1 of 7
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: HT
Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, CALLING SPECIAL MAILED -
BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 11
ANNEXATION NO. 142
WHEREAS, on April 20, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-101 to annex Final Tract Map No. 6350 to City of Fresno Community Facilities District No. 11 (CFD No. 11) and to authorize the levy of special taxes; and
WHEREAS, Council Resolution No. 2023-101 identified the services to be provided by Annexation No. 142 of CFD No. 11 and provided an estimat e of the cost of providing those services; and
WHEREAS, Council Resolution No. 2023-101 contemplated the imposing of a special tax upon those properties within Annexation No. 142 of CFD No. 11 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 o f apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 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 shal l be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special 2 of 7
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. 11.
NOW, THEREFORE, BE IT RESOLVED by the Council as follows:
1. The levy of a special tax proposed in Council Resolution No. 2023-101 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 setting 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 Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under C ity Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11.
5. The Council further finds that the landowners of record owning property within the territor y proposed to be annexed to CFD No. 11 are those set forth in the 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 3 of 7
Consent From Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 142, City of Fresno, County of Fresno, State of California. This Council find s 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 May 25, 2023 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 landowners 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, May 25, 2023 , at 10:05 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.
Attachments:
Exhibit A - Special Election Ballot
Exhibit B - Waiver and Consent From Property Owner
4 of 7
* * * * * * * * * * * * * *
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 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
BY:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY:
Heather Thomas Date
Deputy City Attorney
5 of 7
EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 11
Annexation No. 142
This ballot is for the use of GVM Investments, LLC, the landowner owning a portion of land within the boundaries of Final Tract Map No. 6350, Community Facilities District No. 11, Annexation No. 142, 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 twelve (12) votes on this ballot.
In order to be counted, the ballot must be returned prior to the hearing on Thursday, May 25, 2023, at 10:05 a.m., to TODD STERMER, 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
Shall the City of Fresno be authorized to
levy a special tax, and finance the
authorized services, and costs and
expenses by and through its Community
Facilities Di strict No. 11, Annexation No.
142, all as specified in its Council
Resolutions No. 2023-101 and
No. ; and shall the appropriations
limit for Community Facilities District No. 11
Annexation No. 142 be established in
accordance therewith?
Number of Votes
YES
Number of Votes
NO
6 of 7
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 ______________________, 2023.
Company Name:
By: _______________________________
Print Name: _______________________________
Print Title: _______________________________
(Attach Notary Acknowledgment)
7 of 7
EXHIBIT B
WAIVER AND CONSENT FROM PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 11, Annexation No. 142
The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6350 in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 142, 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 distributi on 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 identifi cation 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 __________________, 2023
Company Name ______________________________
By: _______________________________
Print Name _______________________________
Print Title _______________________________
(Attach Notary Acknowledgment)