Loading...
HomeMy WebLinkAboutConsent and Waiver receipt - Community Facilities District no 2019-1 San Luis RanchCERTIFICATE OF CITY CLERK REGARDING RECEIPT OF PROPERTY OWNER CONSENT AND WAIVER CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) I, Teresa Purrington, City Clerk of the City of San Luis Obispo (the "City"), hereby certify: I have examined the Certificate Re Registered Voters and Landowners in the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) filed in the above - referenced proceedings on April 2, 2019 (the "Certificate"), and in particular the list of landowner voters within the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch). I have received, and now have in my possession as a permanent part of the City's record of this election, waivers in the form attached hereto executed by all of the landowners listed on the attachment to the Certificate. In each case where a representative is acting for the property owner, I have in my possession written evidence of the authority of that representative to act for the owner. Pursuant to Section 53326(a) of the California Government Code, I hereby concur in the waiver of any time limit or requirement applicable to the aforesaid election. 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 April 2, 2019. M1! W�oe% 4160-2754-2042.1 T FORM OF CONSENT AND WAIVER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR PROCEEDINGS AND FOR CONDUCTING SPECIAL MAILED -BALLOT ELECTION CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH) City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Members of the City Council: This is a consent and waiver with respect to certain procedural matters under the Mello - Roos Community Facilities Act of 1982 (the "Act"), and the undersigned hereby states as follows: 1. Landowner; Property. This Consent and Waiver is submitted by (the "Landowner"), as the legal owner of the real property described in Exhibit A attached hereto and made a part hereof (the "Property"). Pursuant to a petition of the Landowner, the City Council (the "City Council") of the City of San Luis Obispo (the "City") has commenced proceeding under the Act to establish a community facilities district proposed to be named City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) (the "Community Facilities District"). All of the Property is proposed to be included within the boundaries of the Community Facilities District and no other real property not exempt from the special tax is proposed to be included within the boundaries of the Community Facilities District. The Property consists of approximately 131.3 acres. The boundaries of the territory that is proposed for inclusion in the Community Facilities District are described in Exhibit B attached hereto and made a part hereof. 2. Proceedings. The Landowner hereby acknowledges and agrees that the City Council has, pursuant to a petition of the Landowner, commenced proceedings pursuant to the Act to establish the Community Facilities District, to authorize the levy of a special tax in the Community Facilities District to finance certain public facilities, and to authorize special tax bonds for the Community Facilities District in an amount not to exceed $25,000,000. The public facilities proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption "Facilities" on Exhibit C attached hereto. The City Council has fixed April 2, 2019 at 6:00 p.m. or as soon thereafter as the City Council may reach the matter, at 990 Palm Street, San Luis Obispo, California, as the time and place where the City Council will conduct public hearings on the establishment of the Community Facilities District and the proposed debt issue of the Community Facilities District. The Landowner hereby acknowledges and agrees that notices of the hearings were published by the City Clerk on March 21, 2019 in the New Times, a newspaper of general circulation published in the area of the Community Facilities District. The 4160-2754-2042.1 Landowner hereby acknowledges and agrees that it had actual notice of the public hearings, that notice of such hearings has been given in accordance with the Act, that it waives any and all defects (if any) in such notice, and that it waives any rights it may have to make any protest or complaint or to undertake any legal action challenging the adequacy of such notice. 3. Ownership of Property; No Registered Voters; Landowner Election. The Landowner represents and warrants to the City that it is the legal owner of the fee interest in all of the Property and that no other person or entity is the legal owner of all or any portion of the fee interest in any of the Property. To the best of the Landowner's knowledge, there are no registered voters residing within the boundaries of the Property and there have been none during the 90 -day period preceding the date of this Consent and Waiver. The Landowner hereby acknowledges and agrees that, pursuant to Section 53326(b) of the Act, if fewer than 12 persons have been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue of the Community Facilities District, the vote on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be by the landowners of the Community Facilities District and each person who is the owner of land at the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the Community Facilities District not exempt from the special tax. The Landowner hereby acknowledges and agrees. that if, as anticipated, said public hearings are closed on the date hereof, said vote shall, pursuant to Section 53326(b) of the Act, be by the landowners of the Community Facilities District. 