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Home My WebLink AboutCC Resolution 8840 (Calling Mailed Ballot Election)RESOLUTION NO. 8840 RESOLUTION CALLING SPECIAL MAILED -BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA The City Council of the City of San Rafael resolves: 1. Reference is made to the Council's Resolution No. (Resolution of Formation of CFD 1992-1) . 2. The levy of special tax proposed in the Resolution of Formation shall be submitted to the voters pursuant to Government Code Section 53326. 3. The setting of the appropriations limit shall be submitted to the voters pursuant to Government Code Section 53325.7. 4. The two ballot questions just described shall be combined into a single ballot measure pursuant to Government Code Section 53353.5. The ballot language shall be as shown on the form of ballot attached hereto as Exhibit A, which form of ballot is hereby approved. 5. This Council hereby accepts the Certificate of Engineer heretofore filed in these proceedings and finds, in accordance therewith, that there presently are, or at some point in the 90 days just past there have been, fewer than 12 registered voters residing within the boundaries of CFD 1992-1. Accordingly, under Government Code Section 53326(b) the voters in this election shall be the landowners owning land within CFD 1992-1. 6. The Council further finds that the landowners of record owning property within CFD 1992-1 are those set forth in the attachment to the Certificate of Engineer 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. 7. This Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed -Ballot Election in Community Facilities District No. 1992-1 (Loch Lomond #10), City of San Rafael, County of Marin, State of California, attached hereto as Exhibit B. The Council finds that the rights, procedures and time periods therein SF2-12482.1 41734-2-AWI-02/19/93 �g��o Oil ��@ll0 1'� 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. 8. The Council accepts the Certificate of the City Clerk of the City of San Rafael 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. 9. Accordingly, this Council hereby calls the special election described herein and sets March 1, 1993 as election day. Pursuant to Government Code Section 53326(d), the election shall be conducted by mailed ballot. 10. The City Clerk is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Engineer's Certificate. 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 Engineer's Certificate, before delivery or mailing. 11. The City Clerk shall accept personal or mail delivery of the ballots at any time up to 10:00 p.m. on March 1, 1993. Upon receipt of all eligible ballots, however, the City Clerk shall immediately close the election and declare the results to the City Council. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 1st day of March, 1993, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEM3ERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None JE M. LEONCI I, City Clerk SF2-12482.1 41734-2-AW1-02/19/93 COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA SPECIAL ELECTION BALLOT (Mailed -Ballot Election) This ballot is for the use of: Robert B. Ham. Tar- a landowner owning land within Community Facilities District No. 19924 (Loch Lomond #10), City of San Rafael, County of Marin, State of California. According to the provisions of the McDo-Roos Community Facilities Act of 1982, and the resolutions of the City Council of the City of San Rafael, the above-named landowner is entitled to cast 24 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 10:00 P.M. on March 1, 1993, to: Jeanne M. Leonclui, City Clerk City of San Rafael 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915-1560 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 City Council of the City of San Rafael be authorized to levy a Number of votes special tax by and through its Community Facilities District No. 1992-1 YES (Loch Lomond #10) all as specified in its Resolution No and shall the appropriations limit for CFD 1992-1 for fiscal year 19924993 be set 24 at $42,120.00? Number of votes NO [Note: The only mark permitted above is a NUMBER j 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. name print title WAIVER AND CONSENT SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED -BALLOT ELECTION, COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA The undersigned is the authorized representative of Robert B. Ham, Inc- 11 the owner of assessors parcel numbers 186.-0.31-02. (Portion)., 186-031-06 (Portion), 186-520-17 (Portion) within the above captioned 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 2 - 2��_ / 4 •••. 1— RO g62T JS .)4,4-" [Print name]