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.
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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
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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
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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.
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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:
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