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HomeMy WebLinkAboutReso 136-24 Item 6.1 Calling Special Election for City of Dublin Community Facilities District No. 2Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB RESOLUTION NO. 136 — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING SPECIAL ELECTION FOR CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2024-1 (DUBLIN CENTRE) 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. 2024-1 (Dublin Centre)" (the "Resolution of Formation"), ordering the formation of the City of Dublin Community Facilities District No. 2024-1 (Dublin Centre) (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. 2024-1 (Dublin Centre)" (the "Resolution Determining Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $55,000,000, 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 Reso. No. 136-24, Item 6.1, Adopted 11/19/2024 Page 1 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB authorized representatives, each having one vote for each acre or portion thereof 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 November 19, 2024, and the results thereof canvassed at the meeting of this City Council on November 19, 2024. 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 election, 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 have 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 election. 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 Reso. No. 136-24, Item 6.1, Adopted 11/19/2024 Page 2 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB 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 19th day of November 2024, by the following vote: AYES: Councilmembers Hu, Josey, Thalblum and Mayor McCorriston NOES: Councilmember Qaadri ABSENT: ABSTAIN: ATTEST: City Clerk DocuSigned by: 3DD7001:D22r40A... Signed by: Mayor DSA0431.. Reso. No. 136-24, Item 6.1, Adopted 11/19/2024 Page 3 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB EXHIBIT A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2024-1 (DUBLIN CENTRE) 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 $55,000,000, 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. 2024- 1 (Dublin Centre) (the "CFD"), the proceeds of which bonds will be used to acquire and/or construct certain facilities and the costs of issuing the bonds and related expenses as set forth in the list of authorized facilities and services for the CFD attached hereto; (ii) special taxes levied upon lands within the CFD at rates of $3,099 to $8,566/residential unit (with other property taxed at other rates), subject to annual escalation, through Fiscal Year 2064-65, raising $2,813,087 in Fiscal Year 2024-25 (assuming full build -out of the CFD), to pay for the principal and interest upon such bonds, to pay the costs of the City in administering 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 in accordance with the rate and method of apportionment of special taxes for the CFD attached hereto; and (iii) the initial annual appropriations limit of the CFD shall initially be established in the amount of $55,000,000, subject to escalation, be adopted? YES: NO: