1 of 5
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: TWR
Resolution No. ____________
RESOLUTION ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING RESULTS OF A
SPECIAL ELECTION AND DIRECTING THE RECORDING
OF A SPECIAL TAX LIEN
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
WHEREAS, this City Council (the City Council) of the City of Fresno (the City) adopted a resolution entitled “A Resolution of the City Council of the City of Fresno, State of California, Establishing the Formation of a Comm unity Facilities Dist rict and Future Annexation Area” (the Resolution of Formation), ordering the formation of the City of Fresno, Community Facilities District No. 18 (Public Safety Services ) (the District) and the future annexation area desi gnated as the “ City of Fresno Community Facilities District No. 18 (Public Safety Services) (Future Annexation Area)” (the Future Annexation Area) , defining the public services (the Services) to be provided by the District and Future A nnexation Area, authorizing the levy of a special tax on pr operty within the District and preliminarily establishing an appropriations limit for the District, all pursuant to Article 3 of Chapter 8 of the Municipal Code of the City of Fresno and the Mello-Roos Community Facilities Act o f 1982 (Sections 53311 and f ollowing, California Government Code; hereafter referred to as the Act); and WHEREAS, under the provisions of the Resolution of Formation, and pursuant to the resolution entitled “A Resolution of the City Council of the City of Fresno, State of California, Calling a Special Election for a Community Fac ilities District” (the Resolution Calling the Special Election) heretofore adopted by this City Council, the propositions of 2 of 5
the levy of the special tax and the establishment of the appropriati ons limit were submitted to the qualified electors of the District as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Resolution Calling the Special Election, which are by this reference incorporated herein, the special election has been held an d the City Clerk has on file a Canvass and Statement of Results of Special Election, (the Canvass) a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Canvass, fi nds it appropriate and wishes to complete its proceedings for the District.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fresno, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and cor rect and establis h the fact ual basis for the City Counci l’s adoption of this Resolution.
2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limi t of not to exceed an amount equal to the proceeds of the special tax coll ected annually all pursuant to the Resolution of Formation.
3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the Distric t. Pursuant to t he Canvass, the issues presented at the special election were approved by the qualified electors of the District by more than two- thirds (2/3) of the votes cast at the special election.
3 of 5
4. Pursuant to the voter approval, t he District is her eby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings a nd actions taken by this City Cou ncil with respect to the District were valid and in conformity with the Act.
5. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Fresno a notice of special tax lien in the for m required by the Act, such r ecording to occur no later than 15 days following adoption of this Resolution by the City Council.
6. This Resolution shall take effect immediately upon its adoption. * * * * * * * * * * * * * *
4 of 5
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:
Deputy Date
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Taylor W. Rhoan Date
Deputy City Attorney
Attachment:
1. Exhibit A - Canvass And Statement of Result of Special Election
5 of 5
EXHIBIT A
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION
I hereby c ertify tha t on December 1, 202 2, I can vassed the returns of the special election held on December 1, 2022, in the City of Fresno Community Facilities District No. 18 (Public Safety Services) of the City of Fresno and the total number of ballots cast in such sp ecial election and the total numb er of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Fresno
Community Facilities District No. 18
(Public Safety Services)
Special Tax Election, December 1, 2022 __59__ _____ _____ _____ BALLOT MEASURE : Shall the City of Fresno be author ized to annually levy a special tax solely on lands withi n the C ity of Fresno Community Facilities District No. 18 (Public Safety Services) (the “District”) in accordance with the rate and method contained in the Resolution of Formation of the Dis trict adopted by the City Council on December 1 , 2022, commencing with the City’s fiscal year 2022 -23, to pay for costs of polic e and fire safety/protection/suppression services , and to pay the costs of the City in ad ministering the District, and shall the annual appropriations limit of the Di strict be establis hed in an amount equal to the proceeds of the special tax collected annually? Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on December 1, 2022.
By:
City Clerk
City of Fresno