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HomeMy WebLinkAboutCC Reso No 2016-130 Declaring Election Results for Community FacilitiesRESOLUTION NO. 2016 -130 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) (ANNEXATION NO. 2) Whereas, the City Council (Council) of the City of Lake Elsinore (City) has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2015 -2 (Maintenance Services) (CFD No. 2015 -2) of the City, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and, Whereas, at the conclusion of said Public Hearing, the City Council adopted a Resolution calling a Special Election for November 15, 2016, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2015 -2 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and, Whereas, a Certificate of Election Results, attached thereto as Exhibit A, dated November 15, 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(s) 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, this 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct. Section 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2015 -2 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2015 -2 with full legal effect, and the Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2015 -2 as specified in Resolution No. 2016 -114 adopted by the Council on October 11, 2016. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 2 Community Facilities District No. 2015 -2 (Maintenance Services) a copy of which was recorded, on October 26, 2016, in Book 80 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the Riverside County Recorder. CC Reso. No. 2016 -130 Page 2 of 2 Section 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2015 -2 including the annexed territory. Section 5. Effect. This resolution shall take effect immediately upon its adoption Passed and Adopted this 15'" day of November, 2016. Bria 'dale, Mayor Attest: r-S "7/. " Susan, M. Domen, MMC City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -130 was adopted by the City Council of the City of Lake Elsinore, California, at the Adjourned Regular meeting of November 15, 2016, and that the same 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 Susan M. Domen, MMC - City Clerk SPECIAL TAX ELECTION CITY OF LAKE ELSINORE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO, 2015 -2 MAINTENANCE SERVICES ANNEXATION NO.2 (NOVEMBER 15, 2016) This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 2 of the Community Facilities District No. 2015 -2 (Maintenance Services) ( "CFD No. 2015 -2 ") of the City of Lake Elsinore: Name of Landowner Number of Acres Owned Total Votes Pasadena Industrial Park, LLC 10.73 11 According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions of the City Council (the "Council ") of the City of Lake Elsinore (the "City "), the above -named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015 -2, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674 -3124 x 269 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 1 2016, two calendar weeks ,prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on November 15, 2016, at the Clerk's office at 130 N Main St. Lake Elsinore, CA 92530. However delivered, this ballot must be received by the Clerk prior to the close of the public Meeting on November 15, 2016. Very truly yours, Susan M. Domen, MMC City Clerk City of Lake Elsinore T+Q CAST rHIS BALLOT PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Pro aerty Owner: Assessor's Parcel Numbers)_ Pasadena Industrial Park, LLC 377 -120 -032 and Attn: Steve Rawlings 377 - 120 -040 through 377 - 120 -047 43414 Business Park Drive Temecula, CA 92590 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 2 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE Shall the City Council of the City of Lake Elsinore be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex Territory to Community Facilities District No. 2015 -2 (Maintenance Services) adopted by the City Council on October 11, 2016 (the "Resolution "), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation Map No. 2 of Community Facilities District No. 2015 -2 (Maintenance Services) City of Lake Elsinore" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015 -2 (Maintenance Services) in the amount of special taxes collected? Certification for Special Election Ballot MARK "YES" OR "NO" WITH AN "X ": YES NO The undersigned is an authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above -named landowner. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on —.-.20—. Pasadena Industrial Park, LLC By: Jaimee Natzke, Controller Signature Print Name Title