HomeMy WebLinkAboutReso 124-23 Item 6.1 Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien for City of Dublin Community Facilities District No. 2023-1 (East Ranch)Reso. No. 124-23, Item 6.1, Adopted 12/05/2023 Page 1 of 3
RESOLUTION NO. 124 – 23
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. 2023-1
(EAST RANCH)
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.
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 City of Dublin Community Facilities District
No. 2023-1 (East Ranch)" (the “Resolution of 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, 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. 2023-1 (East Ranch)” (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.
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Reso. No. 124-23, Item 6.1, Adopted 12/05/2023 Page 2 of 3
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 $67,000,000, excluding bonds described in
Section 53364.2(e) of the Act, and the approval of an initial annual appropriations limit of
not to exceed $67,000,000, subject to increase in accordance with law, 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.
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. 124-23, Item 6.1, Adopted 12/05/2023 Page 3 of 3
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF DUBLIN
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(EAST RANCH)
I hereby certify that on December 5, 2023, I canvassed the returns of the election
held on December 5, 2023, in the City of Dublin Community Facilities District No. 2023-1
(East Ranch) 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 YES NO
City of Dublin 162 162 162
Community Facilities District
No. 2023-1 (East Ranch),
Special Tax Election, December 5, 2023
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 amou nt of
$67,000,000 be adopted?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 5th day of
December, 2023.
By:
City Clerk
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