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HomeMy WebLinkAboutResolution - - 2005-375 - 8/30/2005 of RESOLUTION NO. 2005 - 375 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 2 ANNEXATION NO. 100 WHEREAS, on August 30, 2005, the Council of the City of Fresno adopted Resolution No. 2005 - 374 calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for, Annexation No. 100 to Community Facilities District No. 2 ("Annexation No. 100"); and WHEREAS,the Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Results of Election, dated August 30, 2005, 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. 100, submitted to the qualified electors within the area of Annexation No. 100, pursuant to Council Resolution No. 2005- 374 , 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. 100, to be fully formed and the property within Annexation No. 100, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2005 - 373 , annexing Final Tract No. 2535 as Annexation No. 100, 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 July 9, 1997, on file with the City Clerk. �dnp�d D:\wp\cfd2\annex100\election.results.reso.wpd Council Resolution No. 2005- 375 Special Mailed Ballot Election Results, CFD No. 2, Annexation No. 100 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 was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the ,intl, day of Aapiist , 2005. AYES: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages NOES: None ABSTAIN: None ABSENT: None REBECCA E. KLISCH _.._} City Clerk I BY: APPROVE ASP FORM: CITY ATT O S OFF E Y: enior_D p y 2 o� r ti PAP lttr qG�• EXHIBIT "A" CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 2 Annexation No. 100 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. 2005- on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 2, Annexation No. 100, and held on August 30, 2005. 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 38 Total Votes Cast"Yes 38 Total Votes Cast "No" 0 Total Votes Cast 38 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on August 30, 2005. CITY OF FRESNO By Rebecca E. Klisch City Clerk 1 ,b RECEIVED 2005 AUG 29 PM 3: 08 r or SNQ C,c. -Y1•� aw of UI ELU I'm Public Works Department Facsimile Transmittal Sheet 2600 Fresno Street, Fresno Ca. 93721-3623 FAX Number 559 488-1045 ngineering Division, 4 th floor, Room 4019 Date: August 26, 2005 Time: 11:44 pm Total number of pages transmitted Acknowledgment (including cover page): - 5 requested: Dyes ❑ No To: KB Homes of Southbay From: Ann Lillie Sr. Engineering Technician ATTN: Menryk Tay Public Works / Engineering Division Technical Services Group FAX : 831-899-5700 Phone: 559 - 621 - 8690 Phone: 831-899-6144 FAX: 559 - 488 - 1045 Subject: Special Election Ballot for City of Fresno Community Facilities District No. 2. Tract 5235 Please call me if you have questions or comments. IVaTL: Please inofude the r of the person to whom the FAX should be directed. 1f transmission is incomplete, please call(559) 629-8695. FAXTFWISJMO Au 2d Ads Z0'd O&S 668 T28 T AH6 HlnOS BWOH GA 6T :0T S00Z-6Z-oOd Cit PUBLIC WORKS DEPA>RTMEfYt' :^ Fresno :;.�: ail 25 Fr 1005 A(1G 2 9 2soo Fr��sn�eet Fiooin�o,� PM 3� 0 8 Fwno,GA 83721•:�� PI'•559.Q'-aM -FAX 545D.-1045wwwfies ACV CITY CLERK, FRESNO Cfi �+. August 26,2005 Henryk Tay, Manager K:-B Home-South Bay. Inc. 1725 Fremont Blvd Seaslde, CA 93955 Dear Mr. Tay, SUBJECT: Community Facilities District No. 2, Annexation No. 100, Tract 5235. This loner is to summarize actions which need to be taken by an authorized representative of K-B Homs-South Bey,Inc.with respect to Gommunhy Facilities District No.2 prior to the public hearing and special election scheduled for August 30, 2006 at 10:00 a.m. Executian of Sa114t Enclosed is a copy of the official ballot. snowing that K-B Home-South Bay, Inc. is the owner of the subject property. The ballot must be executed by an authorized signatory of K-13 Home-South Bay, Inc. W aiver and Consent Enclosed is a Waiver and Consent to be signed by an authorized signatory of K-e Home-South Bay, ncl Inc. Tba jignIkture of this 9crson mulct_12C notarind. Deadline The signed and notarized documents must be returned to me no later than 9:00 a.m.,August 30,2005 in order for this matter to proceed that morning. 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(559) 621.8695. Sincerely, Rebecca E. Klisch City Clerk Enclosures: 1. Ballot 2. Waiver and Consent 20'd 0&,S 668 T Z8 T AH9 H100S 3WOH Hsi 0Z:0 T S00Z-6Z—onu 1"1UL]-GU-GfJtJ.J GJ'JV . i ui i iu.�i.