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HomeMy WebLinkAboutResolution 2001-151 N.C.S. 08/09/2001 Resolution N®.2001-151 N.C.s. 1 2 of the City of Petaluma, California 3 4 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING 5 RECORDING OF NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES 6 DISTRICT N0.2001-1 (ADOBE CRFEK WEIR AND DIVERSION CHANNEL) 7 8 9 RESOLVED, by the City Council (the. "Council") of the City of Petaluma (the "City"), 10 County of Sonoma, State of California, that: 11 12 WHEREAS, this Council has adopted a resolution entitled "A Resolution of Formation 13 of Community Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel)" (the 14 "Resolution of Formation"), ordering the formation of City's Community Facilities District No. 15 2001-1 (Adobe Creek Weir and Diversion Channel) (the "CFD"), authorizing the levy of a 16 special tax on property within the CFD.. and preliminarily establishing an appropriations limit for 17 the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 18 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code 19 (the "Act"). 20 21 WHEREAS, under to the provisions of the Resolution of Formation and pursuant to a 22 Resolution Calling Special Election (the "Election Resolution") heretofore adopted by this 23 Council the propositions of the levy of the special tax and the establishment of the appropriations 24 limit were submitted to the qualified electors of the CFD as required by the provisions of the Act. 25 26 WHEREAS, pursuant to terms of the Election Resolution, which terms are by this 27 reference incorporated herein, the special election has been held and the City Clerk has on file a 28 Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached hereto 29 as Exhibit A; and 30 31 WHEREAS, this Council has reviewed the Canvass, finds it appropriate and wishes to 32 complete its proceedings for the CFD. 33 34 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Resolution No.2 n n 1 -1 51 x. e. s. Page 1 0 f 2 1 2 1. Recitals. The foregoing recitals are all true and correct. 3 4 2. Issues Presented. The issues presented at the special election were the levy of a 5 special tax within the CFD and the approval of an annual appropriations limit of not to exceed 6 $100,000 all pursuant to the Resolution of Formation. 7 S 3. Canvass and Issues Approved. The Council hereby approves the Canvass and 9 finds that. it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to 10 the Canvass, the issues presented at the special election were approved by the qualified electors 11 of the CFD by more than two-thirds (2/3) of the votes cast at the special election. 12 13 4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby 14 declared to be fully formed with the authority to levy the special taxes and to have the established 15 appropriations limit, all as .heretofore provided in these proceedings and in the Act It is hereby 16 found that all prior proceedings and actions taken by this Council with respect to the CFD were 17 valid and in conformity with the Act. 18 19 5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and 20 cause to be recorded, in the office of the County Recorder of the County of Sonoma, a notice of 21 special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) 22 days following adoption by the Council of this resolution. 23 24 6. Effective Date. This Resolution shall take effect upon its adoption. 25 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: [hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a $~(~~j2l~t[elA) (Special) meeting on the day of Ug.U.S.A........................., 20.Q.~., by the following vote: City ttorney AYES: O'Brien, Healy, Maguire, Mayor Thompson NOES: None ABSENT: Torli tt, Moynihan, Vice Mayor Cader-Thompso ATTEST: ....r~................................ City Clerk ~ Mayor Council F' a ~.Q.~.~...-~1.:S:~cs: Page 2 o f 2 Res. Nn... 1 EXHIBIT A 2 3 CANVASS AND STATEMENT OF RESULT OF ELECTION 4 5 CITY OF PETALUMA 6 Community Facilities District No. 2001-1 7 (Adobe Creek Weir and Diversion Channel) 8 9 I hereby certify that on August 9, 2001;1 canvassed the returns of the election held on 10 August 9, 2001, in the Community Facilities District No. 2001-1 (Adobe Creek Weir and 11 Diversion Channel) of the City of Petaluma and the total number of ballots cast in said District 12 and the total number of votes cast for and against the measure are as follows and the totals as 13 shown for and against the measure are full, true and correct: 14 15 16 Qualified 17 Landowner Votes 18 Votes Cast YES NO 19 20 Community Facilities District 21 No. 2001-1 (Adobe Creek Weir and 22 Diversion Channel) 23 of the City of Petaluma, 24 Special Tax Election, August 9, 2001. 25 26 27 BALLOT MEASURE: Shall the City of Petaluma on behalf of 28 Community Facilities District No. 2001-1 (Adobe Creek Weir and 29 Diversion Channel) (the "CFD"), levy a special tax solely upon 30 lands within the CFD, annually, commencing in the City's fiscal 31 year 2001-2002 to pay for the services required to maintain the 32 Adobe Creek weir and diversion channel and pay the costs of the 33 City in administering the CFD, and shall the annual appropriations 34 limit of the CFD be established in the amount of $100,000? 35 36 YES: 37 NO: 38 39 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this day of 40 , 2001. 41 42 By: 43 City Clerk 44 City of Petaluma EXHIBIT A Reso.2001-151 N.C.S.