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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 D:\wp\cfd2\annex17\election.results.reso.wpd • • 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. ***********irk*A A A A A***** 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? D:\wp\cfd2\annex17\Hearing\4582ballot • • 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 D:\wp\cfd2\annexl7\1-learing\4582ballot • 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 D:\wp\cfd2\annexl THearing\4582ballot t . • • 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 D:\wp\cfd2\annexl7\Hearing\4582ballot • { 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