Loading...
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; 2443 9.70020\97 965 29.3 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. - 2 - 24138.7002 M9786529.3 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 0 - 3 - 24439.70020\9786529.3 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 - 4 - 24438.70020\9786529.3