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HomeMy WebLinkAboutResolution - 3531 RESOLUTION NO. 3531 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 55 RESOLVED by the City Council (the "Council') of the City of San Jacinto (the "City"), County of Riverside, State of California, that: WHEREAS, the City Council of the City has previously formed a Community Facilities District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the "Act"). The existing Community Facilities District being designated as Community Facilities District No. 2003-1 (the "CFD"); and WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Act, the Council has heretofore adopted a resolution entitled "A Resolution of the City of San Jacinto, Authorizing the Annexation of Territory to Community Facilities District No. 2003-1, Authorizing the Levy of a Special Tax and Submitting the Levy of the Special Tax to Qualified Electors" (the "Resolution of Annexation") calling a special election of the qualified landowner electors in the territory of the land proposed to be annexed to the CFD. WHEREAS, pursuant to the terms of the Resolution of Annexation, adopted by the Council on this date, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has on file a Canvass and Statement Result of Election (the "Canvass"), a copy of which is attached hereto as Exhibit A; and WHEREAS, this Council has reviewed the Canvass and hereby approves said Canvass. NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED by the City Council of the City of San Jacinto as follows: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Issues Presented. The issues presented at the special election were (i) the annexation of territory to the CFD; and (ii) the levy of a special tax within the territory annexed to the CFD. Page 1 of 3 SECTION 3. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the territory proposed for annexation to the CFD by more than two-thirds of the votes received at the special election. SECTION 4. Declaration of Annexation. The Council does hereby determine and declare that the annexed territory is now added to and becomes a part of the CFD. The Council, acting as the Legislative Body of the CFD, is hereby empowered to levy the authorized special tax within the annexation territory. SECTION 5. Authority to Levy. Pursuant to the voter approval, this Council may levy special taxes in the territory in the captioned annexation according to the rate and method of apportionment specified in the resolution of this Council entitled "A Resolution of the City Council of San Jacinto Declaring its Intention to Annex Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein" adopted on July 15, 2014. SECTION 6. Prior Proceedings. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act. SECTION 7. Amendment to Notice of Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Riverside an amendment to the Notice of Special Tax Lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the Council. SECTION 8. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED this 19th day of August, 2014. City of San Jacinto f Alonso Ledezma, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger f t Jeffre S. Ballinnge , City Attorney Page 2 of 3 CERTIFICATION I, Richard Miller, City Clerk of the City Council of San Jacinto, do hereby certify that the foregoing Resolution No. 3531 was adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of August, 2014 by the following vote: AYES: Bartel, Kotyuk, Miller, Ruiz, Ledezma NAYS: None ABSENT: None ABSTAINED: None WITNESS MY HAND AND OFFICIAL SEAL this 19th day of August, 2014 Richard Miller, City Clerk City of San Jacinto Page 3 of 3 EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 55 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on August 19, 2014, 1 canvassed the returns of the election held on August 19, 2014, for the City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 55 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Votes Votes Cast YES NO City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 55 Special Tax Election, September 2, 5 2014 BALLOT MEASURE: Shall the City of San Jacinto, by and for its Community Facilities District No. 2003-1 (the "GFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 55 to the CFD in accordance with the rate and method of apportionment described in Resolution No. 3523 adopted by the Council of the City of San Jacinto on July 15, 2014? Yes: 1 No: 0 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on August, 19, 2014. By: Ufa 2z Richard Miller, City Clerk City of San Jacinto A-1