HomeMy WebLinkAboutResolution 2006-195 N.C.S. 11/20/2006 Resolution No. 2006-195 N.C.S.
of the City of Petaluma, California
RESOLUTION DECLARING RESULTS OF .SPECIAL ELECTION
CITY OF PETALUMA
Special Tax District No. 2006-01
(Theatre District Area)
RESOLVED, by the City Council (the "Council") of the City of Petaluma (the "City"),
County of Sonoma, State of California, that:
WHEREAS, this Council has adopted a resolution entitled "Resolution of Formation of
Special Tax District" (the "Resolution of Formation"), ordering the fonlzation of the "City of
Petaluma Special Tax District No. 2006-01 (Theatre District Area)" (the "TD"), authorizing the
levy of a special tax on property within the TD and preliminarily establishing an appropriations
limit for the TD, all pursuant to the City of Petaluma Special Tax Procedure Code located at
Chapter 4.40 of Title 4 of the Petaluma Municipal Code (the "Code");
WHEREAS, the Code incorporates the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California
Government Code (the "Act");
WHEREAS, this Council has also adopted a resolution entitled "Resolution Determining
Necessity to Incur Bonded Indebtedness" (the "Resolution of Necessity"), determining the
necessity to incur bonded indebtedness in the maximum aggregate principal amount of
$2,100,000 upon the security of the special tax to be levied within the TD pursuant to the Code;
WHEREAS, under the provisions of the Resolution of Formation and the Resolution of
Necessity and pursuant to a Resolution Calling Special Election (the "Election Resolution")
heretofore adopted by this Council,. the propositions of the levy of the special tax, the
establishment of the appropriations limit and the incurring of the bonded indebtedness were
submitted to the qualified electors of the TD as required by the provisions of the Code;
WHEREAS, pursuant to the terms of the Election Resolution, which are by this
reference incorporated herein, the special election has been held and the City Clerk has on file a
Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached hereto
as Exhibit A; and
WHEREAS, this Council has reviewed the Canvass, finds it appropriate and wishes to
complete its proceedings for the TD.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. Recitals. The foregoing recitals are all true and correct.
Resolution No. 2006-195 N.C.S. Page l
2. Issues Presented. The issues presented at the special election were the levy of a special
tax within the TD the incurring of a bonded.. indebtedness in the maximum aggregate
principal amount of $2,100,000, and the approval of an annual appropriations limit of not
to exceed $2,100,000, all pursuant to the Resolution of Formation and the Resolution of
Necessity.
3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds
that it shall be a permanent part of the record of its proceedings for the TD. Pursuant to
the Canvass, the issues presented at the special election were not approved by the
qualified electors of the TD by two-thirds (2/3) of the votes cast at the special election.
4. Council Direction to Staff. The Council hereby directs City staff to continue to
negotiate with the owners of property in the TD to identify terms under which the
property owners would vote in favor of the issues presented at the special election and/or
pursue a reimbursement agreement separate from the TD.
5. Effective Date. This Resolution shall take effect upon its adoption.
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 ~pr ve as to
Council of the City of Petaluma at a Regular meeting on the 20`x' day of NovemUer, JJJJ o
2006, by the following vote:
City Attorney
AYES: Mayor Glass, Harris, Healy, Vice Mayor Nau, O'Brien, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None .
I I / j f'
ATTEST:
Deputy City Clerk Mayor
Resolution No. 2006-195 N:C.S. Page 2
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF PETALUMA
Special Tax District No. 2006-01
(Theatre District Area)
I hereby certify that on November 20, 2006 I canvassed the returns of the election held on
November 20, 2006 in the City of Petaluma Special Tax District No. 2006-01 (Theatre District
Area) and the total number of ballots cast in said District and the total number of votes cast for
and against the measure are as follows and the totals as shown for and against the measure are
full, true and correct:
Qualified
Landowner Votes
Votes Cast YES NO
Special Tax District No. 2006-01
(Theatre District Area) of the City of Petaluma,
Special Tax Election, November 7, 2006 10 10 0 10
BALLOT MEASURE: Shall the City of Petaluma incur an
indebtedness and issue bonds in the maximum aggregate principal
amount of not to exceed $2,100,000 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 "City of Petaluma Special
Tax District No. 2006-01 (Theatre District Area)" (the "TD"), 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 TD be levied annually, commencing in the City's fiscal
year 2006-07 upon lands within the TD to pay for the principal and
interest upon such bonds, to pay the costs of the City in
administering the TD, and to pay for the costs of acquiring and/or
constructing certain facilities; and shall the annual appropriations
limit of the TD be established in the amount of $2,100,000?
IN WITNESS WHEREOF, I HAVE HEREUN'T'O SET MY HAND this 20th day of
November, 2006.
B ~ t~
Y•
Deputy City Clerk
Resolution No. 2006-195 N.C.S. Page 3