4. Request. The Landowner hereby requests that the special election to be held under the Act on the proposition to incur bonded indebtedness of the Conununity Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District be conducted using mailed or hand -delivered ballots, that such ballots be opened and canvassed at such election, and that the results of such election be certified at the same meeting of the City Council as the public hearings on the establishment of the Community Facilities District and the proposed issuance of bonded indebtedness of the Community Facilities District, or as soon thereafter as possible. 5. Consent and Waiver. The Landowner hereby acknowledges and agrees that if the special election to be held under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District is held on April 2, 2019, said election would be held less than 90 days after the anticipated close of the April 2, 2019 public hearings on the establishment of the Community Facilities District and the proposed issuance of bonded indebtedness of the Community Facilities District. The Landowner hereby acknowledges and agrees that the Landowner, as the owner of all of the property not exempt from the special tax within the boundaries of the Community Facilities District and the sole qualified elector of the Community Facilities District, is entitled, pursuant to Section 53326 of the Act, with the concurrence of the election official for said special election, to consent to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said 2 4160-2754-2042.1 special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act). The Landowner hereby consents to the waiver of, and hereby waives, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), including, but not limited to, all notices with respect thereto (published, mailed or otherwise to be given), any voter qualification requirements, any time limitations, any requirements as to form or content of election materials, all publication requirements, all pre- election, election or voting procedures (other than the right to vote) and all canvass, recount and tie vote procedures. The Landowner further consents to the waiver of, and hereby waives, the requirements regarding identification envelopes for the return of mailed' ballots contained in Section 53327.5 of the Act. The Landowner hereby consents to the holding of said special election on April 2, 2019. The Landowner hereby acknowledges and agrees that the Landowner, as the owner of all of the property not exempt from the special tax within the boundaries of the Community Facilities District and the sole qualified elector of the Community Facilities District, is entitled (a) pursuant to Section 53327(b) of the Act, to consent to the waiver of any impartial analysis, arguments or rebuttals, with respect to the special election on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District, and (b) pursuant to Section 53326 of the Act, with the concurrence of the election official for said special election, to consent to the waiver of any requirement pertaining to the conduct of said special election. The Landowner hereby acknowledges and agrees that said special election is to be held without the preparation of an impartial analysis and arguments and rebuttals, if any, as permitted by Section 53327(b) of the Act. The Landowner hereby consents to the waiver of, and hereby waives, the requirement in Section 53327(a) that there be prepared and included in the ballot material provided to each voter an impartial analysis pursuant to Section 9160, 9280 or 9500 of the California Elections Code, and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and Section 9190 of the California Elections Code or pursuant to Sections 9281 to 9287, inclusive, and Section 9295 of the California Elections Code, or pursuant to Sections 9501 to 9507, inclusive, of the California Elections Code, or pursuant to other provisions of law applicable to other special districts as appropriate. The Landowner hereby represents that it has obtained such information with respect to the consents and waivers contained herein as it has deemed necessary or appropriate. The Landowner hereby confirms and represents that it is fully informed with respect to such consents and waivers and fully understands the consequences thereof. The Landowner hereby waives any and all defects in notice or procedure in any proceedings to establish the Community Facilities District, to authorize the levy of special taxes in the Community Facilities District and to authorize special tax bonds for the Community Facilities District, or in the conduct of the election, whether known or unknown (other than, in the case of the election, the right to have ballots accurately counted), and the Landowner hereby represents that the election is being expedited pursuant to this Consent and Waiver, at the particular request of the Landowner. The Landowner further waives its right to make any protest or complaint or to undertake any legal action challenging the validity of the election. 4160-2754-2042.1 6. Authorized Representative. The undersigned, r J has been duly authorized by the Landowner and possesses all authority necessary to execute this Consent and Waiver on behalf of the Landowner in connection with the election to be held by under the Act on the proposition to incur bonded indebtedness of the Community Facilities District, to levy a special tax in the Community Facilities District and to establish an appropriations limit for the Community Facilities District, and is the authorized representative of the Landowner authorized to execute ballots on behalf of the Landowner and to vote in the election referred to herein. The signature set forth opposite the name of such authorized representative is the genuine signature of such person: Name Si Uature 7. Mailing Address. The address of the Landowner for receiving notices and ballots is: I 1, Attention: I This Consent and Waiver is dated as of April 2, 2019. [LANDOWNER] By: Name: Title: 4 4160-2754-2042.1