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HomeMy WebLinkAboutCC RES 18-23RESOLUTION NO. 18-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN IMPROVEMENT AREA NO. 1 OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) AND DIRECTING RECORDING OF A NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Section 53311, et seq., of the California Government Code (the Act), this City Council on this date adopted Resolution No. 18-22 entitled "A Resolution of the City Council Of The City of Tustin, California, Calling A Special Election for the Purpose Of Approving A Special Tax in Improvement Area No. 1 of the City of Tustin Community Facilities District No. 2018-01 (Public Services) and Establishment of an Appropriations Limit," calling a special election of the qualified electors within Improvement Area No. 1 of the City of Tustin Community Facilities District No. 2018-01 (Public Services) (the CFD); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the City Clerk (the Clerk) has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A" (the Canvass); and WHEREAS, this City Council has reviewed said Canvass and hereby approves it. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin hereby finds, determines, resolves, and orders as follows: Section 1. The questions presented at said special election were the levy of a special tax within Improvement Area No. 1 (the "Improvement Area") of the CFD to be levied in accordance with the rate and method of apportionment heretofore approved by the City Council by Resolution No. 18-20 adopted this date, entitled "A Resolution of the City Council of the City of Tustin Authorizing Formation of City of Tustin Community Facilities District No. 2018-01 (Public Services), Designating Improvement Area No. 1 Therein, and Authorizing the Levy of a Special Tax Within Said Improvement Area" and the approval of an annual appropriations limit as specified in said resolution. Section 2. Pursuant to said Canvass on file with the Clerk, the issues presented at said special election were approved by the qualified electors of the Improvement Area of the CFD by more than two-thirds (2/3) of the votes cast at said special election. Resolution No. 18-23 Page 1 of 3 Section 3. Pursuant to said voter approval, the Improvement Area of the CFD is hereby declared to be fully formed with the authority to levy special taxes as heretofore provided in these proceedings and in the Act. Section 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the CFD, and the Improvement Area thereof, were valid and in conformity with the Act. Section 5. The Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Orange a notice of special tax lien for the Improvement Area in the form required by the Act, said recording to occur no later than fifteen (15) days following adoption by the City Council of this Resolution. Section 9. This Resolution shall take effect immediately upon its adoption. Section 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 18-23 Page 2 of 3 APPROVED and ADOPTED at a meeting of the City Council of the City of Tustin on April 17, 2018. ELWYN 90MURRAY, Mayor ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Erica N. Rabe, 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. 18-23 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of April, 2018 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Resolution No. 18-23 Page 3 of 3 Murray, Gomez, Puckett, Bernstein, Clark (5) (01 (0) EXHIBIT A CANVASS AND STATEMENT OF RESULTS OF ELECTION IMPROVEMENT AREA NO.1 OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES) CITY OF TUSTIN Improvement Area No. 1 Community Facilities District No.2018-01 (Public Services) CANVASS AND STATEMENT OF RESULTS OF ELECTION I hereby certify that on April 17, 2018, 1 canvassed the returns of the election held on April 17, 2018, in Improvement Area No. 1 of the City of Tustin Community Facilities District No. 2018-01 (Public Services), and the total number of ballots cast in said Improvement Area No. 1 and the total number of votes cast for and against the measure are as follows, and the totals as shown for and against the measure are full, true and correct. BALLOT MEASURE: Shall the City of Tustin (the "City") be authorized to annually levy a special tax solely on lands within Improvement Area No. 1 (the Improvement Area") of City of Tustin Community Facilities District No. 2018-01 (Public Services) (the "CFD") in accordance with the Rate and Method of Apportionment attached to the Resolution of Formation, commencing in the City's fiscal year 2018-19, to pay for the public services described in the proceedings to form the CFD and the Improvement Area therein (herein, "Services") including to pay the costs of the City in administering the CFD and the Improvement Area therein, with the amount of money to be raised annually to initially equal $429,000, and shall the annual appropriations limit of the Improvement Area be established in the amount of $4,000,0007 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 17th day of April, 2018. &L-", ERICA N. RABE, City Clerk Qualified Vote Landowner Cast YES NO Vote Improvement Area No. 1 of City of the City of Tustin Community Tustin 15 15 0 Facilities District No. 2018-01 (Public Services) Special Tax Election April 17, 2018 BALLOT MEASURE: Shall the City of Tustin (the "City") be authorized to annually levy a special tax solely on lands within Improvement Area No. 1 (the Improvement Area") of City of Tustin Community Facilities District No. 2018-01 (Public Services) (the "CFD") in accordance with the Rate and Method of Apportionment attached to the Resolution of Formation, commencing in the City's fiscal year 2018-19, to pay for the public services described in the proceedings to form the CFD and the Improvement Area therein (herein, "Services") including to pay the costs of the City in administering the CFD and the Improvement Area therein, with the amount of money to be raised annually to initially equal $429,000, and shall the annual appropriations limit of the Improvement Area be established in the amount of $4,000,0007 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 17th day of April, 2018. &L-", ERICA N. RABE, City Clerk