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HomeMy WebLinkAboutItem No. 09 Official Ballots CFD No. 2006-1 Area JJ & KK OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 You are entitled to cast 25 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 City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area JJ of , the District in the maximum principal amount of $7,000,000, YES LL` with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Facilities Incidental Expenses for Improvement Area JJ described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "B" to the Resolution of Intention, for Improvement Area JJ of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES + Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area JJ? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the YES '+" California Constitution, for the District be increased by an amount equal to $2,000,000? NO McMillin Summerly, LLC DOCSOC/1802858vl/022042-0018 OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 You are entitled to cast 14 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 City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area JJ of the District in the maximum principal amount of $7,000,000, YES with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Facilities Incidental Expenses for Improvement Area JJ described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "B" to the Resolution of Intention, for Improvement Area JJ of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area JJ? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the YES California Constitution, for the District be increased by an amount equal to $2,000,000? NO Western Pacific Housing,Inc. DOCSOC/1802858v 1/022042-0018 OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA KK) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 You are entitled to cast 24 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 City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area KK of the District in the maximum principal amount of YES k' $5,700,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the NO Facilities and the Facilities Incidental Expenses for Improvement Area KK described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "C" to the Resolution of Intention, for Improvement Area KK of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area KK? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the YES California Constitution, for the District be increased by an amount equal to $1,000,000? NO McMillin Summerly,LLC DOCSOC/1802857v l/022042-0018 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) The undersigned, Brian Milich, acting on behalf of the McMillin Summerly, LLC, a Delaware limited liability company (the "Owner"), hereby certifies to the City of Lake Elsinore (the "City"), with respect to the proposed formation of Improvement Area JJ of City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (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 Improvement Area JJ (the "Improvement Area") of the District. The Owner hereby appoints Brian Milich to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below: f Signature of Brian Milich: (--. 2. The Owner is the present owner of 24.66 acres of land located within the proposed boundaries of the Improvement Area. There are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding March 28, 2017. 3. The Owner has received notice of the March 28, 2017 public hearing to be held by the City Council of the City regarding the levy of a special tax in the Improvement Area and the incurring of bonded indebtedness by the District for the Improvement Area. The Owner agrees that it received adequate notice of the March 28, 2017 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 Improvement Area and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 2017-016 and 2017-017 adopted by the City Council on January 24, 2017 (together, the "Resolutions") to finance the facilities and services as set forth in the Resolutions. 5. The undersigned understands that if the Improvement Area is formed on or after March 28, 2017, an election will be held by the District for the Improvement Area on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 28, 2017 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 1 DOCSOC/1802855v1/022042-0018 or after the close of the March 28, 2017 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 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 for the Improvement Area 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 for the Improvement Area. Dated: March 1/, 2017 McMillin Summerly, LLC, a Delaware limited liability company By: PV Development Management LLC, a Delaware limited liability company, as property manager By: Pacific Ventures Management LLC, a Delaware limited liability company, its Manager B .f [� Y 91 L Name: Brian Milich Its: Vice President 2 DOCSOC/1802855v1/022042-0018 EXHIBIT A SAMPLE OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 PROPOSITION A: Shall City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area JJ of the District in the maximum principal amount of $7,000,000, YES with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Facilities Incidental Expenses for Improvement Area JJ described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "B" to the Resolution of Intention, for Improvement Area JJ of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area JJ? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the YES California Constitution, for the District be increased by an amount equal to $2,000,000? NO A-1 DOCSOC/18028550/022042-0018 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA KK) The undersigned, Brian Milich, acting on behalf of the McMillin Summerly, LLC, a Delaware limited liability company (the "Owner"), hereby certifies to the City of Lake Elsinore (the "City"), with respect to the proposed formation of Improvement Area KK of City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (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 Improvement Area KK (the "Improvement Area") of the District. The Owner hereby appoints Brian Milich to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below: Signature of Brian Milich: _ zl� 2. The Owner is the present owner of 23.80 acres of land located within the proposed boundaries of the Improvement Area. There are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding March 28, 2017. 