Resolution 12037RESOLUTION NO. 12037
A RESOLUTION CALLING SPECIAL ELECTION
CITY OF ALAMEDA
Community Facilities District No. 2
(Paragon Gateway)
RESOLVED, by the City Council of the City of Alameda (the "City") that:
WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of
Formation of Community Facilities District, 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. 2 (Paragon Gateway) (the "CFD "), authorizing the levy of a special tax on property within the
CFD and preliminarily establishing an appropriations limit for the C1-D;
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 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 $2,100,000 upon the security of said special tax to be levied within
the CFL);
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 CFD as required by Chapter 16 of
Title III of the Alameda Municipal Code (the "Act").
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Pursuant to Sections 3- 16217, 3 -1667 and 3 -16216 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 CFD at an election called
therefor as provided below.
2. As authorized by Section 3 -1667 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.
3. This City 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 City Council for the purposes of these
proceedings. Accordingly, and pursuant to Section 3 -16217 of the Act, this City Council finds
that for purposes of these proceedings the qualified electors are the landowners within the CFD 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 CFD 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 Council Chambers 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 CFD, and a sufficient description to
allow the City Clerk to determine the boundaries of the CF'D.
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.
5. Pursuant to Section 3 -16218 of the Act, the election shall be conducted by mail or
hand - delivered 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.
6. This City Council acknowledges that the City Clerk has caused to be delivered to each
of the qualified electors of the C 1) 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 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 official.
Analysis and arguments with respect to the ballot measures are hereby waived, as provided
in Section 3 -16218 of the Act.
7. The City Clerk shall accept the ballots of the qualified electors in her office or in the
City Council Chambers upon and prior to the adoption of this Resolution, whether said ballots be
personally delivered or received by mail. The City Clerk shall have available ballots which may be
marked at said location on the election day by said qualified electors.
8. This City Council hereby further finds that the provision of Section 3 -16217 of the Act
requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse
before said special election is for the protection of the qualified electors of the CFD. There is on
file with the City Clerk a written petition executed by the qualified electors of the CFD requesting a
shortening of the time for said special election to expedite the process of formation of the CFD.
Accordingly, this City Council finds and determines that said qualified elector has been fully
apprised of and have agreed to the shortened time for the election 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.
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2
CITY OF ALAMEDA
Community Facilities District No. 2
(Paragon Gateway)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
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 Alameda no later than
immediately after adoption of the resolution of the City Council calling said election, either by mail
or in person. The City Clerk's office is located at 2263 Santa Clara Avenue, Alameda, California,
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, 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 the maximum aggregate principal
amount of $2,100,000, 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 Community Facilities District No. 2
(Paragon Gateway) (the "CFD "), the proceeds of which will be used
to finance certain public improvements and services; shall a special
tax payable solely from lands within the CFD be levied annually
upon lands within the CFD to pay for the principal and interest upon
such bonds, the services and the costs of the City in administering
the CFD, and shall the annual appropriations limit of the CFD be
established in the amount of $2,100,000?
YES:
NO:
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- 16217A
and 3- 163218A of Chapter 16 of Title III of the Alameda Municipal Code.
Number of Votes:
Property Owner:
By:
EXHIBIT A
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 regular meeting assembled on the twentieth day
of November, 1990, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 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 twenty-first day of November,
1990.
Diane Felsch, City Clerk
City of Alameda