HomeMy WebLinkAboutRESOLUTIONS - 03162004 - 2004 RES 124 RESOLUTION NO. 2004/124
A RESOLUTION OF THE GOVERNING BOARD OF THE EAST CONTRA COSTA
FIRE PROTECTION DISTRICT CALLING SPECIAL ELECTION WITHIN
COMMUNITY FACILITIES DISTRICT NO, 2004-1 (FIRE SERVICES)
RESOLVED, by the Governing Board (the "Board") of the East Contra Costa Fire Protection
District(the"District"), as follows:
WHEREAS, on this date, this Board adopted a resolution entitled "A Resolution of the
Governing Board of the East Contra Costa Fire Protection District of Formation of East Contra Costa
Fire Protection District Community Facilities District No. 2004-1 (Fire Services)" (the "Resolution of
Formation"), ordering the formation of the East Contra Costa Fire Protection District Community
Facilities District No. 2004-1 (Fire Services) (the "CFD"), authorizing the levy of a special tax on
property within the CFD and preliminarily establishing an appropriations limit for the CFD; and
WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions of the
levy of said special tax and the establishment of the appropriations limit are to be submitted to the
qualified electors of the CFD as required by the Mello-Roos Community Facilities Act of 1982,
California Government Code Section 53311 et seq. (the"Law").
NOW, THEREFORE, it is hereby FOUND, DETERMINED and ORDERED by the Governing
Board of the East Contra Costa Fire Protection District,as follows:
Section 1. Pursuant to Sections 53325.7 and 53326 of the Law, the issues of the levy of said
special tax and the establishment of said appropriations limit shall be submitted to the qualified electors
of the CFD at an election called therefor as provided below.
Section 2. As authorized by Section 53353.5 of the Law, the two 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. The form of ballot is hereby approved.
Section 3. This Board hereby finds that fewer than 12 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 hearing
heretofore conducted and concluded by this Board for the purposes of these proceedings. Accordingly,
and pursuant to Section 53326(b) of the Law, this Board finds that for purposes of these proceedings the
qualified elector for the CFD is the sole landowner within the CFD and that the vote shall be by said
landowner or its authorized representative, having one vote for each acre or portion thereof such
landowner owns in the CFD as of the close of the public hearing.
Section 4. This Board hereby calls a special election to consider the measure described in
Section 2 above, which election shall be held immediately following adoption of this Resolution in the
regular meeting place of this Board. The Clerk of the Board of Supervisors of the County of Contra
Costa (the "Clerk") is hereby designated as the official to conduct said election. It is hereby
acknowledged that the Clerk has on file the Resolution of Formation, a map of the proposed boundaries
of the CFD, and a sufficient description to allow the Clerk to determine the boundaries of the CFD.
The voted ballot shall be returned to the Clerk no later than immediately following the adoption
of this Resolution; and when the qualified voter has voted, the election shall be closed.
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Section 5. Pursuant to Section 53327 of the Law, the election shall be conducted by mail or
hand delivered ballot pursuant to the California Elections Code.
Section 6. This Board acknowledges that the Clerk has caused to be delivered to the sole
qualified elector of the CFD a ballot in the form set forth in Exhibit A hereto. The ballot indicated the
number of votes to be voted by the landowner.
The 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 pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot
and is to be opened only by the Clerk.
Analysis and arguments with respect to the ballot measures were waived by the landowner in
both its petition to form the CFD and in its voted ballot, as permitted by Section 53327(b)of the Law.
Section 7. The Clerk shall accept the ballot of the qualified elector upon and prior to the
adoption of this Resolution, whether the ballot be personally delivered or received by mail. The Clerk
shall have available a ballot which may be marked in the Governing Board meeting room on the election
day by the qualified elector.
Section 8. This Board hereby further finds that the provision of the Law 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 elector of the CFD. The petition of the landowner to form the CFD and
the voted ballot of the sole qualified elector of the CFD each contain an acknowledgment of a waiver of
any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis
and arguments in connection with the election. Accordingly, this Board finds and determines that the
qualified elector has been fully apprised of and has agreed to the shortened time for the election and
waiver of ballot analysis and arguments, and has thereby been fully protected in these proceedings. This
Board also Ends and determines that the Clerk has concurred in the shortened time for the election.
Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections
50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure
referred to in Sections 2 and 4 above contains a statement indicating the specific purposes of the special
tax, (b) the proceeds of the special tax will be applied only to the purposes specified in the ballot
measure, (c) there shall be created by the Contra Costa County Auditor-Controller an account into which
proceeds of the special tax levies will be deposited, and (d) the Fire Chief is hereby directed to provide
an annual report to this Board as required by Section 50075.3 of the California Government Code.
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Section 10. The Clerk is hereby directed to cause to be published in a newspaper of general
circulation circulating within the CFD a copy of this Resolution as soon as practicable after the date of
adoption of this Resolution.
PASSED,APPROVED AND ADOPTED this 16`h day of March,2004,by the following vote:
AYES: SUPMISORS GIOIA, U UM4A, GRMMc. DeSAULNIM AMID GL0M
NOES: NM
ABSENT:
t
Chair, ast Con4a Costa Fire Protection District
ATTEST:
County Administrator and Clerk of the Board of
Supervisors
\. .. 1L�
By:
Deputy Clerk
05009.01:37329
3/2/04
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EXHIBIT A
EAST CONTRA COSTA FIRE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(FIRE SERVICES)
OFFICIAL BALLOT
Special Tax Election
(March 16,2004)
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid
envelope to the Clerk of the Board of Supervisors of the County of Contra Costa no later than immediately after
adoption of the resolution of the Board of Supervisors calling said election,either by mail or in person.
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 Clerk of the Board of Supervisors of Contra
Costa County and obtain another.
BALLOT MEASURE: Shall a special tax payable solely from lands within the
East Contra Costa Fire Protection District Community Facilities District No. 2004-1
(Fire Services)(the"CFD")be levied annually upon lands within the CFD to be applied Yes:
only to pay the costs of the services authorized to be funded by the CFD, and to pay the
costs of the East Contra Costa Fire Protection District and the County of Contra Costa in
administering the CFD, and shall the annual appropriations limit of the CFD be No:
established in the initial amount of$2,000,000?
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.
Contra Costa County APN Nos.of land owned in Number of Votes: 681
the CFD:
Landowner:
032-210-0299 SHEA HOMES LIMITED PARTNERSHIP,a California
032-220-0073% limited partnership
032-220-0083
032-220-012,and By: J.F. Shea LLC,a Delaware limited liability company,
032-220-026. its General Partner
By:
Its:
By:
Its:
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