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HomeMy WebLinkAboutRES CC 2005 2386 2005 0921RESOLUTION NO. 2005 -2386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING ELECTION RESULTS OF COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (MOORPARK HIGHLANDS) WHEREAS, on September 21, 2005 this Council adopted Resolution No. 2005 -2383, ordering the formation of the City's Community Facilities District No. 2004 -1 (Moorpark Highlands) (the "CFD "), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act "); and WHEREAS, this Council has also adopted Resolution No. 2005- 2384 (the "Resolution Determining Necessity "), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $43,750,000 upon the security of the special tax to be levied within the CFD pursuant to the Act; and stating its intention to incur bonded indebtedness within the boundaries of the CFD for the purpose of financing the costs of certain facilities and services specified in the Resolution of Intention; and WHEREAS, under the provisions of the Resolution of Formation and the Resolution Determining Necessity, and pursuant to Resolution No. 2005 -2385 the "Election Resolution ", heretofore adopted by this Council, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness were submitted to the qualified electors of the CFD as required by the provisions of the Act; and WHEREAS, pursuant to the terms of the Election Resolution, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election (the "Canvass "), a copy of which is attached hereto as Exhibit A; and Resolution No. 2005 -2386 Page 2 WHEREAS, this Council has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are all true and correct. SECTION 2. Issues Presented. The issues presented at the special election were the levy of a special tax within the CFD, the incurring of a bonded indebtedness in the maximum aggregate principal amount of $43,750,000, and the approval of an annual appropriations limit of not to exceed $43,750,000 all pursuant to the Resolution of Formation and the Resolution Determining Necessity. SECTION 3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than two - thirds of the votes cast at the special election. SECTION 4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes, to incur the approved bonded indebtedness and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with the Act. SECTION 5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute, and cause to be recorded in the office of the County Recorder of the County of Ventura a notice of special tax lien in the form required by the Act, such recording to occur no later than 15 days following adoption by the Council of this resolution. Resolution No. 2005 -2386 Page 3 SECTION 6. Certification. The City Clerk shall certify to the adoption of this resolution and cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 21st eptember, 200 ATTEST: Deborah S. Traffenstedt, City Clerk un-,r, elJ/ Mayor Attachments: Exhibit "A" - Certificate of City Clerk Canvass and Statement of Results of Election Resolution No. 2005 -2386 Page 4 EXHIBIT A CERTIFICATE OF CITY CLERK CANVASS AND STATEMENT OF RESULTS OF ELECTION CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 2004 -1 ( MOORPARK HIGHLANDS) VENTURA COUNTY, CALIFORNIA I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark (the "City ") hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed - ballot, landowner election called by the City Council in its "RESOLUTION CALLING SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 2004 -1 ( MOORPARK HIGHLANDS)" adopted September 21, 2005, and in accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of the City Council, and members of the pubic and City staff, counted the ballots and certify the result of that count to be as follows: TOTAL VOTES THAT COULD BE CAST 419 TOTAL VOTES CAST "YES" 419 TOTAL VOTES CAST "NO" 0 TOTAL VOTES CAST 419 THE VOTES CAST "YES" EQUAL 100% OF THE TOTAL VOTES CAST. I make this Certification on September 21, 2005. Deborah S. Traffenste , City Clerk Resolution No. 2005 -2386 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005 -2386 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of September, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 19th day of October, 2005. Deborah S. Traffenste , City Clerk (seal)