� .w. ••�� •�� --"- - •••� -� of FAP �seo SPECIAL ELECTION BALLOT (Mailed-Ballat Election) Community Fsclllties District No.2 Annexation No. 100 This ballot is for the use of K-B Home-South Bay the sole landowner owning land (Tract 5235) within Community Facilities District No. 2, Annexation No. 100, City of Fresno, County of Fresno, State of California. The cost is$283.00 per lot for Annexation No. 100, Tract 5235. According to the provisions of the Metlo-Roos Community Facilities Act of 1882, and the resolutions of the City Council of the City of Fresno,the above-named landowner is entitled to cast thirty eight (38) votes on this ballot. In order to be counted, this ballot must be cortified below and be returned, either by mail or in person, before 9:DO a.m. on August 30, 2005 to Rebecca E. Klisch, City Clerk, City of Fresno, 2000 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that data will not be sufficient. The ballot must be physically r�by the City Clerk prior to the deadlinin in order to be counted. AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED. BALLOT MEASURE Number of Votes Shall the City Council of Fresno (the `City") be YES authorized to levy a special tax, and finance the authoriom!servioes, and costs and expenses by and through its Community Facilities District No. 2, Annexation No. 100, all as specified in its Number of Votes Resolutions No. and Na. and NO shall the appropriations limit for Community Facilities District No. 2 Annexation No, 104 be established In accordance therewith? b0'd OOLS 669 T29 T AHS HinoS SWOH Hsi OZ:0 T S00Z-6Z-olid HUL7�G0—G1710J G�•7YJ 1 1 i ur rmr-01Iu r.W. ✓✓i ��+u ac+�✓ 1 r rrw•w Tr r. Q A _ � P r CERTIFICATION4�rEo The undersigned is the authorized representative of the above-named landowner and i6 the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1 2005, Com Wq Name By Print Nome S,Vi�, Print Tltle SO'd M.S 668 T z8 T AHS HinoS SWOH Hsi &Z:0T sow-6Z-ono of F*$. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..:. .:•_��ecrrc ;. ... Yrecc cc :,rz�ccr4 ,= ss�tcrc cscnoc enc n�c :. .. - - State of California County of ss. On A 4AV--7,9 o3Q(, before me, _�• Rmin"�ZLi Date �1 Name and Title of Officer(e.g-,"Jane Doe,Notary Public") personally appeared 2eLf ft-it—V)P,YWO, ' Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence LwSi4RAL.ROOM to be the person(s) whose name(s) is/are subscribed X11#15r6�69 to the within instrument and acknowledged to me that CaVoMi'O he/she/they executed the same in his/her/their �m•ExglretJan22 2009 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. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: .. _LY7 7 « Document Date: _ _ Number of Pages: Signer(s) Other Than Named Above. _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in FactTop of thumb here ❑ Attorney in Fact [J_ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: - 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No-5907 Reorder:Call Toll-Free 1-800-876-6827 90'd 1ti101 HUL?_CD_eWW-J GJ•JYJ �.� I I Ur r•r•�alv� I .w. r - -.uu ---- W►AIIVER AND CONSENT FROM SOLE pROPEFA f OWNER SHORTENING TIME PERIODS ARID VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION ti •s- 4�aa 4at•ti Community Facilities District No. 2 Annexation No. 100 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 5235) in this mailed-ballot election to be conducted within Community Facilities District nm�Annethe xation alQSpo�ial�a�r��reviaus y other things,whetherthe rate and method of apps approved and recorded, shall be altered. 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 Sedion 4101, and agrees to accept either mailed service of personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in Govemment Code Section 53327.5. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the elecilon, 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 convent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on 2005. C.ornpaM Name k- lDt7v-ig- Print Name SV Print Title TrlT01 D PCZ 90'd 00LS 668 T£8 T AHE H100S 9WOH HSI Oz:0T SOOz-6z-olid CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cc�erc State of California ss. County of OnLJ� ,, ZM before me, Date ' Name and Title of Officer(e.g,"Jane Doe,Notary Public") personally appeared i'GC [1 /Q f- Name(s)of Signer(s) W<ersonally known to me ❑ 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 COW4111uiafrtt41546469 he/she/they executed the same in his/her/their NokNy Abic-Callomill authorized capacity(ies), and that by his/her/their AkMWdi°CCU ' signature(s) on the instrument the person(s), or the 1W1MVCmm.b0wjm22.2w4 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above "eJ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / I I, Title or Type of Document:__W LL&r a17d C�Z�X - (�4e X�17'on O• Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—,❑ Limited ❑ General _ ❑ Attorneyin Fact • • h�ere Top of thumb here ❑ Attorney in Fact Top of thumb ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02004 National Notary Association•9350 De Soto Ave,P.O Box 2402•Chatsworth,CA 91313-2402 Item No 5907 Reorder:Call Toll-Free 1-800-876-6827