HomeMy WebLinkAboutResolution - - 2000-043 - 2/8/2000 RESOLUTION NO. 2000- 43
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO DECLARING ELECTION RESULTS
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 17
WHEREAS, on February 8, 2000, the Council of the City of Fresno adopted
Resolution No. 2000 - 42 calling a special mailed-ballot election on the levy of special
taxes within the area of Community Facilities District No. 2, Annexation No. 17 and
approval of an annual appropriations limit for the district; and
WHEREAS,the Council has received, reviewed and hereby accepts the City Clerk's
Canvass and Statement of Results of Election, dated February 8, 2000, a copy of which
is attached to this resolution as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FRESNO AS FOLLOWS:
1. The Council hereby finds and declares that the ballot measure on the levy
of taxes and approval of an annual appropriations limit for the district submitted to the
qualified electors within the area of Community Facilities District No. 2, Annexation No.
17 pursuant to Council Resolution No. 2000 - 43 has been passed and approved by
more than two-thirds of the votes cast, in accordance with Government Code Sections
53326, 53327, 53327.5 and 53328(a).
2. The Council declares Community Facilities District No. 2, Annexation No.
17 to be fully formed and the property within Community Facilities District No. 2,
Annexation No. 17 to be subject to the levy of the special taxes and the special tax lien as
described in Council Resolution No. 2000- 41 , "a Resolution of the Council of the City
Adopd a�`
4
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of Fresno Annexing Territory to Community Facilities District No. 2, Authorizing the Levy
of a Special Tax therein," Council Resolution No. 97-126, Approving Local Goals and
Policies pertaining to Community Facilities District; and the Community Facilities District
Report dated as of July 9, 1997, on file with the City Clerk, and directs the City Clerk to
have a notice of special tax lien recorded in the Office of the County Recorder, no later
than 15 days after this resolution is adopted, pursuant to Government Code Section
53328.3.
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CLERKS 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 8th day of February , 2000.
AYES: Bredefeld, Perea:,, QuinteroonquillQc;)L. teito, Boyajian r
NOES: Mathys
ABSTAIN: None
ABSENT: None
Mayor Approval: N/A , 2000
Mayor Approval/No Return: N/A , 2000
Mayor Veto: N/A , 2000
Council Override Vote: N/A , 2000
REBECCA E. KLISCH
City Clerk
WogeeelZ FAOB .Y
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: ,4 •
2
S
EXHIBIT "A"
CANVAS AND STATEMENT OF RESULTS OF ELECTION
Community Facilities District No. 2
Annexation No. 17
I, REBECCA E. KLISCH, 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 City Council in its Resolution No. 2000 -
on propositions to levy a special tax within and approve an appropriations limit for Community
Facilities District No. 2, Annexation No. 17, and held on January 25,2000. In accordance with
my instructions contained in that Resolution, I hereby declare the election closed.
I personally, in the presence of members of City 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 13
Total Votes Cast"Yes
Total Votes Cast"No"
Total Votes Cast 13
The Votes cast"Yes" equal %o of the total votes cast.
I make this certification on February 8, 2000.
CITY OF FRESNO
By
Rebecca E. Klisch
City Clerk
i
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 2
Annexation No. 17
This ballot is for the use of, Spalding and Della Wathen, as the sole landowners owning land
(Tract 4582)within Community Facilities District No. 2, Annexation No. 17, City of Fresno, County of
Fresno, State of California.
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and the
resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast
thirteen (13) votes on this ballot.
IR order to be counted, this ballot must be certified below and be returned, either by mail or in
person, before 9:00 a.m. on February 8, 2000 to Rebecca E. Klisch, 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 Council of Fresno (the "City") be Number of Votes
authorized to levy a special tax,and finance the YES
authorized services, and costs and expenses
by and through its Community Facilities District
No. 2, Annexation No. 17, all as specified in its
Resolutions No. and No. ; Number of Votes
and shall the appropriations limit for Community NO
Facilities District No. 2 Annexation No. 17 be
established in accordance therewith?
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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 February 8, 2000.
_/ - ,
Com•;ny Name
By
meq/1,4,,y ,., 1,./4 r'IzA)
Print N me
D420 e
Print Title
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I • •
WAIVER AND CONSENT FROM SOLE PROPERTY OWNER
SHORTENING TIME PERIODS AND VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 2
Annexation No. 17
The undersigned is the person legally entitled and authorized to cast the ballots as the
authorized representative of the sole owner of the property (Tract 4582) in this mailed-ballot
election to be conducted within Community Facilities District No. 2 Annexation No. 17, 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 Government Code Section 53326(a).
