HomeMy WebLinkAboutReso 123-23 Item 6.1 Calling a Special Election for City of Dublin Community Facilities District No. 2023-1 (East Ranch)Reso. No. 123-23, Item 6.1, Adopted 12/05/2023 Page 1 of 4
RESOLUTION NO. 123-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CALLING A SPECIAL ELECTION FOR CITY OF DUBLIN COMMUNITY
FACILITIES DISTRICT NO. 2023-1 (EAST RANCH)
WHEREAS, the City Council (the “City Council”) of the City of Dublin (the “City”)
has adopted a resolution entitled “Forming the City of Dublin Community Facilities District
No. 2023-1 (East Ranch)” (the “Resolution of Formation”), ordering the formation of the
City of Dublin Community Facilities District No. 2023-1 (East Ranch) (the “CFD”),
authorizing the levy of special taxes 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 City Council has also adopted a resolution entitled “Determining
Necessity to Incur Bonded Indebtedness for the City of Dublin Community Facilities
District No. 2023-1 (East Ranch)” (the “Resolution Determining Necessity”), determining
the necessity to incur bonded indebtedness in the maximum aggregate principal amount
of $67,000,000, excluding bonds described in Section 53364.2(e) of the Act, upon the
security of the special tax to be levied within the CFD for facilities and bonds pursuant to
the Act; and
WHEREAS, pursuant to the provisions of the Resolution of Formation and the
Resolution Determining Necessity, the propositions of the levy of the special tax, the
establishment of the appropriations limit and the incurring of the bonded indebtedness
shall be submitted to the qualified electors of the CFD as required by the provisions of the
Act.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin hereby finds, determines and resolves as follows:
1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the
Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and
the establishment of the appropriations limit shall be submitted to the qualified electors
(as defined below) of the CFD at an election called therefor as provided below.
2. Qualified Electors. This City Council hereby finds that fewer than 12
persons have been registered to vote within the territory of the CFD for each of the 90
days preceding the close of the public hearings heretofore conducted and concluded by
this Council for the purposes of these proceedings. Accordingly, and pursuant to Section
53326 of the Act, this City Council finds that, for these proceedings, the qualified electors
are the landowners within the CFD and that the vote shall be by such landowners or their
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Reso. No. 123-23, Item 6.1, Adopted 12/05/2023 Page 2 of 4
authorized representatives, each having one vote for each acre or portion t hereof such
landowner owns in the CFD as of the close of the public hearings.
3. Conduct of Election. This City Council hereby calls a special election to
consider the measures described in section 1 above, which election shall be held on
December 5, 2023, and the results thereof canvassed at the meeting of this City Council
on December 5, 2023. The City Clerk is hereby designated as the official to conduct the
election and to receive all ballots until 7:00 p.m. on the election date. It is hereby
acknowledged that the City Clerk has on file the Resolution of Formation, a certified map
of the boundaries of the CFD, and a sufficient description to allow the City Clerk to
determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election
shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the
California Elections Code. This City Council hereby finds that paragraphs (a), (b), and
(c) (1) of Section 4000 and Section 4108 are applicable to this special elect ion, except
that Sections 53326 and 53327 of the Act shall govern for purposes of determining the
date of the election.
4. Ballot. As authorized by Section 53353.5 of the Act, the three propositions
described in section 1 above shall be combined into a single ballot measure, the form of
which is attached hereto as Exhibit “A” and by this reference incorporated herein and the
form of ballot is hereby approved. The City Clerk is hereby authorized and directed to
cause a ballot, in substantially the form of Exhibit “A,” to be delivered to each of the
qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted
by the respective landowner to which the ballot pertains. Each ballot shall be
accompanied by all supplies and written instructions necessary for the use and return of
the ballot.
5. Waivers. This Council hereby further finds that the provisions of Section
53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution
of Formation to elapse before the special election are for the protection of the qualified
electors of the CFD. There is on file with the City Clerk a written waiver executed by all
of the qualified electors of the CFD allowing for a shortening of the time for the special
election to expedite the process of formation of the CFD and waiving any requirement for
notice, analysis and arguments in connection with the election. Accordingly, this Council
finds and determines that the qualified electors have been fully apprised of and h ave
agreed to the shortened time for the election and waiver of analysis and arguments, and
have thereby been fully protected in these proceedings. This Council also finds and
determines that the City Clerk has concurred in the shortened time for the elec tion.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
6. Accountability. The City Council hereby finds that the proposed debt
issuance constitutes a “local bond measure” within the meaning of Sections 53410, et
seq. of the California Government Code. As a result, the bond measure shall include the
propositions set forth above and the following: (a) the specific purpose of the bonds shall
be as set forth in the propositions; (b) any proceeds received from the sale of any bonds
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shall be applied only to the purposes set forth in the propositions; (c) the proceeds of any
bonds shall be deposited into special accounts to be created therefor as part of the
issuance of the bonds; and (d) the City shall cause a report to be prepared annually under
Section 53411 of the Government Code.
7. Effective Date. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED this 5th day of December 2023, by the
following vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
__________________________
Mayor
ATTEST:
__________________________
City Clerk
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Reso. No. 123-23, Item 6.1, Adopted 12/05/2023 Page 4 of 4
EXHIBIT A
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(EAST RANCH)
OFFICIAL BALLOT MEASURE
SPECIAL TAX ELECTION
BALLOT MEASURE: Shall the measure pursuant to
which (i) the City of Dublin shall incur an indebtedness
and issue bonds in the maximum aggregate principal
amount of not to exceed $67,000,000, excluding bonds
described in Section 53364.2(e) of the Act, 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 the City of Dublin Community Facilities
District No. 2023-1 (East Ranch) (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; (ii) special
taxes payable solely from lands within the CFD shall be
levied annually, commencing in the City’s fiscal year
2023-24, 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 paying for certain services; and (iii) the initial
annual appropriations limit of the CFD shall be
established in the amount of $67,000,000 be adopted?
YES:____
NO:_____
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