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HomeMy WebLinkAboutRES CC 1997 1349 1997 0716RESOLUTION NO. 97 -1349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK CALLING SPECIAL ELECTION WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of the City Council of the City of Moorpark of Formation of City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation ") , ordering the formation of City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements) (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 City Council also adopted a resolution entitled "A Resolution the City Council of the City of Moorpark Determining the Necessity to Incur Bonded Indebtedness Within The City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements)" (the "Resolution to Incur Indebtedness ") , determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $10,500,000 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 Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act "). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded 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. SECTION 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. 000032 SECTION 3. This City Council 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 City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council 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 acre or portion thereof such landowner owns in the District as of the close of said public hearings. SECTION 4. This City Council hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the City Council Chambers immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. SECTION 5. Pursuant to Section 53327 of the Act, the election shall be conducted by hand - delivered ballot pursuant to Section 4000 of the California Elections Code. This City Council hereby finds that paragraphs (a) , (b) , (c) (1) and (c) (3) of said Section 4000 are applicable to this special election. SECTION 6. This City Council acknowledges that the City Clerk 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 2 Vt�033 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. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. SECTION 7. The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers upon and prior to the adoption of this Resolution, 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 8. This City Council hereby further finds that the provision of Section 53326 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. There is on file with the City Clerk a written petition executed by all of the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District and waiving any requirement for analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that said 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 City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a 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. SECTION 10. This Resolution shall take effect upon its adoption. , PASSED, APPROVED, AND ADOPTED THIS) 16th DAY/6F-)(JUft, 1997. ck Hunt-qff, , Mayor �i 11 • EXHIBIT A CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 97-1 (CARLSBERG BUSINESS PARK PUBLIC IMPROVEMENTS) OFFICIAL BALLOT SPECIAL TAX ELECTION (JULY 16, 1997) 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 Moorpark no later than immediately after adoption of the resolution of the City Council calling said election, either by mail or in person. The City Clerk's office is located at 799 Moorpark Avenue, Moorpark, California 93021. 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 Moorpark and obtain another. BALLOT MEASURE: Shall the City of Moorpark incur an indebtedness and issue bonds in the maximum aggregate principal amount of $10,500,000, 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 the City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Yes: Public Improvements) (the "District "), the proceeds of which will be used to finance certain public improvements described in the proceedings to form the District; shall a special tax No: payable solely from lands within the District be levied annually upon lands within the District to pay for the costs of facilities authorized to be financed by the District, and the principal and interest upon such bonds and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $1,000,000? By execution in the space provided below, you also (a) 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, and (b) acknowledge that there will be no services funded by the District, the facilities to be financed by the District will include those facilities described in Exhibit A to the Resolution of Formation of the District a copy which has been provided to you, and that the boundaries of the District will, when new County Assessor's parcel numbers are assigned to the land in the District, not include the land currently identified as Lot 3 which land is intended for residential development. Number of votes: Property Owner: A -2 V(�p35 MOORPARK m 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 m iq T6p J STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 97- 1349 was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of JULY , 1997, and that the same was adopted by 'the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 17th day of JULY , , 1997. 'Lillian E. Hare, CMC City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember