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12-250 RESOLUTION NO. 12-250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH) A PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the "City Council") of the City of Menifee ("the City") has adopted a resolution establishing City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch), County of Riverside, State of California (the "Community Facilities District') and the boundaries thereof; and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 11-242, the resolution of intention with respect to the formation of the Community Facilities District ('Resolution No. 11-242"); and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MENIFEE AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on January 17, 2012; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in the Community Facilities District have by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on January 17, 2012, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on January 17, 2012. Resolution No.12-250 AMR CFD Section 2. Call of Election. The City Council hereby calls and schedules a special election for January 17, 2012 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District. Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows: First Proposition Shall special taxes be levied annually on taxable property within City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch), County of Riverside, State of California, to pay finance certain types of services and related costs, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii); the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement of such facilities, and (iv) CFD administrative expenses, all as more completely described in Exhibit "A." to Resolution No. 11-242, to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the method of apportioning such special taxes set forth in Exhibit "B" to Resolution No. 11-242 adopted by the City Council of the City of Menifee on December 6, 2011? Second Proposition Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch), County of Riverside, State of California, in the amount of $5,000,000? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to finance certain types of services, and related costs, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii); the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement of such facilities, and (iv) CFD administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 11-242, and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of$5,000,000 (the "special election") shall be as follows: (a) Pursuant to said Section 53326 of the California Government Code, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing 29277.00001\705651 8.1 2 Resolution No.12-250 AMR CFD with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the special election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 11-242; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the Community Facilities District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to.be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on January 17, 2012. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. APPROVED AND ADOPJJ 1 t day of J ary, 2012. V. Denver, ayor ATTEST: ` APP VEDA FORM: Kathy Bennett, City Clerk KA Byrens, Special lbbunsel 29277.00001\7056518.1 3 Resolution No.12-250 AMR CFD EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2012-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA January 17, 2012 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Menifee and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch), County of Riverside, State of California, to finance certain types of services, and related costs, including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and open space, (ii); the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement of such facilities, and (iv) CFD administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 11-242, to pay expenses incidental thereto and to pay costs associated with the determination of the amount of YES and the levy and collection of the special taxes, at the special tax rates and pursuant to the method of NO apportioning such special taxes set forth in Exhibit "B" to Resolution No. 11-242 adopted by the City Council of the City of Menifee on December 6, 2011? 29277.00001\705651 8.1 A-1 PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of YES the California Constitution, be established for City of Menifee Community Facilities District No. 2012-1 (Audie NO Murphy Ranch), County of Riverside, State of California, in the amount of$5,000,000? 29277.00001\7056518. 1 A-2 wl John V.Denver Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss Thomas Puhrman Mayor Pro Tem CITY OF MENIFEE ) Wallace W.Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Councilmember foregoing Resolution No. 12-250 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 17th day of January, 2012 by the Darcy Kuenzi Councilmember following vote: Sue Kristjansson Ayes: Denver, Edgerton, Kristjansson, Kuenzi Councilmember Noes: None Absent: None Abstain: Fuhrman Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.c!tyofmen1fee.us