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HomeMy WebLinkAboutResolution - - 2006-238 - 6/20/2006 RESOLUTION NO. 2006 - 238 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 2 ANNEXATION NO. 123 WHEREAS, on June 20,2006,the Council of the City of Fresno adopted Resolution No.2006- 237 calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for, Annexation No. 123 to Community Facilities District No. 2 ("Annexation No. 123"); and WHEREAS, the Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Results of Election, dated June 20, 2006, 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. 123, has been submitted to the qualified electors within the area of Annexation No. 123, pursuant to Council Resolution No. 2006 - 237 , and (b) the ballot measure 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 Annexation No. 123, to be fully formed and the property within Annexation No. 123, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2006 - 236 , annexing Final Tract No. 5283 as Annexation No. 123, and authorizing the levy of a special tax therein, Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts; and described in the Community Facilities District Report dated as of June 5, 2006, on file with the City Clerk. D:\wp\cfd2\annex123\e1ection.results.reso.wpd Council Resolution No. 2006- 238 Special Mailed Ballot Election Results, CFD No. 2, Annexation No. 123 3. The Council directs the City Clerk to record a notice of special tax lien in the Office of the County Recorder, pursuant to Government Code Section 53328.3, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvas and Statement of Election Results 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 as adopted by theCouncilof the City of Fresno, California, at a regular meeting thereof, held on the day of , 2006. AYES: Boyajian, Calhoun, Dages, Sterling, Westerlund, Duncan NOES: None ABSTAIN: None ABSENT: Perea REBECCA E. KLISCH City Clerk A��p BY: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: _ Deputy 2 EXHIBIT "A" CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 2 Annexation No. 123 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. 2006- on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 2, Annexation No. 123, and held on June 20, 2006. 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 14 Total Votes Cast"Yes 14 Total Votes Cast "No" 0 Total Votes Cast 14 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on 2006. CITY OF FRESNO By Rebecca E. Klisch City Clerk