEREAS, on August 15, 1995, the City Council of the City of Pleasanton adopted Resolution No. 95 -92, approving the formation of a geologic hazard abatement district "GHAD for the Moller Ranch project area and appointing the City Council as the Board of Directors for the GHAD; and WHEREAS, on May 18, 2010, the Board of Directors of the Moller Ranch GHAD adopted Resolution No. 10 -034 declaring the Board's intention to order that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby. Said resolution further declared the Board's intention to assess against the property within the GHAD, for the 2010 -11 fiscal year and for subsequent fiscal years, those amounts set forth in the report prepared by the General Manager of the GHAD pursuant to the Public Resources Code Section 26651. Said report is attached as Exhibit "A" to said Resolution. Said resolution further fixed June 15, 2010, at 6:55 p.m. as the time for the hearing of any protests to the proposed assessments; and further directed the City Clerk to mail notice of said hearing pursuant to Public Resources Code Section 26652. WHEREAS, the public notices were not sent to the property owners within the GHAD, so that on June 15, 2010, the Board of Directors of the Moller Ranch GHAD postponed the hearing of any protests to the proposed assessments to July 20, 2010, at 6:55 p.m. in the City Council Chamber at 200 Old Bernal Road during the GHAD hearing. NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. A public hearing before the Board for the hearing of any protests to the proposed assessments within the Moller Ranch GHAD was held on July 20, 2010, at 6:55 p.m. Notice of said hearing was given in accordance with the requirements of Public Resources Code Section 26652. SECTION 2. At the hearing, the Board heard and considered any and all protests to the proposed assessments. Thereafter, the Board closed the hearing. SECTION 3. The Board hereby orders that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby