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RES-2010-149RESOLUTION NO. 2010 - 149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE RESULTS OF THE SPECIAL MAIL BALLOT ELECTION FOR THE BROADWAY/THISTLE ISLAND ANNEXATION, HELD AUGUST 31, 2010 WHEREAS, on July 27, 2010, the City Council of the City of Anaheim adopted Resolution No. 2010 -124, calling for a special mail ballot election for the Broadway /Thistle Island annexation, pursuant to Government Code Section 57000(e); and WHEREAS, pursuant to the terms of the Resolution Calling Election, the special mail ballot election was held on August 31, 2010; and WHEREAS, the City Clerk of the City of Anaheim has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Special Mail Ballot Election (the "Canvass "), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anaheim as follows: Section 1. The City Council has received, reviewed and hereby accepts the Canvass and Statement of Results of Special Mail Ballot Election. Section 2. The City Council hereby finds and declares that the ballot measure submitted to the qualified electors of the Broadway /Thistle neighborhood pursuant to the Resolution Calling Election required the affirmative vote of a majority of the votes cast on said Measure, and that the Measure failed to receive the necessary affirmative votes by the qualified electors. Section 3. The City Clerk shall enter on the records of the City Council of the City of Anaheim, a statement of the results of the election, showing (1) the whole number of ballots cast; (2) the measure voted upon, and (3) the number of votes for and against the Measure. Section 4. The City Clerk shall immediately make and deliver a copy of this Resolution and Statement of Results to the Executive Officer of the Local Agency Formation Commission. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14 ''_ day of September , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring NOES: NONE ABSENT: Council Member Sidhu ABSTAIN: NONE MAYOR OF THE CIT OF 7RAHEIM ATTEST: / " ) CITY CLERK OF THE CITk OF ANAHEIM 2 EXHIBIT A CERTIFICATE OF ANAHEIM CITY CLERK CANVASS AND STATEMENT OF RESULTS OF SPECIAL MAIL BALLOT ELECTION CITY OF ANAHEIM BROADWAY / THISTLE ISLAND ANNEXATION I, Linda N. Andal, City Clerk of the City of Anaheim, hereby certify that on September 2, 2010, 1 canvassed the returns of the special mail ballot election held on August 31, 2010 for the Broadway /Thistle Island Annexation, that the total number of ballots cast in said neighborhood and the total number of votes cast for and against the measure are as follows, and that the totals as shown for and against the measure are true and correct: YES NO Broadway /Thistle Island Annexation, Special 35 84 Mail Ballot Election, August 31, 2010 Qualified Registered Voters: 229 Total Valid Ballots Cast: 125 Total Ballots Counted 119 Invalid 6 MEASURE: ANNEXATION OF BROADWAY /THISTLE ISLAND: Shall the order adopted on May 12, 2010, by the Orange County Local Agency Formation Commission ordering the annexation to the City of Anaheim of the territory described in that order and designated as the "Broadway /Thistle Island Annexation to the City of Anaheim (RO 10 -01)" be confirmed subject to the terms and conditions specified in the order? IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day of September, 2010. /s/ Seal Linda N. Andal, CMC City Clerk of the City of Anaheim CERTIFICATE OF ANAHEIM CITY CLERK CANVASS AND STATEMENT OF RESULTS OF SPECIAL MAIL BALLOT ELECTION CITY OF ANAHEIM BROADWAY / THISTLE ISLAND ANNEXATION I, Linda N. Andal, City Clerk of the City of Anaheim, hereby certify that on September 2, 2010, I canvassed the returns of the special mail ballot election held on August 31, 2010 for the Broadway /Thistle Island Annexation, that the total number of ballots cast in said neighborhood and the total number of votes cast for and against the measure are as follows, and that the totals as shown for and against the measure are true and correct: YES NO Broadway /Thistle Island Annexation, Special 35 84 Mail Ballot Election, August 31, 2010 Qualified Registered Voters: 229 Total Valid Ballots Cast: 125 Total Ballots Counted 119 Invalid 6 MEASURE: ANNEXATION OF BROADWAY /THISTLE ISLAND: Shall the order adopted on May 12, 2010, by the Orange County Local Agency Formation Commission ordering the annexation to the City of Anaheim of the territory described in that order and designated as the "Broadway /Thistle Island Annexation to the City of Anaheim (RO 10 -01)" be confirmed subject to the terms and conditions specified in the order? IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day of September, 2010. Seal L A"zD - Linda N. Andal, CMC City Clerk of the City of Anaheim