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Home My WebLink AboutResolution - - 2011-100 - 5/26/2011A6ptd COMMUNITY FACILITIES DISTRICT No. 11 ANNEXATION NO. 42 WHEREAS, on May 26, 2011, the Council of the City of Fresno adopted Resolution No. 2011 - 99 calling a special mailed -ballot election on levying special taxes on land within, and on approving an annual appropriations limit for, Annexation No. 42 to Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Election Results, dated May 26, 2011, 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. 42, has been submitted to the qualified electors within the area of Annexation No. 42, pursuant to Council Resolution No. 2011 - 99 , 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".) 2. The Council declares Annexation No. 42 to be fully formed and the property within Annexation No. 42, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2011 - 98 , annexing Final Tract No. 5977 as Annexation No. 42, and authorizing the levy of a special tax therein, Council Resolution No. 97-126, approving local ,�DII-1 CO pf f1?rr 1 RESOLUTION NO. 2011 - loo �R'reo a' A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT No. 11 ANNEXATION NO. 42 WHEREAS, on May 26, 2011, the Council of the City of Fresno adopted Resolution No. 2011 - 99 calling a special mailed -ballot election on levying special taxes on land within, and on approving an annual appropriations limit for, Annexation No. 42 to Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Election Results, dated May 26, 2011, 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. 42, has been submitted to the qualified electors within the area of Annexation No. 42, pursuant to Council Resolution No. 2011 - 99 , 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".) 2. The Council declares Annexation No. 42 to be fully formed and the property within Annexation No. 42, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2011 - 98 , annexing Final Tract No. 5977 as Annexation No. 42, and authorizing the levy of a special tax therein, Council Resolution No. 97-126, approving local ,�DII-1 CO Council Resolution Special Mailed Ballot Election Results, CFD No. 11, Annexation No. 42 � °� yeRp s. Page 2 of 2 goals and policies for Community Facilities Districts; as described in the Community Facilities o,gr`a District Report dated as of May 3, 2011, on file with the City Clerk. 3. The Council directs the City Clerk 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 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 was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the 25th day of May 12011. AYES: Baines, Olivier, Quintero, Westerlund, Xiong, Brand NOES: None ABSTAIN: None ABSENT: Borgeas REBECCA E. KLISCH City Clerk BY: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BYC�� Mark Gleason, Deputy EXHIBIT "A" CANVAS AND STATEMENT OF ELECTION RESULTS F . y.. Community Facilities District No. 11 pR�7'fD oG1 Annexation No. 42 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. 2011- on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 42, and held on May 26, 2011. 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 11 Total Votes Cast "Yes 11 Total Votes Cast "No" 0 Total Votes Cast 11 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on 2011. CITY OF FRESNO By Rebecca E. Klisch City Clerk RECEIVED 1. Ballot 2011 MAY 18 PM 3: 30 2. Waiver and Consent SPECIAL ELECTION BALLOT CITY CLERK, FUSHo C/ (Mailed -Ballot Election) Community Facilities District No. 11 Annexation No. 42 This ballot is for the Use of the BN Hudson Ranch L.P., the sole landowner owning land (Tract 5977) within Community Facilities District No. 11, Annexation No. 42, 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 eleven (11) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on May 26, 2011 at 10:00 a.m., 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 of Fresno (the "City") be Number of Votes authorized to levy a special tax, and finance YES the authorized services, and costs and expenses by and through its Community X Facilities District No. 11, Annexation No. 42, all as specified in its Resolutions No. and No. ; and shall Number of Votes the appropriations limit for Community NO Facilities District No. 11 Annexation No. 42 be established in accordance therewith. . i aF tk�s BALLOT CERTIFICATION O 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 foregoing is true and correct and that A y q , 2011. laws of the State of California that the this declaration is executed on Print Name R -t- d,e n�- Print Title OFIq�s RECEIVED 7011 MAY 18 PM 3.3 1 WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND VARIOUS REdbft! uifENTSSt4O C;. FOR CONDUCTING MAILED -BALLOT ELECTION Community Facilities District No. 11 Annexation No. 42 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 5977) in this mailed -ballot election to be conducted within Community Facilities District No. 11 Annexation No. 42, 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. 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 wand consent to the above, that the foregoing waivers and consents are voluntarily givennd th t this declaration is executed on 2011. Company Name By �� o �h fd • �C�iG•Lt�f Print Name pre Lei Print Title STATE OF CALIFORNIA, COUNTY OF Fresno On Mays, 2011 , before me, An -n M. Emma > a Notary Public, personally appeared Jaahn A. Bon-KKle who proved to me on the basis of satisfactory evidence to be the person(j) whose name(4 is/.a@ subscribed to the within instrument and acknowledged to me that he/si ek-Ite r executed the same in his/lw4gwir authorized capacity(im), and that by his/he"*heir signature(v) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary seal or stamp) WITNESS my hand and official seal, Signature L74 V %,-,Y /1 Vf \K,4 ANNA M. RENNA b COMM. #1759837 " m u NOTARY PUBLIC - CALIFORNIA FRESNO COUNTY 41 F R My Camm. Expires Aug. 30, 2011