HomeMy WebLinkAboutResolution - - 2001-398 - 12/11/2001 • •
RESOLUTION NO. 2001 -398
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
CALLING SPECIAL MAILED-BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 32
WHEREAS, on November 6, 2001, the Council of the City of Fresno adopted its
Resolution of Intention to Annex the Final Map of Tract Nos. 4723 and 4911 to City of Fresno
Community Facilities District No. 2 (CFD No. 2) and to authorize the levy of special taxes.
(Resolution of Intention); and
WHEREAS,the Resolution of Intention identified the services to be provided by the CFD
No. 2 and provided an estimate of the cost of providing those services; and
WHEREAS,the Resolution of Intention contemplated the imposition of a special tax upon
those properties within the CFD No. 2 receiving said services; and
WHEREAS, a report has been filed with the City Clerk of the City of Fresno that
describes the proposed rate and method or apportionment of the special tax among the parcels
of real property proposed to be annexed to the CFD No. 2 in sufficient detail to allow all
interested parties to estimate the maximum amount each property owner will have to 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 the CFD No. 2 at a special election.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The levy of a special tax proposed in the Annexation Resolution shall be submitted
to the voters pursuant to Government Code Section 53326.
2. The setting of the appropriations limit shall be submitted to the voters pursuant
to Government Code Section 53325.7.
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• 3. The two ballot items described above shall be combined into a single ballot
measure pursuant to Government Code Section 53353.5. The ballot language shall be as
shown on the form of ballot hereto attached as Exhibit "A", which form of ballot is ',hereby
approved.
4. This Council hereby accepts the Certificate of the Public Works Director
heretofore filed in these proceedings and finds, in accordance therewith, that there presently
are fewer than 12 registered voters residing within the boundaries of the territory proposed to
be annexed to the CFD No. 2. Accordingly, under Government Code Section 53326'(b) the
voters in this election shall be the landowners owning land within the territory proposed to be
annexed to the CFD No. 2.
5. The Council further finds that the landowners of record owning property within the
territory proposed to be annexed to the CFD No. 2 are those set forth in the attachment to the
Certificate of the Public Works Director and that the attachment correctly sets forth the amount.
of property owned by each landowner and the number of votes to which each is entitled.
6. This Council hereby approves the form of Waiver and Consent Shortening Time
Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in the CFD
No.2,Annexation No. 32, City of Fresno, County of Fresno, State of California, attached hereto
as Exhibit "B". This Council finds that the rights, procedures and time periods therein waived
are solely for the protection of the voters, may be waived under Government Code Section
53326(a) and 53327(b), 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 hereby calls the special election described herein and
sets December 11, 2001 as election day. Pursuant to Government Code Section 53326(d), the
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• election shall be conducted by mailed ballot.
8. The City Clerk 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 of the Public, Works
Director. The City Clerk shall fill in the names of the landowners and the number of votes to be
cast on each ballot, according to the Certificate of the Public Works Director, before delivery
or mailing.
9. The City Clerk shall accept personal or mail delivery of the ballots at any time up
to 9:00 a.m. on December 11, 2001. Upon receipt of all eligible ballots, however, the City Clerk
shall immediately close the election and declare the results to the City Council.
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting
thereof,held on the 11th day of December , 2001.
AYES: Boyajian, Calhoun, Castillo, Duncan, Ronquillo, Perea
NOES: None
ABSTAIN: Quintero
ABSENT: None
Mayor Approval: December 14 , 2001
Mayor Approval/No Return: N/A 2001
Mayor Veto: N/A , 2001
Council Override Vote: N/A , 2001
REBECCA E. KLISCH
City Clerk
BY: '7 'gLx.-72.'(/ r OCZ'
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
/Assistant
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