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Home My WebLink About1992-07-14 - RESOLUTIONS - SPECIAL ELECTION CFD (2)RESOLUTION NO. CFD 92-1-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ACTING ON BEHALF OF COMMUNITY FACILITIES DISTRICT NO. 92-1 CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Santa Clarita, California (the "City"), has heretofore adopted Resolution No. 92-109 stating its intention to form Community Facilities District No. 92-1 of the City of Santa Clarita (Valencia Town Center) ("Community Facilities District No. 92-1" or "CFD No. 92-111) pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 92-109, incorporating a description of the proposed boundaries of Community Facilities District No. 92-1 and setting forth the facilities to be provided, the cost of providing such facilities and the rate and method of apportionment and the manner of collection of the special tax to be levied within Community Facilities District No. 92-1 to pay for the services and facilities and other costs including payment of the principal and interest on bonds proposed to be authorized within Community Facilities District No. 92-1 is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on July 14, 1992, this Board held a noticed hearing as required by law relative to the proposed formation of Community Facilities District No. 92-1; and -1- WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 92-1 were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 92-142 determining the validity of prior proceedings, establishing CFD No. 92-1, authorizing the levy of a special tax within the boundaries of CFD No. 92-1 and proposing an appropriations limit; and WHEREAS, this Council adopted its Resolution No. CFD 92-1-1 determining the necessity of incurring bonded indebtedness; and WHEREAS, the .proposed special tax to be levied in Community Facilities District No. 92-1 to pay for all the proposed facilities has not been precluded by majority protest of the registered voters residing within the terri- tory of Community Facilities District No. 92-1 or the owners of one-half (1/2) or more of the area of land within Community Facilities District No. 92-1; and WHEREAS, this Council wishes to present to the qualified electors of proposed Community Facilities District No. 92-1 a combined proposition to: (1) levy special taxes on property -2- within CFD 92-1, (2) incur bonded indebtedness, and (3) r-� establish an appropriations limit for CFD 92-1; and i WHEREAS, this Council has been presented with a letter from the Registrar of .Voters certifying there are no registered voters in CFD No. 92-1 and the written Consent and Waiver of the only landowner in CFD No. 92-1 to certain provisions of the Uniform District Elections Act. NOW, THEREFORE, the City Council of the City of Santa Clarita, California acting as the legislative body of Community Facilities District No. 92-1, does hereby resolve, determine and order as follows: Section I. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Community Facilities District No. 92-1 a combined proposition i to: (1) levy special taxes on property within CFD 92-1 in accordance with the rate and method specified in Resolution 92-109 of the Council; (2) incur bonded indebtedness in the aggregate principal amount of not -to -exceed $20,000,000; and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for Community Facilities District No. 92-1. Said appropriations limit shall equal the amount of all proceeds of the special tax collected annually and as defined by said Article XIIIB, as adjusted for changes in the cost of living and changes in population. The combined proposition is attached as Exhibit "A", which is hereby incorporated herein by this reference. -3- Section 2. A special election is hereby called for Community Facilities District No. 92-1 on the combined proposition set forth in Section 1 hereinabove. Section 3. The time for notice having been waived by the qualified elector, the date of the special election for Community Facilities District No. 92-1 on the combined proposition shall be on the 14th day of July, 1992. Section 4. The Council finds and determines that there were no registered voters residing within the territory of proposed Community Facilities District No. 92-1 at the time of the protest hearing and ninety (90) days prior thereto and that there is only one landowner in Community Facilities District No. 92-1. The requirements of Sections 53326 and 53327 of the Government Code having been waived by the landowner, the ballots for the special election have been previously delivered by mail to the landowner within Community Facilities District No. 92-1. The landowner shall have one vote for each acre or portion thereof that it owns within Community Facilities District No. 92-1, as provided in Section 53326 of the Government Code. Section 5. Notice of said election and written argument for or against the measure have been waived by the qualified elector. Section 6. Said Community Facilities District No. 92-1 shall constitute a single election precinct for the purpose of holding said election. -4- Section '7. The qualified elector has waived the call, P'^ holding and conduct of the election pursuant to the formal provisions of the Uniform District Election Law of the State of California. Said elector having consented to waive such formality, the Council hereby directs that the election be conducted by the City Clerk, as Clerk Ex -Officio of Community Facilities District No. 92-1, by ballot mailed by the qualified elector, such ballot to be returned to the City Clerk on or before 6:30 PM on July 14, 1992. PASSED and ADOPTED by the City Council of the City of Santa Clarita, California at a regular meeting held on the 14th day of July , 1992. CITY COUNCIL OF THE CITY OF ' SANTA CLARITA, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 92-1 r MAYOR -5- I HEREBY CERTIFY that the foregoing resolution was duly ^^` adopted by the City Council of the City of Santa Clarita, California, at a regular meeting thereof, held on the 4 day of July , 1992, by the following vote of the Council: AYES: Councilmembers BoYer, Darcy, Heidt, Pederson, Klajic NOES: Councilmembers None ABSENT: Councilmembers Nme CITY CLERK I, DONNA GRINDEY, City Clerk of the City of Santa Clarita, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No: CFD 92-1-2 and that the same has not been amended or repealed. DATED: 9/146/014040-0001/052 1992. lerK or the Ci Clarita, Calif OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 92-1 OF THE CITY OF SANTA CLARITA (VALENCIA TOWN CENTER) SPECIAL BOND, TAX AND APPROPRIATIONS LIMIT ELECTION July 14, 1992 To Vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden make the ballot void. and If you wrongly mark, tear, or deface this ballot, return it to the Clerk and obtain another. PROPOSITION NO. A: Shall Community Facil- ities District No. 92-1 of the City of Santa Clarita (Valencia Town Center) incur an indebtedness and be authorized to issue bonds in the maximum aggregate principal amount of not -to -exceed $20,000,000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable statutory rate for such bonds, the proceeds of which will be used to equip, modify, maintain, rehabilitate, acquire, relocate, construct or otherwise provide facilities and all necessary equipment and property therefor, as provided in Resolution No. 92-110 of the City Council of the City of Santa Clarita and shall a special tax be levied to pay for the principal of and interest of such indebtedness and bonds and to otherwise pay toequip, modify, maintain, rehabilitate, acquire, relocate, construct or otherwise provide such facilities, as specified in Resolution No. 92-109 of the City Council of the City of Santa Clarita and shall an appropriations limit be establishedfor Community Facilities District No. 92-1 pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the amount of all proceeds of the special tax collected annually, as adjusted for changes in the cost of living and changes population? EXHIBIT "A" (Name of Zan owner) Number of Votes