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HomeMy WebLinkAboutCC RES 14-42I RESOLUTION NO. 14-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), CERTIFYING THE RESULTS OF THE JUNE 17, 2014 SPECIAL TAX AND BOND ELECTIONS WHEREAS, the City Council (the "City Council ") of the City of Tustin, California (the "City "), acting as the legislative body of the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) (the "Community Facilities District'), called and duly held elections on June 17, 2014 within the boundaries of the Community Facilities District pursuant to its Resolution Nos. 14 -40 and 14 -41 for the purpose of presenting to the qualified electors within the Community Facilities District the propositions in the sample ballot which is attached hereto as Exhibit A; and WHEREAS, there has been presented to the City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Exhibit B; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), AS FOLLOWS: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the Community Facilities District. Section 2. Propositions A, B and C presented to the qualified electors of the Community Facilities District on June 17, 2014 were approved by more than two- thirds of the votes cast at the election held for the Community Facilities District, and each of Propositions A, B and C has carried. The City Council is hereby authorized to levy on the land within the Community Facilities District the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $29,000,000 specified in Proposition A. 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 notice of special tax lien which Bond Counsel to the Community Facilities District shall prepare in the form required by Streets and Highways Code Section 3114.5. Resolution No. 14 -42 Page 1 of 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -42 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17"' day of June 2014, by the following vote: COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) JEFFREYP .PARKER, City Clerk Attachments: Exhibits A and B Resolution No. 14 -42 Page 2 of 2 EXHIBIT A SAMPLE BALLOT CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 ( TUSTIN LEGACY /STANDARD PACIFIC) SPECIAL TAX AND SPECIAL BOND ELECTION June 17, 2014 This ballot represents 79 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. PROPOSITION A: Shall the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) (the "District') incur an indebtedness and issue bonds of the District in the maximum principal amount of $29,000,000, with interest at a rate or rates not to exceed the YES maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 14-34 adopted by the NO City Council of the City of Tustin? PROPOSITION B: Shall special taxes with a rate and method of apportionment as provided in Resolution No. 14 -40 adopted by the City of Tustin, acting as the legislative body of the District, be levied to pay for the Facilities, Services, Incidental Expenses and other purposes YES described in Resolution No. 14-34, including the payment of the principal of and interest on bonds issued by the District to finance the Facilities and NO Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2014 -15, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the District be an amount YES equal to $29,000,000? NO 0 I MAYOR'S OFFICIAL BALLOT CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY /STANDARD PACIFIC) SPECIAL TAX AND SPECIAL BOND ELECTION ,Tune 17, 2014 This ballot represents 79 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. PROPOSITION A: Shall the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) (the "District') incur an indebtedness and issue bonds of the District in the maximum principal amount of $29,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 14 -34 adopted by the City Council of the City of Tustin? PROPOSITION B: Shall special taxes with a rate and method of apportionment as provided in Resolution No. 14-40 adopted by the City of Tustin, acting as the legislative body of the District, be levied to pay for the Facilities, Services, Incidental Expenses and other purposes described in Resolution No. 14 -34, including the payment of the principal of and interest on bonds issued by the District to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal shall the appropriations limit, as defined by subdivision (h) Article XIIIB of the California Constitution, for the District equal to $29,000,000? DOCSOC/1662867v4200350 -0011 YES NO YES--t_ NO Year 2014 -15, of Section 8 of YES be an amount NO 0 u CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Jeffrey C. Parker, City Clerk of City of Tustin, do hereby certify that I have examined the returns of the Special Tax and Special Bond Election for the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) (the "Community Facilities District"). The election was held in the chambers of the City Council at 300 Centennial Way, Tustin, California, on June 17, 2014. 1 caused to be delivered a ballot to the authorized representative of each qualified elector. One (1) ballot was returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A YES: 79 YES: 79 NO: 0 NO: 0 TOTAL: 79 TOTAL: 79 Dated this 17`h day of June, 2014. PROPOSITION C YES: 79 NO: 0 TOTAL: 79 fN - PARKER,