Loading...
HomeMy WebLinkAboutReso 137-24 Item 6.1 Declaring Results of Special Election and Directing Recording of Notice of SpecDocusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB RESOLUTION NO. 137 — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 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 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 City of Dublin Community Facilities District No. 2024-1 (Dublin Centre)" (the "Resolution of 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, under the provisions of the Resolution of Formation and the Resolution Necessity and pursuant to "Calling Special Election for City of Dublin Community Facilities District No. 2024-1 (Dublin Centre)" (the "Election Resolution") heretofore adopted by this City 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, this City Council has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: 1. Recitals. The foregoing recitals are all true and correct. Reso. No. 137-24, Item 6.1, Adopted 11/19/2024 Page 1 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB 2. Issues Presented. The issues presented at the special election were the levy of special taxes within the CFD, the incurring of a bonded indebtedness in the maximum aggregate principal amount of $55,000,000, excluding bonds described in Section 53364.2(e) of the Act, and the approval of an initial annual appropriations limit of not to exceed $55,000,000, subject to increase in accordance with law, and levying a special tax, subject to increase in accordance with a rate and method of apportionment, all pursuant to the Resolution of Formation and the Resolution of Necessity. 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. 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 City Council with respect to the CFD were valid and in conformity with the Act. 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 Alameda 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. 6. Effective Date. This Resolution shall take effect upon its adoption. {Signatures on the following page} Reso. No. 137-24, Item 6.1, Adopted 11/19/2024 Page 2 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB 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: p—Signed by: I Gu a� t hdavristatA, Uba t9LL c, utsAU4b 1... Mayor ATTEST: City Clerk —DocuSigned by: =b/Vb IJUZZr4u/-L Reso. No. 137-24, Item 6.1, Adopted 11/19/2024 Page 3 of 4 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2024-1 (DUBLIN CENTRE) Special Tax Election, November 19, 2024 I hereby certify that on November 19, 2024, I canvassed the returns of the election held on November 19, 2024, in the City of Dublin Community Facilities District No. 2024- 1 (Dublin Centre) 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 No. of Votes Yes No. of Votes No 55 55 55 0 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? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 19th day of November, 2024. r_DocuSigned by: By: VUlOWAAL-�51 — et5(U61 u«rµutity Clerk EXHIBIT A