HomeMy WebLinkAboutResolutions - No. 2023-293RESOLUTION NO. 2023-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
DECLARING THE RESULTS OF THE SPECIAL ELECTION
HELD ON WEDNESDAY, DECEMBER 20, 2023, AND ORDERING THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC
SERVICES) (ANNEXATION NO. 14)
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 December 20, 2023, adopted Resolution No. 2023-292,
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");
WHEREAS, pursuant to the terms of the resolution, the special election was held on
December 20, 2023, 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:
"Shall the City of Lodi Community Facilities District No. 2007-1 (Public
Services) be authorized to levy a special tax for the purpose of financing
those public services provided in the table below in perpetuity and at
the rate and apportioned all as further described in Exhibits A and B (a
copy of the tax formula described in said Exhibit B is attached hereto
and incorporated herein by reference) to Resolution No. 2023-246
adopted by the City Council of the City of Lodi on November 1, 2023,
which resolution is incorporated herein by reference, within the territory
identified on a map entitled "Annexation Map No. 14 Community
Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin
County, State of California?"
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Total Votes
YES: NO:
2 0
List of Authorized Services:
a) Police protection services, including, but not limited to, criminal
justice services. However, criminal justice services shall be
limited to providing services for jails, detention facilities, and
juvenile halls.
(b) Fire protection and suppression services, and ambulance and
paramedic services.
(c) Maintenance of parks, parkways, and open space.
(d) Flood and storm protection services, including, but not limited to,
the operation and maintenance of storm drainage systems, and
sandstorm protection systems.
(e) Services with respect to removal or remedial action for the
cleanup of any hazardous substance released or threatened to
be released into the environment.
(f) Incidental services associated with the creation of the District,
determination of the amount of special taxes, collection or
payment of special taxes, or costs otherwise incurred in order to
carry out the authorized purposes of the District.
Section 3. Votes Cast. The total number of votes cast in the territory proposed to be
annexed to the CFD at the election was 2.
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.
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PASSED AND ADOPTED by the City Council of the City of Lodi this 20th day of December,
2023.
ATTEST:
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OLIVIA NASHED
City Clerk
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LISA CRA G
Mayor
APPROVED AS TO FORM:
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KATIE O. LUCCH SI
City Attorney
STATEMENT OF ELECTION RESULTS
I, Olivia Nashed, City Clerk of the City of Lodi (the "City"), hereby certify that:
1. On December 20, 2023, at 221 West Pine Street, Lodi, California, I canvassed the
returns of the election called for December 20, 2023, 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 of financing those public
services provided in the table below in perpetuity and at the rate and apportioned
all as further described in Exhibits A and B (a copy of the tax formula described
in said Exhibit B is attached hereto and incorporated herein by reference) to
Resolution No. 2023-246 adopted by the City Council of the City of Lodi on
November 1, 2023, which resolution is incorporated herein by reference, within
the territory identified on a map entitled "Annexation Map No. 14 Community
Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County,
State of California?"
List of Authorized Services:
(a) Police protection services, including, but not limited to, criminal
justice services. However, criminal justice services shall be
limited to providing services for jails, detention facilities, and
juvenile halls.
(b) Fire protection and suppression services, and ambulance and
paramedic services.
(c) Maintenance of parks, parkways, and open space.
(d) Flood and storm protection services, including, but not limited
to, the operation and maintenance of storm drainage systems,
and sandstorm protection systems.
(e) Services with respect to removal or remedial action for the
cleanup of any hazardous substance released or threatened
to be released into the environment.
(f) Incidental services associated with the creation of the District,
determination of the amount of special taxes, collection or
payment of special taxes, or costs otherwise incurred in order
to carry out the authorized purposes of the District.
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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
2 2 2 0
Dated: December 20, 2023
OLIVIA NASHED
City Clerk
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