HomeMy WebLinkAboutWaiver of Election Procedures & Official Ballot CFD 2015-5 TriesteWAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2015 -5
OF THE CITY OF LAKE ELSINORE (TRIESTE)
The undersigned, Scott Lissoy acting on behalf of the Far West Industries, Inc., a
California corporation (the "Owner"), hereby certifies to the City of Lake Elsinore (the "City "),
with respect to the proposed formation of Community Facilities District No. 2015 -5 of the City of
Lake Elsinore (Trieste) (the "District'), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Scott Lissoy to act as its authorized representative to vote in the election
referred to herein and certifies that his true and exact stnature is set forth below:
Signature of Scott Lissoy
2. The Owner is the present owne_ref'12.97 acres of land located within the
proposed boundaries of the District. There are no registered voters residing within the territory
owned by the Owner and have been none during the 90 -day period preceding July 26, 2016.
3. The Owner has received notice of the July 26, 2016 public hearing to be held by
the City Council of the City regarding the levy of a special tax in the District and the incurring of
bonded indebtedness by the District. The Owner agrees that it received adequate notice of the
July 26, 2016 hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed formation of the District and
the imposition of the special tax and the issuance of bonded indebtedness, as set forth in
Resolutions No. 2016 -067 and 2016 -068 adopted by the City Council on June 14, 2016
(together, the 'Resolutions ") to finance the facilities and services as set forth in the Resolutions.
5. The undersigned understands that if the District is formed on or after July 26,
2016, an election will be held by the District on the propositions set forth in the sample ballot
attached hereto as Exhibit "A" less than 90 days after the close of the July 26, 2016 public
hearing as in accordance with Section 53326 of the Government Code, without the preparation
of an impartial analysis, arguments or rebuttals concerning the election as provided for by
Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate
statement as provided in Section 9401 of the Elections Code and without further notice of such
election as required pursuant to the Elections Code or the Government Code. Having been fully
advised with respect to the election, in accordance with the authority contained in Government
Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of
the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the July 26, 2016 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
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6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District as approved at the election, or the levy of the
special tax to finance facilities for the benefit of the District or to repay bonded indebtedness
issued by the District.
This waiver may be executed in counterparts.
Dated: July P? 2016
FAR WEST INDUSTRIES, a California
corporation
By:
colt Lissoy, Presi t
2
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EXHIBIT A
SAMPLE
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2015 -5
OF THE CITY OF LAKE ELSINORE (TRIESTE)
SPECIAL TAX AND SPECIAL BOND ELECTION
July 26, 2016
PROPOSITION A: Shall Community Facilities District No.
2015 -5 of the City of Lake Elsinore (Trieste) (the "District')
incur an indebtedness and issue bonds in the maximum YES
principal amount of $2,700,000, with interest at a rate or rates
not to exceed the maximum interest rate permitted by law, to NO
finance the Facilities and the Incidental Expenses described
in Resolution No. 2016 -067 of the City Council of the City of
Lake Elsinore establishing the District?
PROPOSITION B: Shall a special tax with a rate and method
of apportionment as provided in Resolution No. 2016 -067 of
the City Council of the City of Lake Elsinore establishing the YES
District be levied to pay for the Facilities, Services, Incidental
Expenses and other purposes described in Resolution No. NO
2016 -067, including the payment of the principal of and
interest on bonds issued to finance the Facilities and
Incidental Expenses?
PROPOSITION C: For each year commencing with Fiscal
Year 2016 -2017, shall the appropriations limit, as defined by YES
subdivision (h) of Section 8 of Article XIII B of the California
Constitution, for Community Facilities District No. 2015 -5 be NO
an amount equal to $2,700,000?
A -1
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CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Susan M. Domen, City Clerk of the City of Lake Elsinore, do hereby certify that I have
examined the returns of the Special Tax and Bond Election for Community Facilities District
No. 2015 -5 (Trieste) of the City of Lake Elsinore (the "City'). The election was held in the Lake
Elsinore Cultural Center at 183 North Main Street, Lake Elsinore, California, on July 26, 2016. 1
caused to be delivered ballots to each qualified elector. One (1) ballot was returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A, B and C are as follows:
PROPOSITION A
YES: I
NO: O
TOTAL:
Dated this 26`h day of July, 2016.
PROPOSITION B
YES:
NO: (�
TOTAL: I
PROPOSITION C
YES:
NO: d
TOTAL:
Susan M. Domen, MMC, City Clerk
City of Lake Elsinore
CERTIFICATE OF CITY CLERK
RE ELECTION DATE
I, Susan M. Domen, MMC, City Clerk for the City of Lake Elsinore, hereby certify that in
connection with the formation of Community Facilities District No. 2015 -5 of the City of Lake
Elsinore (Trieste) (the "District "), I have reviewed the map of the District boundaries recorded on
June 22, 2016, in Book 79, Page No. 84 of the maps of assessment and community facilities
districts in the Officer of the Assessor - County Clerk- Recorder of the County of Riverside and the
of Assessor's Parcel Number comprising the land within the District, as required by Government
Code Section 53326. On the basis of such information and information provided to me by the
Special Tax Consultant retained by the District as set forth in Exhibit A attached hereto, it has
been determined that the landowner of record at the close of the July 26, 2016 protest hearing
for the District, other than public agencies, is the landowner listed on Exhibit A who are entitled
to the number of votes set forth in Exhibit A. The unanimous consent of such landowner
waiving all applicable time limits and other requirements pertaining to the conduct of an election
within the District and consenting to the holding of the election on or after July 26, 2016 has
been received and, accordingly, in accordance with Government Code Section 53326(a),
hereby concur in the holding of the election on July 26, 2016.
Dated: July 26, 2016
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City Clerk of the City of Lake Elsinore
EXHIBIT A
LANDOWNERS OF RECORD AS OF JULY 26, 2016
Assessors Parcel No. Total Votes
Landowner Acreage
Far West Industries, Inc. 347 - 120 -047 12.97 13
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OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2015 -5
OF THE CITY OF LAKE ELSINORE (TRIESTE)
SPECIAL TAX AND SPECIAL BOND ELECTION
July 26, 2016
You are entitled to cast 13 votes.
To vote, stamp a cross ( +) in the voting square after the word "YES" or after the word
"NO ". All marks otherwise made are forbidden. All distinguishing marks are forbidden and
make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain
another.
PROPOSITION A: Shall Community Facilities District No. 2015 -5
of the City of Lake Elsinore (Trieste) (the "District') incur an YES '-
indebtedness and issue bonds in the maximum principal amount of
$2,700,000, with interest at a rate or rates not to exceed the NO
maximum interest rate permitted by law, to finance the Facilities
and the Incidental Expenses described in Resolution No. 2016 -067
of the City Council of the City of Lake Elsinore establishing the
District?
PROPOSITION B: Shall a special tax with a rate and method of
apportionment as provided in Resolution No. 2016 -067 of the City YES
Council of the City of Lake Elsinore establishing the District be
levied to pay for the Facilities, Services, Incidental Expenses and NO
other purposes described in Resolution No. 2016 -067, including
the payment of the principal of and interest on bonds issued to
finance the Facilities and Incidental Expenses?
PROPOSITION C: For each year commencing with Fiscal
Year 2016 -2017, shall the appropriations limit, as defined by YES '-
subdivision (h) of Section 8 of Article XIII B of the California
Constitution, for Community Facilities District No. 2015 -5 be an NO
amount equal to $2,700,000?
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