HomeMy WebLinkAboutRES NO 122-13RESOLUTION NO. 122- 13
A RESOLUTION OF THE CITY OF BAKERSFIELD
CALLING SPECIAL MAILED - BALLOT ELECTION
WITHIN CITY OF BAKERSFIELD POLICE AND FIRE
SERVICES COMMUNITY FACILITIES DISTRICT NO.
2013 -1 (WEST MING SPECIFIC PLAN)
WHEREAS, the City Council of the City of Bakersfield (the "City ") duly
adopted its Resolution No. 1752 on June 5, 2013, amended and restated by
Resolution No. 1757 duly adopted on July 17, 2013 (as amended and restated,
the "Resolution of Intention ") wherein the City Council declared its intention to
and proposed to establish a community facilities district within its jurisdictional
boundaries under and pursuant to the terms and provisions of the "Mello -Roos
Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of
the Government Code of the State of California (the "Act ") to be known and
designated as "City of Bakersfield Police and Fire Services Community Facilities
District No. 2013 -1 (West Ming Specific Plan)" (the "Community Facilities District "),
to finance certain public services; and
WHEREAS, the Resolution of Intention set a public protest hearing to be
held on September 11, 2013 (the "Public Hearing "); and
WHEREAS, on September 11, 2013, at the time and place set, the Public
Hearing was conducted by the City Council; and
WHEREAS, at the close of the Public Hearing, the City Council determined
that there was no majority protest under Section 53324 of the Government
Code; and
WHEREAS, at the conclusion of the Public Hearing, the City Council
adopted its Resolution No. 121 -13 establishing the Community Facilities
District (the "Resolution of Formation ") pursuant to Section 53325.1 of the
Government Code; and
WHEREAS, in order to proceed with the levy of the special tax and
establishment of an appropriations limitation for the Community Facilities District,
as provided by the Resolution of Formation, the two matters must be submitted
to an election of the qualified electors of the Community Facilities District; and
WHEREAS, the two ballot questions just described may be combined into a
single ballot measure pursuant to Section 53353.5 of the Government Code, as
provided in the form of special election ballot attached hereto as Exhibit A and
by this reference incorporated herein; and
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WHEREAS, a Certificate Relative to Voters (the "Certificate re: Registered
Voters ") has been filed with the City Clerk and submitted to the City Council,
certifying that during the ninety days preceding the close of the Public Hearing
on September 11, 2013, there were times when there were fewer than twelve
persons registered to vote within the territory of the Community Facilities District;
and
WHEREAS, a Certificate Relative to Landowners (the "Certificate re:
Landowners ") has been filed with the City Clerk and submitted to the City
Council, certifying the identities of the owners of land (the "Landowners ") within
the Community Facilities District, the amount of land area, in acres, owned by
each Landowner, and the resulting number of votes that each Landowner is
entitled to cast in the proposed special mailed - ballot election to be held within
the Community Facilities District; and
WHEREAS, a Certificate of the City Clerk re: Receipt of Property Owner
Waiver and Consent Forms, has been submitted by the City Clerk, stating that
each Landowner, or an authorized representative of each Landowner, has filed
with the City Clerk a properly executed Waiver, Consent and Appointment (as
defined below) substantially in the forms attached hereto as Exhibit B, and by
this reference incorporated herein; and
WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The City Council finds and determines that the foregoing
recitals are true and correct.
Section 2. The City Council accepts the Certificate re: Registered Voters
heretofore filed in these proceedings and finds, in accordance therewith, that
there have been times during the ninety days just past when there have been
fewer than twelve registered voters residing within the boundaries of the
Community Facilities District. Accordingly, under Section 53326(b) of the
Government Code, the qualified electors of the Community Facilities District for
the proposed special election shall be the owners of land within the Community
Facilities District.
Section 3. The City Council accepts the Certificate re: Landowners
heretofore filed in these proceedings and finds, in accordance therewith, that
the owners of land within the Community Facilities District are the Landowners
set forth in the attachment to the Certificate re: Landowners and that the
attachment correctly sets forth the amount of property owned by each
Landowner and the number of votes to which each Landowner is entitled
pursuant to Section 53326(b), being the number of acres owned rounded up to
the next whole acre.
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Section 4. The City Council hereby approves the form of "Waiver and
Consent Shortening Time Periods and Waiving Various Requirements for
Conducting a Mailed - Ballot Election and Appointment of Representative to Act
for Property Owner in Voting and Casting Ballot" (the "Waiver, Consent and
Appointment ") by which the time limits and related requirements respecting
preparation and distribution of election materials are waived, a copy of which is
attached hereto as Exhibit B. The City Council hereby finds that the rights,
procedures and time periods therein waived are solely for the protection of the
qualified electors and may be waived by the qualified electors under Section
53326(a) and 53327(b) of the Act and under other provisions of law dealing with
waiver generally, and that the Waiver, Consent and Appointment constitutes a
full and knowing waiver, by any qualified elector who has executed the form, of
those rights, procedures and time periods.
