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HomeMy WebLinkAboutReso 98-15 Dublin Crossing CFD Sp Election RESOLUTION NO. 98-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING A SPECIAL MAILED-BALLOT ELECTION 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 its Resolution of Formation pursuant to Section 53325.1 of the Act, thereby concluding its legal proceedings to (a) establish CFD No. 2015-1, (b) designate the territory initially included within CFD No. 2015-1 as Improvement Area No. 1, (c) designate additional territory as Future Annexation Area, (d) conditionally authorize the levy of a special tax (the "Special Tax") on the nonexempt parcels within CFD No. 2015-1, and (e) approve each of five instruments providing the rate and method of apportionment of special tax (each, an "RMA"), with each RMA applicable to one of the five anticipated improvement areas within CFD No. 2015-1, said five RMAs being attached to the Resolution of Formation as Exhibits B through F, inclusive; and WHEREAS, following adoption of the Resolution of Formation, this City Council adopted its Resolution Deeming it Necessary to Incur Indebtedness, containing the matters prescribed by Section 53351 of the Act; and WHEREAS, as recited in the Resolution Deeming it Necessary to Incur Indebtedness, the purpose of establishing CFD No. 2015-1 (hereafter, all references to CFD No. 2015-1 shall be deemed to include the territory initially designated as Improvement Area No. 1 and additional territory later annexed to CFD No. 2015-1) is to provide financing, for, among other things, a portion of the cost and expense of certain authorized public and private utility capital improvements and fees (the "Authorized CFD Public Improvements"); and WHEREAS, the financing is to be provided through (a) the levy and collection of the Special Tax on nonexempt property within CFD No. 2015-1 (the "Special Tax") in accordance with the applicable RMA and (b) the issuance and sale of special tax bonds or the incurrence of other forms of debt obligations (the "Obligations") to be secured by and payable from proceeds of the Special Tax; and WHEREAS, in order to (1) authorize levy of the Special Tax, (2) establish an initial annual appropriations limit for Improvement Area No. 1, each as provided by the Resolution of Formation, and (3) authorize the issuance or incurrence of Obligations, as provided by the Resolution Deeming it Necessary to Incur Indebtedness, the three matters must be submitted to an election of the qualified electors of Improvement Area No. 1 of CFD No. 2015-1; and Page 1 of 3 WHEREAS, Section 53353.5 of the Act provides that the three matters may be combined into a single ballot measure, as provided in the form of special election ballot attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, as set forth in the Resolution of Formation, the qualified electors for the special election shall be the landowners of the land within Improvement Area No. 1 of CFD No. 2015-1; and WHEREAS, on the basis of the executed "Waiver and Consent Respecting Conduct of Mailed- Ballot, Landowner Election" (the "Waiver and Consent") which has been filed with the City Clerk and presented at this meeting, this City Council hereby finds and determines as follows: a. the sole landowner of the land within Improvement Area No. 1 of CFD No. 2015-1 and therefore the sole party entitled to cast a ballot in the special mailed-ballot election is Dublin Crossing LLC (the "Sole Landowner"); and b. the land within Improvement Area No. 1 of CFD No. 2015-1 consists of 20.97 acres, which results in the Sole Landowner having 21 votes to cast, as shown on Exhibit A; and c. the Sole Landowner has consented to the conduct of the special mailed-ballot election on this date and has waived the requirements to (1) prepare and distribute an impartial analysis, (2) invite arguments in favor of or against the ballot measure, (3) publish a notice of the election and (4) mail the special election ballot a prescribed number of days prior to the election; and d. the Sole Landowner has agreed to accept personal service of the ballot. WHEREAS, this City Council, by this resolution, wishes to call the special mailed-ballot election to be held on this date immediately upon adoption of this resolution, and to direct that, forthwith upon receiving an executed and completed ballot from the Sole Landowner, the City Clerk shall close the election and declare the results to this City Council. 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. Pursuant to Sections 53326 and 53351 of the Act, this City Council hereby calls a special mailed-ballot election, to be held and conducted forthwith upon adoption of this resolution, and sets this same date as the election date. Section 3. The measure to be submitted to the Sole Landowner, as the only qualified elector of Improvement Area No. 1 of CFD No. 2015-1, shall be as set forth in Exhibit A. Section 4. The action of the City Clerk in providing the special election ballot to the Sole Landowner by personal service is hereby ratified. Section 5. The City Clerk is hereby directed, forthwith upon receiving an executed and completed ballot from the Sole Landowner, to close the election and declare the results to this City Council. Page 2 of 3 Section 6. 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 ‘ikr.1 - L01' Mayor ATTEST: d49 /Qicra, City Clerk Reso No. 98-15,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 CITY OF DUBLIN 100 Civic Plaza Dublin, California 94568 Phone: (925)833-6650 Fax (925)833-6651 City Council (925)833-6650 City Manager (925)833-6650 Community Development (925)833-6610 ************************************************* Economic Development (925)833-6650 I hereby certify under penalty of perjury that Finance/Admin Services (925)833-6640 the attached Resolution No. 98-15, adopted Fire Prevention (925)833-6606 by the Dublin City Council on June 2, 2015, Human Resources is a true and accurate copy of said (925)833-6605 Parks&Community Services document taken from the official files of the (925)556-4500 Police City of Dublin. (925)833-6670 Public Works/Engineering (925)833-6630 Date: June 18, 2015 Dublin By: lstatanl Caroline P. Soto lir City Clerk/Records Manager 2011 www.dublin.ca.gov