Loading...
HomeMy WebLinkAbout97-75 - Calling a Special Election in Community Facilities District No. 97-1 (Sunflower Ave Utility Undergrounding)RESOLUTION NO. - 75' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDER - GROUNDING). THE CITY COUNCIL (the "Council") OF THE CITY OF COSTA MESA (the "City") DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, on July 7, 1997, this Council adopted Resolution No. 97-61 (the "Resolution of Intention") entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY SPECIAL TAXES THEREIN FOR THE CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING)", (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code (the "Act"); and WHEREAS, this Council also adopted a resolution (the "Resolution to Incur Indebtedness") entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $2,800,000.00 upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution to Incur Indebtedness, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. Issues Submitted. Pursuant to Sections 53326, 53351, and 53325.7 of the Act, the issues of the levy of the special tax, incurring of bonded indebtedness, and establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. 2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearings. 3. Conduct of Election. This Council hereby calls a special election to consider the measures described in Section 2 above, which election shall be held on August 18, 1997, and the results thereof canvassed at the meeting of this Council on August 18, 1997. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail -delivered ballot pursuant to Section 4000 of the California Elections Code. This Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of Section 4000 are applicable to this special election. 4. Ballot. As authorized by Section 53353.5 of the Act, the three propositions described in Section 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein, and the form of ballot is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing Council. 5. Waivers. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the Clerk a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis, and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. 6. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this 18th day of August, 1997. ATTEST: i. Deputy City Oork of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) w � Lr-:�� the City of Costa Mesa M C' %1 L,r Pe. Tr %— i�PP OVED AS TO FORM CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. q7 -7S was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 18th day of August, 1997, by the following roll call vote: AYES: In cA; A /NFtA� i C KS��J� (20 WA') '56lee R5 NOES: 1JoJJ& ABSENT: u FFA IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of August, 1997. Deputy City CI k and ex -officio Clerk of the City CounclVof the City of Costa Mesa EXHIBIT A CITY OF COSTA MESA Community Facilities District No. 97-1 (Sunflower Avenue Utility Undergrounding) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Costa Mesa no later than the hour of 6:30 p.m. on August 18, 1997, either by mail or in person. The City Clerk's office is located at City Hall, 77 Fair Drive, Costa Mesa, California, 92628. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Costa Mesa and obtain another. BALLOT MEASURE: Shall the City of Costa Mesa incur an indebtedness and issue bonds in the maximum aggregate principal amount of not to exceed $2,800,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 97-1 (Sunflower Avenue Utility Undergrounding) (the "CFD"), the proceeds of which bonds will be used to acquire and/or construct certain facilities and pay for the costs of issuing the bonds and related expenses; shall a special tax payable solely from lands within the CFD be levied annually, commencing in the City's fiscal year 1998-99, upon lands within the CFD to pay for the principal and interest upon such bonds and pay the costs of the City in administering the CFD, and shall the annual appropriations limit of the CFD be established in the amount of $2,800,000? YES: NO: By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure. Number of Votes: Property Owner. By: