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HomeMy WebLinkAboutCC RES 13-29RESOLUTION NO. 13 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 WHEREAS, on this date, the City Council (the "City Council ") of the City of Tustin (the "City") adopted, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "), a resolution entitled "A Resolution of the City Council of the City of Tustin, California, of Formation of City of Tustin Community Facilities District No. 13- 01 Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District' (the "Resolution of Formation "), establishing City of Tustin Community Facilities District No. 13 -1 (the "Community Facilities District'); and WHEREAS, the City Council desires to designate the City Clerk of the City (the "City Clerk ") as the election official for the special election provided for herein; and WHEREAS, there has been filed with the City Clerk a letter from the Registrar of the County of Orange indicating that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on May 7, 2013 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on May 7, 2013; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. Pursuant to Sections 53326 and 53325.7 of the Act, the propositions to establish an appropriations limit for and to levy a special tax within the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below. Section 2. The City Clerk is hereby designated as the official to conduct said election. Section 3. As authorized by Section 53353.5 of the Act, the propositions to levy a special tax within the Community Facilities District and to establish an Resolution No. 13 -29 Page 1 of 6 appropriations limit for the Community Facilities District shall be combined into one ballot proposition. Section 4. The City Council hereby finds and determines that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each landowner who is the owner of record as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. Section 5. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act); (b) to the holding of said election on May 7, 2013; and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council herby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on May 7, 2013. Section 6. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at 300 Centennial Way, Tustin, California, on May 7, 2013. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. Section 7. The voted ballots shall be returned to the City Clerk not later than 10:00 p.m. on May 7, 2013; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. Section B. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand - delivered ballot pursuant to Section 4000 of the California Elections Code and the City Council finds that paragraphs (a), (b), (c)(1) of said Section 4000 are applicable to this special election. Section 9. The form of the ballot for said election is attached hereto as Exhibit "A" and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors Resolution No. 13 -29 Page 2 of 6 0 of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Section 10. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (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 the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope; (c) the printed name, signature and address of the vote; (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. Section 11. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act. Section 12. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 300 Centennial Way, Tustin, California, up to and including 10:00 p.m. on May 7, 2013, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 13. The City Council hereby determines that the services financed by the Community Facilities District are necessary to meet increased demands placed upon the City as a result of development occurring in the Community Facilities District. Section 14. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 15. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED at a regular meeting of the City Council of the City of Tustin held on May 7, 2013. Resolution No. 13 -29 Page 3 of 6 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 13 -29 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of May, 2013 by the following vote: Resolution No. 13 -29 Page 4 of 6 EXHIBIT A OFFICIAL BALLOT CITY OF TUSTIN May 7, 2013 SPECIAL ELECTION This ballot is for a special landowner election. The number of votes to be voted pursuant to this ballot are 518. INSTRUCTIONS TO VOTERS: To vote on the proposition, mark a cross ( +) or (X) in the voting square after the word "YES" or after the word "NO ". All distinguishing marks or erasures 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 Tustin and obtain another. CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 PROPOSITION: Shall City of Tustin Community Facilities District No. 13 -01 (the "Community Facilities District') be authorized to levy a special tax in order to finance certain services and shall the annual appropriations limit of the Community Facilities District be established in the amount of $4,000,000, all as specified in the Resolution entitled "A Resolution of the City Council of the City of Tustin of Formation of City of Tustin Community Facilities District No. 13 -01, Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District', adopted by the City Council of the City of Tustin on May 7, 2013? Resolution No. 13 -29 Page 5 of 6 A Yes: [ X ] No: [ ] CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Jeffrey C. Parker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on May 7, 2013, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said Resolution was adopted by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES; COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT Murray, Puckett, Gomez, Bernstein None Nielsen None An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: May 7, 2013 Resolution No. 13 -29 Page 6 of 6 C I