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HomeMy WebLinkAboutResolution - 3199 STATE OF CALIFORNIA ) RESOLUTION NO. 3199 COUNTY OF RIVERSIDE) CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALLING SPECIAL ELECTIONS AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) PROPOSITIONS WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of San Jacinto (the "City") has adopted Resolution No. 3197, the resolution of formation of Community Facilities District No. 2008-1 (Parkside) of City of San Jacinto, County of Riverside, State of California (the "District"), establishing the District and the boundaries thereof (the "Resolution of Formation"); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted Resolution No. 3198 determining that it is necessary that the District incur a bonded indebtedness in an amount not to exceed $3,500,000 within the District, for the purpose of financing the acquisition, construction, furnishing and equipping of public facilities to be owned by the City; and WHEREAS, by Resolution No. 3199, the City Council called special elections on the propositions to be submitted to the voters of the District incurring a bonded indebtedness for the financing of such public facilities for the District; and WHEREAS, pursuant to Sections 53326 and 53350 of the California Government Code, it is necessary that the City Council also submit to the voters of the District the proposition relating to the annual levy of special taxes on the property within the District to pay the principal of and interest on the bonds thereof which may be issued and sold to finance the acquisition, construction, furnishing and equipping of the public facilities for the District, if such bonds are authorized and issued, or to pay or accumulate funds for paying the costs of public facilities; and WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the voters of the District a proposition with respect to establishing an appropriations limit for the District. Page 1 of 8 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing on August 7, 2008; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special elections called by this resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv)the owners of property in the District have by written consent (a)waived the time limits set forth in Section 53326 of the California Government Code for holding the elections called by this resolution and the elections on the propositions of the District incurring a bonded indebtedness, which pursuant to Section 4 hereof are consolidated with the elections called hereby, (b) consented to the holding of the consolidated special elections on August 7, 2008 (the "Consolidated Special Elections"), (c)waived notice and mailed notice of the time and date of the Consolidated Special Elections and (d) waived an impartial analysis by the city attorney of the City of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, of that Code, and mailing of a statement pursuant to Section 9401 of that Code; and (v) the City Clerk of the City of San Jacinto (the "City Clerk") has consented to the holding of the Consolidated Special Elections on August 7, 2008. Section 2. Call of Elections. The City Council hereby ells and schedules special elections for August 7, 2008 within and for the Community Facilities District on (i) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $3,500,000 within the District; (ii) the proposition with respect to the levy of special taxes on the land within the District to pay the principal of and interest on; and (iii) the proposition with respect to the establishment of an appropriations limit for in the District in the amount of$1,000,000: (a) if at least twelve (12) persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public or protest hearing (the Page 2 of 8 "Protest Hearing"), the vote in the Consolidated Special Elections shall be by the registered voters of the District with each voter having one vote. In that event, the Consolidated Special Elections shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Govemment Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Consolidated Special Elections shall be distributed to the qualified electors of the District by mail with return postage prepaid or by personal service, and the Consolidated Special Elections shall be conducted as a mail ballot election; and (b) If twelve (12) persons have not been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the Protest Hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the District with each landowner within the District of record at the close of the Protest Hearing having one vote for each acre or portion of an acre of land that he or she owns within the District the Consolidated Special Elections shall be conducted by the City Cleric pursuant to Section 53326 of the California Government Code. Section 3. Propositions. (a) The propositions to be submitted to the voters of the District at such special elections shall be as follows: Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $3,500,000 be incurred by Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California (the "District'), for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum intent rate permitted by law, for the purpose of financing for the construction, acquisition, furnishing and equipping of public facilities to be owned by the City of San Jacinto, as provided in Exhibit "B" to the resolution of formation adopted by the City Page 3 of 8 Council of the City of San Jacinto on August 7, 2008 (the "Resolution of Formation'? Proposition B: Shall special taxes be levied annually on taxable property within Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California, to pay the principal of and interest on the bonds of the District which may be issued and sold to finance the public facilities described in Proposition A of this ballot, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California, in the amount of$1,000,000? Section 4. Consolidation of Elections. The special elections called hereby on the propositions to be submitted to the voters of the District, as set forth in Section 3 hereof, shall be consolidated with the elections on the propositions regarding the District incurring bonded indebtedness. The ballots for said Consolidated Special Elections shall be in the form attached hereto as Exhibit "A." Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the Consolidated Special Elections shall be conducted by the City Cleric (the "City Clerk") in accordance with the provisions of Page 4 of 8 the California Elections Code governing mail ballot elections of community facilities districts, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. Section 6. Election Procedures. The procedures to be followed in conducting the Consolidated Special Elections on (i) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $3,500,000 within the District; (ii) the proposition with respect to the levy of special taxes on the land within the District to pay the principal of and interest on; and (iii) the proposition with respect to the establishment of an appropriations limit for in the District in the amount of$1,000,000: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of community facilities districts, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A,° and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the returning voted official ballots, and a copy of the Resolution of Formation. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner- Page 5 of 8 voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the District. (d) The return identification envelope to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the close of the public hearing on the date of the Consolidated Special Elections; provided that the elections shall be closed before such hour if the City Clerk determines that all of the qualified voters have voted. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Consolidated Special Elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. Section 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the landowner voters approve the propositions contained in the Proposition A and Proposition B of the Official Ballots for the Consolidated Special Elections, which are attached hereto as Exhibit "A," with respect to the District incurring Page 6 of 8 bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the District are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness and the issuance of bonds of the District shall be subject to the following accountability measures: (a) The Bond Propositions shall identify the speck purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Propositions; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The chief financial officer of the District shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Propositions, as set forth in the Official Ballots attached hereto as Exhibit "A," identify the specific purposes for which the District will incur bonded indebtedness and issue bonds. SIGNED, APPROVED AND ADOPTED this 7th day of August, 2008, by the following vote: Ayes: Carlson, Mansperger, Potts, Stubblefield,Ayres Nays: None Abstain: None Absent: None CITY OF SAN JACINTO By: o�y im Ayr , Mayor ATTEST: Do othy L. Ch inard, City Clerk Page 7 of 8 APPROVED AS TO FORM: City or y, Ci of n Jacinto Best, Best& Krieger LLP Page 8 of 8 EXHIBIT "A" CITY OF SAN JACINTO COMMUNITIES FACILITIES DISTRICT NO. 2008-1 (PARKSiDE) OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) OF THE CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA August 7, 2008 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another. Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $3,500,000 be incurred by Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California (the "District"), for a maximum term of not YES more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the NO purpose of financing for the construction, acquisition, furnishing and equipping of public facilities to be owned by the City of San Jacinto, as provided in Exhibit "B° to the resolution of formation adopted by the City Council of the City of San Jacinto on August 7, 2008 (the "Resolution of Formation")? Page A-1 Proposition B: Shall special taxes be levied annually on taxable property within Community Facilities District No. 2008-1 (Parkside) of the City of San Jacinto, County of Riverside, State of California, to pay the principal of and interest on the bonds of the District which may be issued and sold to finance the public facilities described in Proposition A YES of this ballot, to replenish the reserve fund for the bonds, or NO to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community YES Facilities District No. 2008-1 (Parkside) of the City of San NO Jacinto, County of Riverside, State of California, in the amount of$1,000,000? PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Page A-2