HomeMy WebLinkAbout130-8814015 -03 ++*_1 JHHW:SRC:ce 12/02/88 .�
RESOLUTION NO. 130-88
A RESOLUTION CALLING SPECIAL ELECTION
TOWN OF DANVILLE
Community Facilities District No. 1988 -1
(Park Bonds and Services)
S6826
RESOLVED by the Town Council (the "Council ") of the Town of Danville (the
"Town "), County of Contra Costa, California, that:
WHEREAS, on this date, the Council adopted Resolution No. 128 -88, entitled "A
Resolution of Formation of Community Facilities District, Authorizing the Levy of a
Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the
District and Submitting Levy of the Special Tax and the Establishment of the
Appropriations Limit to the Qualified Electors of the District - Community Facilities
District No. 1988 -1 (Park Bonds and Services)" (the "Resolution of Formation "), ordering
the formation of Community Facilities District No. 1988 -1 (Park Bonds and Services) (the
"District "), authorizing the levy of a special tax on property within the District and
preliminarily establishing an appropriations limit for the District;
WHEREAS, on this date, the Council also adopted Resolution No. 129 -88, entitled
"A Resolution Determining the Necessity to Incur Bonded Indebtedness Within
Community Facilities District and Submitting Proposition to the Qualified Electors of the
District - Community Facilities District No. 1988 -1 (Park Bonds and Services)" (the
"Resolution to Incur Indebtedness "), determining the necessity to incur bonded
indebtedness in the maximum aggregate principal amount of $10,000,000 upon the
security of said special tax to be levied within the District; 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 District 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
said appropriations limit shall be submitted to the qualified electors of the District 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. Said form of
ballot is hereby approved.
3. The Council hereby finds that more than 12 persons have been registered to
vote within the territory of the District 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
registered voters within the District and that the vote shall be by said voters.
4. The Council hereby calls a special election to consider the measure described
in paragraph 2 above, which election shall be held on March 7, 1989 (the "Election Day "),
during which the polls shall be open between the hours of 7:00 o'clock a.m. and 8:00
o'clock p.m., inclusive. The Clerk of the County of Contra Costa is hereby designated as
the official to conduct said election (the "Election Official "). The Election Official is
hereby requested to provide such services as may be necessary to properly and lawfully
hold and conduct the special election pursuant to the provisions hereof and applicable
provisions of the California Elections Code. The Town Clerk is hereby authorized and
directed to work with the Elections Official and other appropriate officials of the County
of Contra Costa to ensure that the applicable requirements of the Elections Code are
met, including, but not limited to the preparation and provision to the voters of a
statement required by and specified in Section 5301 of the Elections Code.
5. Pursuant to Section 53327 of the Act, the provisions of the California Elections
Code relating to municipal elections shall govern said special election. There shall be
prepared and included in the ballot material provided to each voter, an impartial analysis
prepared by the Town Attorney pursuant to Section 5011 of the Elections Code and
arguments and rebuttals, if any, pursuant to Sections 5012 to 5016 inclusive, and 5025 of
the Elections Code.
6. Pursuant to Section 53326 of the Act, and within three (3) business days of the
adoption of the aforesaid Resolution of Formation, the Town Clerk shall cause to be
provided to the Election Official a certified copy of the Resolution of Formation, the
Resolution Determining to Incur Bonded Indebtedness, and of this Resolution Calling
Special Election together with a certified copy of said map of the proposed boundaries
of the District, as filed with the Recorder of the County of Contra Costa.
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ADOPTED by the Town Council of the Town of Danville at a regular meeting held
on November 30, 1988, by the following vote:
AYES: Councilmembers: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSENT: NONE
Mayor
owri Clerk
APPROVED AS TO FORM:
Z Mark Doane, Town Attorne -
-3-
DEC 05 1 88 11:55 JONES HALL �.L & WHITE, SF CA P•
ttiuta -us JMMW:SRCme 11/28/es $6928
TOWN OF DANVILLE
Community Faciliti District No. 1888 -1
(Park Bonds 'and Services)
The ballot measure shall be substantially In the following form.
BALLOT MEASURE! Shall the Town of Danville incur an Indebtedness and
Issue bonds In the maximum aggregate principal amount of $10,000,000, 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 Community Facilities district
No. 1988 -1 (Park Bonds and Services) (the "District "), the proceeds of which
will be used to acquire and construct facilities within the District; shall a special
tax payable solely from residential lands within the District be levied annually
upon lands within the District to pay for the principal and Interest upon such
bonds, the costs of certain maintenance services of the facilities and the costs
of the Town of Danville in administering the District, and shall the
appropriations limit of the District be established In the amount of
$40,000,
EXHIBIT A
DE, &A5 '88 11:55 JONES HALL --- "'L & WHITE, SF CA �` P.7
JH 11 /P3188 58830
TOWN OF DANVILLE
Community Facilities District No. 1988 -1
(Park Bonds and Services)
The ballot measure shall be substantially In the following form.
BA LLOT MEASURE: Shall the Town of Danville Incur an Indebtedness and
Issue bonds In the maximum aggregate principal amount of $10,000,000, 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 Community Facilities District
No. 1988 -1 (Park Bonds and Services) (the "District "), the proceeds of which
will be used to acquire and construct facilities within the District; shall a special•
tax payable solely from residential lands within the District be levied annually
upon lands within the District to pay for the principal and Interest upon such
bonds, the costs of certain maintenance services of the facilities and the costs
of the Town of Danville in administering the District, and shall the
appropriations limit of the District be established In the amount of
$40,000,
EXHIBIT A