HomeMy WebLinkAboutResolution 2001-150 N.C.S. 08/09/20011
2 1Zesolution No. 2001-150N.C.S.
3 of the City of Petaluma, California
4
5 RESOLUTION CALLING SPECIAL ELECTION FOR
6 COMMUNITY FACILITIES DISTRICT N0.2001-1
7 (ADOBE CREEK WEIR AND DIVERSION CHANNEL)
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"), defining the public facilities
16 (the "Facilities") to be provided by the CFD, authorizing the levy of a special tax on property
17 within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant
18 to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title
19 5, commencing with Section 53311, of the California Government Code (the "Act").
20
21 WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions
22 of the levy of the special tax and the establishment of the appropriations limit shall be submitted
23 to the qualified electors of the CFD as required by the provisions of the Act.
24
25 NOW THEREFORE, IT IS HEREBY ORDERED as follows:
26
27 1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the Act;
28 the issues of the levy of the special tax and the establishment of the appropriations limit shall be
29 submitted. to the qualified electors (as defined below) of the CFD at an election called therefor as
30 provided below.
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32 2. Qualified Electors. This Council hereby finds that fewer than 12 persons have
33 been registered to vote within the territory of the CFD for each of the ninety (90) days preceding
34 the close of the public hearings heretofore conducted and concluded by this Council for the
35 purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this
R~atuuon xo. 2 0 01-15 0 rr.cs. Page 1 o f 3
1 Council finds that, for these proceedings, the qualified electors are the landowners within the
2 CFD and that the vote shall be by such landowners or their authorized representatives, each
3 having one vote for each acre or portion thereof such landowner owns in the CFD as of the close
4 of the public hearings.
5
6 3. Conduct of Election. This Council hereby calls a special election to consider the
7 measures described in section 2 above, which election shall be held on August 9, 2001 and the
8 results thereof canvassed at the meeting of this Council on August 9, 2001. The City Clerk is
9 hereby designated as the official to conduct the election .and to receive all ballots until the close
10 of business on the election date. It is hereby acknowledged that the Clerk has on file the
11 Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient
12 description to allow the Clerk to determine the electors of the CFD. Pursuant to Section 53327 of
13 the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to
14 Section 4000 of the California Elections Code. This Council hereby finds that paragraphs (a),
15 (b), (c) (1) and (c)(3) of Section 4000 are applicable to this special election.
16
17 4. Ballot. As authorized by Section 53353.5 of the Act, the two propositions
18 described in section 1 above shall be combined into a single ballot measure, the form of which is
19 attached hereto as Exhibit "A" and by this reference incorporated herein and the form of ballot is
20 hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in
21 substantially the form of Exhibit "A," to be delivered to each of the qualified electors of the
22 CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to
23 which the ballot pertains. Each ballot shall be accompanied by all supplies and written
24 instructions necessary for the use and return of the ballot. The envelope to be used to return the
25 ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the
26 following: (a) the .name and address of the landowner, (b) a declaration, under penalty of perjury,
27 stating that the voter is the owner of record or authorized representative of the landowner entitled
28 to vote and is the person whose name appears on the envelope, (c) the printed name, signature
29 and address of the voter, (d) the date of signing and place of execution of the declaration
30 pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is
31 to be opened only by the canvassing Council
32
2001-150 NCS Page 2 of 3
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1 5. Waivers. This Council hereby further finds that the provisions of Section 53326
2 of the .Act requiring a minimum of 90 days following the adoption of the Resolution of
3 Formation to elapse before the special election are for the protection of the qualified electors of
4 the CFD. There is on file with the Clerk a written waiver executed by all of the qualified electors
5 of the CFD allowing for a shortening of the time for the special election to expedite the process
6 of formation of the CFD and waiving any requirement for notice, analysis and arguments in
7 connection with the election. Accordingly, this Council finds and determines that the qualified
8 electors have been fully apprised of and have agreed to the shortened time for the election and
9 waiver of analysis and arguments, and have thereby been fully protected. in these proceedings.
10 This Council also finds and determines that the City Clerk has concurred in the shortened time
11 for the election. Analysis and arguments with respect to the ballot measures are hereby waived,
12 as provided in Section 53327 of the Act
13
14 6. Accountability. Under Sections 50075.1 and 53410 of the Government Code, the
15 following accountability provisions shall apply to the special taxes and/or any bonds: (a) the
16 construction and/or acquisition of the Facilities and the incidental costs thereof including any
17 bonds, all as defined in the Resolution of Formation, shall constitute the specific single purpose;
18 (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there
19 shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d)
20 there shall be caused to be prepared an annual report as required by Sections 50075.3 or 5341.1 of
21 the Government Code.
22
23 7. Effective Date. This Resolution shall take effect upon its adoption.
24
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (R~g~t~r}~~,R~oYiitr~d~ (Special) meeting m
on the }::.:.~>:.)=1........ day of ~.Ugl1.S.~ ............................... 20..0. by the '
following vote: •••••••••••°••• • •••• -•••••••••
City Attorney
AvES: O'Brien, Healy Maguire, Mayor Thompson
NOES: None
AssENT: Torli t, Moyniha , Cader-Thompson
ATTEST: .............. .................................................
City Clerk
Council File..3 ............................
Res. No. 2.D.Q..~...-..~. rj J.C.S.
Mayor
Page 3 of 3
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2
EXHIBIT A
3 CITY OF PETALUIVIA
4 Community Facilities District No. 2001-1
5 (Adobe Creek Weir and Diversion Channel)
6 OFFICIAL BALLOT
7 SPECIAL TAX ELECTION
8
9
10 This ballot is for a special, landowner election for the City of Petaluma, Community
11 Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) You must return this
12 ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of no later
13 than the hour of 5:00 p.m. on August 9, 2001, either by mail or in person. The City Clerk's
14 office is located at 11 English Street, Petaluma, California 94953.
15
16 To vote, mark a cross (X) on the voting line after the word "YES" or after the word
17 "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and
18 make the ballot void.
19
20 If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain
21 another.
22
23 BALLOT 1VIEASURE: Shall the City of Petaluma on behalf of
24 Community Facilities District No. 2001-1 (Adobe Creek Weir and
25 Diversion Channel) (the "CFD"), levy a special tax solely upon
26 lands within the CFD, annually, commencing in the City's fiscal
27 year 2001-2002 to pay for the services required to maintain the
28 Adobe Creek weir and diversion channel and pay the costs of the
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Reso.2001-150 N.C.S.
1 City in administering the CFD, and shall the annual appropriations
2 limit of the CFD be established in the amount of $100,000?
3
4 YES:
5 N®:
6
7 By execution in the space provided below, the owner of the property also completely
8 waives the time limit pertaining to the conduct of the election and any requirement for notice of
9 election and analysis and arguments with respect to the ballot measure and the property owner
10 acknowledges that he or she wishes this election to be held as quickly as possible.
11
12 Number of Votes: _
13
14 Property Owner: Mardell, LLC
15 2552 Stanwell Drive
16 Suite 203
17 Concord, CA 94520
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Reso.2001-150 N.C.S.