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HomeMy WebLinkAboutResolutions - No. 2010-111RESOLUTION NO. 2010-111 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZINGTHE CITY MANAGERTO SUBMIT" NO VOTE ON PROPERTYASSESSMENT BALLOT FOR CITY PROPERTY LOCATEDWITHIN THE CENTRAL DELTAWATER AGENCY DISTRICT ------------------------------------------------------------------- ................................................................... WHEREAS, the Board of Directors of the Central Valley Water Agency will hold a public hearing and assessment ballot proceeding on Tuesday, July 13, 2010, at 9:30 a.m., at 235 East Weber Avenue, Stockton, California, for the purpose of considering protests, tabulating assessment ballots and otherwise considering adoption of a new maximum assessment rate for future years and the assessment rate for fiscal year 20 10/1 1; and WHEREAS, the current maximum annual assessment rate is $8.00 per acre with a minimum of $2.00 per parcel and generates approximately $900,000.00 per year; and WHEREAS, the current proposal would increase the maximum annual assessment rate to $12.00 per acre with a minimum of $2.00 per parcel, generating $1,347,000.00 per year, which would remain in effect indefinitely; and WHEREAS, the Board of Directors could set the annual assessment at or below the maximum rate each year; and WHEREAS, the proposed increased assessment is for the purpose of sustaining and increasing the level of activity to try to protect the water, water rights, drainage, levee, and flood -related interests; and WHEREAS, the basis of the proposed increased assessment is the acreage of each parcel as shown on the San Joaquin County Assessor's Roll with some adjustments related to land use; and WHEREAS, the maximum rate of assessment and assessment will not be increased if there is a "majority protest" however, the existing maximum rate will remain in effect; and WHEREAS, under Section 4 of Article XIII D of the California Constitution (Proposition 218), a majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and WHEREAS, the number of votes will be based on the dollar amount of the proposed assessment using the proposed maximum assessment rate of $12.00 per acre with a minimum $2.00 per parcel as adjusted pursuant to the allocations in the Engineer's Report; and WHEREAS, staff recommends a "no" vote because of difficulty associating the proposed assessmentwith benefitto the citizens of Lodi. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to submit "no" vote on the Property Assessment Ballot for City property located within the Central Delta Water Agency, on behalf of the City of Lodi. Dated: July 7, 2010 I hereby certify that Resolution No. 2010-111 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 7, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hitchcock ABSTAIN: COUNCIL MEMBERS— None 2010-111