HomeMy WebLinkAboutCC Reso No 2016-058 CFD 2015-2RESOLUTION NO. 2016 - 058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS
FOR COMMUNITY FACILITIES DISTRICT NO. 2015 -2
(MAINTENANCE SERVICES)
WHEREAS, the public hearing originally scheduled for September 8, 2015, by the
Resolution of Intention adopted by this City Council (this "Council ") on July 28, 2015, in the matter
of Community Facilities District No. 2015 -2 (Maintenance Services) ( "CFD No. 2015 -2 ") was
rescheduled and conducted on September 22, 2015, and at the close of the public hearing, this
Council determined that a majority protest under Section 53324 of the Government Code was not
made at the hearing; and,
WHEREAS, at the conclusion of the public hearing, the Council adopted its Resolution of
Formation (the "Resolution of Formation ") pursuant to Section 53325.1 of the Government Code,
thereby completing its proceedings for formation of CFD No. 2015 -2; and,
WHEREAS, in order to proceed with the levy of the special tax to provide specified types
of services, and establish an appropriations limitation for CFD No. 2015 -2 in the amount of special
taxes collected, as provided by the Resolution of Formation, the matters must be submitted to an
election of the qualified electors of CFD No. 2015 -2; and,
WHEREAS, the Resolution of Formation called the special mailed - ballot election for this
date of September 22, 2015; and,
WHEREAS, the questions of whether to levy the special tax and set the appropriations
limit at the amount of special taxes collected was provided in a single ballot measure pursuant to
Section 53353.5 of the Government Code, as provided in the form of special election ballot
attached to the Resolution of Formation as Exhibit C; and,
WHEREAS, a Certificate of Election Results, dated April 26, 2016, executed by the City
Clerk (or, in the absence of the City Clerk, the Acting City Clerk — in either case, the "Clerk "), has
been filed with this Council, certifying that a completed ballot has been returned to the Clerk for
each landowner -voter eligible to cast a ballot in said special election, with all votes cast as "Yes"
votes in favor of the ballot measure, and further certifying on said basis that the special mailed -
ballot election was closed; and,
WHEREAS, the Council has received, reviewed and hereby accepts the Clerk's Certificate
of Election Results and wishes by this resolution to declare the results of the special mailed - ballot
election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The Council finds and determines that the foregoing recitals are true and
correct.
SECTION 2. The Council hereby finds, determines and declares that the ballot measure
submitted to the qualified electors of CFD No. 2015 -2 has been passed and approved by those
qualified electors in accordance with Section 53328(a) of the Government Code.
SECTION 3. This Council hereby authorizes and directs the City Clerk to cause the
preparation and recordation with the County Recorder of the County of Riverside of a notice of
special tax lien in accordance with the provisions of Section 3114.5 of the Streets and Highways
Code and Section 53328.3 of the Government Code. Said notice shall be recorded in said County
Recorder's office within fifteen days of today's date.
SECTION 4. This Resolution shall take effect immediately after its adoption.
PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at a regular
meeting held on this twenty -sixth day of April, 2016.
Bri4ft-Tisd9le, Mayor
ATTEST:
Susan M. Domen, MMC
City Clerk
APP OVED AS T FO Ma
7z:
Barbara Leibold
City Attorney
CERTIFICATE OF CLERK
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of
the City Council of the City of Lake Elsinore duly and regularly held at the regular meeting place
thereof on April 26, 2016, of which meeting all of the members of said City Council had due notice,
and at said meeting said resolution was adopted by the following vote:
AYES: Council Members Hickman and Manos, Mayor Pro Tern Magee and Mayor Tisdale
NOES: None
ABSENT: Council Member Johnson
ABSTAIN: None
I do hereby, further certify that an agenda of said meeting was posted at least 72 hours
before said meeting at 183 N. Main Street, City of Lake Elsinore, a location freely accessible to
members of the public, and a brief description of said resolution appeared on said agenda.
I do hereby further certify that I have carefully compared the foregoing copy with the
original minutes of said meeting on file and of record in my office; that said copy is a full, true and
correct copy of the original resolution adopted at said meeting and entered in said minutes; and
that said resolution has not been amended, modified, rescinded or revoked in any manner since
the date of its adoption, and the same is now in full force and effect.
Dated: April 26, 2016
Susan . Domen, MMC, City Clerk