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HomeMy WebLinkAboutResolution No. 02-C044RESOLUTION NO. 02-C44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSADECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (i) INCURRING A BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $11,000,000, (ii) THE ANNUAL LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON BONDS, AND (iii) THE ESTABLISHMENT OF AN APPROPRI- ATIONS LIMIT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN WHEREAS, on April 15, 2002, the City Council (the "City Council") of the City of Azusa (the "City") adopted a Resolution determining the necessity for Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California (the "Community Facilities District"), to incur a bonded indebtedness in an amount not to exceed $11,000,000 and calling a special election on the proposition of incurring such a bonded indebtedness for April 15, 2002, and providing for the consolidation of that election with the election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay principal of and interest on such bonds, and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on April 15, 2002, the City Council also adopted a resolution calling a special election (the "Election Resolution") for April 15, 2002, for submitting to the voters of the Community Facilities District the proposition with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds thereof, and the proposition with respect to the establishment of an appropriations limit for the Community Facilities District, and providing for the consolidation of that election with the election on the proposition of the Community Facilities District incurring a bonded indebtedness; and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct the consolidated special elections and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the consolidated special elections, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated special elections were cast in favor of approving all such propositions; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) there were five persons registered to vote within the boundaries of the Community Facilities District at the time of the close RVPUB\BJS\630025 i 0 0 ofthe protest hearing on April 15, 2002, and pursuant to Section 53326 ofthe California Government Code ("Section 53326") the vote in the consolidated special elections was, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the consolidated spe- cial elections; (ii) pursuant to Section 53326 and the Election Resolution. the City Clerk distributed the ballots for the consolidated special elections to Azusa Associates, LLC, the owner of all of the land included within the boundaries of the Community Facilities District (the 'Property Owner") by overnight mail with return postage prepaid; (iii) the Property Owner waived the time limits for holding the consolidated special elections and the election dates specified in Section 53326, and consented to the calling and holding of the consolidated special elections on April 15, 2002; (iv) the consolidated special elections have been properly conducted in accordance with all statutory require- ments and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owner, which owned approximately108.926 acres, was entitled to a total of 109 votes; (vi) the ballot was returned to the City Clerk prior to 7:30 p.m. on April 15, 2002, by the Property Owner; (vii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the consoli- dated special elections on each such proposition were cast in favor thereof, and pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all such propositions carried; (ix) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to have the Community Facilities District incur a bonded indebtedness in an amount not to exceed $11,000,000, and to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the principal of and interest on the bonds of the Community Facilities District; and (x) an appropriations limit for the Community Facili- ties District has been established in the amount of $2,000,000. Section 2. Declaration of Results. All votes voted in the consolidated special elections on the propositions with respect to the Community Facilities District incurring a bonded indebtedness in an amount not to exceed $11,000,000, the annual levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds thereof, and the establishment of an appropriations limit in the amount of $2,000,000 for the Community Facilities District were voted in favor thereof, and all such propositions carried. Section 3. Effect of Elections. The effect of the results of the consolidated special elections, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to have the Community Facilities District incur a bonded indebtedness in an amount not to exceed $11,000,000 for the purposes set forth in Proposition A of the Official Ballot for the consolidated special elections, and, after the Community Facilities District has incurred a bonded indebtedness and issued bonds therefor, to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the principal of and interest on the bonds at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council on April 15, 2002, and an appropriations limit has been established for the Community Facilities District in the amount of $2,000,000. RVPUB\B1S%30024 -2- 0 0 Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED this 15th day of April, 2002. Cristina Cruz -Madrid Mayor of the City of Azusa r a,aa a�awauucaa City Clerk of the City of Azusa RVPUB\B15\630024 -3- CERTIFICATION I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 15th day of April, 2002, by the following vote of the Council: AYES: NARDISON, ROCHA,CHAGNON,MADRID NOES: NONE ABSENT: STANFORD ABSTAINED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 15 day of APRIL, 2002. City Clerk of the City of Azusa (SEAL) RVPUB\B1S\630024 -4