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HomeMy WebLinkAboutResolution - - 2016-091 - 5/19/2016 q OF FRE a �a m RESOLUTION NO. . _201.6-91 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT No. 9 ANNEXATION NO. 10 WHEREAS, on May 19, 2016 the Council of the City of Fresno ("Council") adopted Council Resolution No. 2016 - 90 calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 10 to Community Facilities District No. 9 ("CFD No. 9"); and WHEREAS, the Council has received,,reviewed and hereby accepts the City of Fresno City Clerk's ("City Clerk") Canvass and Statement of Election Results, dated May 19th , 2016, 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. 10, has been submitted to the qualified electors within the area of Annexation No. 10, pursuant to Council Resolution No. 2016 -_90 , 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"). Date Adopted: 05/19/2016 Resolution No, 2016-91 Date Approved: 05/19/2016 Effective Date: 05/19/2016 1 of 4 ❑F Pq�s A L rte o 2! n e m u ti 2. The Council declares Annexation No. 10 to be fully formed and the property within Annexation No. 10, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2016 - 89 , annexing Assessor's Parcel Numbers 408-070-23, 32 and 33 as Annexation No. 10, and authorizing the levy of a special tax therein, and Council Resolution No. 2008-351, approving the local goals and policies for Community Facilities District No. 9, as described in the Community Facilities District Report dated as of April 21, 2016, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax liven 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 2 of 4 Get I Up p P n ' o n 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 -- 19th day ofMaw, 2016. AYES: Baines, Brand, Quintero, Soria, Caprioglio NOES: None ABSENT: Brandau, Olivier ABSTAIN: None YVONNE SPENCE, CMC City Clerk BY: D y APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: _ _ _ Z� G ' 17- 14 Raj Sing Badhesha/Deputy City Attorney 3 of 4 * � o EXHIBIT A 9 ,� v i R��EA OCS.1M1 CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 9 Annexation No. 10 I, YVONNE SPENCE, 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 Council of the City of Fresno ("Council") in its Council Resolution No. 2016- 90 on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 9, Annexation No. 10, and held on May 19, 2016. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno 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 10 Total Votes Cast "Yes 10 Total Votes Cast "No" 0 Total Votes Cast 10 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on May 19th , 2016. ATTEST: Yvonne Spence, CMC City Clerk OF P#,p&. � m By De t 4 of 4 G`ty of p,pfi * a r:4 r! Y ED 'OnpS�%ern EXHIBIT A SPECIAL ELECTION BALLOT P11 3 10 (Mailed-Ballot Election) , ��E Community Facilities District No. 9 Cl i Y C!i=� SNC CA Annexation No. 10 This ballot is for the use of The MMD Trust, the sole landowner owning land (Assessor's Parcel Numbers 408-070-23, 32 and 33) within Community Facilities District No. 9, Annexation No. 10, 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 two and one half (2.5) (an undivided 1/4 interest) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on May 19, 2016, to Yvonne Spence, CMC, 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 (City) be Number of Votes authorized to levy a special tax, and YES finance the authorized services, and costs and expenses by and through its 2.5 Community Facilities District No. 9, Annexation No. 10, all as specified in its Council Resolutions No. and Number of Votes No, and shall the NO appropriations limit for Community Facilities District No. 9 Annexation No. 10 be established in accordance therewith? U F 4 v � "Irk 00. y. EXHIBIT A 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 foregoir is true �nd correct and that this declaration is executed on 2016. Company f667MIVID T T By: Print Name: PETER KLEIN Print Title: TRUSTEE (Attach Notary Acknowledgment) OF Fy�S * P 0 n �y *9 RSF� ti &ncs.s� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California County of Alameda 7 On April 25, 2016 before me, Virginia Jarin, Notary Public (insert name and title of the officer) personally appeared Peter Klein --------------------------------------------------------------- who proved to me on 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VIRGINIA JARIN WITNESS my hand and official seal. Commission of 2013629 = mai_ Notary Public-California : Alameda County My Comm.Expires Mar 22,2017 t Signature ��� (Seal) Ci}�y ❑F Fid' � � d EXHIBIT B '`- �rE •� 0 0 . WAIVER AND CONSENT FROM SOLE PROPERTY a SHORTENING TIME PERIODS AND WAIVING VARIOUS RI�� I MEkS011 3 11 FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 9, Annexation No 1U CLF i is rRrSiaC Ct, The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Assessor's Parcel Numbers 408- 070-23, 32 and 33) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No. 10, 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. I 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 waive and consent to the above, that the forlRgoing waivers and consents are voluntarily given and that this declaration is executed on 2016. Company Na MD TRUST Print Name PETER KLEIN Print Title TRUSTEE OF EXHIBIT A r,�OCS.ti SPECIAL ELECTION BALLOT (ir'� 5 PN 3 10 (Mailed-Ballot Election) M T Y CE; , F R E S N 0 CA Community Facilities District No. 9 Annexation No. 10 This ballot is for the use of The AAD Trust, the sole landowner owning land (Assessor's Parcel Numbers 408-070-23, 32 and 33) within Community Facilities District No. 9, Annexation No. 10, 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 two and one half (2.5) (an undivided 1/4 interest) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on May 19, 2016, to Yvonne Spence, CMC, 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 (City) be Number of Votes authorized to levy a special tax, and YES finance the authorized services, and costs and expenses by and through its 2.5 Community Facilities District No. 9, Annexation No. 10, all as specified in its Council Resolutions