HomeMy WebLinkAboutResolution - 3582 STATE OF CALIFORNIA ) RESOLUTION NO. 3582
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF CITY OF SAN
JACINTO DECLARING THE RESULTS OF THE
CONSOLIDATED SPECIAL ELECTIONS WITHIN
COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE
CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA
WHEREAS, on May 5, 2015, the City Council (the "City Council") of the
City of San Jacinto (the "City") adopted a resolution determining the necessity for
Community Facilities District No. 2015-1 of the City of San Jacinto (Supplemental
Special Tax to Rancho San Jacinto, Phase 2), County of Riverside, State of California
(the "Community Facilities District"), to incur a bonded indebtedness in an amount not to
exceed $5,500,000 for the purposes of paying the principal of and interest on the San
Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A
through D) (the "2002 Bonds")for the Community Facilities District and calling a special
election for the Community Facilities District on the proposition for incurring such
bonded indebtedness for June 18, 2015, and providing for the consolidation of said
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 to pay or accumulate funds for paying a portion of debt
service on the 2002 Bonds, and establishing an appropriations limit for the Community
Facilities District; and
WHEREAS, on June 18, 2015, the City Council also adopted a resolution
calling a special election for June 18, 2015 (the "Resolution"), for submitting to the
voters of the Community Facilities District the propositions 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 of the Community Facilities District and to pay
or accumulate funds for paying the costs of public facilities, and the proposition with
respect to establishing an appropriations limit for the Community Facilities District, and
providing for the consolidation of said election with the election on the proposition of the
Community Facilities District incurring bonded indebtedness; and
WHEREAS, the City Council has received a statement from the City Clerk
of the City of San Jacinto (the "Clerk"), who pursuant to the 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, 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 such propositions;
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
j BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. Findings. The City Council finds that: (i) there were less than
12 persons registered to vote within the boundaries of the Community Facilities District
at the time of the close of the public hearing on June 18, 2015, and at the time of the
consolidated special elections and pursuant to Section 53326 of the California
Government Code ("Section 53326") the vote in the consolidated special elections for
the Community Facilities District 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 Resolution , the
Clerk caused to be delivered to Tower Music City, LLC, the owner of all of the property
within the Community Facilities District (the "Property Owner'") a ballot for the
consolidated special elections 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 June 18, 2015; (iv) the consolidated special elections
have been properly conducted in accordance with all statutory requirements and the
provisions of the Resolution ; (v) pursuant to Section 53326, based on the acreage of
their ownership of land within the Community Facilities District, the Property Owner, as
the owner of all of the property in the Community Facilities District, was entitled to 27
votes in the consolidated special elections; (vi) the ballot for the consolidated special
elections was returned by the Property Owner to the Clerk to 6:30 p.m. on June 18,
2015; (vii) the ballot returned to the Clerk by the Property Owner voted all votes to
which the Property Owner 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
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
bonded indebtedness to finance the public facilities for the Community Facilities District,
to annually levy special taxes on taxable property in the Community Facilities District in
amounts sufficient to pay the principal of and interest on such bonds, and to pay or
accumulate funds for paying the costs of public facilities and (x) an appropriations limit
for the Community Facilities District has been established in the amount of $1,000,000.
Section 2. Declaration of Results. All votes voted in the consolidated
special elections on the propositions with respect to (i) the Community Facilities District
incurring bonded indebtedness to finance the public facilities, (ii) the annual levy of
special taxes on taxable property within the Community Facilities District to pay the
principal of and interest on the 2002 Bonds and to pay or accumulate funds for paying
the costs of such bonds, and (iii) establishing an appropriations limit in the amount of
$1 ,000,000 for the Community Facilities District were voted in favor thereof, and all such
propositions carried.
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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 (i) to have the
Community Facilities District incur a bonded indebtedness in an amount and for the
purposes set forth in Proposition A of the Official Ballot for the consolidated special
elections, and (ii) to annually levy special taxes on taxable property in the Community
Facilities District in an amount sufficient to pay the principal of and interest on the 2002
Bonds, and to pay or accumulate funds for paying the costs of such bonds, 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 Resolution No. 3568 adopted by
the City Council on May 5, 2015, and an appropriations limit has been established for
the Community Facilities District in the amount of $1,000,000.
Section 4. Notice of Special Tax Lien. The City Council shall 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 18th day of June, 2015, by
the following vote:
AYES: Bartel, Ledezma, Miller, Ruiz
NAYS: None
ABSENT: Kotyuk
ABSTAIN: None
City of San Jacinto
Crystal uiz, Mayor
ATTEST:
Y&L ) t—
Richard Miller, City Clerk
J
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CERTIFICATION
I, Richard Miller, City Clerk of the City of San Jacinto, certify that the
foregoing resolution was adopted by the City Council of the City of San Jacinto at a
special meeting held on the 18th day of June, 2015, by the following vote:
AYES: Bartel, Ledezma, Miller, Ruiz
NAYS: None
ABSENT: Kotyuk
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Jacinto this 181h day of June, 2015.
r
Richard Miller, City Clerk
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