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HomeMy WebLinkAboutRES CC 2005 2385 2005 0921RESOLUTION NO. 2005 -2385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 2004 -1 ( MOORPARK HIGHLANDS) WHEREAS, on September 21, 2005 this Council adopted Resolution No. 2005 -2383, (the "Resolution of Formation ") ordering the formation of the City's Community Facilities District No. 2004 -1 ( MOORPARK HIGHLANDS) (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 ") for the purpose of providing certain facilities (the "Facilities ") and services (the "Services ") shown in such resolution; and WHEREAS, this Council has also adopted Resolution No. 2005- 2384 the "Resolution Determining Necessity ", determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $43,750,000 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, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 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 therefore as provided below. Resolution No. 2005 -2385 Page 2 SECTION 2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council 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. SECTION 3. Conduct of Election. This Council hereby calls a special election to consider the measures described in Section 1 above, which election shall be held on September 21, 2005, and the results thereof canvassed at the meeting of this Council on September 21, 2005. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 7:00 p.m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the City Clerk 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 Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 are applicable to this special election. SECTION 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 City Clerk 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 contain 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 Resolution No. 2005 -2385 Page 3 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. SECTION 5. Waivers. This Council 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 City Clerk 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 Council 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 Council also finds and determines that the City Clerk 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 SECTION 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, the providing of the Services, and the incidental costs thereof including any bonds, all as defined in the Resolution of Formation shall constitute the specific single purpose; (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. Resolution No. 2005 -2385 Page 4 SECTION 7. to the adoption resolution to be Certification. The of this resolution filet PASSED AND ADOPTF ATTEST: City Clerk shall certify and cause a certified Deborah S. Traffenste City Cle Attachments: Exhibit "A" - Form of Ballot Resolution No. 2005 -2385 Page 5 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (Moorpark Highlands) CITY OF MOORPARK, VENTURA COUNTY, CALIFORNIA SPECIAL ELECTION BALLOT (Mailed- Ballot Election) Number of Votes: Property Owner: According to the provisions of the Mello -Roos Community Facilities Act of 1982, and the resolutions of the City Council of the City of Moorpark, the above -named landowner is entitled to cast the number votes specified above on this ballot. In order to be counted, this ballot must be certified below and be returned, either by mail or in person, before the end of the public hearing on September 21, 2005, to: Deborah S. Traffenstedt, City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED. BALLOT MEASURE Shall the City Council of the City of Number of votes Moorpark be authorized to issue up to YES $43,750,000 in bonds, levy a special tax, and finance public facilities by and through its Community Facilities District No. 2004 -1 (Moorpark Highlands), all as Number of votes specified in its Resolution Nos. 2004- NO 2239 and 2004 -2340, and shall the appropriations limit for the District for fiscal year 2004 -2005 be established at $43,750,000? The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above -named landowner. signature print name print title Resolution No. 2005 -2385 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005 -2385 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of September, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin and Mayor Pro Tempore Harper NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 19th day of October, 2005. Deborah S. Traffenstedt, ity Clerk (seal)