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HomeMy WebLinkAboutResolution - 3200 (3) STATE OF CALIFORNIA ) RESOLUTION NO. 3200 COUNTY OF RIVERSIDE) CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL_ ELECTIONS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WHEREAS, on August 7, 2008, the City Council (the "City Council") of City of San Jacinto (the "City") adopted a resolution determining the necessity for Community Facilities District No. 2008-1 (Parkside) of City of San Jacinto, County of Riverside, State of California (the "District"), to incur a bonded indebtedness in an amount not to exceed $3,500,000 within the District, for the purposes of providing certain public facilities for the District, and calling special elections for the District on the propositions for incurring such bonded indebtedness for August 7, 2008, and providing for the consolidation of said elections with the elections on the propositions with respect to the annual levy of special taxes on taxable property within the District to pay principal of and interest on such bonds and the costs of certain facilities, and the establishment of an appropriations limit for the District; and WHEREAS, on August 7, 2008, the City Council also adopted a resolution calling a special election (the "Election Resolution") for August 7, 2008, for submitting to the voters of the District the propositions with respect to the annual levy of special taxes on taxable property within the District to pay for certain facilities and pay the principal of and interest on the bonds of the District, the proposition with respect to the annual levy of special taxes within the District to pay the costs of the construction, acquisition, furnishing and equipping of public facilities to be owned by the City and the proposition with respect to establishing an appropriations limit for the District, and providing for the consolidation of said elections with the elections on the propositions of the District incurring bonded indebtedness; and WHEREAS, the City Council has received a statement from the City Clerk (the "City Cleric"), who pursuant to the Election Resolution was authorized to conduct the consolidated special elections for the District 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; Page 1 of 4 NOW, THEREFORE, DE 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) there were no persons registered to vote within the boundaries of the District at the time of the close of the public or protest hearing on August 7, 2008, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the consolidated special elections for the District was, therefore, to be by the landowners owning land within the District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the 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 caused the ballots for the consolidated special elections to be delivered the owners of the property in the District (the "Property Owners") by mail with return postage prepaid; (iii) the Property Owners 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 August 7, 2008; (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, based on the acreage of their land ownership within the District, the Property Owners, as the owners of all of the property within the District, were entitled to the following votes in the consolidated special elections - 20 votes; (vi) the ballots for the consolidated special elections were returned by the Property Owners to the City Clerk prior to the close of the public hearing on August 7, 2008; (vii) the ballots returned to the City Cleric by the Property Owners voted all votes to which they were 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 District, is therefore authorized to take the necessary action to have the District incur bonded indebtedness to finance the design, construction and acquisition of public facilities for each of the District, to annually levy special taxes on taxable property in the District in amounts sufficient to pay the principal of and interest on such bonds; and (x) an appropriations limit in the amount of $1,000,000 has been established for the District. Page 2 of 4 Section 2. Declaration of Results. All votes voted in the consolidated special elections on the propositions with respect to the District incurring bonded indebtedness to finance the design, construction and acquisition of public facilities for the District, and the annual levy of ..r special taxes on taxable property within the District to pay for the facilities and pay the principal of and interest on such bonds, and establishing an appropriations limit in the amount of $1,000,000 for the District were voted in favor thereof, and all such propositions carried. 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 District, is authorized (i) to have the 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 for the District, and (ii) to annually levy special taxes on taxable property in the District in an amount sufficient to pay for the facilities and pay the principal of and interest on 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 "C" to the Resolution of Formation adopted by the City Council on August 7, 2008, and an appropriations limit has been established for the District in the amount of $1,000,000. Section 4. Notice of Special Tax Lien_ The City Clerk is authorized and directed to record a notice of special tax lien on the property within each District as provided in Section 53328.3 of the California Government Code and Section 3114.5 of the Califomia Streets and Highways Code_ Page 3 of 4 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: V Jim Ayres ayor ATTEST: orothy L. C uinard, City Clerk APPROVED AS TO FORM: c Cify Ait&�irr�Key ey, City of n Jacinto Best, Best& Krieger LLP Page 4 of 4