HomeMy WebLinkAboutResolution - - 2017-311 - 11/9/2017 OF F,Q
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RESOLUTION NO, 2017-311frkA c�")OCI 4
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A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 9 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 9
ANNEXATION NO. 20
WHEREAS, on October 12, 2017, the Council of the City of Fresno ("Council")
adopted Council Resolution No. 2017-274 to Annex the Territory Known as Assessor's
Parcel Number 403-021-03 to the City of Fresno, Community Facilities District No. 9
("CFD No. 9") and to Authorize the Levy of Special Taxes, pursuant to the City of
Fresno Special Tax Financing Law, Chapter 6, Division 1, Article 3, of the Fresno
Municipal Code ("City Law"); and
WHEREAS, Council Resolution No. 2017-274, incorporating a map of the area
proposed for annexation to CFD No. 9, and stating the Services to be provided, the
estimated maximum cost of providing such Services, and the rate and method of
apportionment of the special tax to be levied within Annexation No. 20 of CFD No. 9 to
finance the Services with respect to Annexation No. 20 of CFD No. 9, is on file with the
City Cleric of the City of Fresno ("City Cleric"), and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this Council held a noticed public hearing, as required
by City Law and Council Resolution No. 2017-274, concerning the annexation of
territory to CFD No. 9; and
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Date Adopted: 11/09/2017 Resolution No. 2017-311
Date Approved: 11/14/2017
Effective Date: 11/14/2017
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WHEREAS, at the hearing all interested persons desiring to be heard on the "rF°uc • �
annexation of territory to CFD No. 9, the Services to be provided therein and the levy of
said special tax were heard and a full fair hearing was held; and
WHEREAS, at the hearing evidence was presented to this Council on the
proposed annexation before it, including a report by the Public Works Director ("District
Report") as to the Services to be provided through CFD No. 9 and the costs thereof,
and a copy of the District Report is on file with the City Clerk; and
WHEREAS, the City Clerk or designee did not receive written protests with
respect to the proposed annexation, the types of Services, or the rate and method of
apportionment of the special taxes filed by fifty percent (50%) or more of the registered
voters residing within the territory proposed to be annexed or the owners of one-half('/2)
or more of the area of land within the territory proposed to be annexed and not exempt
from the Special Tax; and
WHEREAS, the Special Tax proposed to be levied upon the territory proposed
for annexation, to pay for the proposed Services to be financed therein, as set forth in
Exhibit A Page A-2 and A-3 hereto, have not been eliminated by protest by fifty percent
(50%) or more of the registered voters residing within the territory proposed for
annexation or the owners of one-half ('/2) or more of the area of land within the
proposed annexation and not exempt from the special tax.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno as
follows:
1. Recitals. The foregoing recitals are true and correct.
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2. No Majority Protest. The proposed special tax to be levied within th °�ApFAo ,..zti
proposed annexation has not been precluded by majority protest pursuant to City Law.
3. Prior Proceedings. The Council duly considered all prior proceedings
for the proposed annexation and the levy of the special tax therein, and finds and
determines that the proceedings are valid and conform to the requirements of City Law.
This Council hereby finds and determines that the proposed annexation conforms to the
Goals and Policies that this Council adopted respecting the formation of CFD No. 9.
4. Boundaries Described. The boundaries of the proposed annexation, set
forth in the map of the area proposed for annexation to CFD No. 9, recorded in the
Fresno County Recorder's Office in Book 45 at page 13 of Maps of Assessment and
Community Facilities Districts, are approved, incorporated herein by reference, and
shall be the boundaries of Annexation No. 20.
5. Services. The types of Services proposed to be financed by Annexation
No. 20 of CFD No. 9 and pursuant to City Law shall consist of those items listed as
Services on Exhibit A and Exhibit C in the District Report on file with the City Clerk (the
"Services"), which also are attached hereto and incorporated herein by this reference.
6. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 9 to pay for the services, a special tax sufficient to pay the costs thereof,
secured by a continuing lien against all non-exempt real property in CFD No. 9, will be
levied annually within CFD No. 9, and collected in the same manner as ordinary ad
valorem property taxes or in any other manner as this Council or its designee shall
determine, including direct billing of the affected property owners. The proposed rate
and method of apportioning the special tax among the parcels of real property within the
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territory of the proposed annexation, in sufficient detail to allow each landowner wit ''
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the territory of the proposed annexation to estimate the probable maximum amount
such owner will have to pay, are described in the District Report on file with the City
Clerk and.
