12-251 RESOLUTION NO. 12-251
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING THE RESULTS OF THE SPECIAL
ELECTION FOR CITY OF MENIFEE COMMUNITY FACILITIES
DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH), COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ON THE
PROPOSITIONS WITH RESPECT TO (1) THE ANNUAL LEVY
OF SPECIAL TAXES TO PAY THE COSTS OF CERTAIN
SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT AND (11) ESTABLISHING AN
APPROPRIATIONS LIMIT
,WHEREAS, on January 17, 2012, the City Council (the "City Council") of the City
of Menifee (the "City") adopted a resolution calling a special election on the propositions with
respect to the annual levy of special taxes on taxable property within City of Menifee Community
Facilities District No. 2012-1 (Audie Murphy Ranch) (the "Community Facilities District') to pay
the costs of certain services to be provided by the Community Facilities District and establishing
an appropriations limit for the Community Facilities District (the "Election Resolution"); and
WHEREAS, the City Council has received a statement from the City Clerk, who
pursuant to the Election Resolution was authorized to conduct the special election and act as
the election official therefor, with respect to the canvass of the ballots returned in and the results
of the special election, certifying that more than two-thirds of the votes cast upon the
propositions submitted to the voters in the special election were cast in favor of all such
propositions;
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) there were less than 12
persons registered to vote within the boundaries of the Community Facilities District at the time
of the close of the protest hearing on January 17, 2012, and pursuant to Section 53326 of the
California Government Code ("Section 53326") the votes in the special election were, therefore,
to be by the landowners owning land within the Community Facilities District, with each
landowner having one vote for each acre or portion of an acre of land that he or she owned
within the Community Facilities District which would have been subject to the special tax if
levied at the time of the special election; (ii) pursuant to Section 53326 and the Election
Resolution, the City Clerk delivered a ballot for the special election to the owners of all of the
land within the Community Facilities District (the 'Property Owners"); (iii) the Property Owners
waived the time limits for holding the special election and the election dates specified in Section
53326, and consented to the calling and holding of the special election on January 17, 2012; (iv)
the special election has been properly conducted in accordance with all statutory requirements
and the provisions of Election Resolution; (v) pursuant to Section 53326, the Property Owners,
which collectively owned approximately 1,059.26 acres, were entitled to a total of 1,062 votes;
(vi) the ballots were returned by the Property Owners to the City Clerk prior to 5:00 p.m. on
January 17, 2012; (vii) the ballots returned to the City Clerk by the Property Owners voted all
votes to which they were entitled in favor of all propositions set forth therein; (viii) more than
two-thirds of the votes cast in the special election on each such proposition were cast in favor
thereof, and pursuant to Section 53328 of the California Government Code, all such
propositions carried; (ix) the City Council, as the legislative body of the Community Facilities
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Resolution No. 12-251
AMR CFD
District, is therefore authorized to take the necessary action to annually levy special taxes on
taxable property within the Community Facilities District in amounts sufficient to pay the costs of
services to be provided by the Community Facilities District; and (x) an appropriations limit for
the Community Facilities District has been established in the amount of$5,000,000.
Section 2. Declaration of Results. All votes voted in the special election on
the propositions with respect to the annual levy of special taxes on taxable property within the
Community Facilities District to pay the costs of the services to be provided by the Community
Facilities District and the establishment of an appropriations limit in the amount of $5,000,000
for the Community Facilities District were voted in favor thereof, and such propositions carried.
Section 3. Effect of Election. The effect of the results of the special election, as specified in
Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities
District, is authorized to annually levy special taxes on taxable property within the Community
Facilities District in an amount sufficient to pay the costs of the services to be provided by the
Community Facilities District at the special tax rates and pursuant to the methodology for
determining and apportioning such special taxes which are set forth in Exhibit "B" to Resolution
No. 11-242 adopted by the City Council on December 6, 2011, and an appropriations limit has
been established for the Community Facilities District in the amount of$5,000,000.
APPROVED AND ADOP5hn
i 1 day of J,a 2012
V. Denver,/Mayor
ATTEST: APPROVED AS TO FORM:
4i&yj� viv h-A�� --
Kathy Bennett, City Clerk On Byrens, Specifj Counsel
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29277.00001\7056627.1
ENIF
John V.Denver
Mayor STATE OF CALIFORNIA )
Thomas Fuhrman COUNTY OF RIVERSIDE ) ss
Mayor Pro rem 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. 12-251 was duly adopted by the City Council of the City
Darcy Kuenzi of Menifee at a meeting thereof held on the 17th day of January, 2012 by the
Councilmember following Vote:
Sue Kristiansson Ayes: Denver, Edgerton, Kristjansson, Kuenzi
Councilmember Noes: None
Absent: None
Abstain: Fuhrman
Kathy Bennett, City Clerk
2,9714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.dtyofinenifee.us