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HomeMy WebLinkAboutResolutions - No. 2016-156RESOLUTION NO. 2016-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON WEDNESDAY, AUGUST 17, 2016, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) 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 August 17, 2016, adopted Resolution No. 2016-155, 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 August 17, 2016, 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 "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 10 0 Resolution No. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 4 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 10. 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. Val(dity 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 ofAnnexation. 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 Liven 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: August 17, 2016 I hereby certify that Resolution No. 2016-156 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None �t NIFER . FERRAIOLO Clerk 2016-156 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 August 17, 2016, at 221 West Pine Street, Lodi, California, I canvassed the returns of the election called for August 17, 2016, 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. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No.4 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 an the measure were in favor of the measure and the measure passed. Qualified Landowner Votes 10 Dated: August 17, 2016 Votes Cast YES NO 10 10 0 J lfer M. F iolo Clerk A-1