of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and
WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and
WHEREAS, Annexation Map No. 67 to CFD 2012-2 has been filed with the county recorder of the County of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The above recitals are true and correct and made a part hereof.
Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.
Section 3. This council determines that the project proposed for the Territory will intensify the use of the property, creating a need for more Services under CFD 2012-2. The Services, which CFD 2012-2 is authorized to finance, are in addition to those provided in or required for the territory within CFD 2012-2 and will not be replacing services already available.
Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 67 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein, as if fully set forth herein.
Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Method. The special tax is hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, Packet Page 292 of 299Attachment 1 Page 2 of 4
RES. NO. 2024-82
commencing with fiscal year (FY) 2024-2025, in accordance with the Rate and Method and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.
Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.
Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the Territory.
Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.
Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on April 16, 2024, (Election Day) in the office of the city clerk, at City Hall, located at 1000 Webster Street, Fairfield, California.
Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.
Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery.
Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.
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RES. NO. 2024-82
PASSED AND ADOPTED this 16th day of April, 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Packet Page 294 of 299Attachment 1 Page 4 of 4
East Tabor AveWalters RdANNEXATION MAP NO. 67 (TACO BELL)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity Map§¨¦I-80Walters RdEast Tabor AveSiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 67 (TACO BELL) OFCOMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETYSERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE),CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRFIELDAT A REGULAR MEETING, THEREOF, HELD ON THE ____________ DAYOF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendAnnexation 67Map Reference Number11MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0170-210-080Packet Page 295 of 299Attachment 2 Page 1 of 1
EXHIBIT A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 67
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on April 16, 2024, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.
To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.
If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.
BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on March 5, 2024?
YES:
NO:
By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.
Acres Owned Within Territory Annexed:
Number of Votes:
Property Owner:
Property Owner/Authorized Representative Signature: ________________________
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-83
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A
SPECIAL ANNEXATION ELECTION IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK
MAINTENANCE), DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN FOR CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 67 (TACO BELL)
WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD 2012-2); and
WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the city clerk has filed a Canvass and Statement of Results of Election (Canvass), a copy of which is attached hereto as Exhibit A; and
WHEREAS, this council has reviewed the Canvass and hereby approves it.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The above recitals are true and correct and made a part hereof.
Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution No. 2024-82, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Taco Bell) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 67, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof,” adopted April 16, 2024.
Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two- thirds of the landowners voting at the special election.
Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution No. 2024-82, adopted April 16, 2024, as heretofore provided in these proceedings.
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RES. NO. 2024-83
Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.
Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the County of Solano, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.
PASSED AND ADOPTED this 16th day of April 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Packet Page 298 of 299Attachment 4 Page 2 of 2
Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 67
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on April 16, 2024, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:
City of Fairfield Community Facilities District
No. 2012-2 (Public Safety Services, Open
Space Operation, and Park Maintenance)
Qualified
Landowner
Votes Votes Cast YES NO
Annexation No. 67 Special Tax Annexation
Election, April 16, 2024 2
BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on March 5, 2024?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 16TH DAY OF APRIL, 2024.
CITY OF FAIRFIELD
By:________________________
City Clerk
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