Loading...
HomeMy WebLinkAboutResolution No. 02-C1070 0 RESOLUTION NO. 02-C107 RESOLUTION OF THE CITY COUNCIL OF CITY OF AZUSA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) OF THE CITY OF AZUSA THE QUESTION OF LEVYING SPECIAL TAXES WITHIN SUCH TERRITORY WHEREAS, the City Council (the "City Council") of the City of Azusa (the "City") has heretofore conducted proceedings for the establishment of and has established Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California (the "Community Facilities District"), and the Community Facilities District has been authorized (i) to incur a bonded indebtedness in an amount not to exceed $25,000,000 for financing certain public facilities of the District and certain other school facilities and (ii) to levy special taxes within the Community Facilities District to pay debt service on such bonded indebtedness; and WHEREAS, the City Council has determined that it is necessary that certain parcels of property be annexed to the Community Facilities District in order that they may be developed and receive the benefit of the public facilities which will be financed with the proceeds of the bonds of the Community Facilities District; and WHEREAS, on September 16, 2002 the City Council adopted Resolution No. 02-C95, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that such parcels of property be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 7:30 p.m. on October 21, 2002 and the meeting room of the City Council as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, at the time and place of said hearing, the City Council conducted the hearing and afforded all interested persons for or against the annexation of said territory to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said territory to the Community Facilities District, and no protests, either oral or in writing, were received; and WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within said territory as specified in Article 2 (commencing with Section 53318) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, RVPUMBJS\640418 9 0 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the 90 days preceding the close of the public hearing held on October 21, 2002; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Azusa Associates, LLC, the owner of all of the territory proposed to be annexed to the Community Facilities District has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on any date prior to November 30, 2002, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the city attorney of the ballot proposition pursuant to Section 9280 of the California Elections Code, mailing of a statement pursuant to Section 9401 of said Code, and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and Section 9295 of said Code; and (v) the City Clerk has consented to the holding of said election on October 21, 2002. Section 2. Special Election. A special election is called for and shall be held on Monday, October 21, 2002, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the Community Facilities District the question of whether special taxes shall annually be levied within said territory to pay the principal of and interest on the bonds of the Community Facilities District pursuant to the Rate and Method of Apportionment of the Special Taxes attached as Exhibit "A" to Resolution No. 02-C95. Section 3. Ballot Proposition. The proposition to be submitted on October 21, 2002 to the qualified electors of the territory proposed to be annexed to the Community Facilities District shall be as follows: Shall special taxes be annually levied within the territory proposed to be annexed to Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California, which is described on the Annexation Map identified in Resolution No. 02-C95 adopted by the City Council of the City of Azusa on September 16, 2002, to pay the principal of and interest on the bonds of said community facilities district, including any necessary replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments, and administrative expenses of the City of Azusa and said community facilities district in levying and collecting such special taxes, pursuant to the rates and method of apportionment of the special taxes set forth in Exhibit "A" to Resolution No 02-C95? RVPUB\BJS\64041 B -2- 0 0 Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballot, and a copy of Resolution No. 02-C95. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the number ofvotes.to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the Community Facilities District. (d) The return identification envelope mailed or delivered bythe City Clerk to each landowner -voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and RVPUB\BW640419 -3- LI P, signed and all other information to be inserted thereon properly inserted by 7:30 o'clock p.m. on the date of the election; provided that the election shall be closed before such hour if the City Clerk determines that all qualified voters have voted. (f) Upon receipt of the return identification envelope which is returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the elec- tion, and shall file a statement with the City Council as to the results of such canvass and the election on the proposition set forth in the official ballot. PASSED, APPROVED AND ADOPTED OiZ- j'st day of Octob^ 2002. Mayor ATTES . Vera Mendoza City Clerk RVPtJB\BJSW40418 _4_ Cruz -Madrid 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 02-C107 was duly introduced and adopted at a regular meeting of the City Council of the City of Azusa held on the 21st day of October, 2002, by the following vote of the Council: AYES: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID NOES: NONE ABSENT: NONE ABSTAINED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 21st :day of October 2002. 961 U� Vera Mendoza City Clerk RVPURIBM640418 -5- �J uu: OFFICIAL BALLOT 0 SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) CITY OF AZUSA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA October 21, 2002 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Azusa and obtain another. PROPOSITION A: Shall special taxes be annually levied within the territory proposed to be annexed to Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California, which is described on the Annexation Map identified in Resolution No. 02-C95 adopted by the City Council of the City of Azusa on Septemberl6, 2002, to pay the principal of and interest on the bonds of said community facilities district, including any necessary replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments, and administrative expenses of the City of Azusa and said community facilities district in levying and collecting such special taxes, pursuant to the rates and method of apportionment ofthe special taxes set forth in Exhibit "A" to Resolution No 02-C95? RVP1JMB \640418 A-1 Ll STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) 0 I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No.02-C 107 of said City Council, and that the same has not been amended or repealed. Dated: October 21 , 2002. City Clerk of the City of Azusa RVPUB�B)$\64041$