Resolution 11683RESOLUTION NO. 1 1 6 8 3
A RESOLUTION CALLING SPECIAL ELECTION
CITY OF ALAMEDA
Community Facilities District No. 1
(Harbor Bay)
RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "),
County of Alameda, State of California, that:
WHEREAS, on this date, the Council adopted Resolution No. 11681, entitled "A
Resolution of Formation of Community Facilities District, Authorizing the Levy of a
Special Tax Within the City, Preliminarily Establishing an Appropriations Limit for the City
and Submitting Levy of the Special Tax and the Establishment of the Appropriations
Limit to the Qualified Electors of the City — Community Facilities District No. 1 (Harbor
Bay)" (the "Resolution of Formation "), ordering the formation of Community Facilities
District No. 1 (Harbor Bay) (the "CFD "), authorizing the levy of a special tax on property
within the CFD and preliminarily establishing an appropriations limit for the CFD;
WHEREAS, on this date, the Council also adopted Resolution No. 11682, entitled
"A Resolution Determining the Necessity to Incur Bonded Indebtedness Within
Community Facilities District and Submitting Proposition to the Qualified Electors of the
City — Community Facilities District No. 1 (Harbor Bay)" (the "Resolution to Incur
Indebtedness "), determining the necessity to incur bonded indebtedness in the maximum
aggregate principal amount of $17,000,000 upon the security of said special tax to be
levied within the CFD; 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 CFD as
required by the Mello —Roos Community Facilities Act of 1982, as amended (the "Act ").
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the
levy of said special tax, the incurring of bonded indebtedness and the establishment of
the 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 53353.5 of the Act, the three 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. The form of
ballot is hereby approved.
3. The 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 the Council for the purposes
of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the
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 with each
landowner having one vote for each acre or portion thereof of land owned by such
landowner within the CFD as of the close of said public hearing.
4. The Council hereby calls a special election to consider the measure described
in paragraph 2 above. The City Clerk is hereby designated as the official to conduct the
election. The City Clerk has on file the Resolution of Formation, a map of the proposed
boundaries of the CFD, and a sufficient description to allow the City Clerk to determine
the boundaries of the CFD.
5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail
or hand delivered ballot pursuant to Section 1340 of the California Elections Code. The
Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(3) of said Section 1340 are
applicable to this special election.
6. The City Clerk shall cause to be delivered to each of the qualified electors of
the District, prior to the date fixed for the election, 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 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, having 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 and is to be opened only by the
canvassing board.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
7. The City Clerk shall accept the ballots of the qualified electors at her office at
City of Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, 94501, until the
close of business of the City on Friday, March 31, 1989, or such later time as may be
agreed upon between the City and all of the qualified electors. The City Clerk shall have
available ballots which may be marked at her office at the time of election by said
qualified electors.
8. The Council hereby further finds that the provision of Section 53326 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 request executed by each of the
qualified electors of the CFD requesting a shortening of the time for said special election
and otherwise waiving notice of said election, all to expedite the process of formation of
the CFD. Accordingly, the Council finds and determines that each of said qualified
electors have been fully apprised of and have agreed to the shortened time for the
election and have thereby been fully protected in these proceedings. The Council also
finds and determines that the City Clerk has concurred in the shortened time for the
election.
CITY OF ALAMEDA
Community Facilities District No. 1
(Harbor Bay)
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 the close of business March 31, 1989, unless such date is otherwise extended
by agreement of the City of Alameda and the qualified electors. The ballot must be
returned either by mail or in person. The City Clerk's office is located at the City of
Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, 94501.
To vote, mark a cross (X) in the voting square 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 on behalf of
Community Facilities District No. 1 (Harbor Bay) (the "CFD ")
incur an indebtedness and issue bonds in the m.aximnum
aggregate principal amount of $17,000,000, 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 CFD,
the proceeds of which will be used to acquire and construct
public facilities within the CFD; 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 and pay the costs of the City of Alameda in
administering the CFD, and shall the appropriations limit of
the CFD be established in the amount o $17,000,000?
By execution in the space provided below, you also indicate your waiver of the
time limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b) of the California Government Code and the
waiver of published notice of the election.
Number of Votes:
Property Owner:
By:
EXHIBIT A
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by
the Council of the City of Alameda in regular meeting
assembled on the 21$t of March, 1989,
by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Monsef and
President Corica - 4.
NOES: Councilmember Thomas - 1.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 22nd day of
March, 1989.
City
lerk of the City of Alameda