7. Tax Collection Authority. The Public Works Director of the City of
Fresno, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621-
1492 is the officer who will be responsible for preparing annually a current roll of special
tax levy obligations by assessor's parcel number and estimating future special tax levies
pursuant to City Law.
B. Tax Lien. Upon recordation of a Notice of Special Tax Lien, pursuant to
Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure
each levy of the special tax shall attach to all non-exempt real property in the proposed
annexation area. This lien shall continue in force and effect until the special tax
obligation ceases and the lien canceled in accordance with law or until collection of the
tax by the City of Fresno ceases.
9. Appropriations Limit. In accordance with City Law, the annual
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the
California Constitution, of the proposed annexation, is hereby preliminarily established
at $500,000.00 and said appropriations limit shall be submitted to the voters of the
proposed annexation as hereafter provided. The proposition establishing said annual
appropriations limit shall become effective if approved by the qualified electors voting
thereon and shall be adjusted in accordance with the applicable provisions of City Law.
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10. Election. Pursuant to the provisions of City Law, the levy of the sped
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tax and the proposition to establish the appropriations limit specified above shall be
submitted to the qualified electors of the proposed annexation at an election the time,
place and conditions of which election shall be as specified by a separate resolution of
this Council.
11. Effective Date. This Resolution shall take effect upon its adoption.
Attachments:
Exhibit A - Description of Services and Operations to be Financed by Community
Facilities District No. 9
Exhibit B - Rate and Method of Apportionment of Special Tax
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STATE OF CALIFORNIA
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 91h day of November , 2017.
AYES: Baines, Brandau, Bredefeld, Chavez, Soria
NOES: None
ABSENT: Caprioglio, Olivier
ABSTAIN: None
Mayor Approval: November 14th , 2017
Mayor Approval/No Return: NIA_ . 2017
Mayor Veto: N/A . 2017
Council Override Vote: _ N/A , 2017
YVONNE SPENCE, CMC
City Clerk
BY: �hrv_
)1ty
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: I
Raj Singh Ba esha / Depu y ity Attorney
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EXHIBIT A p
CITY OF FRESNO
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Community Facilities District No. 9
Formation
Description of Services currently financed by Community Facilities District No. 9
The services and operations ("Services") that are to be financed by Community Facilities
District No. 9 ("CFD No. 9") are described below and are permitted by City of Fresno
Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal
Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing
with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning,
repairing and/or replacing all landscaping facilities (including reserves), including
stamped concrete paving in medians and landscaped areas in public street rights-
of-way, public trails, and, in instances where a required sound wall abuts a local
City street and public landscape easements are officially dedicated for public use.
General maintenance will include, without limitation, mowing, edging, fertilizing,
seeding, aerating, and watering grass areas; repairing and replacing irrigation
systems as necessary; staking, pruning, replacing and spraying of trees and
shrubs; repairing and replacing paths, walkways and trails; repairing and replacing
stamped concrete paving and removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing,
repairing and/or replacing all local ground level street infrastructures (including
reserves) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants,
inlets, street trees, street signage and street furniture.
Maintenance costs will also include a proportionate share of all other expenses that the
City may incur in administering the CFD No. 9.
All Services shall be provided by the City of Fresno, with its own forces or by contract
with third parties, or any combination thereof, to be determined entirely by the City of
Fresno.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be
construed as committing the City or CFD No. 9 to provide all of the authorized Services
or to provide for the payment of or reimbursement for all of the authorized incidental
expenses. The provision of Services and/or payment or reimbursement of incidental
expenses shall be subject to the continued existence of CFD No. 9 and the availability of
sufficient proceeds of special taxes within the District.
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EXHIBIT A dy
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CITY OF FRESNO
Community Facilities District No. 9
Annexation No. 20
Description of Services to be Financed by
Community Facilities District No. 9 For
} (Assessor's Parcel Number 403-021-03)
The services and operations described below ("Services") to be financed by Community
Facilities District No. 9 ("CFD No. 9") for the territory known as Assessor's Parcel Number
403-021-03 being developed with Development Permit Application No. 2016-031,
Annexation No. 20, are generally as described below and herewith Exhibit A, page A-3.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all ground level infrastructures (including reserves for replacement)
within the public street rights-of-way associated with Assessor's Parcel Number 403-021-
03. Such facilities include, without limitation, concrete curbs, gutters, and sidewalks, and
street lighting as associated with this development.
Services shall include all costs attributable to street lighting services.
Maintenance costs will also include aro ortionate share of all other expenses that the
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City may incur in administering the CFD No. 9.
