Loading...
HomeMy WebLinkAboutRESOLUTIONS - 06052001 - 2001-247 13052-25 • JH:DIO::brf 5/30/01 RESOLUTION No . 2001 /247 A RESOLUTION CALLING SPECIAL ELECTION COUNTY OF CONTRA COSTA Cominunily Facilities District No. 2001-1 (Norris Canyon) WHEREAS, The Board of Supervisors (the "Board") of the County of Contra Costa (the "County") has adopted a resolution entitled "A Resolution of Formation of Community Facilities District" (the "Resolution of Formation"), ordering the formation of the County's Conununity Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to 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") and WHEREAS, This Board .. has also adopted a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Deternuni.ng Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $7,220,000 upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, Pursuant to the provisions of 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 CFD as required by the provisions of the Act, NOW, THEREFORE, BE IT RESOLVED, As follows: 1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, 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 CFD at an election called therefor as provided below. 2. Qualified Electors. This Board hereby finds that fewer than 1.2 persons have been registered to vote within the territory of the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Board finds that, for these proceedings, the qualified electors are the landowners within the CFD 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 CFD as of the close of the public hearings. 3. Conduct of Election. This Board hereby calls a special election to consider the measures described in section 1 above, which election shall be held on June 5, 2001 and the results thereof canvassed at the meeting of this Board on June 5, 2001. The Clerk of the Board is hereby designated as the official to conduct the election and to receive all ballots until 10:00 a.m. on the election date. It is hereby acknowledged that the Clerk of the Board has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the Clerk of the Board to determine the electors of the CFD. 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 Board hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 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 Clerk of the Board is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit "A," to be delivered to each of the qualified electors of the CFD. 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 shall be enclosed with the ballot, have the return postage prepaid, and certain 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. Waivers. This Board hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the Clerk of the Board a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Board finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Board also finds and determines that the Clerk of the Board has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act 6. Accountability. Under Sections 50075.1 and 53410 of the Government Code, the following accountability measures shall apply to the special taxes and/or any bonds: (a) the construction and/or acquisition of the Facilities and the incidental costs thereof including any bonds, all as defined in the Resolution of Formation shall constitute the specific single purposes; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 or 53411 of the Government Code. 7. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote to wit: AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE air ATTEST: JUNE 5, 2001 John Sweeten County Administrator and Clerk of the Board of Supervisors By: 4euerk