HomeMy WebLinkAboutResolution - - 2003-168 - 6/3/2003 RESOLUTION NO. 2003 -168
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
CALLING SPECIAL MAILED-BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 50
WHEREAS, on April 29,2003,the Council of the City of Fresno adopted its Resolution
of Intention to Annex the Final Map of Tract No. 5123 to City of Fresno Community Facilities
District No. 2(CFD No. 2)and to authorize the levy of special taxes. (Resolution of Intention);
and
WHEREAS, the Resolution of Intention identified the services to be provided by
Annexation No. 50 of CFD No. 2 and provided an estimate of the cost of providing those
services; and
WHEREAS,the Resolution of Intention contemplated the imposing a special tax upon
those properties within Annexation No. 50 of CFD No. 2 receiving said services; and
WHEREAS, a report has been filed with the City Clerk of the City of Fresno that
describes the proposed rate and method or apportionment of the special tax among the
parcels of real property proposed to be annexed to the CFD No. 2 in sufficient detail to allow
all interested parties to estimate the maximum amount each property owner must pay; and
WHEREAS, the levy of said proposed special tax shall be subject to the approval of
the qualified electors of the territory proposed to be annexed to the CFD No. 2 at a special
election.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
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Council Resolution No. 2003- 168
Resolution Calling for Special Mailed Ballot Election, CFD No. 2,Annexation No. 50
1. The levy of a special tax proposed in the Annexation Resolution shall be
submitted to the voters pursuant to Government Code Section 53326.
2. The setting of the appropriations limit shall be submitted to the voters pursuant
to Government Code Section 53325.7.
3. The two ballot items described above shall be combined into a single ballot
measure pursuant to Government Code Section 53353.5. The ballot language shall be as
shown on the ballot form attached as Exhibit"A," which ballot form is hereby approved.
4. This Council accepts the Certificate of the Public Works Director filed in these
proceedings and, based on the Certificate, finds that fewer than 12 registered voters reside
within the boundaries of the territory proposed to be annexed to the CFD No. 2. Accordingly,
under Government Code Section 53326(b)the voters in this election shall be the landowners
owning land within the territory proposed to be annexed to the CFD No. 2.
5. The Council further finds that the landowners of record owning property within
the territory proposed to be annexed to the CFD No. 2 are those set forth in the attachment
to the Certificate of the Public Works Director and that the attachment correctly sets forth how
much property owned by each landowner and the number of votes to which each is entitled.
6. This Council approves the form, attached as Exhibit "B," entitled Waiver and
Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-
Ballot Election in the CFD No. 2, Annexation No. 50, City of Fresno, County of Fresno, State
of California. This Council finds that the rights, procedures and time periods therein waived
are solely for the protection of the voters, may be waived under Government Code Section
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Council Resolution No. 2003-168
Resolution Calling for Special Mailed Ballot Election, CFD No. 2, Annexation No. 50
53326(a)and 53327(b), and that the waiver constitutes a full and knowing waiver by any voter
who has executed the form of these rights, procedures and time periods.
7. Accordingly, this Council calls the special election described herein and sets
June 3, 2003 as election day. Pursuant to Government Code Section 53326(d), the election
shall be conducted by mailed ballot.
8. The City Clerk is directed to mail or to deliver the ballots, in the form of Exhibit
"A" hereto, to the landowners shown on the attachment to the Certificate of the Public Works
Director. The City Clerk shall fill in the names of the landowners and the number of votes to
be cast on each ballot, according to the Certificate of the Public Works Director, before
delivery or mailing.
9. The City Clerk shall accept personal or mail delivery of the ballots at any time
up to 9:00 a.m. on June 3, 2003. Upon receipt of all eligible ballots, however, the City Clerk
shall immediately close the election and declare the results to the City Council.
Attachments:
Exhibit A - Special Election Ballot (2 pages)
Exhibit B - Waiver and Consent From Sole Property Owner(1 page)
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Council Resolution No. 2003- 16F3
Resolution Calling for Special Mailed Ballot Election, CFD No. 2, Annexation No. 50
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 3rd day of June ' 2003.
AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian
NOES: None
ABSTAIN: None
ABSENT: None
REBECCA E. KLISCH
City Clerk
BY:
APPROU ,D/AS FORM:
CITY AT, O , " 'S FF
BY;/
i ty
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EXHIBIT "A"
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 2
Annexation No. 50
This ballot is for the use of[landowner], the sole landowner owning land (Tract(s) )within
Community Facilities District No. 2, Annexation No. 50, City of Fresno, County of Fresno, State of
California.
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and the
resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast
(_)votes on this ballot.
In order to be counted, this ballot must be certified below and be returned, either by mail or in
person, before 9:00 a.m. on June 3, 2003, 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 YES
Shall the City Council of Fresno (the "City") be
authorized to levy a special tax, and finance the
authorized services, and costs and expenses by and
through its Community Facilities District No. 2, Number of Votes
Annexation No. 50, all as specified in its Resolutions NO
No. and No. ; and shall the
appropriations limit for Community Facilities District
No. 2 Annexation No. 50 be established in
accordance therewith?
Number of Votes
Al
EXHIBIT "All
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
, 2003.
Company Name
By
Print Name
Print Title
A
EXHIBIT "B" Is
WAIVER AND CONSENT FROM SOLE PROPERTY OWNER
SHORTENING TIME PERIODS AND VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 2
Annexation No. 50
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(s)) in this mailed-ballot election to
be conducted within Community Facilities District No.2 Annexation No.50,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 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 Section 1351, 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 Government Code Section 53327.5.
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
2003.
Company Name
By
Print Name
Print Title