HomeMy WebLinkAboutResolutions - No. 2015-172RESOLUTION NO. 2015-172
A RESOLUTION OF THE LODI CITY COUNCIL
DECLARING THE RESULTS OF THE SPECIAL ELECTION
HELD ON WEDNESDAY, SEPTEMBER 16, 2015, AND ORDERING THE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
(ANNEXATION NO. 3)
WHEREAS, in proceedings heretofore conducted by the City Council (the "City Council") of
the City of Lodi (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), the City Council on September 16, 2015, adopted Resolution No. 2015-171,
which resolution called a special election within the territory proposed to be annexed to the City's
Community Facilities District No. 2007-1 (Public Services) (the "CFD"); and
WHEREAS, pursuant to the terms of the resolution, the special election was held on
September 16, 2015, and the City Clerk has duly canvassed the returns of the election and has filed
with the City Council a statement of all votes cast at the election showing the whole number of votes
cast within such territory and the whole number of votes cast for and against the measure in such
territory and also filed, attached to the statement, her certificate as to the correctness of the
statement (the "Statement of Election Results"), a copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that:
Section 1. Approval of Canvass. The canvass by the City Clerk, as shown by the
Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the
minutes of this meeting.
Section 2. Statement of the Measure. At the election, the following measure was
submitted to the qualified electors of the territory proposed to be annexed to the CFD and the
number of votes cast for and against the measure was as follows:
BALLOT MEASURE
Total Votes: 1
"Shall the City of Lodi Community Facilities District No. 2007-1 (Public YES: NO:
Services) be authorized to levy a special tax for the purpose and at
the rate and apportioned as described in Exhibits A and B to 1 0
Resolution No. 2015-132 adopted by the City Council of the City of
Lodi on August 5, 2015, which resolution is incorporated herein by
reference, within the territory identified on a map entitled "Annexation
Map No. 3 Community Facilities District No. 2007-1 (Public Services),
City of Lodi, San Joaquin County, State of California?"
Section 3. Votes Cast. The total number of votes cast in the territory proposed to be
annexed to the CFD at the election was 1.
Section 4. Measure Passed. More than two-thirds of all the votes cast at the election
on the measure were in favor of the measure and the measure passed.
Section 5. Validity of Procedures. The City Council hereby finds and determines that
all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid
and in conformity with the Act.
Section 6. Order of Annexation. The City Council hereby determines and orders that
the territory proposed to be annexed to the CFD is added to and part of the CFD with full legal
effect.
Section 7. Amendment to Notice of Special Tax Lien. The City Clerk is hereby
directed to record an amendment to the Notice of Special Tax Lien with the San Joaquin County
Recorder, in accordance with the provisions of Sections 3114.5 and 3117.5 of the California Streets
and Highways Code within fifteen (15) days of the adoption of this resolution.
Dated: September 16, 2015
I hereby certify that Resolution No. 2015-172 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held September 16, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Kuehne, Nakanishi, and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler and Mounce
ABSTAIN: COUNCIL MEMBERS — None
ATTEST:
APPROVED AS TO FORM:
v
J NIFER 04. FERRAIOLO, City Clerk it MAGDICH, City Attorney
2015-172
2
EXHIBIT A
STATEMENT OF ELECTION RESULTS
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that:
1. On September 16, 2015, at 221 West Pine Street, Lodi, California, I canvassed the
returns of the election called for September 16, 2015, in the territory proposed to be annexed to
Community Facilities District No. 2007-1 (Public Services) on the following measure:
"Shall the City of Lodi Community Facilities District No. 2007-1
(Public Services) be authorized to levy a special tax for the purpose
and at the rate and apportioned as described in Exhibits A and B to
Resolution No. 2015-132 adopted by the City Council of the City of
Lodi on August 5, 2015, which resolution is incorporated herein by
reference, within the territory identified on a map entitled "Annexation
Map No. 3 Community Facilities District No. 2007-1 (Public
Services), City of Lodi, San Joaquin County, State of California?"
2. The total number of qualified landowner votes eligible to be cast, the total number of
votes actually cast at the election, and the total number of votes cast for and against the measure
are set forth below. The totals as shown for and against the measure are full, true, and correct.
More than two-thirds of all the votes cast at the election on the, measure were in favor of the
measure and the measure passed.
Qualified
Landowner
Votes
Votes Cast YES NO
1
1 1 0
Dated: September 16, 2015
fifer M. Orraiolo, City Clerk
A-1