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Home My WebLink About2001-06-12 - RESOLUTIONS - CALL SPEC ELECTION (2)rRESOLUTION NO. CFD 99-1-11 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, on September 28, 1999, the City Council (the "Council") of the City of Santa Clarita, California (the "City") adopted Resolution No.99-164 stating its intention to form the City of Santa Clarity Community Facilities District No. 99-1 (Santa Clarita Business Park) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, on September 28, 1999, the Council also adopted Resolution No. 99-165 stating its intention and the necessity to incur bonded indebtedness in the aggregate amount not to exceed $33,000,000, to be issued by the CFD for the purpose of financing the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities which the City or the CFD is authorized by law to construct, own or operate, which are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the CFD (the "Facilities"), to serve the area within the CFD; and WHEREAS, on November 9, 1999, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. CFD 99-1-1 determining the validity of prior proceedings relative to the formation of the CFD, established the CFD, amended the boundary of the CFD, designated certain property for future annexation to the CFD, and authorized the levy of a special tax within the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. CFD 99-1-2 which called an election within the CFD for November 9, 1999 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on November 9, 1999, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness in an amount not to exceed $33,000,000, levying a special tax, and setting an appropriations limit for the CFD; and Page 2 WHEREAS, the Council received a consent to annex certain of the designated future annexation area ("Annexation No. 1") into the CFD and, on January 25, 2000, the Council annexed Annexation No. 1 into the CFD; and WHEREAS, on January 25, 2000, the Council adopted Resolution No. CFD 99-1-4 declaring its intention to consider certain modifications'to the District, namely the prioritization of certain authorized facilities, the amendment to the rate and method of apportionment and the reduction of the authorization of the indebtedness to be issued by the District from a maximum aggregate principal amount of $33,000,000 to $18,000,000; and WHEREAS, on April 25, 2000, the Council held a public hearing on the proposed modifications to the District and called a special election regarding such proposed modifications; and WHEREAS, on April 25, 2000, an election was held within the District on the proposition of the proposed modifications; and WHEREAS, on April 25, 2000, the Council adopted Resolution No. CFD 99-1-7, authorizing changes to the District and approving an amended CFD report; and WHEREAS, the Council received a petition (the "Petition") from the owner(s) of all property within the CFD requesting the institution of proceedings for certain modifications to the CFD, ` including the elimination of certain properties, the substitution of authorized facilities, the modification of the rate and method of apportionment of the special taxes and the elimination of the authorization of bonded indebtedness of the CFD; and WHEREAS, the Council adopted Resolution No. CFD 99-1-4, declaring its intention to consider the proposed changes to the CFD as set forth in an amended CFD Report; and WHEREAS, the amended CFD Report, as may be further modified in the form presented to the Council at this meeting, (the "Amended Report") is hereby approved and incorporated herein by reference; and WHEREAS, on June 12, 2001, this Council held a noticed hearing as required by law relative to the proposed modifications to 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 proposed modifications to 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, the proposed modifications to the CFD has not been precluded by protest of the owners of one-half or more of the area of land within the CFD; and Page 3 WHEREAS, this Council wishes to present to the qualified electors of the CFD the proposed changes to the CFD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, acting as the legislative body of 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 53338 the Council hereby submits to the qualified electors of the CFD a proposition (the "Proposition") to, upon and concurrent with the payment of net B&T fees by developer: (1) eliminate certain properties and modify the boundaries of the CFD, (2) substitute certain facilities for the authorized facilities, (3) amend the rate and method of apportionment as specified in this Resolution, and (4) eliminate the authorization of bonded indebtedness of the CFD. The Proposition is attached as Exhibit "A". 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 or cause the personal service of 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 proposition shall be on the 12`" day of June, 2001. The voter ballot shall be returned to the City Clerk at 23920 Valencia Boulevard, Santa Clarita, California 91355-2196, no later than 11:59 o'clock p.m. on June 12, 2001. 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. 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. 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. Page 4 PASSED, APPROVED AND ADOPTED this 12' day of June 2001. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA ) I, Sharon L Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of the Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park), at a regular meeting thereof, held on the 12" day of June, 2001, by the following vote of the Council: AYES: COUNCILMEMBERS: Kellar, Ferry, Smyth, Darcy, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None F all, e0,,a\GVRmo&fmd oens.dx EXHIBIT A s OFFICLAL BALLOT CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1 (SANTA CLARITA BUSINESS PARI SPECIAL ELECTION JUNE 12, 2001 To vote, mark a cross W in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as an owner, or authorized representative of an owner, of land within the City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) and represents _ votes. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Santa Clarita at 23920 Valencia Boulevard, Santa Clarita, California 91355-2196. PROPOSITION A: Shall the City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) eliminate certain properties, substitute certain authorized facilities, shall it amend the rate and method of apportionment by, among other things, reducing the maximum special tax, all as provided in Resolution No. CFD 99-1- , and shall it eliminate the authorization of indebtedness of the CFD, and shall said CFD make such changes conditional upon the payment of certain net B&T fees so that this election shall only be effective concurrently with the payment thereof? ftunW\ emoaifimd ..d« YES NO