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HomeMy WebLinkAboutResolution 2017-099 N.C.S. 07/03/2017Resolution No. 2017 -099 N.C.S. of the City of Petaluma, California APPROVING THE TABULATION OF BALLOTS FOR THE ASSESSMENT UPDATE FOR THE SOUTHGATE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT APPROVING THE UPDATE — NOT A MAJORITY PROTEST WHEREAS, the City of Petaluma ( "City ") is responsible for managing the Southgate Landscape Maintenance Assessment District ( "District "); and WHEREAS, on or before May 1, 2017, in conformance with the requirements of Article XIIID of the California Constitution and Sections 53750 et seq, of the California Government Code the City of Petaluma provided to all 26 property owners of record in the District that are to be annexed into the District a "Notice of Property Assessment and Public Hearing" ( "Notice "), of the public hearing on the Assessment Update and set a public hearing on the Assessment Update for June 19, 2017, which hearing was then continued to July 3, 2017; and WHEREAS, the City provided with the Notice a ballot for each owner of record of the 26 parcels that are to be annexed into the District to approve or disapprove the proposed Assessment Update; and WHEREAS, on July 3, 2017 the City Council conducted a public hearing on the proposed Assessment Update in accordance with the Notice, provided the public with an opportunity to comment on the Assessment Update, and considered all protests to the Assessment Update; and WHEREAS, the City Clerk received sealed ballots representing 11 properties prior to the close of the public testimony portion of the public hearing; and WHEREAS, after the close of the public testimony portion of the public hearing, the City Council directed that the sealed ballots be opened in public and tabulated by impartial persons as provided by law. The tabulation of ballots indicated the following: 6 Single - family parcels voted in favor of the Assessment Update and annexation into the Southgate LAD 5 Single- family parcels voted against the Assessment Update and annexation into the Southgate LAD Resolution No. 2017 -099 N.C.S. Page 1 Ballot(s) were disqualified as lacking an indicated vote, votes inconsistent with the type of parcel ownership, lack of original signatures, improper or late receipt or other disqualifying conditions consistent with the Notice and provisions of State law, including Government Code sections 53750 et seq. NOW, THEREFORE, BE IT RESOLVED after a duly noticed public hearing held on July 3, the City of Petaluma has determined from the tabulation of property assessment ballots that there is not a majority protest to the Southgate Landscape Maintenance Assessment District Assessment Update, resulting in approval of the Southgate Landscape Maintenance Assessment Update. Under the power and authority conferred upon this Council by the Charter of said City. Resolution No. 2017 -099 N.C.S. Page 2