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HomeMy WebLinkAboutResolution No. 11-C81RESOLUTION NO. 11-C81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR IMPROVEMENT AREA NO. 2 OF CITY OF AZUSA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) ON THE QUESTION OF WHETHER THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR SAID IMPROVEMENT AREA SHOULD BE AMENDED AND RESTATED WHEREAS, on November 21, 2011, the City Council (the "City Council") of the City of Azusa (the "City") adopted a resolution (the "Election Resolution") calling a special election within and for Improvement Area No. 2 (the "Improvement Area") of City of Azusa Community Facilities District No. 2005-1 (Rosedale) (the "District') on the question of whether to amend and restate the Rate and Method of Apportionment of Special Tax for Improvement Area No. 2 of the District (the "Original RMA") to implement, among other things, changes to the rates of special tax to be levied on parcels of taxable property within the Improvement Area to pay debt service on the bonds of the District that may be issued to finance the design, construction and acquisition of public facilities authorized to be financed by the District, or to pay the costs of the provision, construction and acquisition of such public facilities and/or to accumulate funds therefor, as provided in the Amended and Restated Rate and Method of Apportionment of Special Tax for the Improvement Area (the "Amended and Restated RMA") which is attached as Exhibit "B" to Resolution No. 11-C80 of the City Council of the City of Azusa on November 21, 2011; 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 special election within and for the Improvement Area and act as the election official for such election, with respect to the canvass of the ballots returned and the results of the special election, certifying that more than two-thirds of the votes cast upon the question submitted to the voters in the special election were cast in favor of such question. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) there were no persons registered to vote within the boundaries of the Improvement Area at the time of the close of the public hearing on November 21, 2011, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the special election was, therefore, to be by the landowners owning land within the Improvement Area, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Improvement Area that would have been subject to the special tax if levied at the time of the special election; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk caused to be mailed to Rosedale Land Partners, II, LLC, a Delaware limited liability company, and William Lyon Homes, Inc., a California corporation, the owners of all of the taxable property within the Improvement Area (the "Owners"), ballots for the special election; (iii) the Owners waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on November 21; 2011; (iv) the special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Owners, which collectively owned approximately 26.857 acres of taxable property in the Improvement Area, were entitled to 28 votes in the special election; (vi) ballots for the special election within and for the Improvement Area were returned by the Owners to the City 45635.08001\6996525.1 2 Clerk prior to the hour on the date of the election specified by the City Council for the return of voted ballots; (vii) the ballots returned to the City Clerk by the Owners voted all votes to which they were entitled in favor of the proposition set forth therein; (viii) more than two- thirds of the votes cast in the special election on said proposition were cast in favor thereof, and pursuant to Sections 53328 and 53338(b) of the California Government Code, the proposition carried; (ix) the City Council, as the legislative body for the District, is authorized to levy special taxes on taxable property in the Improvement Area to pay debt service on the bonds that may be issued to finance the design, construction and acquisition of public facilities authorized to be financed by the District, or to pay the costs of the provision, construction and acquisition of such public facilities and/or to accumulate funds therefor at the special tax rates and pursuant to methodology for determining and apportioning such special taxes that are set forth in the Amended and Restated RMA for the Improvement Area that is attached as Exhibit `B" to Resolution No. 11-C80 adopted by the City Council on November 21, 2011. Section 2. Declaration of Results. All votes voted in the special election within and for the Improvement Area on the question with respect to the revision of the Original RMA for the Improvement Area to implement, among other things, changes to the rates of special tax to be levied on parcels of taxable property in the Improvement Area to pay debt service on the bonds that may be issued to finance the design, construction and acquisition of public facilities authorized to be financed by the District, or to pay the costs of the provision, construction and acquisition of such public facilities and/or to accumulate funds therefor, as provided in the Amended and Restated RMA for the Improvement Area which is 45635.09001\6996525.1 3 attached as Exhibit `B" to Resolution No. 11-C80 adopted by the City Council on November 21, 2011, were voted in favor thereof, and the proposition carried. Section 3. Effect of Election. The effect of the results of the special election within and for the Improvement Area, as specified in Section 2 hereof, is that the City Council, as the legislative body of the District, is authorized to levy special taxes on taxable property within the Improvement Area in an amount sufficient to pay debt service on the bonds of the District that may be issued to finance the design, construction and acquisition of public facilities authorized to be financed by the District for the Improvement Area, or to pay the costs of the provision, construction and acquisition of such public facilities and/or to accumulate funds therefor, as provided in the Amended and Restated RMA for the Improvement Area which is attached as Exhibit `B" to Resolution No. 11-C80 adopted by the City Council of the City of Azusa on November 21, 2011. Pursuant to Section 53338(b) of the California Government Code, the City Council finds that the matters described in the preceding sentence have been lawfully authorized. Section 4. Amendment to Notice of Special Tax Lien. The City Clerk shall record an amendment to the notice of special tax lien for the District pursuant to Section 53338(c) of the California Government Code and Section 3117.5 of the California Streets and Highways Code. ADOPTED by the City Council this 21 st day of November, 2011. e Rocha, Mayor the City of Azusa Attest: Vera Mendoza, City Clerk of the Cit of Azusa 45635.08001\6996525.1 4 CERTIFICATION I, Vera Mendoza, City Clerk of the City of Azusa, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 21st day of November, 2011 by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 21sT day of November, 2011. RA MENDOZA City Clerk of the City of Azusa 45635.08001\6996525.1 5