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Home My WebLink About2022-010 CFD 2021-1 (Tuscany Valley-Crest) Change Proceedings Certifying Election Results RESOLUTION NO. 2022-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST), CERTIFYING THE RESULTS OF THE JANUARY 25, 2022, SPECIAL ELECTIONS Whereas, the City Council (the “Council”) of City of Lake Elsinore (the “City”), acting as the legislative body of Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (“CFD No. 2021-1” or the “District”) called and duly held elections on January 25, 2022, within the boundaries of Improvement Area No. 1 of the District (“Improvement Area No. 1”) and within the boundaries of Improvement Area No. 2 of the District (“Improvement Area No. 2”) pursuant to Resolution No. 2022-9 for the purpose of presenting to the qualified electors within Improvement Area No. 1, Proposition A attached hereto as Attachment “A,” and within Improvement Area No. 2, Proposition B attached hereto as Attachment “B”; and, Whereas, there has been presented to the Council a certificate of the City Clerk canvassing the results of the elections, a copy of which is attached hereto as Attachment “C”. NOW, THEREFORE, THE CITY COUNCIL OF CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 2. Proposition A presented to the qualified electors of Improvement Area No. 1 on January 25, 2022, as set forth in Attachment “A” hereto, was approved by more than two-thirds of the votes cast at said election held for Improvement Area No. 1, and Proposition A has carried. The Council is hereby authorized to levy on the land within Improvement Area No. 1 the special tax described in Proposition A as set forth in Attachment “A” hereto for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition A as set forth in Attachment “A” hereto. Proposition B presented to the qualified electors of Improvement Area No. 2 on January 25, 2022, as set forth in Attachment “B” hereto, was approved by more than two-thirds of the votes cast at said election held for Improvement Area No. 2, and Proposition B has carried. The Council is hereby authorized to levy on the land within Improvement Area No. 2 the special tax described in Proposition B as set forth in Attachment “B” hereto for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B as set forth in Attachment “B” hereto. Section 3. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a first amended and restated notice of special tax lien with respect to Improvement Area No. 1 and a first amended and restated notice of special tax lien with respect to Improvement Area No. 2. which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. Section 4. This Resolution shall take effect immediately upon its adoption. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-10 Page 2 of 2 2 Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of January 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC 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. 2022-10 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 25, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 ATTACHMENT A ATTACHMENT “A” SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST) (IMPROVEMENT AREA NO. 1) SPECIAL ELECTION January 25, 2022 This ballot represents ___ votes. To vote, write or stamp a cross (“+” or “X”) 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 of City of Lake Elsinore and obtain another. PROPOSITION A: Shall a special tax with a First Amended and Restated Rate and Method of Apportionment (the “First Amended and Restated Rate and Method”) as provided in Attachment “B” to Resolution No. 2021-130 adopted by the City Council of the City of Lake Elsinore on December 14, 2021, acting as the legislative body of Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (the “District”), be levied to pay for the Facilities, Incidental Expenses (as defined in Resolution No. 2021-53) and other purposes described in Resolution No. 2021-53, adopted by the City Council of the City of Lake Elsinore on April 27, 2021, including the payment of the principal of and interest on bonds issued by the District for Improvement Area No. 1 of the District to finance the Improvements and Incidental Expenses? YES______ NO_______ DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 ATTACHMENT B ATTACHMENT “B” SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST) (IMPROVEMENT AREA NO. 2) SPECIAL ELECTION January 25, 2022 This ballot represents ___ votes. To vote, write or stamp a cross (“+” or “X”) 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 of City of Lake Elsinore and obtain another. PROPOSITION B: Shall a special tax with a First Amended and Restated Rate and Method of Apportionment (the “First Amended and Restated Rate and Method”) as provided in Attachment “C” to Resolution No. 2021-130 adopted by the City Council of the City of Lake Elsinore on December 14, 2021, acting as the legislative body of Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (the “District”), be levied to pay for the Facilities, Incidental Expenses (as defined in Resolution No. 2021-53) and other purposes described in Resolution No. 2021-53, adopted by the City Council of the City of Lake Elsinore on April 27, 2021, including the payment of the principal of and interest on bonds issued by the District for Improvement Area No. 2 of the District to finance the Improvements and Incidental Expenses? YES______ NO_______ DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 ATTACHMENT C ATTACHMENT “C” CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that I have examined the returns of the Special Tax Election for Improvement Area No. 1 of Community Facilities District No. 2021-1 (Tuscany Valley/Crest) of the City of Lake Elsinore (the “District”). The election was held in the Lake Elsinore Cultural Center at 183 North Main Street, Lake Elsinore, California, on January 25, 2022. I caused to be delivered ballots to each qualified elector. Forty-seven (47) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Proposition A for Improvement Area No. 1 are as follows: PROPOSITION A YES: 47 NO: 0 TOTAL: 47 I further certify that I have examined the returns of the Special Tax Election for Improvement Area No. 2 of the District. The election was held in the Lake Elsinore Cultural Center at 183 North Main Street, Lake Elsinore, California, on January 25, 2022. I caused to be delivered ballots to each qualified elector. Thirty-eight (38) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Proposition B for Improvement Area No. 2 are as follows: PROPOSITION B YES: 38 NO: 0 TOTAL: 38 Dated this 25th day of January 2022. __________________________ Candice Alvarez, MMC, City Clerk City of Lake Elsinore DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90