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Resolution 13380CITY OF ALAMEDA RESOLUTION NO. 13380 CALLING SPECIAL ELECTION (COMMUNITY FACILITIES DISTRICT NO. 4 - FISC AND EAST HOUSING SITES) RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), as follows: WHEREAS, on this date, this City Council adopted a Resolution Forming the City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District (the "Resolution of Formation "), ordering the formation of City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (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 Determining the Necessity to Incur Bonded Indebtedness Within City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "Resolution to Incur Indebtedness "), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of S12,000,000 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 Alameda Special Tax Financing Improvement Code, constituting Section 3 -70 (Special Tax Financing Improvement Code) of Article IV (Special Tax Financing) of Chapter III (Finance and Taxation) of the Alameda Municipal Code (the "Code "). NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. Pursuant to Sections 3- 70.37, 3 -70.86 and 3 -70.36 of the Code, 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 elect-ion called therefor as provided below. Section 2. As authorized by Section 3 -70.88 of the Code, 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," which exhibit is by this reference incorporated herein. The form of ballot is hereby approved. Section 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 3 -70.37 of the Code, 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. Section 4. This City Council hereby calls a special election to consider the measures described in Section 2 above, which election shall be held in the City Council Chambers, 2263 Santa Clara Avenue, Alameda, California, immediately following adoption of this Resolution. 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 immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. Section 5. Pursuant to Sections 3 -70.37 and 3.70.38 of the Code, the election shall be conducted by mail or hand - delivered ballot pursuant to Section 4000 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election. Section 6. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified elector of the District a ballot in the form set forth in Exhibit "A" hereto. The ballot indicates the number of votes to be voted by the landowner. The 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 pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures have been waived by the qualified elector in the ballot, as permitted in Section 3 -70.38 of the Code. Section 7. The City Clerk shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether said ballot be personally delivered or received by mail. The City Clerk shall have available a ballot which may be marked on the election day by the qualified elector. Section 8. The voted ballot of the qualified elector of the District contains an acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a -2- waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure referred to in Section 2 above contains a statement indicating the specific purpose of the special tax, the proceeds of the special tax will be applied only to the purpose specified in the ballot measure, there shall be created by the Director of Finance an account into which proceeds of the special tax levies will be deposited, and the Director of Finance is hereby directed to provide an annual report to this City Council as required by Section 50075.3 of the California Government Code; and (b) the ballot measure contains a statement indicating the specific single purpose of the bonds, the proceeds of the bonds will be applied only to the purpose specified in the ballot measure, there shall be created by the Director of Finance an account into which the proceeds of the bonds will be deposited, and the Director of Finance is hereby directed to provide an annual report to this City Council as required by Section 53411 of the California Government Code. Section 10. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within 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. Section 11. This Resolution shall take effect upon its adoption. * * * * * * ** * ** EXHIBIT A CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 4 (DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND EAST HOUSING SITES) OFFICIAL BALLOT Special Tax and Bond Election (August 21, 2001) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the City Clerk of the City of Alameda no later than immediately after adoption of the resolution of the City Council calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO ". All marks otherwise made are forbidden. All 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 Alameda and obtain another. BALLOT MEASURE: Shall the City of Alameda incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $12,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC Yes: and East Housing Sites) (the "District "), the proceeds of which will be used only to finance all or a portion of the costs of certain demolition and backbone infrastructure specified in the Resolution of Intention to No: form the District and the cost of issuing bonds as well as the establishment of a bond reserve fund; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserve fund for the bonds and to pay the costs of the City in administering the District; and shall the annual appropriations limit of the District be established in the amount of $12,000,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 3- 70.37 and 3 -70.38 of the City of Alameda Special Tax Financing Improvement Code. Number of Votes: Property Owner: Community Improvement Commission of the City of Alameda By: +Executive Director I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a Special Joint City Council, Community Improvement Commission, and Alameda Public Financing Authority meeting assembled on the 21st day of August, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of August, 2001. Lara Weisiger, Acting City Clerk City of Alameda