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HomeMy WebLinkAboutResolution - - 2005-439 - 10/4/2005RESOLUTION NO. 2005 - 439 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 2 ANNEXATION NO. 61 AMENDING SPECIAL TAX AND APPROPRIATIONS LIMIT WHEREAS, on October 4, 2005, the Council of the City of Fresno adopted Resolution No. 2005 - 438 calling a special mailed -ballot election to approve changing the special tax and a new annual appropriations limit for Annexation No. 61 of Community Facilities District No. 2 ("Annexation No. 61"); and WHEREAS, the Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Results of Election, dated October 4, 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 hereby finds and declares that: (a) the ballot measure on the change and levy of taxes and approving a new annual appropriations limit for Annexation No. 61, was submitted to the qualified electors within the area of Annexation No. 61, pursuant to Council Resolution No. 2005 - 438 , 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 the revised special tax for Annexation No. 61 to be as specified in Exhibit "B" of Council Resolution No. 2005-343 and the appropriations limit to be amended accordingly. 3. The Council directs the City Clerk to record a "Notice of Amended Special Tax Lien for CFD No. 2, Annexation No. 61, amending the Notice of Special Tax Lien that was recorded as Document No. 2004-0055654 in the Office of the County Recorder, reflecting the services and the D: \wp\cfd2\annex61\election. results.reso.wpd j4ao�tcd change in special taxes. This shall be done, pursuant to Government Code Section 53328(c) and Streets and Highways Code Section 3117.5, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvas and Statement of Election Results h�i � i4 iF ik �k �k k,Y �k �k �4d�4i�F �F �k*lr it d•*'k+�+�+F h.Y •k a'yY ik*�k s4 �k 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 4th day of October 2005, AYES: Boyajian, Calhoun, Duncan, Sterling, Westerlund, Dages NOES: None ABSTAIN: None ABSENT: Perea APPROVE CITY ATTC Y: Ser TO FORM: fS OFFIC W M. RIZ FIN Mul� 9 REBECCA E. KLISCH City Clerk BY: ��"Z42fzaco 2 D:\wp\cfd2\annex61\election.resuIts. reso.wpd EXHIBIT "A" '== CANVAS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 2 Annexation No. 61 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. 61, and held on October 4, 2005. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. 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 16 Total Votes Cast "Yes 16 Total Votes Cast "No" 0 Total Votes Cast 16 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on October 4, 2005. CITY OF FRESNO By Rebecca E. Klisch City Clerk