HomeMy WebLinkAboutResolution - - 2014-055 - 3/27/2014 OF r,?,,
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RESOLUTION NO. 2014-55
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS
COMMUNITY FACILITIES DISTRICT NO. 11
ANNEXATION NO. 53
WHEREAS, on March 27, 2014, the Council of the City of Fresno ("Council")
adopted Council Resolution No. 2014 — 54 calling a special mailed-ballot election on
levying special taxes on land within, and on approving an annual appropriations limit for
Annexation No. 53 to Community Facilities District No. 11 ("CFD No. 11"); and
WHEREAS, the Council has received, reviewed and hereby accepts the City of
Fresno City Clerk's ("City Clerk") Canvass and Statement of Election Results, dated
March 27, 2014, a copy of which is attached as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council finds and declares that: (a) the ballot measure on the levy of
taxes and approval of an annual appropriations limit for Annexation No. 53, has been
submitted to the qualified electors within the area of Annexation No. 53, pursuant to
Council Resolution No. 2014 — 53, and (b) the ballot measure has been passed and
approved by more than two-thirds of the votes cast, in accordance with City of Fresno
Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code
("City Law").
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Date Adopted : 03/27/2014
Date Approved: 03/27/2014
Effective Date : 03/27/2014
Resolution No. 2014-55
4d 1
RFA AGZ•1•~
2. The Council declares Annexation No. 53 to be fully formed and the property
within Annexation No. 53, to be subject to the levy of the special taxes and the special tax
lien described in Council Resolution No. 2014 — 53, annexing Final Tract Map No. 6044
as Annexation No. 53, and authorizing the levy of a special tax therein, and Council
Resolution No. 97-126, approving local goals and policies for Community Facilities
Districts, as described in the Community Facilities District Report dated as of February
28, 2014, on file with the City Clerk.
3. The Council directs the City Clerk or designee to record a notice of special
tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days
after this resolution is adopted.
Attachment:
Exhibit A - Canvas and Statement of Election Results
* * * * * * * * * * * * * *
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STATE OF CALIFORNIA ) •°T+r4y ac5'R'
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the 27th day of March, 2014.
AYES : Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Bandau
NOES : None
ABSENT : None
ABSTAIN : None
YVONNE SPENCE, CMC
City Clerk
BY:
qlv�'� 5��-
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Raj Si gh Badhesha, Deputy
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V�~A o f F Rf r a
EXHIBIT A ;
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CANVAS AND STATEMENT OF ELECTION RESULTS
Community Facilities District No. 11
Annexation No. 53
I, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify:
I have personally received and assembled all ballots eligible to be cast in the
special mailed-ballot, landowner election called by the Council of the City of Fresno in
its Council Resolution No. 2014-54 on propositions to levy a special tax within and
approve an appropriations limit for Community Facilities District No. 11, Annexation No.
53, and held on March 27, 2014. In accordance with my instructions contained in that
Resolution, I hereby declare the election closed.
personally, in the presence of members of City of Fresno staff representing the
Public Works Department, as well as the City Clerk's Office, have counted the ballots
and canvassed the returns of such election, and hereby certify that the result of that
count is as follows and that the following total votes cast for and against such
propositions, the total votes and the percentage of "yes" votes cast are true and correct.
Total Votes that could be cast 12
Total Votes Cast "Yes 12
Total Votes Cast "No" 0
Total Votes Cast
12
The Votes cast "Yes" equal 100% of the total votes cast.
I make this certification on March 27, 2014.
ATTEST:
Yvonne Spence, CMC
City Clerk
By
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De ty
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City or li
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PUBLIC WORKS DEPARTMENT ���1y !'lflfl 11 flM 7 52
Traffic and Engineering Services Division
City Hall,2600 Fresno Street,Room 4064
Fresno,CA 93721-3615
Ph.559-621-8800•FAX 559-498-1439
www.fresno.aov CITY CLERK.FRESNO CA
February 28, 2014
Darius Assemi
Granville at Barstow, Inc.
1396 West Herndon Avenue Suite101
Fresno, CA 93711
Dear Mr. Assemi,
SUBJECT: Ballot for Community Facilities District No. 11, Annexation No. 53, Final Tract Map
No. 6044.
This letter is to summarize actions which need to be taken by an authorized representative of
Granville at Barstow, Inc. with respect to Community Facilities District No. 11, Annexation No. 53,
Final Tract Map No. 6044 prior to the public hearing and special election scheduled for Thursday,
March 27, 2014 at 10:30 a.m.
Execution of Ballot
Enclosed is a copy of the official ballot, showing that Granville at Barstow, Inc. is the owner of the
subject property. The ballot must be executed by an authorized signatory of Granville at Barstow, Inc.
Waiver and Consent
Enclosed is a Waiver and Consent to be signed by an authorized signatory of Granville at Barstow,
Inc. The sl nature of this person must be notarized.
Deadline
The signed and notarized documents must be returned prior to the hearing scheduled for Thursday,
March 27, 2014 at 10:30 a.m., in order for this matter to proceed. The Traffic and Engineering Services
Division requires confirmation that the documents have been submitted Rrior to the hearing.
All forms may be delivered or mailed to the City Clerk's office: Yvonne Spence, CMC, City Clerk
City of Fresno
2600 Fresno Street, Room 2133
Fresno, CA 93721-3623
Sincerely,
Yvonne Spence, CMC
City Clerk
&&thw
/Deputy Date
Enclosures: Ballot, Waiver and Consent
of FSS
a
7
EXHIBIT A b*'Pap
Joel-.
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 11
Annexation No. 53
This ballot is for the use of the Granville at Barstow, Inc., the sole landowner
owning land (Final Tract Map No. 6044) within Community Facilities District No. 11,
Annexation No. 53, 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 March
27, 2014 at 10:30 a.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 X
Facilities District No. 11, Annexation No. 53,
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. 53
be established in accordance therewith?
X �
EXHIBIT A
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.
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
M roc 7*N 2014.
Company Name- A-F rove. lr4[
By:
Print Name: "bP•RwsssEM 1
Print Title: SF_t4 tap, \/►C-F_ 'Pr-,.ES knF_NT-
(Attach Notary Acknowledgment)
of F*,,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � ��4-
O 1v
STATE OF CALIFORNIA
County of Fresno
On r �f� � before me, Cristina G. Lopez _ , Notary Public,
Date Insert Name of Notary exactly as It appears on the official seal
personally appeared Darius Assemi
Names)of Slgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
CRISTMA G.L fir and that by his/her/their signature(s) on the instrument the
Commiselon#F 2004143 person(s), or the entity upon behalf of which the person(s)
Notary Putili'c 4811lomis acted, executed the instrument.
Fresno Comity-
Comm.Expires feb 12,2017 t I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand7/ w
official seal.
Signature
Place Notary Seal Above Signature of Notary Pu Nc
OMONA L
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
l
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
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104,4*,30.14
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. 53
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. 6044) in this
mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation
No. 53, 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
MAIRcN 7',r'-/ , 2014.
Company Name ClRAO%Jtt-L�F_ AT- _E?>p�yJA1r1C•
By: . ��
Print NameAC-iW .ASS
Print Title '_Li:;N toa_ \ c a Dai Dir -F