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HomeMy WebLinkAboutRESOLUTIONS - 01011992 - 1992-338 RESOLUTION NO. . /93 ARESOLUTION CALLING SPECIAL ELECTION' County of Contra Costa Community Facilities District No.1992.1 (Pleasant Hill BART Station Area)' RESOLVED, by the Board of Supervisors of the County of Contra Costa (the "County"`) that: WHEREAS, on this date,this Board of Supervisors adopted a resolution entitled "A Resolution of Formation of County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area), Authorizing the Levy of'a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit'for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation. of County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the "District"), authorizing the levy of a special tax on property within the District` and 'preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this Board of Supervisors also adopted a resolution entitled. "A Resolution Determining the Necessity to Incur Bonded''Indebtedness Within the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) and Submitting Proposition to the;Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining, the necessity to incur bonded' indebtedness in the m.axhnum aggregate principal amount of$455,500 upon the security of said special tax to be levied within the District;and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified' electors of the District as required by the Mello-Roos Community Facilities Act of 1982, as amended (the 'Act"). NOW THEREFORE, IT IS HEREBY ORDERED as follows; 1. Pursuant to Sections 53828,53353.5 and 53325.7 of the Act, the issues of the levy of said special'tax, the incurring of banded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as,provided below. 2.; As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 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. Said form of ballot is hereby approved. 3 This Board of Supervisors hereby'finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the 'close of the public hearings;heretofore conducted and concluded by this Board of Supervisors for the purposes of these proceedings. Accordingly, and pursuant to Section 63326 of the Act, this Board of Supervisors finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acreor portion thereof such landowner owns in the District as of the close of said public hearings. 4. This.. Board of Supervisors' hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the meeting room of this Board of Supervisors immediately following adoption of this Resolution. The Deputy Director - Redevelopment of the County is hereby designated as the official to conduct said election. It is hereby acknowledged that the Deputy Director Redevelopment has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description'to allow the Deputy Director Redevelopment'to determine the boundaries of the District. The voted ballots shall be returned to the Deputy Director - Redevelopment immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. 6. Pursuant to Section 63327 of the Act, the election shall be conducted by mail or hand-delivered'ballot pursuant to Section 1340 of the California Elections Code. This Board of Supervisors hereby finds that paragraphs (a), (b), (c) (`1) and (c)(3)'of said Section 1340 are applicable to this special'election. 6. This Board of Supervisors acknowledges that the Deputy Director Redevelopment:has caused to be delivered to each of the qualified electors of the District a ballot in the form set'forth in Exhibit "A" hereto, Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was 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 described in clause (b) above, and (e) a notice that the envelope contains' an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measurer, are hereby waived, as provided in Section 63327 of the Act. 7. The Deputy Director - Redevelopment shall accept the ballots of the qualified electors in the meeting room of this Board of Supervisors upon and prior to the adoption of this Resolution, whether said ballots be personally delivered or received by mail. The Deputy Director - Redevelopment shall have available at said location ballots which may be marked on the election day by said qualified electors. €i. This Board of Supervisors hereby further finds that the provision of Section 63326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. The voted ballots of the landowners within the District contain a waiver of the time limit pertaining to the conduct of the election. Accordingly, this Board of Supervisors funds and determines that said qualified>>electors have been fully apprised -2- of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings. ,This Board'of Supervisors also finds and determines that the Deputy Director-Redevelopment has concurred in the shortened time for the election: 9. The Clerk; of the Board is hereby directed to publish in a newspaper of general circulation circulating within the area of the District s copy of this Resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 1-2 day of MaY , 1992, by the following vote of the Board: AYES; Supervisors Powers , ,Fanden, Torlakson, McPeak NOES: Supervisor Schrader ABSENT: None ATTEST. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator .19497 Deputy 92/335 -3 EXHIBIT A' COUNTY OF CONTRA COSTA Community Facilities District No.1992.1 (pleasant Hili BART Station 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 Deputy Director - Redevelopment of the County of Contra Costa no later than immediately after adoption of the resolution of the Board of Supervisors calling said election on May '12, 1992, either by mail or in person. The Deputy Director Redevelopment's office is located at 651 Pine Street, 4th Floor, North Wing, Martinez, California,' 94553. To vote, mark a cross(X)on the voting;line after the word "YES" or after the ward "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 Deputy Director - Redevelopment of the County of Contra Costa and obtain another. BALLOT MEASURE: Shall the County of Contra Costa incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $455,500, with interest at a rate or rates not to exceed the maximum'interest rate,permitted by law at the time of sale Yes: of such bonds on behalf of the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant '''Hill BART Station Area) (the "District"), the proceeds of which will be used to finance certain public improvements; shall No: a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for" the principal and interest upon such bonds and the costs of the County in administering the District, and shall the annual appropriations limit of the District be established in the amount of$455,500'? 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,:' as such waivers are described and permitted by Section 53326(a)and 53327(b)of the California Government Code. Number ofYotes ` Property Owners: A-1