HomeMy WebLinkAboutRES CC 2018 3680 2018 0221 RESOLUTION NO. 2018-3680
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING RESULTS OF
SPECIAL ELECTION AND DIRECTING RECORDING OF
NOTICE OF SPECIAL TAX LIEN REGARDING
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (PACIFIC
ARROYO)
WHEREAS, this City Council (the "Council") of the City of Moorpark (the "City")
has adopted a resolution entitled "A Resolution of Formation of the City Council of the
City of Moorpark to Form Community Facilities District No. 2018-1 (Pacific Arroyo)" (the
"Resolution of Formation"), ordering the formation of the "City of Moorpark Community
Facilities District No. 2018-1 (Pacific Arroyo)" (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, the Council has also adopted a resolution entitled "A Resolution
Determining Necessity to Incur Bonded Indebtedness for the City of Moorpark
Community Facilities District No. 2018-1 (Pacific Arroyo)" (the "Resolution Determining
Necessity"), determining the necessity to incur bonded indebtedness in the maximum
aggregate principal amount of $25,000,000 upon the security of the special tax to be
levied within the CFD pursuant to the Act; and
WHEREAS, under the provisions of the Resolution of Formation and the
Resolution of Necessity and pursuant to a "A Resolution of the City Council of the City
of Moorpark Calling Special Election Regarding Community Facilities District No. 2018-
1 (Pacific Arroyo)" (the "Election Resolution"), heretofore adopted by the 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
WHEREAS, the 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.
Resolution No. 2018-3680
Page 2
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 $25,000,000, and the approval of an
annual appropriations limit of not to exceed $2,500,000, all pursuant to the Resolution of
Formation and the Resolution of 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 (2/3) 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 the 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 fifteen (15) days following adoption by the Council of this Resolution.
SECTION 6. Effective Date. This Resolution shall take effect upon its
adoption.
SECTION 7. 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 21st day of February, 2018
t' 1/
. -ice S. Parvin, Mayor
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Maureen Benson, City Clerk %jv�
Attachment: Exhibit A— Canvass and Statement of Result of Election 41'00 `''':
Resolution No. 2018-3680
Page 3
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF MOORPARK
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(PACIFIC ARROYO)
I hereby certify that on February 21, 2018, I canvassed the returns of the election held
on February 21, 2018, in the City of Moorpark Community Facilities District No. 2018-1 (Pacific
Arroyo) and the total number of ballots cast in said election 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 3 3 3 0
No. 2018-1 (Pacific Arroyo),
Special Tax Election, February 21, 2018
BALLOT MEASURE: Shall the City of Moorpark incur an
indebtedness and issue bonds in the maximum aggregate
principal amount of not to exceed $25,000,000 (excluding bonds
described in Section 53364.2(e) of the California Government
Code) with interest at a rate or rates not to exceed the maximum
interest rate permitted by law at the time of sale of such bonds on
behalf of City of Moorpark Community Facilities District No. 2018-
1 (Pacific Arroyo) (the "CFD"), the proceeds of which bonds will be
used to acquire and/or construct certain facilities and pay for the
costs of issuing the bonds and related expenses; shall a special
tax payable solely from lands within the CFD be levied annually,
commencing in the City's fiscal year 2018-19, upon lands within
the CFD to pay for the principal and interest upon such bonds, to
pay the costs of the City in administering the CFD, and to pay for
the costs of acquiring and/or constructing certain facilities; and
shall the annual appropriations limit of the CFD be established in
the amount of$2,500,000?
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
21st day of February, 2018.
By.
e:= INF Maureen Benson, City Clerk
41.4/art,1157 City of Moorpark
917 O ‘0V0.
Resolution No. 2018-3680
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2018-3680 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 21st day of February, 2018,
and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 27th day of February, 2018.
Maureen Benson, City Clerk
(seal)
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