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Home My WebLink AboutResolution - - 2014-135 - 8/21/2014 OF FRr tty RESOLUTION NO. 2014-135 _ 4F0 QCZ.ti _mow A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED-BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 54 WHEREAS, on July 17, 2014, the Council of the City of Fresno ("Council') adopted Resolution No. 2014-110 to annex Final Tract Map No. 6073 to City of Fresno Community Facilities District No. 11 ("CFD No. 11") and to authorize the levy of special taxes; and WHEREAS, Resolution No. 2014-110 identified the services to be provided by Annexation No. 110 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Resolution No. 2014-110 contemplated the imposing of a special tax upon those properties within Annexation No. 54 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno ("City Clerk") that describes the proposed rate and method or apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient 1 of 7 Date Adopted: 08/21/2014 Resolution No. 2014-135 Date Approved:08/21/2014 Effective Date: 08/21/2014 OF rpF detail to allow all interested parties to estimate the maximum amount each property?° oaz '� owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special election; and WHEREAS, the Public Works Director has filed a Certificate (the "Certificate") in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE IT RESOLVED by the Council as follows: 1 . The levy of a special tax proposed in Resolution No. 2014-110 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11 . Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council further finds that the landowners of record owning property 2 of 7 •tib p F F q{.S' P • � within the territory proposed to be annexed to CFD No. 11 are those set forth in the °4.Tro Or` y'ti attachment to the Certificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached behind Exhibit A, attached as Exhibit B, entitled Waiver and Consent From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 54, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets August 21, 2014 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on August 21, 2014. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. 3 of 7 ypFF►� 1 a 7 � F r Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss, CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resohition was adopted by the Council of the City of Fresno, at a regular meeting held on the 21st day of August, 2014 AYES : Baines, Brand, Caprioglio, Olivier, Quintero, Xiong NOES : None ABSENT : Brandau ABSTAIN : None Mayor Approval: N/A , 2014 Mayor Approval/No Return: . 2014 Mayor Veto: N/A , 2014 Council Override Vote: __ N/A 2014 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Raj Si gh Badhesha, Deputy 4of7 OF F. L 0 1 EXHIBIT A a z. I,TEp QCS ti SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 54 This ballot is for the use of the Silkscape Inc., the sole landowner owning land (Final Tract Map No. 6073) within Community Facilities District No. 11, Annexation No. 54, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast twelve (12) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on August 21 , 2014 at 2:00 p.m., to Yvonne Spence, CMC, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to Number of Votes levy a special tax, and finance the YES authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 54, all as specified in its Council Resolutions No. and No. ; and shall Number of Votes the appropriations limit for Community NO Facilities District No. 11 Annexation No. 54 be established in accordance therewith? 5of7 t� D� ��FS s, y� EXHIBIT A ' e� � titi• f?ED 00 CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2014. Company Name: By: — - Print Name: Print Title: - (Attach Notary Acknowledgment) 6 of 7 �S� p F fgEs S'Li 6 4f • ` EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 54 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Final Tract Map No. 6073) in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 54, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on 2014. Company Name By. - Print Name Print Title 7 of 7