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
Government Code Section 53327(b).
The undersigned hereby waives the requirement to publish notice of the election under
Government Code Section 53352.
The undersigned hereby waives the requirements regarding the time to mail ballots to the
qualified electors under Elections Code Section 1351, 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 Government Code Section 53327.5.
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 the
foregoing is true and correct and that this declaration is executed on February 8, 2000.
c/dof), 9. lkl.4 r#€4'
Companty Name
By .ed.idt-4— /• j
q/e%eat, 9, Lvil 7W A/
Print Name
C9e4isep-
Print Title
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STATE OF CALIFORNIA,
COUNTY OF Fleesno
On v21rua 2. a00 0 , before me, udbs /-�-: ►'� ��--
a Notary Public in and for said County and State, personally
appeared S prk of I liLsl G.
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP'
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/theirJUDITH A. ROBINSONPp
authorized capacity(ies), and that by his/her/their COMM. #1198709 c
signature(s) on the instrument the person(s), or � NOTARY PUBLIC-CALIFORNIA
the entity upon behalf of which the person(s) 34 FRESNO COUNTY
My Comm.Expires Oct. 17, 2002
acted, executed the instrument.
WITNESS my hand and official s
Signature a.
•
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
COMMISSION #
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
Govt. Code, Sec. 27261.7)
Signature (Firm Name If Any)
This form is furnished by Chicago Title Company
TE 160-A Fresno(11-95) -
•
City of
IrC�11 x411 • • • * Public Works Department
City Hall • 559-430=1602 """'
2600 Fresno Street, Rm.4019 I"'` w y '
Fresno,California 93721-3623 71 f
January 31, 2000
Spalding Wathen
4470 N Effie
Fresno, CA 93726
Dear Mr. Spalding,
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2, ANNEXATION NO. 17, TRACT 4582
This letter is to summarize actions which need to be taken by an authorized representative of
Spalding and Della Wathen with respect to Community Facilities District No. 2 prior to the public
hearing and special election scheduled for February 8, 2000 at 10:00 a.m.
•
Execution of Ballot
Enclosed is a copy of the official ballot, showing that Spalding and Della Wathen are the owners of
the subject property. The ballot must be executed by an authorized signatory of Spalding and Della
Wathen.
Waiver and Consent
Enclosed is a Waiver and Consent to be signed by an authorized signatory of Spalding and Della
Wathen. The signature of this person must be notarized.
Deadline
The signed and notarized documents must be returned to me no later than 9:00 a.m., February 8,
2000 in order for this matter to proceed at that Council date . All forms may be delivered or mailed
to:
Rebecca E. Klisch
City Clerk
City of Fresno
2600 Fresno Street, Room 2133
Fresno, CA 93721-3623
If you have questions, please call Joe Paff,(209) 498-1488.
Sincerely,
CL-
Rebecca E. Klisch
City Clerk
Enclosures:
1. Ballot
2. Waiver and Consent
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{
CERTIFICATE OF PUBLIC WORKS DIRECTOR
FLFER -S IS
Community Facilities District No 2 `
Annexation No. 17
I, John A. White, hereby declare:
I am familiar with the boundary map of the proposed City of Fresno Community
Facilities District No. 2, City of Fresno ("CFD No. 2) Annexation No. 17. I also prepared,
from County records, the list of private property owners within CFD No. 2 Annexation No.
17 attached hereto. I have also personally inspected the land in CFD No. 2 Annexation
No. 17 and have noted that there are no dwellings therein that might contain registered
voters. I have cross-checked the records with the County Registrar of Voters, as well as
inquired directly of the County Registrar's records. I have done all of this to determine the
number of registered voters, if any, residing within the boundaries of CFD No. 2
Annexation No. 17.
Based on the foregoing, I have determined that, on January 7, 2000, there were no
registered voters residing within CFD No. 2 Annexation No. 17.
Attached to this declaration are the names and addresses of the persons owning
private property within CFD No. 2 Annexation No. 17. The total number of votes to be cast
in the election is 13, based on the formula of one vote for each acre, or portion of an acre,
owned.
I certify that the foregoing is true and correct as of January 7, 2000.
CITY OF FRESNO
By 4ite
-�or Public Works Director
411) 110
Land Owner
Tract 4582: Spalding G. Wathen APN: a portion of 502-020-18
4470 N Effie
Fresno, CA 93726