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Home My WebLink AboutRES 2003-46 - Board TRUCKEE DONNER PUblic Utility District RESOLUTION NO. 2003-46 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD), CALLING A SPECIAL ELECTION WHEREAS, on this date, the Board of Directors (the "Board of Directors") of the Truckee Donner Public Utility District(the "Public Utility District") adopted a resolution entitled"Resolution of the Board of Directors of the Truckee Donner Public Utility District Establishing Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Authorizing the Levy of a Special Tax Therein and Establishing an Annual Appropriations Limit" (the"Resolution of Formation"), which established the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District"), authorized the levy of a special tax therein, and established an annual appropriations limit; and WHEREAS, on this date, the Board of Directors, acting as the legislative body of the Community Facilities District, also adopted a resolution entitled "Resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Determining it Necessary to Incur Bonded Indebtedness Within Said Community Facilities District," which declared the necessity to incur bonded indebtedness in the maximum amount of$15,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions to authorize the levy of a special tax within the Community Facilities District, to establish an appropriations limit of the Community Facilities District and to authorize the incurring of bonded indebtedness are to be submitted to the qualified electors of the Community Facilities District as required by the Mello- Roos Community Facilities Act of 1982, as amended(the"Act"); NOW, THEREFORE, THE BOARD OF DIRECTORS OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the Act the propositions to authorize the levy of a special tax within the Community Facilities District, establish an appropriations limit of the Community Facilities District and authorize the incurring of a bonded indebtedness shall be combined into one ballot proposition and submitted to the qualified electors of the Community Facilities District as provided herein. Section 2. The Board of Directors has heretofore found that fewer than twelve persons have been registered to vote within the territory of the Community Facilities District for each of the ninety days preceding the close of the public hearing heretofore held by the Board of Directors for the purposes of these proceedings. Accordingly, the vote shall be by the land owners of the Community Facilities District, and each owner of record at the close of such public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. -1- Section 3. The date of the election shall be October 14,2003, and the Clerk of the Public Utility District (the "District Clerk") shall conduct the election. The election shall be conducted by personally delivered or mailed ballots and in accordance with the provisions of law regulating elections of the Public Utility District insofar as such provisions are determined by the District Clerk to be applicable. The voted ballots shall be returned to the District Clerk not later than 9:00 p.m. on October 14, 2003; provided that if all of the qualified electors have voted prior to such time, the election may be closed by the District Clerk. Section 4. The form of the ballot for the election is attached hereto as Exhibit A and by this reference incorporated herein. The District Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective elector based upon the number of acres of land owned by such elector as set forth above. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the postage prepaid and shall contain (a)the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the elector is the owner of record, or the authorized representative thereof, and is the person whose name appears on the identification envelope, (c)the printed name, signature and address of the elector, (d)the date of signing and place of execution of the declaration described above and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived. Section 5. The District Clerk shall accept the ballots of the qualified electors in the office of the District Clerk to and including 9:00 p.m. on October 14, 2003 whether said ballots shall be personally delivered or received by mail. Section 6. There is on file with the District Clerk a written instrument executed by each of the qualified electors of the Community Facilities District requesting a shortening of the time for the special election in order to expedite the process of formation of the Community Facilities District and waiving any requirement for analysis and arguments in connection therewith. ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public Utility District on this 14th day of October, 2003 by the following vote: AYES: Directors Aguera, Hemig and Van Gundy NOES: Director Sutton ABSENT: None RECUSE: Director Maass ABSTAIN: None TRUCKEE DONNER P LIC UTILITY DISTRICT By: J Ro Hemig, President of the Board o irectors ATTEST: Peter L. Holzmeister, District Clerk -2- EXHIBIT A OFFICIAL BALLOT TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD) October 14, 2003 SPECIAL ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed envelope to the office of the District Clerk of the Truckee Donner Public Utility District no later than 9:00 p.m. on October 14, 2003, either by mail or in person. The District Clerk's offices are located at 11570 Donner Pass Road, Truckee, California 96160. INSTRUCTIONS TO VOTERS: To vote on the measure, make a "+", "✓", "x" or other distinguishing mark on the line after the word "Yes" or on the line after the word "No." If you wrongly mark, tear or deface this ballot, return it to the County Election Officer of Nevada County and obtain another. MEASURE SUBMITTED TO VOTE OF VOTERS: Shall Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of$15,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the costs of planning, designing, constructing, acquiring, modifying, expanding, improving, furnishing, equipping or rehabilitating certain real and other tangible property with an estimated useful life of five years or longer, consisting of certain street, water and sewer system and appurtenances and appurtenant work (collectively, the "Facilities") and to finance the incidental expenses associated therewith (the YES "Incidental Expenses"), all as further provided in the Resolution of the Board of Directors of the Truckee Donner Public Utility District NO establishing the Community Facilities District (the "Resolution of Formation"), and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation be authorized to be levied, and shall the annual appropriations limit of Community Facilities District No. 03-1 (Old Greenwood) be established in the amount of$15,000,000? A-1 By execution in the space provided below, you also indicate your 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, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the Mello-Roos Community Facilities Act of 1982. TRUCKEE LAND LLC By Number of Votes: 617 A-2