3. The Owner has received notice of the March 28, 2017 public hearing to be held by the City Council of the City regarding the levy of a special tax in the Improvement Area and the incurring of bonded indebtedness by the District for the Improvement Area. The Owner agrees that it received adequate notice of the March 28, 2017 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 Improvement Area and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 2017-016 and 2017-017 adopted by the City Council on January 24, 2017 (together, the "Resolutions") to finance the facilities and services as set forth in the Resolutions. 5. The undersigned understands that if the Improvement Area is formed on or after March 28, 2017, an election will be held by the District for the Improvement Area on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 28, 2017 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 1 D OCSOC/1802856v2/022042-0018 or after the close of the March 28, 2017 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 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 for the Improvement Area 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 for the Improvement Area. Dated: March ;', 2017 McMillin Summerly, LLC, a Delaware limited liability company By: PV Development Management LLC, a Delaware limited liability company, as property manager By: Pacific Ventures Management LLC, a Delaware limited liability company, s Manager By: Name: Brian Milich Its: Vice President 2 D O C S O C/18 028 56v2/022042-0018 EXHIBIT A SAMPLE OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA KK) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 PROPOSITION A: Shall City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area KK of the District in the maximum principal amount of YES $5,700,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the NO Facilities and the Facilities Incidental Expenses for Improvement Area KK described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "C" to the Resolution of Intention, for Improvement Area KK of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area KK? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XI1113 of the YES California Constitution, for the District be increased by an amount equal to $1,000,000? NO A-1 D O C S O C/18 02856v2/022042-0018 B-B-HORMN NYqE Transmittal To: Susan Domen City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 From: Barbara Murakami CC: Date: March 22,2017 Re: City of Lake Elsinore CFD No.2006-1 Dear Susan Please find attached the executed Waiver and sealed envelope with completed ballot for CFD No. 2006-1. Sincerely, D.R. Horton"America's Builder' Barbara M. Murakami Vice President Forward Planning 0 Page 1 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) The undersigned, Barbara M. Murakami, acting on behalf of the Western Pacific Housing, Inc., a Delaware corporation (the "Owner"), hereby certifies to the City of Lake Elsinore (the "City"), with respect to the proposed formation of Improvement Area JJ of City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (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 Improvement Area JJ (the "Improvement Area") of the District. The Owner hereby appoints Barbara M. Murakami to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below: Signature of Barbara M. Murakami: uiA b- 2. The Owner is the present owner of 13.76 acres of land located within the proposed boundaries of the Improvement Area. There are no registered voters residing within the territory owned by the Owner and have been none during the 90-day period preceding March 28, 2017. 3. The Owner has received notice of the March 28, 2017 public hearing to be held by the City Council of the City regarding the levy of a special tax in the Improvement Area and the incurring of bonded indebtedness by the District for the Improvement Area. The Owner agrees that it received adequate notice of the March 28, 2017 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 Improvement Area and the imposition of the special tax and the issuance of bonded indebtedness, as set forth in Resolutions No. 2017-016 and 2017-017 adopted by the City Council on January 24, 2017 (together, the "Resolutions") to finance the facilities and services as set forth in the Resolutions. 5. The undersigned understands that if the Improvement Area is formed on or after March 28, 2017, an election will be held by the District for the Improvement Area on the propositions set forth in the sample ballot attached hereto as Exhibit "A" less than 90 days after the close of the March 28, 2017 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 1 D O C S O C/1802854v2/022042-0018 or after the close of the March 28, 2017 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 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 for the Improvement Area 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 for the Improvement Area. Dated: March . 2017 WESTERN PACIFIC HOUSING, INC., a Delaware corporati0 By ' Name: Barbara M. Murakami Its: Vice President, Forward Planning & Entitlements 2 D O C S O C/18 02854v2/022042-0018 EXHIBIT A SAMPLE OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) (IMPROVEMENT AREA JJ) SPECIAL TAX AND SPECIAL BOND ELECTION March 28, 2017 PROPOSITION A: Shall City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "District") incur an indebtedness and issue bonds for Improvement Area JJ of the District in the maximum principal amount of $7,000,000, YES with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the NO Facilities Incidental Expenses for Improvement Area JJ described in Resolution No. 2017-016 (the "Resolution of Intention"), adopted by the City Council of the City of Lake Elsinore, acting as the legislative body of the District? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment "B" to the Resolution of Intention, for Improvement Area JJ of the District, be levied to pay for the Facilities, Facilities Incidental Expenses, the Services and the Services Incidental Expenses (as such terms are defined in the Resolution of YES Intention) and other purposes described in the Resolution of Intention, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Facilities Incidental Expenses for Improvement Area JJ? PROPOSITION C: Shall the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the YES California Constitution, for the District be increased by an amount equal to $2,000,000? NO A-1 D O C S O C/18 02854v2/022 042-0018 0 v 71 Al � nd a� O 65d N O � U '� a U .? a d U '� U OR cn o °' -d H '` lK in ? 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