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HomeMy WebLinkAbout1999-11-09 - RESOLUTIONS - SPECIAL ELECTION (2)RESOLUTION NO. CFD 99-1-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ACTING ON BEHALF OF CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1 CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council') of the City of Santa Clarita, California (the "City"), has heretofore adopted Resolution No. 99-164 stating its intention to form City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1952, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 99-164, incorporating a description and map of the proposed boundaries of the CFD and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD, which will be used to pay for the facilities and other costs including payment of the principal and interest on bonds proposed to be authorized to be issued by the CFD, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on November 9, 1999, this Council held a noticed hearing as required by law relative to the proposed formation of the CFD; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. CFD 99-1-1 determining the validity of prior proceedings, establishing the CFD, designating Future Annexation Area, authorizing the levy of a special tax within the boundaries of the CFD, determining the necessity of incurring bonded indebtedness and establishing an appropriations limit; and WHEREAS, the proposed special tax to be levied upon property within the CFD to pay principal and interest on the bonds proposed to be issued by the CFD has not been precluded by protest of the owners of one-half (A) or more of the area of land within the CFD; and WHEREAS, this Council wishes to present to the qualified electors of the CFD a combined proposition to: (1) levy special taxes on property within the CFD; (2) incur bonded indebtedness, and (3) establish an appropriations limit for the CFD; and RESOLUTION NO. CFD 99-1-2 November 9, 1999 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1 (SANTA CLARITA BUSINESS PARK), does resolve as follows: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the CFD a combined proposition (the "Proposition") to: (1) levy special taxes on property within the CFD in accordance with the rate and method of apportionment of special tax specified in Resolution No. CFD 99-1-1 of the Council; (2) incur bonded indebtedness in the maximum principal aggregate amount of $33,000,000 as authorized under Resolution No. CFD 99-1-1; and (3) establish an appropriations limit in an amount equal to maximum amount of bonded indebtedness authorized to be incurred for the CFD. SECTION 2. A special election is hereby called for the CFD on the Proposition set forth above in Section 1. SECTION 3. The City Clerk shall personally serve the ballots to the landowner upon adoption of this resolution. SECTION 4. The time for notice having been waived by all of the qualified electors, the date of the special election for the CFD on the combined proposition shall be on the 9th day of November 1999. The voter ballot shall be returned to the City Clerk at 23920 Valencia Boulevard, Santa Clarita, California 91355-2196, no later than 11:00 o'clock p.m. on November 9, 1999. In accordance with Section 53326(d) and 53351Q) of the Act, the election shall be closed and the results certified by the Election Official as soon as all qualified electors have voted. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of the CFD at the time of the protest hearing and ninety (90) days prior thereto, and that there is only [one] landowner in the CFD. The requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be personally delivered to the landowner within the CFD. SECTION 6. Notice of said election and written argument for or against the measure have been waived by the landowner. SECTION 7. The CFD shall constitute a single election precinct for the purpose of holding said election. Each landowner shall have one (1) vote for each acre or portion thereof that he or she owns with the CFD, as provided in Section 53326 of the Act. RESOLUTIONNO. CFD 99-1-2 November 9, 1999 - Page 3 SECTION 8. The Council hereby directs that the election be conducted by the City Clerk of the City of Santa Clarita, as the Election Official. SECTION 9. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 9 day of November , 1999. MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting therefore, held on the 9 day of November 1999 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Ferry, Klajic, Weste , Heidt None Darcy