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HomeMy WebLinkAboutReso 99-15 Dublin Crossing CFD Ballot Election RESOLUTION NO. 99-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING THE RESULTS OF THE SPECIAL MAILED-BALLOT ELECTION FOR CFD No. 2015-1 AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Community Facilities District No. 2015-1 (Dublin Crossing) WHEREAS, at the close of the public hearing on this date with respect to its proposed City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) ("CFD No. 2015-1"), this City Council (this "City Council") of the City of Dublin (the "City") found and determined that a majority protest was not made at the hearing, as provided by the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act") and specifically Section 53324 of the Act; and WHEREAS, having determined that a majority protest was not made, this City Council adopted the following resolutions: a. Resolution of Formation, pursuant to Section 53325.1 of the Act, thereby concluding its legal proceedings to establish CFD No. 2015-1 and providing each of the following, among other things: (1) designating the area within CFD No. 2015-1 as Improvement Area No. 1; and (2) finding and determining that the qualified electors for the special election to be held in these proceedings shall be the landowners of the land within CFD No. 2015-1, in accordance with Section 53326 of the Act; and (3) specifying that the special election shall be conducted as a mailed-ballot election; and (4) designating the City Clerk of the City (the "City Clerk") as the official to conduct the mailed-ballot election. b. Resolution Deeming it Necessary to Incur Indebtedness, pursuant to Section 53351 of the Act, finding and declaring that, in order to provide the financing for which CFD No. 2015-1 was established, it was necessary to incur indebtedness to be secured by and to be payable from proceeds of the special tax (the "Special Tax") of CFD No. 2015-1; and c. Resolution Calling Special Mailed-Ballot Election (the "Resolution Calling Election"), calling a special landowner-voter election, to be held and conducted forthwith upon adoption of said resolution, with the following three matters, each requiring voter approval, being submitted as a single measure as authorized by Section 53353.5 of the Act: (1) authorization to levy the Special Tax within Improvement Area No. 1; and Page 1 of 3 (2) establishment of an initial annual appropriation limit for Improvement Area No. 1; and (3) authorization to issue or incur not to exceed $150 million of special tax bonds or other obligations to be secured by and to be payable solely from proceeds of the Special Tax, of which not to exceed $46 million shall be issued with respect to Improvement Area No. 1. WHEREAS, the Resolution Calling Election found and determined that all of the land within CFD No. 2015-1, consisting of 20.97 acres, is owned by a single landowner (the "Sole Landowner") and that the Sole Landowner has consented to conduct of the special election on this date and agreed to accept personal service of the ballot; and WHEREAS, the Resolution Calling Election approved the ballot measure and the form of special election ballot (attached thereto as Exhibit A), ratified the action of the City Clerk in providing the ballot to the Sole Landowner by personal service, and directed the City Clerk, forthwith upon receipt from the Sole Landowner of an executed and completed ballot, to close the election and declare the results to this City Council; and WHEREAS, the City Clerk having executed and presented to this City Council a "Certificate of City Clerk re Receipt of Waiver and Consent Form and Election Ballot and Declaring Election Results," in which the City Clerk has declared, among other things, that all votes were cast "Yes," in favor of the ballot measure; and WHEREAS, this City Council, by this resolution, wishes to declare the results of the special mailed-ballot election. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: Section 1. The foregoing recitals are true and correct, and this City Council hereby expressly so finds and determines. Section 2. This City Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of CFD No. 2015-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53355 of the Act. Section 3. This City Council hereby authorizes and directs the City Clerk to cause the preparation and recordation with the Alameda County Recorder of a notice of special tax lien in accordance with Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Act. Said notice shall be recorded within fifteen (15) days of today's date. Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Wehrenberg, and Mayor Haubert NOES: None ABSENT: Councilmember Hart ABSTAIN: None r_I\ Tit( Mayor ATTEST: 4C7( City Clerk Reso No. 99-15,Adopted 6-2-15, Item 6.2 Page 3 of 3 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) IMPROVEMENT AREA NO. 1 SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative of the following sole owner of all of the land within Improvement Area No. 1 of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) ("CFD No. 2015-1"): Name of Landowner Number of Acres Owned Total Votes Dublin Crossing Venture LLC 20.97 21 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above-named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by said landowner within Improvement Area No. 1 of CFD No. 2015-1. In order to be counted,this ballot must be executed and certified below and be returned to the City Clerk of the City(the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 2, 2015 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2015-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. 4 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR"NO" Shall the City Council of the City of Dublin be WITH AN"X": authorized (1) to levy a special tax on the property within Improvement Area No. 1 of CFD No. 2015-1 pursuant to the rate and method of apportionment of special tax attached as Exhibit B to the Resolution of Formation adopted on June 2, Yes 2015; (2) to issue not to exceed $150 million in bonds or other debt obligations of its Community Facilities District No. 2015-1 ("CFD No. 2015-1"), of which not to exceed $46 million shall be issued with respect to Improvement Area No. 1 and shall be secured by and made payable solely from the proceeds of the special tax levied upon the property within Improvement Area No. 1; and (3) to finance public capital facilities, fees No and incidental expenses by and through its CFD No. 2015-1, all as specified in its resolutions pertaining thereto, adopted on the Election Date; and shall the initial appropriations limit for Improvement Area No. 1 of CFD No. 2015-1 for Fiscal Year 2015-16 be established at $4.6 million? Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is a person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 2015, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 2, 2015. DUBLIN CROSSING VENTURE LLC, a Delaware limited liability company By: (Signature) (Print Name) (Title) 5