All Services shall be provided by the City of Fresno, with its own forces or by contract
with third parties, or any combination thereof, to be determined entirely by the City of
Fresno.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be
construed as committing the City or CFD No. 9 to provide all of the authorized Services
or to provide for the payment of or reimbursement for all of the authorized incidental
expenses. The provision of Services and/or payment or reimbursement of incidental
expenses shall be subject to the successful annexation of Annexation 20 to CFD No. 9
and the availability of sufficient proceeds of Special Taxes within CFD No. 9.
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PUBLIC WORKS DEPARTMENT --
TRAFFIC AND ENGINEERING SERVICES DIVISION
FEATURES TO BE ADDED BY ANNEXATION NO. 20
COMMUNITY FACILITIES DISTRICT NO. 9 NOT TO SCALE
A"uet 30, ton
DEVELOPMENT PERMIT APPLICATION NO. 2016-031 EAST SHEPHERD AVENUE
CONCRETE IMPROVEMENTS:
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CURB & GUTTER = 165 LF
SIDEWALK = 825 SF
STREET LIGHTS:
TOTAL = 1 EACH
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EXHIBIT B G,y OF Fb
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CITY OF FRESNO
Community Facilities District No. 9
Annexation No. 20
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's Service for FY 2017-2018 for
the territory known as Assessor's Parcel Number 403-021-03.
ITEM DESCRIPTION ESTIMATED COST
1 Other Operational Costs $49.00
2 Reserve for Replacement $161.00
3 Incidental Expenses $15.00
Total $225.00
Subdivision or Development Appropriation Limit
Development Permit Total Maximum
Application No. Special Tax for Appropriation Limit Landowner
Services
2016-111 $225.00 $500,000.00 Drew Court LLC
Assessor's Parcel Number 403-021-03
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EXHIBIT B of F��s
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City of Fresno ����rF oc
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Community Facilities District No. 9
Annexation No. 20
Rage and Method of Apportionment of Special Tax
A special tax applicable to each assessor's parcel in Community Facilities District No. 9
("CFD No. 9") shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 9,
unless exempted by law or by the provisions of Section E below, shall be taxed for the
purposes, to the extent, and in the manner herein provided, including property
subsequently annexed to CFD No. 9 unless a separate Rate and Method of
Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel
map with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
of Fresno designating parcels by assessor's parcel number.
"City" means the City of Fresno
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
"Commercial or Industrial Developments or Subdivisions" means developments or
subdivisions zoned for commercial or industrial uses.
"Council" means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 9.
"Developable Lot" means a lot that is anticipated development of residential or non-
residential uses, and which is not an outlot, remainder parcel or other parcel which is
not intended to be developed or which must be further subdivided before being
developed.
"Development" means any assessor's parcel within the City of Fresno which is being
developed for Industrial, Commercial, or Mufti-Family purposes and requires a Building
Permit.
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EXHIBIT B a
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"Excluded Parcels" means those assessor's parcels identified as ineligible for�4`c
inclusion in CFD No. 9 as shown in "Attachment 1" of this Rate and Method of
Apportionment of Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.) that
creates individual developable lots for which building permits may be issued. The term
"Final Map" shall not include any assessor's parcel map or subdivision map or portion
thereof, that does not create individual developable lots for which a building permit may
be issued, including assessor's parcels that are designated as remainder parcels.
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
"Public Property" means any property within the boundaries of CFD No. 9 that is
owned by the federal government, State of California or other local governments or
public agencies.
"Reserve for Replacement" means a reasonable reserve pursuant to Fresno
Municipal Code 8-1-303(e) (4), as a Service cost or expense and not as payment for
public facilities under Government Code Section 53321(d).
"Residential Development or Subdivision" means developments or subdivisions
zoned for residential multi-family uses.
"Residential Unit" means a multi-family residential dwelling unit and shall include
condominiums, town homes, duplex, triplex and fourplex units, and individual apartment
units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to
Section B below, "Residential Units" shall include dwelling units already built on taxable
property in CFD No. 9, as well as dwelling units planned, but not yet built, when the
special tax is levied each fiscal year.
"Shared Services" means the costs of services are paid equally by the property
owners of two or more subdivisions.
"Special Tax" means any special tax to be levied each fiscal year on assessor's
parcels of taxable property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 9, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
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EXHIBIT B :d
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"Subdivision" means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.
"Subdivision" includes a condominium project, as defined in Section 1351 of the Civil
Code, a community apartment project, as defined in Section 1351 of the Civil Code.
