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HomeMy WebLinkAboutResolution 2006-180 N.C.S. 10/16/2006 Resolution No. 2006-180 N.C.S. of the City of Petaluma, California RESOLUTION CALLING FOR THE 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"), State of California that: WHEREAS, under the City of Petaluma Special Tax Procedure Code (the "Code"), which is located at Chapter 4.40 of Title 4 of the Petaluma Municipal Code, this Council is authorized to establish a special tax district and to act as the legislative body for a special tax district; and, WHEREAS, the Code incorporates the Mello-Roos Community Facilities Act of 1982 (the "Act") into the Code; and, WHEREAS, this City Council has adopted a resolution entitled "Resolution of Formation of Special Tax District" (the "Resolution of Formation"), ordering the formation 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 Code; and, WHEREAS, this City Council has also adopted a resolution entitled "Resolution Determining Necessity to Incur Bonded Indebtedness" (the "Resolution Determining 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; and, WHEREAS, under the Resolution of Formation and the Resolution Determining Necessity, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the TD as required by the provisions of the Code; and, NOW, THEREFORE, IT IS ORDERED as follows: 1. Issues Submitted. Pursuant to applicable provisions of the Act (including, but not limited to Sections 53325.7, 53326, 53327, 53327.5 and 53351. of the Act) and the Code (including but not limited to 4.40.250 and 4.40.260), the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the TD at an election called therefore as provided below. Resolution No. 2006-180 N.C.S. Page 1 2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the TD for each of the 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 TD 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 TD 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 1 above, which election shall be held on either of the two following dates: i. November 6, 2006, if a consent anal waiver of all of the qualified electors in the TD is obtained that allows for a shortening of the time for the special election to expedite the process of formation of the TD and waiving any requirement for notice, analysis and arguments in connection with the election. The Council hereby finds that the provisions of Section 4.40.260 of the Code requiring a minimum of 30 days following the adoption of the Resolution of Formation and this Resolution to elapse before the special election are for the protection of the qualified electors of the TD. 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, subject to consent and waiver by the qualified electors, as provided in Section 53327 of the Act. ii. If no such consent and waiver is obtained, November 20, 2006, with all required analysis and arguments. The results of the election shall be canvassed at the meeting of this Council on the same date as the election. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 3:00 p.m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation and a sufficient description of the boundaries of the TD to allow the City Clerk to determine the electors of the TD. 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 1400 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 Resolution No. 2006-180 N.C.S. Page 2 Exhibit "A," to be delivered to each of the qualified electors of the TD. 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 board of the election. 5. Accountability. The Board hereby finds that the proposed debt issuance constitutes a "local bond measure" within the meaning of Sections 53410, et seq. of the California Govel7iment Code. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds shall be applied only to the purposes set forth in the propositions; (c) the proceeds of airy bonds shall be deposited into special accounts to be created therefore as part of the issuance of the bonds; and (d) the City shall cause a report to be prepared annually under Section 53411 of the Government Code. 6. 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 Approve as to Council of the City of Petalwna at a Regular meeting on the 16`h day of October, , f 2006, by the following vote: % /?l " City torney AYES: Mayor Glass, Harris, Healy, Torliatt . NOES: None - - ABSENT: Vice Mayor Nau, O'Brien ~ - _ . _ _ _ ABSTAIN: None - ~ - - f 'l~ ~I i ~ _ l ATTEST: City Clerk Mayor - - . Resolution No. 2006-(30 N.C.S. Page 3 EXHIBIT A CITY OF PETALUMA Special Tax District No. 2006-01 (Theatre District Area) 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 Petaluma no later than the hour of 3:00 p.m. on [specify election date], either by mail or in person. The City Clerk's office is located at City Hall, 1 1 English Street, Petaluma, California 94952. 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 Petaluma and obtain another. 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-O1 (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? YES: NO: Resolution No. 2006-180 N.C.S. Page 4 Assessor Parcel Nos : property owner name] Acreage: Number of votes: By: Name: Title: The address of the above owner for receiving notices and ballots is: Resolution No: 2006-180 N,C.S. Page 5