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Home My WebLink AboutCC Reso No 2019-101 CFD 2015-2 Declaring Election ResultsRESOLUTION NO. 2019 -101 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. 8) Whereas, the City Council (the "City Council ") of the City of Lake Elsinore (the "City ") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015 -2 ") of the City of Lake Elsinore, 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 December 10, 2019, 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 December 10, 2019, 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: 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 City 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 City 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. 2019 -086 adopted by the City Council on October 22, 2019. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 8 Community Facilities District No. 2015 -2 (Maintenance Services)" a copy of which was recorded, on October 31, 2019, in Book 84 of Maps of Assessment and Community Facilities Districts at Page 45, in the office of the Riverside County Recorder. CC Res. No. 2019 -101 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 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 at a regular meeting of the City Coun ' of the City of Lake Elsinore, California, this 10th day of December 2019. Ma Attest: Candice Al?rezTMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2019 -101 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of December 10, 2019 and that the same was adopted by the following vote: AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Candice A[ ' re , MMC City Clerk CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 8 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk, 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 October 23, 2019, 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. Landowner Nichols Rd Partners Qualified Landowner Votes 74 Votes Cast YES NO 74 74 0 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 December 10, 2019. Candice Alvarez, MMC City Clerk City of Lake Elsinore B Y: r (Attach completed copies of Waiver, Consent and Ballots) TO CAST THIS BALLOT, ,PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor's Parcel Numbe Nichols RD. Partners, LLC 389 - 200 -038, 389 - 210 -008, Attn: Eric L. Werner 389 - 210 -032, 389 - 210 -034, P. O. Box 77850 Corona, CA 92877 389 - 210 -036 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 8 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 22, 2019 (the "Resolution "), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation Map No. 8 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 7,1[07 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. 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 onTOM11 OZ Z , 20 11. Nichols RD. Partners, LLC A alifornia corporation Signature 'F2%G L . W FZZt-1 Print Name W--yA %Q-R/ M L1.�1A9£JZ, Title