Section 5. The City Council further finds and determines, based on a
Certificate of City Clerk re: Receipt of Property Owner Waiver and Consent
Forms, provided this date by the City Clerk, that each Landowner, or an
authorized representative of each Landowner, has filed with the City Clerk a
properly executed Waiver, Consent and Appointment. The City Council
therefore is establishing the procedures and time periods for this special mailed -
ballot election without regard to statutory schedules.
Section 6. Pursuant to Sections 53326 and 53351 of the Government
Code, the City Council hereby calls an election, to be held and conducted
forthwith upon adoption of this Resolution, and sets September 11, 2013, as the
election date. Pursuant to Section 53326 of the Government Code, the election
shall be conducted by mailed ballot; provided that personal service of the
respective ballots to authorized representatives of each Landowner is permitted
under the terms of the Waiver, Consent and Appointment forms on file with the
City Clerk and shall therefore be permitted. The City Clerk is directed to either
mail or make personal service of the ballots, in the form of the attached Exhibit
A, to each Landowner or, if one has been appointed pursuant to a Waiver,
Consent and Appointment, to the Landowner's authorized representative.
Section 7. The proposition to be submitted to the qualified electors of
the Community Facilities District shall be as set forth in the form of special
election ballot attached hereto as Exhibit A.
Section 8. The City Clerk is hereby designated as the official to conduct
the special mailed - ballot election pursuant to the Act and California Elections
Code Sections 307 and 320 and the following provisions:
(a) The special election shall be held and conducted, and
the votes canvassed and the returns made, and the results
determined, as provided herein; and in all particulars not prescribed by
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this Resolution the special election shall be held and conducted and
the votes received and canvassed in the manner provided by law for
the holding of special elections consistent with the Act.
(b) All Landowners within the Community Facilities District
as of the close of the Public Hearing shall be qualified to vote upon the
proposition to be submitted at the special election.
(c) The special election shall be conducted as a mailed -
ballot election, in accordance with the provisions of the Act and the
proceedings of the City Council, and there shall be no polling places
for the special election. All ballots shall be delivered or mailed by the
City Clerk to the Landowners, and all voted ballots are required to be
received by the City Clerk not later than 11:59 o'clock p.m. on the day
of the election in order to be counted. However, if at any time the City
Clerk determines that all votes have been cast, the City Clerk shall
immediately declare the election closed pursuant to Section 53326(d)
of the Act.
(d) Each voter desiring to vote in favor of the proposition to
be submitted at the special election shall mark a cross (x) or similar
mark in the blank space opposite the word "YES" on the ballot to the
right of the proposition; and each voter desiring to vote against the
proposition shall mark a cross (x) or similar mark in the blank space
opposite the word "NO" on the ballot to the right of the proposition.
The cross (x) or similar mark may be marked with either pen or pencil.
(e) The City Clerk shall commence the canvass of the
returns of the special election, and report the returns to the City
Council as soon as she may.
(f) The City Council may thereupon declare the results of
the special election, and shall cause to be spread upon its minutes a
statement of the results of the special election as ascertained by the
canvass.
Section 9. This resolution shall take effect from and after its passage and
adoption.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 1 1 1013 , by the following vote:
E'S COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHeSON
TITO ES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER NUN,-
ABSENT: COUNCIL MEMBER of d�az
APPROVED
SEP 11 2013
HARVEY L.
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ANDREW HEGLUND
Deputy City Attorney
AH /A
4dZ4 ZW44e�7
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\ COUNCIL \Resos \13- 14 \WestMingCFD- Calling Election,Reso.docx
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GRIGiNAI.
CLERK'S CERTIFICATE
I, Roberta Gafford, Clerk of the City of Bakersfield, do hereby certify
as follows:
The foregoing resolution is a full, true and correct copy of a
resolution duly adopted at a regular meeting of the City Council of said
Authority duly and regularly held at Council Chambers City Hall, 1600 Truxtun
Avenue, Bakersfield 93301 on the 11 th day of September, 2013, of which
meeting all of the members of said City Council had due notice and at which a
majority thereof were present, and that at said meeting said resolution was
adopted by the following vote:
AYES: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
NOES: NONE
ABSENT: NONE
An agenda for said meeting was posted at least seventy -two (72)
hours before said meeting at the Council Chambers City Hall, 1600 Truxtun
Avenue, Bakersfield 93301 , a location freely accessible to members of the
public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes
of said meeting on file and of record in my office, and the foregoing is a full, true
and correct copy of the original resolution adopted at said meeting and
entered in said minutes.
Said resolution has not been amended, modified or rescinded since
the date of its adoption and the same is now in full force and effect.
Dated: _ 1, 2013.
Roberta Gafford, Cle
City of Bakersfield, California
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EXHIBIT A
CITY OF BAKERSFIELD
POLICE AND FIRE SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2013 -1
(WEST MING SPECIFIC PLAN)
SPECIAL ELECTION BALLOT
FOR THE SPECIAL MAILED- BALLOT ELECTION OF SEPTEMBER 11, 2013
This ballot is for the use of , a
landowner within the City of Bakersfield Police and Fire Services Community
Facilities District No. 2013 -1 (West Ming Specific Plan).
