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HomeMy WebLinkAboutCC Resolution 13018 (Special Election 2010 Results)RESOLUTION NO. 13018 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN (City of San Rafael Community Facilities District No. 2) WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"), this Council on July 19, 2010 adopted Resolution No. 13015 entitled "Resolution of the San Rafael City Council Calling a Special Election for the levy of a Special Tax and the Establishment of an Appropriations Limit for City of San Rafael Community Facilities District No. 2", calling for a special election of the qualified electors within the City of San Rafael Community Facilities District No. 2 ("CFD No. 2)("the Special Election"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the qualified electors for purposes of the Special Election are the owners of land within CFD No. 2 subject to the levy of the special taxes, and the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in CFD No. 2 as of July 19, 2010; and WHEREAS, the City Clerk has determined that there is only one landowner within CFD No. 2, who is therefore the only qualified elector in the Special Election, and who owns 57.34 acres within CFD No. 2 and is therefore authorized to vote 58 votes; and WHEREAS, pursuant to the terms of said resolution, the Special Election was ordered to be held on August 2, 2010, and conducted by mail, and the City Clerk was directed to accept ballots of the qualified electors in the office of the San Rafael City Clerk until 5:00 p.m., August 2, 2010: and WHEREAS, the completed ballot of the qualified elector was received by the City Clerk on July 28. 2010, and pursuant to Government Code section 53326, the City Clerk was authorized to and did close the election at that time: and WHEREAS, the qualified elector has waived all statutory time limits applicable to the Special Election and the Cit} Clerk has concurred in the shortened time for the election; and WHEREAS. the City Clerk has prepared a Cana ass and Statement of Results of flection. which is on file in the Office of the City Clerk. and a copy thereof is attached hereto as Exhibit A: and WHEREAS. the Cit} Council has revic�Ned said Canvass and hereby approves it. NOW, THEREFORE, BE IT RESOLVED bN the City Council of the C itN of San Rafael as follows: I . The issues presented at the Special Election were the levy of a special tax within CFD No. 2 to be levied in accordance with the formula heretofore approved by the City Council by Resolution No. 13014 on July 19, 2010, entitled "Resolution of the San Rafael City Council for Formation of the City of San Rafael Community Facilities District No. 2, Authorizing the Levy of a Special 'Fax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District," and the approval of an annual appropriations limit of not to exceed $5,000,000 pursuant to said resolution. 2. Pursuant to the Canvass on file with the City Clerk, a copy of which is attached hereto as Exhibit A, the measure presented at the Special Election was unanimously approved. 3. Pursuant to said voter approval. CFD No. 2 is hereby declared to be fully formed with the authority to levy special taxes as heretofore provided in these proceedings and in the Act, and CFD No. 2 shall have an initial annual appropriations limit of $5,000,000. 4. It is hereby found that all prior proceedings and actions taken by this Council with respect to CFD No. 2 were valid and in conformity with the Act. 5. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Marin a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the Council of this resolution. 1, ESTHER C. BEIRNE, City Clerk of the City of San Rafael., hereby certify that the foregoing Resolution No. 13018 was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 2nd day of August.. 2010, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Brockbank, Connolly, Heller, Levine & Mayor Boro None None 2 ESTHER C. BFIRNE. City Clerk CANVASS AND STATEMENT OF RESULT OF ELECTION City of San Rafael Community Facilities District No. 2 I hereby certify that on July 28, 2010, 1 canvassed the returns of the election by mail ordered to be held on August 2, 2010, in the City of San Rafael Community Facilities District No. 2, which election was closed on July 28, 2010 pursuant to Government Code section 53326, and the total number of ballots cast in said District and the total number 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 YES NO Community Facilities District No. 2 Special Tax Election, August 2, 2010 (Closed July 28, 20 10) 58 58 58 0 BALLOT MEASURE: Shall a special tax payable solely from lands within Community Facilities District No. 2 ("CFD No. 2") be levied annually upon lands within CFD No. 2 to pay for services to be provided by CFD No. 2, in accordance with Resolution No. 13014 of the San Rafael City Council, and shall the annual appropriations limit of CFD No. 2 be established in the amount of $5,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this agia day of 12010. ESTHER C. BEIRNE, City Clerk EXHIBIT "A"