Resolution 13645CITY OF ALAMEDA RESOLUTION NO.13 6 4 5
CALLING SPECIAL ELECTION
COMMUNITY FACILITIES DISTRICT NO. 03 -1 OF THE CITY OF ALAMEDA
(BAYPORT MU[N]ICIPAL SERVICES DISTRICT)
WHEREAS, this Council has adopted a resolution entitled "A Resolution of Formation of
A Community Facilities District, (the "Resolution of Formation "), ordering the formation of
Community Facilities District No. 03 -1 of the City of Alameda (Bayport Municipal Services
District) (the "CFD "), defining the municipal services (the "Services ") to be provided by the
CFD, authorizing the levy of a special tax on property within the CFD and preliminarily
establishing an appropriations limit for the CFD, all pursuant to the City of Alameda Special Tax
Financing Improvement Code, commencing with Subsection 3 -70.1 of the Alameda Municipal
Code (the "Act "); and
WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions
of the levy of the special tax and the establishment of the appropriations limit shall be submitted
to the qualified electors of the CFD as required by the provisions of the Act.
that:
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
1. Issues Submitted. Pursuant to Subsections 3 -70.37 and 3 -70.36 of the Act, the
issues of the levy of the special tax and the establishment of the appropriations limit shall be
submitted to the qualified electors (as defined below) of the CFD at an election called therefore
as provided below.
2. Qualified Electors. This Council hereby finds that fewer than 12 persons have
been registered to vote within the territory of the CFD for each of the ninety (90) days preceding
the close of the public hearings heretofore conducted and concluded by this Council for the
purposes of these proceedings. Accordingly, and pursuant to Subsection 3 -70.37 of the Act, this
Council finds that, for these proceedings, the qualified electors are the landowners within the
CFD and that the vote shall be by such landowners or their authorized representatives, each
having one vote for each acre or portion thereof such landowner owns in the CFD as of the close
of the public hearings.
3. Conduct of Election. This Council hereby calls a special election to consider the
measures described in section 1 above, which election shall be held on October 21, 2003, and the
results thereof canvassed at the meeting of this Council on October 21, 2003. The City Clerk is
hereby designated as the official to conduct the election and to receive all ballots until the close
of business on the election date. It is hereby acknowledged that the Clerk has on file the
Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient
description to allow the Clerk to determine the electors of the CFD. Pursuant to Subsection 3-
70.38 of the Act, the election shall be conducted by messenger or mail - delivered ballot pursuant
to Section 4000 of the California Elections Code. This Council hereby finds that paragraphs (a),
(b), (c) (1) and (c) (3) of Section 4000 are applicable to this special election.
4. Ballot. The two propositions described in section 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 and the form of ballot is hereby approved. The City Clerk is hereby
authorized and directed to cause a ballot, in substantially the form of Exhibit "A," to be delivered
to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be
voted by the respective landowner to which the bailot pertains. Each ballot shall be 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 shall be enclosed with the ballot, have the return postage
prepaid, and contain 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:
5. Waivers. This Council hereby further finds that the provisions of Subsection 3-
70 -37 of the Act requiring a minimum of five days following the adoption of the Resolution of
Formation to elapse before the special election are for the protection of the qualified electors of
the CFD. There is on file with the Clerk a written waiver executed by all of the qualified electors
of the CFD allowing for a shortening of the time for the special election to expedite the process
of formation of the CFD and waiving any requirement for notice, analysis and arguments in
connection with the election. Accordingly, this Council finds and determines that the qualified
electors have been fully apprised of and have agreed to the shortened time for the election and
waiver of analysis and arguments,' and have thereby been fully protected in these proceedings.
This Council also finds and determines that the City Clerk has concurred in the ` shortened time
for the election. Analysis and arguments with respect to the ;ballot measures are hereby waived,
as provided in Subsection 3-70.38 of the Act
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO 03 -1 OF THE CITY OF ALAMEDA
(BAYPORT MUNICIPAL SERVICES DISTRICT)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot, either by
mail or in person, in the enclosed postage paid envelope to the office of the City Clerk of the City
of Alameda no later than one hour following the conclusion of the public hearing scheduled to be
held by the City Council at its regular meeting on Tuesday, October 21, 2003, at 7:30 p.m. at City
Hall relative to the formation of Community Facilities District No 03 -1 of the City of Alameda
(Bayport Municipal Services District). The City Clerk's office is located in City Hall at 2263
Santa Clara Avenue, Alameda, CA 94501.
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,
Alameda and obtain another.
ear, or deface this ballot, return it to the City Clerk of the City of
BALLOT MEASURE: Shall a special tax payable solely from
lands within Community Facilities District No 03-1 of the City of
Alameda (Bayport Municipal Services District) (the "CFD ") be
evied annually, commencing in the City's fiscal year 2003 -2004,
upon lands within the CFD to pay the costs of providing certain
unicipal services and pay the costs of the City in administering
the CFD, and shall the annual appropriations limit of the CFD, be
established in the amount of $10,000,000?
YES:
NO:
By execution in the space provided below, you also confirm your written 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.
Number of Votes:
Property Owner:
By:
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 Housing Authority Board of Commissioners meeting
assembled on the 4th day of November, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Kerr, and Mayor Johnson - 4.
NOES: None.
ABSENT: Councilmember Matarrese -
ABSTENTIONS: None.
IN WITNESS, WHEREOF, T have hereunto set my hand and affixed the official seal of said Ci
5th day of November, 2003.
ara Weisiger, City
City of Alameda