No. and Number of Votes No. and shall the NO appropriations limit for Community Facilities District No. 9 Annexation No. 10 be established in accordance therewith? s 4 ��1 r sa n rell o0r-1L EXHIBIT A 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 foregoina is tCue a d correct and that this declaration is executed on �� 2016. Company Name AA❑ TRUS By: Print Name: PETER KLEIN Print Title: TRUSTEE (Attach Notary Acknowledgment) -4 6F F'94' ,ry n � �rfo Oct.tis ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Alameda On April 25, 2016 before me, Virginia Jarin, Notary Public (insert name and title of the officer) personally appeared Peter Klein --------------------------------------------------------------- who proved to me on 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- - - - - -- - - - - - - -- - VIRGINIA JARIN WITNESS my hand and official seal. Commission#2013829 Notary Public-California Alameda County I , My Comm.Expires Mar 22,2017 t Signature l i���� �� Seal OF FR�s + o r; gEr- ar B� © q i EXHIBIT B a��r�OpCi-ti1'9 WAIVER AND CONSENT FROM SOLE PROPERTY w 9k �, 11 3 SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION-,-v „ r.,-F, Community Facilities District No. 9, Annexation No. 10 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Assessor's Parcel Numbers 408- 070-23, 32 and 33) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No. 10, 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. I 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 waive and consent to the above, that the for oing waivers and consents are voluntarily given and that this declaration is executed on 2016. Company Na AAD TRU sy:- Print Name PETER KLEIN Print Title TRUSTEE 0 F FRS r' IVED 0 40 1` Pil 3 IO ocs. EXHIBIT A SPECIAL ELECTION BALL ` CLE;;;;, ERES�10 CA (Mailed-Ballot Election) Community Facilities District No. 9 Annexation No. 10 This ballot is for the use of The RED Trust, the sole landowner owning land (Assessor's Parcel Numbers 408-070-23, 32 and 33) within Community Facilities District No. 9, Annexation No. 10, 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 two and one half (2.5) (an undivided 114 interest) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on May 19, 2016, to Yvonne Spence, CMC, 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 (City) be Number of Votes authorized to levy a special tax, and YES finance the authorized services, and costs and expenses by and through its 2 .S Community Facilities District No. 9, Annexation No. 10, all as specified in its Council Resolutions No. and Number of Votes No. and shall the NO appropriations limit for Community Facilities District No. 9 Annexation No, 10 be established in accordance therewith? k � 4 S 2 A �ij+ 6Q v ti 9{rFtr p c s.SR EXHIBIT A 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 N�� 3 2016. Company Name: — J B Print Name; I P7 Print Title: (Attach Notary Acknowledgment) G`ty OF FRS sy �U16 MY 5 PIS 3 10 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNCKv OLEi R-RES1N,10 (-11; SHORTENING TIME PERIODS AND WAIVING VARIOUS RIEQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 9, Annexation No. 10 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Assessor's Parcel Numbers 408- 070-23,; 32 and 33) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No, 10, 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. I 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 waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on 2016 Company Name Ely: Print Name d V-1 1{l n. Print Title CJ S�-e e OF � o x EXHIBIT A OCT SPECIAL ELECTION BALLOT(L"i (`� ;Y (Mailed-Ballot Election) Community Facilities District No. i` ' ` tS�,G Annexation No. 10 This ballot is for the use of The TBD Trust, the sole landowner owning land (Assessor's Parcel Numbers 408-070-23, 32 and 33) within Community Facilities District No. 9, Annexation No. 10, 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 two and one half (2.5) (an undivided 1/4 interest) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on May 19, 2016, to Yvonne Spence, CMC, 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 (City) be Number of Votes authorized to levy a special tax, and YES finance the authorized services, and costs and expenses by and through its 2.5 Community Facilities District No. 9, Annexation No. 10, all as specified in its Council Resolutions No. and Number of Votes No. and shall the NO appropriations limit for Community Facilities District No. 9 Annexation No. 10 be established in accordance therewith? U`,�q pfi RR�s a x � a O� 1� {rlo �y EXHIBIT A oar 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 foreg ing is true and correct and that this declaration is executed on 0,- 'L4 . 2016. Compan ame: TBD T By: Print Name: PETER KLEIN Print Title: TRUSTEE (Attach Notary Acknowledgment) 441 OF FRCS R b M 04 q ti! ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Alameda ) On April 25, 2016 before me, Virginia Jarin, Notary Public (insert name and title of the officer) personally appeared Peter Klein --------------------------------------------------------------- who proved to me on 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. VIRGINIA JARIN WITNESS my hand and official seal. Commission #2013929 Notary Public -California Z ? Alameda County (� My Comm Expires Mar 22,2017 Signature (Seal) G�,Sy OF f Rid' EXHIBIT B PnNAI CONSENT FROM SOLE PROPERTY ER S�ORTENGG TIME D PERIODS AND WAIVING VARIOUS REQUIREMENTS NIN }//}�� �{11 1[ 1F1OR CONDUCTING MAILED-BALLOT ELECTION CETT VL�\[i9 rI1LJt'11.1 Lr''. I� Community Facilities District No. 9, Annexation No. 10 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Assessor's Parcel Numbers 408- 070-23, 32 and 33) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No. 10, 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. I 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 waive and consent to the above, that the fgr going waiversnd consents are voluntarily given and that this declaration is executed on 2016. Company Name BD TRU T B C_ Print Name PETER KLEIN Print Title TRUSTEE