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HomeMy WebLinkAboutCC Reso No 2017-052 CFD No. 2015-2 (Maintenance Services) Certifying Election Results forRESOLUTION NO. 2017 - 052 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. 3) 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 Council adopted a resolution calling a special election for April 11, 2017, and submitting to the qualified electors of the territory to be annexed to (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or member of the Public requests action on a specific item.) 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 April 11, 2017, 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 or. 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. 2017 -031 adopted by the Council on February 28, 2017. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 3 Community Facilities District No. 2015 -2 (Maintenance Services)" a copy of which was CC Res. No. 2017 - 052 Page 2 of 2 recorded, on March 6, 2017, in Book 80 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the Riverside County Recorder. 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 City 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 from and after its adoption. Passed and Adopted this 11th day of April, 2017. - f- R61bert E. Magee, o Attest: ff Y 6 Tana- -Gc on' ' Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE y I, Diana Gir6n, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017 - 052 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 11, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; NOES: None ABSENT: Mayor Pro Tern Johnson ABSTAIN: None Mayor Magee r Diana Giron Deputy City Clerk CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 3 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed - ballot election called by the City Council (the "City Council ") of the City of Lake Elsinore (the "City ") on this same date in the proceedings of the City Council for the annexation of territory to the above - entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above - entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated March 9, 2017, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast "Yes ", in favor of the ballot measure, the measure has therefore passed. Qualified Landowner Landowner Votes ARI Chaney Street, LLC 18 Votes Cast YES NO 18 I 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 12017. Susan M. Domen MMC City Clerk City of Lake Elsinore IN (Attach completed copies of Waiver /Consent and Ballots)