Loading...
HomeMy WebLinkAboutResolution No. 06-C042RESOLUTION NO. 06—C42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA WHEREAS, on June 5, 2006, the City Council (the "City Council") of City of Azusa (the "City") adopted a resolution determining the necessity for Community Facilities District No. 2005-1 (Rosedale) of City of Azusa, County of Los Angeles, State of California (the "District'), to incur a bonded indebtedness in an amount not to exceed $110,000,000 within the District, $80,000,000 within Improvement Area No. 1 and $30,000,000 within Improvement Area No. 2 (collectively the "Improvement Areas") for the purposes of providing certain public facilities and services for the Improvement Areas, allocating a portion of such bonded indebtedness to each of the Improvement Areas, and calling special elections for the District and the Improvement Areas on the propositions for incurring such bonded indebtedness for June 5, 2006, and providing for the consolidation of said elections with the elections on the propositions with respect to the annual levy of special taxes on taxable property within the Improvement Areas to pay principal of and interest on such bonds and the costs of certain facilities and public services, and the establishment of an appropriations limit for the District; and WHEREAS, on June 5, 2006, the City Council also adopted a resolution calling a special election (the "Election Resolution") for June 5, 2006, for submitting to the voters of the Improvement Areas the propositions with respect to the annual levy of special taxes on taxable property within the Improvement Areas to pay for certain facilities and services and pay the principal of and interest on the bonds of the District, the proposition with respect to the annual levy of special taxes within the Improvement Areas to pay the costs of constructing and financing through the construction, acquisition, furnishing and equipping of public facilities to be owned by the City and other public agencies and the proposition with respect to establishing an appropriations limit for each of the Improvement Areas, and providing for the consolidation of said elections with the elections on the propositions of the District incurring 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 for the District and the Improvement Areas 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 such propositions; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF CITY OF AZUSA AS FOLLOWS: RV PUB\BSKINNER\713682.1 0 0 Section 1. Findings. The City Council finds that: (i) there were no persons registered to vote within the boundaries of the District at the time of the close of the public or protest hearing on June 5, 2006, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the consolidated special elections for the Improvement Areas was, therefore, to be by the landowners owning land within the Improvement Areas, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Improvement Areas which would have been subject to the special tax if levied at the time of the consolidated special elections; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk caused the ballots for the consolidated special elections to be delivered the owners of the property in the Improvement Areas (the "Property Owners") by mail with return postage prepaid; (iii) the Property Owners 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 June 5, 2006; (iv) the consolidated special elections have been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, based on the acreage of their land ownership within the Improvement Areas, the Property Owners, as the owners of all of the property within the District, were entitled to the following votes in the consolidated special elections for each of the Improvement Areas: Improvement Area No. 1 - 211 votes and Improvement Area No. 2-36 votes; (vi) the ballots for the consolidated special elections were returned by the Property Owners to the City Clerk prior to the close of the public hearing on June 5, 2006; (vii) the ballots returned to the City Clerk by the Property Owners voted all votes to which they were entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the consolidated special elections on each 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 District, is therefore authorized to take the necessary action to have the District incur bonded indebtedness to finance the design, construction and acquisition of public facilities for each of the Improvement Areas, to annually levy special taxes on taxable property in the Improvement Area in amounts sufficient to pay for the public services and pay the principal of and interest on such bonds; and (x) an appropriations limit in the amount of $15,000,000 has been established for each of Improvement Areas. Section 2. Declaration of Results. All votes voted in the consolidated special elections on the propositions with respect to the Improvement Areas incurring bonded indebtedness to finance the design, construction and acquisition of public facilities for the Improvement Areas, and the annual levy of special taxes on taxable property within the Improvement Areas to pay for the facilities and public services and pay the principal of and interest on such bonds, and establishing an appropriations limit in the amount of $15,000,000 for each of the Improvement Areas 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 District, is authorized (i) to have the District incur a bonded indebtedness in an amount and for the purposes set forth in Proposition A of the Official Ballot for the consolidated special elections for each of the Improvement Areas, and (ii) to annually levy special taxes on taxable property in each of the Improvement Areas in an amount sufficient to pay for the facilities and public services and pay the principal of and interest on such bonds, at the special tax rates and pursuant to the.methodology for determining and apportioning such special taxes which are set forth in Exhibit "C" to the Resolution of Formation adopted by the City Council on June 5, 2006, RVPUB\BSKMNER\713682.1 -2- 0 0 and an appropriations limit has been established for each of the Improvement Areas in the amount of $15,000,000. Section 4. Notice of Special Tax Lien. The City Clerk is authorized and directed to record a notice of special tax lien on the property within each Improvement Area as provided in Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED this 5th day of June, 2006. L� R4� 4 %n' Diane Chagnon, Mayor ATTEST: Vera Mendoza, City Clerk RWIMBSKINNERM3682.1 -3- 0 0 CERTIFICATION I, Vera Mendoza, City Clerk of the City of Azusa do hereby certify that the foregoing resolution no. 06-C42 was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 5th day of June, 2006, by the following vote of the Council: AYES: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: NONE ABSENT: NONE ABSTAINED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 5`s day of June, 2006. (SEAL) R V PUB\BSKINNER\713682.1 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, hereby certify this to be a true and correct copy of Resolution Number 06-C42. Witness my hand and the seal of the City of Azusa this 5s' day of June, 2006. era Mendoza City Clerk