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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: TWR
Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, CALLING SPECIAL MAILED -
BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 9
ANNEXATION NO. 56
WHEREAS, on October 13, 2022, the Council of the City of Fresno (Council) adopted Council Resolution No. 2022-223 to annex the territory k nown as Conditional Use Permit No. P20-04902 to the City of Fresno Community Facilities District No. 9 (CFD No. 9) and to authorize the levy of a special tax; and
WHEREAS, Council Resolution No. 2022-223 identified the S ervices to be provided for Annexation No. 56 by CFD No. 9 and provided an estimate of the cost of providing those Services; and
WHEREAS, Council Resolution No. 2022-223 contemplated imposing a special tax upon those properties within Annexation No. 56 to CFD No. 9 receiving said Services; and
WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special t ax among the parcels of real property proposed to be annexed to CFD No. 9 in sufficient detail to allow all interested parties to estimate the maximum amount each property owner must pay; and
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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 CFD No. 9 at a special election; and
WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 9.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The levy of a special tax proposed in Council Resolution No. 2022-223 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law).
2. The s etting of the appropriations limit shall be submitted to the voters pursuant to City Law.
3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved.
4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the C ertificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 9. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 9.
5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 9 are those set forth in the 3 of 7
attachment to the Certificate 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 From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mail ed-Ballot Election in CFD No. 9 , Annexation No. 56 , 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 City Law, 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 Thursday, November 17, 2022, as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot.
8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowner(s) shown on the attachment to the Certificate.
The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing.
9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any t ime up to the hearing on Thursday, November 17, 2022, at 10:00 a.m.
Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council.
10. Effective Date. This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
BY:
Date
Deputy
APPROVED AS TO FORM:
RINA M. GONZALES,
Interim City Attorney
BY:
Taylor W. Rhoan Date
Deputy City Attorney
Attachments: Exhibit A - Special Election Ballot
Exhibit B - Waiver and Consent From Sole Property Owner
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EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 9
Annexation No. 56
This ballot is for the use of TCM Partners LLC , the sole landowner owning land (Conditional Use Permit No. P20- 04902) within Community Facilities District No. 9 , Annexation No. 56, City of Fresno, County of Fresno, State of California.
According to the provisions of the City of Fresno Special Tax Financing Law , Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above- named landowner is entitled to cast six (6) votes on this ballot.
In order to be counted, the ballot must be returned prior to the hearing on Thursday, November 17, 2022, at 10:00 a.m., to Todd Stermer , CMC, City Clerk, City of Fresno, 2600 Fresno Street, Room, 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
Shall the City of Fresno ( 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. 9 ,
Annexation No. 56, all as specified in its
Council Resolutions No. and
No. ; and shall the
appropriations limit for Communit y
Facilities District No. 9 Annexation No.
56 be esta blished in accordance
therewith?
Number of Votes
YES
Number of Votes
NO
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EXHIBIT A
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 ______________________, 2022.
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgment)
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EXHIBIT B
WAIVER AND CONSENT FROM SOLE PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 9, Annexation No. 56
The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property ( Conditional Use Permit No. P20- 04902) in this mailed- ballot election to be conducted within Community Facilities District No. 9 Annexation No. 56, 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 the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law).
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 City Law.
The undersigned hereby waives the requirement to publish notice of the election under City Law.
The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, 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 City Law.
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 __________________, 2022.
Company Name
By:
Print Name
Print Title