The URL can be used to link to this page

Home My WebLink AboutRES CC 2010 2938 2010 0707RESOLUTION NO. 2010 -2938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING RESULTS OF SPECIAL ANNEXATION TO COMMUNITY FACILITIES DISTRICT 2004 -1 AND AMENDMENT OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed ( "Annexation No. 1") to Community Facilities District No. 2004 -1 (Moorpark Highlands) (the "CFD "), all as described in "A Resolution of the City Council of the City of Moorpark Authorizing Annexation of Territory to Community Facilities District 2004 -1, Authorizing the Levy of Special Taxes in the Annexed Area and Submitting the Levy of Tax to Qualified Electors ", adopted July 7, 2010; WHEREAS, pursuant to the terms of the resolution which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election, a copy of which is attached hereto as an Exhibit; and WHEREAS, this Council has reviewed the Canvass and hereby approves it. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The issue presented at the special election was the annexation of territory to the CFD and acceptance of the proposed First Amended Rate and Method of Apportionment for the CFD to authorize a special tax within the annexed area, to be levied in accordance with the formula heretofore approved by this Council as described in "A Resolution of the City Council of the City of Moorpark of Annexation of Territory to Community Facilities District, Authorizing the Levy of Special Taxes in the Annexed Area and Submitting the Levy of Tax to Qualified Electors ", adopted July 7, 2010. SECTION 2. Pursuant to the Canvass on file with the City Clerk, this Council finds that the issue presented at the special election was approved unanimously by the single landowner /elector of the land within the Annexation No. 1 area at the special election. Resolution No. 2010 -2938 Page 2 SECTION 3. Pursuant to such approval, Annexation No. 1 to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council is authorized to and may levy special taxes therein in accordance with the First Amended Rate and Method of Apportionment for the CFD as heretofore provided in these proceedings. SECTION 4. It is hereby found that all prior proceedings and actions taken by this Council in and for the CFD and the Annexation No. 1 thereto were valid and in conformity with the Act. SECTION 5. Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Ventura, an Amended Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code to reflect the subject of this proceeding. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of July, 2010. Ja �e S. Parvin, Mayor ATTEST: Maureen Benson, Assistant City Clerk Exhibit: Canvass and Statement of Result of Election Resolution No. 2010 -2938 Page 3 EXHIBIT CITY OF MOORPARK Community Facilities District No. 2004 -1 (Moorpark Highlands) Annexation No. 1 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on this date, I canvassed the returns of the election held on this date, in the territory annexed to Community Facilities District No. 2004 -1 (Moorpark Highlands) of the City of Moorpark which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory to be annexed and subject to a special tax 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: Qualified Landowner Votes Votes Cast YES NO City of Moorpark Community Facilities District No. 2004 -1 (Moorpark Highlands), Annexation No. 1 Special Tax Annexation Election, July 7, 2010 22 22 X BALLOT MEASURE: Shall the City of Moorpark, by and for its Community Facilities District No. 2004 -1 (Moorpark Highlands) (the "CFD "), be authorized to annex territory to the CFD and levy special taxes within the annexed territory pursuant to and as described in the Resolution of the Council of the City of Moorpark of Annexation of Territory to Community Facilities District, Authorizing the Levy of Special Taxes in the Annexed Area and Submitting the Levy of Tax to Qualified Electors, proposed by such Council on July 7, 2010? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 7th day of July, 2010. CITY OF MOORPARK Clerk City `ii E Resolution No. 2010 -2938 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2010 -2938 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of July, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 9th day of July, 2010. Maureen Benson, Assistant City Clerk (seal)