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HomeMy WebLinkAbout91-030o, 23 9, 365' 03/13/91 RESOLUTION NO. 91-..~30 A RESOLUTION CA!,I,rNG SPECIAL E~JECTION Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District No. I (Fire Facilities and Services) of the City of Santa Aha, Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of Community Facilities District No. I (Fire Facilities and Services) of the City of Santa Ana (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 Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $50,000,000 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 the City of Santa Ana Special Tax Financing Improvement Code, enacted by Ordinance No. NS-2033 of the City adopted on November 20, 1989 (the "Act"). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Pursuant to Sections 20-32, 20-33 and 20-68 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. 2. As authorized by Section 20-68 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. ESO U IOU .367 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 20-33 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. 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 Clerk's office on May 31, 1991. 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 on or prior to 5:00 p.m. on May 31, 1991, at which time the election shall be closed. 5. Pursuant to Section 20-34 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are applicable to this special election. The City Attorney shall cause to be prepared an impartial analysis of the ballot measures, and the City Clerk shall cause to be prepared and published a notice of time limit to submit ballot arguments in the form of Exhibit B hereto, and the City Clerk shall cause the impartial analysis and any ballot arguments to be submitted to the qualified electors of the District. 6. This City Council hereby directs that the City Clerk cause 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 described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing beard. 7. The City Clerk shall accept the ballots of the qualified electors in her office at any time on or prior to 5:00 p.m. on May 31, 1991, whether said ballots be personally delivered or received by mail. The City Clerk shall have available at said location ballots which may be marked on or prior to the election day by said qualified electors. 8. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the area of 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. -2- RESOLUTION 91-030 ,~ , ADOPTED this 1st day of ATTEST: t~'a~ice C. Guy Clerk of the Council COUNCILMEMBEI{S: Young Aye Pulido Aye Acosta Aye Griset Aye McGuigan Aye Norton Aye Richardson Aye Aoril , 199 1. APPROVED ASTO FORM: City Attorney CERTIFICATE OF ORIGINALITY r State of california County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9]-030 to be the original resolution adopted by the city Council of the City of Santa Ana 6n ~l/erk of th~ Councl~Date City of Santa Ana EXHIB1T A OFFICIAL BAI .l OT SPECIAL TAX ELECTION Community Facilities District No~ 1 (Fire Facilities and Services) of the City of Santa Aha 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 Santa Aha no later than Friday, May 31, 1991, either by mail or in person. The City Clerk's office is located at 20 Civic Center Plaza, Santa Aha, California, 92702. To vote, mark a cross (X) on the voting line aider the word "YES" or after the word "NO". All marks otherwise made are forbidden. Ail 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 Santa Aha and obtain another. BALLOT MEASURE: Shall the City of Santa Ana incur an indebtedness and issue bonds (the "Bonds#) in one or more series in the maximum aggregate principal amount of $50,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of the Bonds on behalf of the Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha (the "District"), the proceeds of which will be used to finance certain facilities and equipment to accommodate fire fighting for buildings more than two stories in height (the 'Facilities"); shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the Facilities, certain services to be provided through the District that are incident to the Facilities, the principal and interest on the Bonds and the costs of the City in administering the District and the Bonds, and shall the annual appropriations limit of the District be established in the initial amount of $4,000,0007 Yes: No' Number of Votes: Property Owner: A-1 ,873 EXltlBIT B FORM OF NOTICE OF TIME LIMIT TO SUBMIT ARGUMENTS Comm~n|ty Facilities District No. 1 (Fire FA,.~ltties and Services) of the City of Santa Aha Spe~A1 Tax l~lon May 31, 1991 PLEASE TAKE NOTICE that ballot arguments with respect to the Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Ana special tax election will be received according to the following procedure: 1. The City Council or any member or members thereof authorized thereby, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens or any combination of such voters and associations may file a written argument for or against one or more of the measures on the ballot. No argument Shall exceed 300 words in length. A ballot argument shall not be accepted unless accompanied by the name or names of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures may appear on any argument. If an argument is signed by more than five persons, the names of only the first five persons signing, determined by the order in which their signatures appear, shall be printed on the argument. The City Clerk shall cause an argument for and an argument against the measures, if any, to be printed and shall transmit the arguments to the qualified electors with or in addition to any necessary ballot materials. Arguments for and against the measure shall be submitted to Office of the City Clerk, 20 Civic Center Plaza, Santa Aha, California 92702, not later than Friday, April 19, 1991. 2. If more than one argument for, or against, any measure is submitted to the City Clerk within the time prescribed above, the City Clerk shall select one of the arguments in favor and one of the arguments against the specific measure for printing and distribution to voters. In such selection, preference and priority shall be given as follows: (a) to the City Council or member or members of the City Council authorized by the City Council; (b) the individual voter or bona fide associations of citizens, or combination of voters and associations, who are bona fide sponsors or proponents of the measure; (c) bona fide associations of citizens; and (d) individual voters who are eligible to vote on the measure. B-1 3. When the City Clerk has selected arguments for and against the measures, if any, such official shall send copies of arguments for to the authors of arguments against and copies of arguments against to the authors of arguments for the measures. The authors may submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with Office of the City Clerk, 20 Civic Center Plaza, Santa Aha, California 92702, not later than Thursday, May 2, 1991. Rebuttal arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. 4. Copies of any impartial analysis, arguments for and against the measures and any rebuttals thereto shall be open for public examination at the Office of the City Clerk, 20 Civic Center Plaza, Santa Ana, California 92702, during ordinary business hours beginning on Monday, May 6, 1991, and ending on Thursday, May 16, 1991. Any person may obtain a copy of such materials for use outside of said office. A fee, not to exceed the actual costs incurred in providing such copies, may be charged at the time of provision of such copies. 5. Questions concerning this notice shall be directed to the City Clerk, City of Santa Aha, 20 Civic Center Plaza, Santa Ana, California 92702, telephone number (714) 647- 6520. Dated: April 2, 1991 City Clerk, City of Santa Ana B-2