According to the provisions of the Community Facilities Act of 1982, and
the resolution of the City Council of the City of Bakersfield, such 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, before 5:30 p.m. on Wednesday,
September 11, 2013, to: Roberta Gafford, City Clerk, City of Bakersfield,
1600 Truxtun Avenue, Bakersfield, California 93301
Mailing by that date will not be sufficient, as the ballot must be physically
received by the City Clerk prior to the deadline in order to be counted.
AN "V OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS
BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED.
BALLOT MEASURE
Shall the City Council of the City of Bakersfield be authorized to
levy a special tax in its Police and Fire Services Community
Facilities District No. 2013 -1 (West Ming Specific Plan) (the
"Community Facilities District ") on an annual basis to pay for
certain public services which are in addition to the services
currently provided in the territory of the Community Facilities
District as described in the Resolution of Formation adopted by the
City Council on September 11, 2013, and shall an annual
appropriations limit in the amount of two million one hundred forty
thousand dollars ($2,140,000) be established for fiscal year 2013-
2014 in connection with the Community Facilities District?
A -1
Number of
votes
YES
Number of
votes
NO
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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 September , 2013.
M.-IM
Authorized Representative
Print Name
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EXHIBIT B
WAIVER AND CONSENT
SHORTENING TIME PERIODS AND WAIVING VARIOUS
REQUIREMENTS FOR CONDUCTING A MAILED - BALLOT ELECTION
AND APPOINTMENT OF REPRESENTATIVE TO ACT FOR PROPERTY OWNER
IN VOTING AND CASTING BALLOT
CITY OF BAKERSFIELD
POLICE AND FIRE SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2013 -1
I [We],
(print name[s])
(referred to in this document collectively as the "Undersigned ") declare (check
one):
The Undersigned are ALL of the owners (hereinafter the "Owners ")...
OR
The Undersigned is the authorized representative of, and in executing this
document is acting for, ALL of the owners (and has attached hereto evidence of
the Undersigned's authority to act for ALL of the owners in this regard, which
owners are listed here:
of the real property listed below by Assessor's Parcel Number ( "APN ") or for
which a legal description is set forth below, which is within the proposed City of
Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West
Ming Specific Plan) (the "Community Facilities District "). The legal description or
APN's are:
This real property will be referred to hereinafter as the "Property."
The Undersigned understands that a special mailed - ballot, landowner
election will be held to determine whether the authority to levy an annual
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special tax on property within the Community Facilities District, including the
Property, to finance police and fire services, and to establish an appropriations
limit for the Community Facilities District, all as set forth in Resolution No. 1752
adopted by the City Council of the City of Bakersfield, County of Kern on June 5,
2013 ( "Resolution No. 1752 "), as Amended and Restated by Resolution No. 1757
adopted by the City Council of the City of Bakersfield, County of Kern on July 17,
2013 ( "Resolution No. 1757" and, together with Resolution No. 1752, the
"Resolution of Intention "), will be conferred upon the City Council.
The Undersigned, on behalf of the Owners, requests that the election be
conducted at the earliest possible date. The Undersigned is the person legally
entitled and authorized to execute this Waiver, Consent and Appointment form
with respect to the Property in connection with the landowner, mailed - ballot
election.
The Undersigned, on behalf of the Owners, 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 Owners, 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 Owners, hereby waives the requirement
to publish notice of the election under Government Code Section 53352.
The Undersigned, on behalf of the Owners, hereby waives the
requirements regarding the time to mail ballots to the qualified electors under
Elections Code Section 4101, and agrees that either mailed service or personal
service of the ballot will be sufficient.
The Undersigned, on behalf of the Owners, hereby waives the
requirements regarding identification envelopes for the return of mailed ballots
contained in Government Code Section 53327.5.
The Undersigned, on behalf of the Owners, hereby waives any and all
defects in notice or procedure in the conduct of the election, whether known or
unknown (except the right to vote and to have the ballots fairly counted), and
states that the election is being expedited, pursuant to this Waiver, Consent,
and Appointment, at the particular instance and request of the Undersigned
and the Owners.
The Undersigned, on behalf of the Owners, hereby consents to the levy
and collection of the special tax on the Property and hereby waives any and all
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rights to challenge the inclusion of the Property in the Community Facilities
District and any and all other proceedings related thereto.
Finally, the Undersigned, on behalf of the Owners, hereby authorizes
to act in all
respects for the Property and for the Owners in casting the votes and executing
the ballot assigned to the Property. [If the Undersigned will execute the ballot,
indicate "N/A".]
The Undersigned declares under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and that this
Appointment and Waiver and Consent is signed by each of the Undersigned on
the date following each signature.
Signature:
Print Name:
Signature:
Print Name:
State of California
County of
Date:
Date:
Subscribed and sworn to before me this day of 2013,
proved to me on the basis of satisfactory
Name of Signer(s)
evidence to be the person(s) who appeared before me.
[SEAL]
Notary Public, State of California
Attachment: Evidence of authority to sign on behalf of the property owner(s).
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