CC Resolution 11475RESOLUTION NO. , , „-~
RESOLUTION CALLING SPECIAL LANDOWNER ELECTION
CITY OF CAMPBELL
Community Facilities District No. 1
WHEREAS, this Council has adopted a resolution entitled "Resolution of Formation of Community
Facilities District" (the "Resolution of Formation"), ordering the formation of the "City of Campbell
Community Facilities District No. 1" (the "CFD"), defining the public 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 Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government 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.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell as follows:
1. Issues Submitted. Pursuant to 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 Section 53326 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 hearing.
3. Conduct of Election. This Council hereby calls a special election to consider the issues
described in section 2, above, which election shall be held on November 5, 2012, and the results
thereof canvassed at the meeting of this Council on November 5, 2012. 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 map of the boundaries of the CFD, and a sufficient description to allow the Clerk to
determine the electors of the CFD. Pursuant to Section 53327 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 Section 4108 is applicable to this special election,
except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date
of the election.
4. Ballot. As authorized by Section 53353.5 of the Act, the issues described in section 1 above
shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit "A" 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 ballot 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 Section 53326 of the Act
requiring a minimum of 90 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 Section 53327 of the Act.
6. Accountability. Under Section 50075.1 of the Government Code, the following
accountability provisions shall apply to the special taxes: (a) the Services and the incidental costs
thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b)
the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be
created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall
be caused to be prepared an annual report if required by Section 50075.3 of the Government Code.
Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this stn day of November , 2012 by the following roll call vote:
AYES COUnCilmemberS: Cristina, Baker, Waterman, Low, xotowski
NOES Councilmembers: None
ABSENT : Councilmembers: None
ABSTAIN: Councilmembers: None
PROVED:
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Michael F. Kotowski, Mayor
ATTEST•
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Anne Bybee, City Clerk
EXHIBIT A
CITY OF CAMPBELL
Community Facilities District No. 1
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 Campbell no later
than the hour of 7:30 p.m. on Monday, November 5, 2012, either by mail or in person. The City
Clerk's office is located at 70 North First Street, Campbell, California.
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
Campbell and obtain another.
BALLOT MEASURE: Shall the City of Campbell be authorized to
annually levy a special tax solely on lands within the City of
Campbell Community Facilities District No. 1 (the "CFD") in
accordance with the rate and method contained in the "Resolution
of Formation of Community Facilities District" for the CFD
("Resolution of Formation") adopted by the City Council of the City
on November 5, 2012, commencing in the City's fiscal year 2013-
14, to pay for the municipal services described in the Resolution of
Formation and to 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 $450,000?
YES:
NO:
By execution in the space provided below, the voter also confirms (i) its 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 and (iii) the voter's land will be subject to the
special tax on thesame basis as private property within the district and the voter waives any
defense based on the fact of public ownership to anyaction to foreclose on the property in the
event of nonpayment of thespecial tax.
Number of Votes:
Property Owner:
[property owner name]
[signature block]
Exhibit A
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