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HomeMy WebLinkAboutReso 95-053 - Annexation of Community Facilities Dist No 1992-1 - Resolution calling Special Mailed-Ballot Election RESOLUTION NO. 1 RESOLUTION CALLING SPECIAL MAILED-BALLOT ELECTION ANNEXATION NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 1992-1 CITY OF REDDING COUNTY OF SHASTA, STATE OF CALIFORNIA The City Council of the City of Redding resolves: 1. Reference is made to the Council's Resolution No. 95-52 (Resolution of Annexation of Territory to CFD 1992-1). 2. The levy of special tax proposed in the Resolution of Annexation of Territory to CFD 1992-1 shall be submitted to the voters pursuant to Government Code Section 53326. 3. The ballot language shall be as shown on the form of ballot attached hereto as Exhibit 'A which form of ballot is hereby approved. 4. This Council hereby accepts the Certificate of Director of Planning heretofore filed in these proceedings and finds, in accordance therewith, that presently there are or, at some point in the 90 days just past, there have been fewer than 12 registered voters residing within the boundaries of territory to be annexed to CFD 1992-1. Accordingly, under Government Code Section 53326(b) the voters in this election shall be the landowners owning land within the territory to be annexed to CFD 1992-1. 5. The Council further finds that the landowners of record owning property within the territory to be annexed to CFD 1992-1 are those set forth in the attachment to the Certificate of Director of Planning and that the attachment correctly sets forth the amount of property owned by each landowner And the number of votes to which each is entitled. 6. This Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in Annexation No. 2 of Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California, attached hereto as Exhibit "B. " The Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters and that the waiver constitutes a full and knowing waiver, by any voter who has executed the form, of those rights, procedures and time periods. tt? 7. The Council accepts the Certificate of the City Clerk of the City of Redding that 100% of the voters eligible to vote in this election have delivered to the City Clerk properly executed waivers in the form of Exhibit "B". 8. Accordingly, this Council hereby calls the special election described herein and sets February 21, 1995 as election day. Pursuant to Government Code Section 53326(d), the election shall be conducted by mailed ballot. 9. The City Clerk is directed to mail or deliver the ballots, in the form of Exhibit "A"hereto, to the landowners shown on the attachment to the Certificate of Director of Planning. The City Clerk shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate of Director of Planning, before delivery or mailing. 10. The City Clerk shall accept personal or mail delivery of the ballots at any time prior to the close of the Council meeting on February 21, 1995. Upon receipt of all eligible ballots, however, the City Clerk shall immediately close the election and declare the results to the City Council. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Redding, Shasta County, California, at a regular meeting thereof, held on the 21st day of February, 1995. AYES: Councilmembers: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None CONNIE STROP-MAYER, City Clerk, City of Redding, Shasta 0-ourity, California By .` `A a:cal lelec.rso EXHIBIT "A" ANNEXATION NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 1992-1 CITY OF REDDING COUNTY OF SHASTA, STATE OF CALIFORNIA SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of. a landowner owning land within territory to be annexed to Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California. According to the provisions of the Mello-Roos Community Facilities Act of 1982, and the resolutions of the City Council of the City of Redding, the above-named landowner is entitled to cast votes on this ballot. In order to be counted, this ballot must be certified below and be returned, either by mail or in person, prior to the close of the Council meeting on February 21, 1995, to: Connie Strohmayer, City Clerk City of Redding 760 Parkview Avenue Redding, CA 96001 Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. DO NOT MARK WITH AN "X" OR OTHER MARK. WRITE NUMBERS ONLY IN THE SPACES PROVIDED. BALLOT MEASURE BONDS Shall the parcels of property listed in the Number of votes YES Resolution of Intention to Annex Territory, Resolution No. 95-19, dated January 17, 1995, be annexed to CFD 1992-1, and be subject to Special Tax to the same extent as all parcels Number of votes NO of land already within CFD 1992-1? [Note: the only mark permitted above is a NUMBER] Certification The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1995. PHILLIP A. PERRY, Director Planning and Community Development a:ballot . • EXHIBIT "B" WAIVER AND CONSENT SHORTENING TIME PERIODS AND WAIVING REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION ANNEXATION NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 1992-1 CITY OF REDDING COUNTY OF SHASTA, STATE OF CALIFORNIA The undersigned is the authorized representative of , the owner of assessor's parcel numbers within the above-captioned Annexation No. 2 of Community Facilities District ("CFD"). The undersigned is the person legally entitled and authorized to cast the ballots for the above- referenced owner attributable to the above-referenced parcels in the landowner, mailed-ballot election to be conducted within the CFD to determine, among other things, whether certain land, including land owned by the above-referenced owner, shall be subject to special tax. The undersigned, on behalf of the above-referenced owner, hereby waives any and all minimum time periods relative to the election pursuant to Government Code Section 53326(a). The undersigned, on behalf of the above-referenced owner, hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of Government Code Section 53327(b). The undersigned, on behalf of the above-referenced owner, hereby waives the requirement to publish notice of the election under Government Code Section 53352. The undersigned, on behalf of the above-referenced owner, hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 1351, and agrees to accept either mailed service or personal service of the ballot. . The undersigned, on behalf of the above-referenced owner, hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in Government Code Section 53327.5. Further, the undersigned, on behalf of the above-referenced owner, hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent at the particular instance and request of the above-referenced owner. I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and that this declaration is executed on February 21, 1995. PHII_LII' A. PERRY a:wav-con.exb