HomeMy WebLinkAboutRES NO 123-13RESOLUTION NO 1 2 3 -- 13
A RESOLUTION OF THE CITY OF BAKERSFIELD
DETERMINING THE RESULT OF SPECIAL MAILED - BALLOT
ELECTION WITHIN CITY OF BAKERSFIELD POLICE AND FIRE
SERVICES COMMUNITY FACILITIES DISTRICT NO. 2013 -1
(WEST MING SPECIFIC PLAN)
WHEREAS, the City Council of the City of Bakersfield (the "City ") has
conducted proceedings under and pursuant to the terms and provisions of the
"Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division
2, Title 5 (beginning with Section 53311) of the Government Code of the State of
California (the "Act "), to form its City of Bakersfield Police and Fire Services
Community Facilities District No. 2013 -1 (West Ming Specific Plan) (the
"Community Facilities District "), to authorize a special tax to finance certain
public services, and to establish the appropriations limit for the Community
Facilities District, all as set forth in the Board's Resolution No. 121 -13
(Resolution of Formation) adopted on September 11, 2013 (the "Resolution of
Formation "); and
WHEREAS, in order to confer upon the City Council the authority
contained in the Resolution of Formation, a two - thirds approving vote by the
qualified electors within the Community Facilities District is required; and
WHEREAS, a special, mailed - ballot election has been conducted pursuant
to the City Council's Resolution No. 1I ? ? -13 , adopted September 11, 2013, to
which reference is made for further particulars; and
WHEREAS, a Certificate of City Clerk re: Election Results (the "Certificate of
Election Results "), dated September 11, 2013, executed by the City Clerk has
been filed with the City Council; and
WHEREAS, the City Council has received, reviewed and hereby accepts
the City Clerk's Certificate of Election Results and wishes by this resolution to
declare the results of the special mailed - ballot election; and
WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The City Council finds and determines that the foregoing
recitals are true and correct.
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Section 2. The City Council hereby finds and determines and declares
that the ballot measure submitted to the qualified electors of the Community
Facilities District has been passed and approved by those qualified electors in
accordance with Sections 53328(a) and 53355 of the Government Code.
Section 3. The City Council hereby authorizes and directs the City Clerk
to cause a Notice of Special Tax Lien to be prepared and to be recorded with
the County Recorder of the County of Kern in accordance with the provisions of
Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the
Government Code. The Notice shall be recorded in the County Recorder's
office within fifteen days of today's date.
Section 4. This resolution shall take effect from and after its passage and
adoption.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 11 2011 by the following vote:
YE THCOUNCIL MEMBER RIVE A, MAXWELL, WEIR, SMITH, HA SON, SULLIVAN, JOHNSON SON
( OE' S:
COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
ABSENT: COUNCIL MEMBERa��
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of
SEP 11 2013 the Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA/0f NNARO
City Att rn
By
ANDREW HEGLUN
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Deputy City Attorney
AH /vl
S: \COUNCIL \Resos\ 13- 14\ WestMingCFD- DeclElection Results. Reso09- 11- 13.docx
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CLERK'S CERTIFICATE
I, Roberta Gafford, Clerk of the City of Bakersfield, do hereby certify
as follows:
The foregoing resolution is a full, true and correct copy of a
resolution duly adopted at a regular meeting of the City Council of said
Authority duly and regularly held at Council Chambers City Hall, 1600 Truxtun
Avenue, Bakersfield, California 93301 on the 1 1 th day of September, 2013, of
which meeting all of the members of said City Council had due notice and at
which a majority thereof were present, and that at said meeting said resolution
was adopted by the following vote:
AYES: RIVERA, MAXWELL, WEIR,SMITH, HANSON, SULLIVAN,JOHNSON
NOES: NONE
ABSENT: NONE
An agenda for said meeting was posted at least seventy -two (72)
hours before said meeting at the Council Chambers City Hall, 1600 Truxtun
Avenue, Bakersfield, California 93301, a location freely accessible to members of
the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes
of said meeting on file and of record in my office, and the foregoing is a full, true
and correct copy of the original resolution adopted at said meeting and
entered in said minutes.
Said resolution has not been amended, modified or rescinded since
the date of its adoption and the same is now in full force and effect.
Dated: D� j% , 2013.
Roberta Gafford, CI
City of Bakersfield, California
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