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HomeMy WebLinkAboutResolution - 2375 STATE OF CALIFORNIA ) RESOLUTION NO. 2375 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO } RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS FOR CITYOF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2002-1 (RANCHO SAN JACINTO, PHASE 2) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON THE PROPOSI- TIONS WITH RESPECT TO (i) INCURRING BONDED INDEBTEDNESS IN AN ORIGINAL AMOUNT NOT TO EXCEED $20,000,000,(ii)THE ANNUAL LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON BONDS, AND(iii)THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN WHEREAS, an September 10, 2002, the City Council (the "City Council") of the City of San Jacinto(the"City")adopted a Resolution determining the necessity for City of San Jacinto Community Facilities District No. 2002-1 (}rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California (the "Community Facilities District"), to incur a bonded indebtedness in an original aggregate principal amount not to exceed $20,000,000 and calling a special election on the proposition of incurring such a bonded indebtedness for September 10, 2002, and providing for the consolidation of that election with the election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay principal of and interest on such bonds, and the establishment of an appropriations limit for the Community Facilities District,- and WHEREAS, on September 10, 2002, the City Council also adopted a resolu- tion calling a special election (the "Election Resolution") for September 10, 2002, for submitting to the voters of the Community Facilities District the proposition with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds thereof, and the proposition with respect to the establishment of an appropriations limit for the Community Facilities District, and providing for the consolidation of that election with the election on the proposition of the Community Facilities District incurring a bonded indebtedness; and WHEREAS, the City Council has received a statement from the City Clerk (the"City Clerk"), who pursuant to the Election Resolution was authorized to conduct the consolidated special elections and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the consolidated special elections, RVPI fE3-}:AR 6388I certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated special elections were cast in favor of approving all such propositions-, NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO,CALIFORNIA,AS FOLLOWS: Section 1. Findings. The City Council finds that: (i)there were no persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on September 10, 2002, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the consolidated special elections was, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the consolidated special elections, (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the consolidated special elections to Rancho San Jacinto LLC, the owner of all of the land included within the boundaries of the Community Facilities District (the "Property Owner") by overnight mail with return postage prepaid-, (iii) the Property Owner waived the time limits for holding the consolidated special elections and the election dates specified in Section 53326, and consented to the calling and holding of the consolidated special elections on September 10,2002; (iv)the consolidated special elections have been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution-, (v) pursuant to Section 53326, the Property Owner, which owned approximately 215 acres, was entitled to a total of 215 votes-, (vi) the ballot was returned to the City Clerk prior to 4:00 p.m, on September 10, 2002, by the Property Owner; (vii)the ballot returned to the City Clerk by the Property Owner voted 211 votes to which it was entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the consolidated special elections on each such proposition were cast in favor thereof, and pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all such propositions carried, (ix) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to have the Community Facilities District incur a bonded indebtedness in an original aggregate amount not to exceed $20,000,000, and to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the principal of and interest on the bonds of the Community Facilities District; and (x) an appropriations limit for the Community Facilities District has been established in the amount of$2,000,000, Section 2. Declaration of Results. All votes voted in the consolidated special elections an the propositions with respect to the Community Facilities District incurring a bonded indebtedness in an original aggregate amount not to exceed $20,000,000, the annual levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds thereof, and the establishment of an appropriations limit in the amount of $2,000,000 for the Community Facilities District were voted in favor thereof, and all such propositions carried. RVPUB KAB.538015 -2- Section 3. Effect of Elections. The effect of the results of the consolidated special elections, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to have the Community Facilities District incur a bonded indebtedness in an original aggregate amount not to exceed $20,000,000 for the purposes set forth in Proposition A of the Official Ballot for the consolidated special elections, and, after the Community Facilities District has incurred a bonded indebtedness and issued bonds therefor, to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the principal of and interest on the bonds including funding a reserve fund at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council on September 10, 2002, and an appropriations limit has been established for the Community Facilities District in the amount of $2,000,000, Section 4. Notice of Special Tax Lien, The City Clerk shalt record a notice of special tax lien pursuant to Section 53328,3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED this 1 Oth day of September, 2002. 1// Xce Maier ATTEST: Ity Clerk of e City of San Jacinto