Loading...
CC Resolution 11476RESOLUTION NO. 11476 RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 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"), 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"). WHEREAS, under the provisions of the Resolution of Formation and pursuant to a resolution entitled "Resolution Calling Special Landowner Election" (the "Election Resolution") heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the provisions of the Act. WHEREAS, pursuant to the terms of the Election Resolution, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached hereto as Exhibit A; and WHEREAS, this Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell as follows: Recitals. The foregoing recitals are all true and correct. 2. Issues Presented. The issues presented at the special election were the levy of a special tax within the CFD and the approval of an annual appropriations limit of not to exceed $450,000, all pursuant to the Resolution of Formation. 3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than two-thirds of the votes cast at the special election. 4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with the Act. 5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Santa Clara a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this resolution by the Council 6. 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, saker, Waterman, Low, xotowsk NOES Councilmembers: None ABSENT : Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: ( ~ ~ Michael F. Kotowski, Mayor ATTES . ~ ~ ~~ i ~x~~,~~~~t~- Anne Bybee, City Clerk EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF CAMPBELL Community Facilities District No. 1 I hereby certify that on November 5, 2012, I canvassed the returns of the election held on November 5, 2012, in the City of Campbell Community Facilities District No. 1 and the total number of ballots cast in such District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO City of Campbell Community Facilities District No. 1 Special Tax Election, November 5, 2012. 2 2 x 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: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on November 5, 2012. %~~~ u-~, ey: f'~`~ City Clerk, City of~Campbell Exhibit A Page 1