CC Resolution 11617
RESOLUTION NO. ii6v
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
CALLING SPECIAL LANDOWNER ELECTION FOR A COMMUNITY
FACILITIES DISTRICT
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 2
(Public Services)
WHEREAS, this Council has adopted a resolution entitled "A Resolution of the City
Council of the City of Campbell Forming a Community Facilities District" (the
"Resolution of Formation"), ordering the formation of the "City of Campbell Community
Facilities District No. 2 (Public Services)" (the "CFD") and a future annexation area (the
"Future Annexation Area"), 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, by 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 therefor 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 19,
2013, and the results thereof canvassed at the meeting of this Council on November 19,
2013. 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.
7. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 19~h day of November, 2013, by the following roll call vote:
AYES Councilmembers: xotowski, Cristina, Baker, Waterman, Low
NOES Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN : Councilmembers: None
APPROVE
Evan D. Low, Mayor
ATTEST:
-ft-' C
Anne Bybee, City Clerk
EXHIBIT A
CITY OF CAMPBELL
Community Facilities District No. 2
(Public Services)
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 Tuesday, November 19, 2013, 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.
2 (Public Services) (the "CFD") in accordance with the rate
and method contained in the resolution of the City Council
entitled "A Resolution of the City Council of the City of
Campbell Forming a Community Facilities District," adopted
on November 19, 2013, commencing in the City's fiscal year
2014-15, to pay for the municipal services described in such
Resolution 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 $1,000,000?
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.
Acres:
Number of Votes:
Property Owner:
[NAME OF PROPERTY OWNER]
By:
Name:
Title: