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HomeMy WebLinkAbout0020_2_CFD 2015-2 Exhibit A ResolutionResolution No. 2016-______ Date Adopted: April 26, 2016 Page 1 of 3 RESOLUTION NO. 2016-_________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 September 22, 2015 and said election was continued by the City Council to April 26, 2016; 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 City Council finds and determines that the foregoing recitals are true and correct. SECTION 2.The City 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. Resolution No. 2016-______ Date Adopted: April 26, 2016 Page 2 of 3 SECTION 3.The City Council hereby authorizes and directs the 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 from and 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 by the following vote: ATTEST:APPROVED: Susan Domen, City Clerk Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Leibold, City Attorney CERTIFICATE OF CLERK I, Diana Girón, Acting 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: NOES: ABSTAIN: ABSENT: 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 City Clerk City of Lake Elsinore [SEAL]