"Taxable Property" means all of the assessor's parcels within the boundaries of CFD
No. 9 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATIONS
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS
On or about April 1 of each fiscal year, the City of Fresno ("City") or its designee
shall determine how many square feet of taxable area are in each assessor's
parcels within each commercial or industrial development or subdivision of CFD
No. 9.
For commercial or industrial developments or subdivisions, the area to be taxed
is the total area within each assessor's parcels of the subdivision or development
not designated as public right-of-way and is not to exceed the Maximum Special
Tax identified for the development or subdivision in Section C, Table 1 below.
RESIDENTIAL SUBDIVISIONS
On or about April 1 of each fiscal year, the City or its designee shall determine
how many residential units are built, or allowed to be built, on assessor's parcels
within CFD No. 9. For parcels of undeveloped property zoned for development
of multi-family units, the number of residential units shall be determined by
referencing the condominium plan, apartment plan, site plan or other
development plan, or by assigning the maximum allowable units permitted based
on the underlying zoning for the parcel. Once a multi-family building or buildings
have been built on an assessor's parcel, the City or its designee shall determine
the actual number of residential units contained within the building or buildings,
and the special tax levied against the parcel in the next fiscal year shall be
calculated by dividing the Special Tax Requirement by the actual number of
residential units not to exceed the Maximum Special Tax per residential unit
identified for the subdivision in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax ("MST") applicable to each assessor's parcel in CFD No. 9
shall be specific to each development, subdivision, subdivisions, or portion thereof
within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and
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EXHIBIT B Q
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method adopted for the annexed property shall reflect the MST for the development,
subdivision, subdivisions, or respective portion thereof then annexed.
The MST applicable to each development, subdivision, subdivisions, or portion thereof
in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation
expressly for the individual development, subdivision, subdivisions, or portion thereof
being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST
may be adjusted upward annually at the discretion of the City with a limit of 3% plus the
rise, if any, in the Construction Cost Index (CCI) for the San Francisco Region for the
prior 12-month period (December through December) as published in the Engineering
News Record, or published in a comparable index if the Engineering News Record is
discontinued or otherwise not available. Each annual adjustment of the MST shall
become effective on the subsequent July 1.
Subject to the maximum limit set by the MST, the Special Tax for the commercial,
industrial or multi-family development or subdivision assessor's parcels is calculated by
spreading the Special Tax Requirement to the total taxable square footage of the
development or subdivision and then apportioned proportionately by area to the
individual assessor's parcels within the development or subdivision or by the number of
residential units as applicable.
The total Maximum Special Tax for Fiscal Year 2017-2018 for the development or
subdivision is identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2017-2018)*
Development Permit Application No.** Total Maximum Special Tax
2016-031 $225.00
Assessor's Parcel Number 403-021-03
**A Special Tax shall be levied on all assessor's parcels within an identified
development or subdivision except excluded parcels as identified in Attachment 1.
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-2018, the Special Tax shall be levied on all parcels
of taxable property as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the special tax will be collected;
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EXHIBIT B
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Step 2: Calculate the total special tax revenues that could be collected from Pre,GC[•
taxable property within CFD No. 9 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to each
parcel of taxable property in CFD No. 9;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth
in Table 1 above on all parcels of taxable property in CFD No. 9;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special
Tax levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 9 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of
Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a
public agency, except as otherwise provided in City Law. In addition, no Special Tax
shall be levied on excluded parcels or parcels that are determined not to be developable
lots.
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ATTACHMENT 99
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City of Fresno
Community Facilities District No. 9
Annexation 20
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS
WITHIN THE BOUNDARIES OF ANNEXATION NO. 20
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November 10, 2017 Council Adoptio
Mayor Approval r
TO: MAYOR LEE BRAND Mayor Veto:
Override Request:
FROM: YVONNE SPENCE, MMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 11/9/17, Council adopted the attached Resolution No. 2017-311,
entitled RESOLUTION —Annexing Territory to Community Facilities District No. 9 and
Authorizing the Levy of a Special Tax. Item 10:00 A.M. #2 (1), File ID#17-1470
By the following vote:
Ayes: Baines, Brandau, and Bredefeld, Chavez and Soria RECT-1 Nou 1,417 Pei
Noes: None A=RE-SN0 CfT',';_,Lfi'
Absent: Caprioglio and Olivier
Abstained: None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before November 20, 2017. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
ARPRO�EDINO RETURN:
T:D for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Lee Brand,-Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain