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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.
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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
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PAP
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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
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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
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PUBLIC WORKS DEPA>RTMEfYt' :^
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PI'•559.Q'-aM -FAX 545D.-1045wwwfies ACV CITY CLERK, FRESNO Cfi
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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
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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$283.00 per lot for Annexation No. 100, Tract 5235.
According to the provisions of the Metlo-Roos Community Facilities Act of 1882, and the
resolutions of the City Council of the City of Fresno,the above-named landowner is entitled to cast
thirty eight (38) votes on this ballot.
In order to be counted, this ballot must be cortified below and be returned, either by mail or in
person, before 9:DO a.m. on August 30, 2005 to Rebecca E. Klisch, City Clerk, City of Fresno, 2000
Fresno Street, Room 2133, Fresno, CA 93721.
Mailing by that data will not be sufficient. The ballot must be physically r�by the City
Clerk prior to the deadlinin in order to be counted.
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE
VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED.
BALLOT MEASURE
Number of Votes
Shall the City Council of Fresno (the `City") be YES
authorized to levy a special tax, and finance the
authoriom!servioes, and costs and expenses by
and through its Community Facilities District No.
2, Annexation No. 100, all as specified in its Number of Votes
Resolutions No. and Na. and NO
shall the appropriations limit for Community
Facilities District No. 2 Annexation No, 104 be
established In accordance therewith?
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CERTIFICATION4�rEo
The undersigned is the authorized representative of the above-named landowner and i6 the person
legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true
and correct and that this declaration is executed on 1
2005,
Com Wq Name
By
Print Nome
S,Vi�,
Print Tltle
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of F*$.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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
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W►AIIVER AND CONSENT FROM SOLE pROPEFA f OWNER
SHORTENING TIME PERIODS ARID VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
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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
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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