12-279 RESOLUTION NO. 12-279
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. 2012-02 (HIDDEN HILLS), 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 (II) ESTABLISHING AN
APPROPRIATIONS LIMIT
WHEREAS, on May 15, 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. 2012-02 (Hidden Hills) (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 June 19, 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 owner of all of the land
within the Community Facilities District (the 'Property Owner"); (iii) the Property Owner 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 June 19, 2012; (iv) the
special election has been properly conducted in accordance with all statutory requirements and
the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owner,
which owned approximately 155.5 acres, was entitled to a total of 156 votes; (vi) the ballot was
returned by the Property Owner to the City Clerk prior to 5:00 p.m. on June 19, 2012; (vii) the
ballot returned to the City Clerk by the Property Owner voted all votes to which it was 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 District, is therefore authorized to take the
29277.00002\7443767.1
Resolution No. 12-279
CFD No.2012-02
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
"A" to Resolution No. 12-268 adopted by the City Council on May 15, 2012, and an
appropriations limit has been established for the Community Facilities District in the amount of
$5,000,000.
APPROVED AND ADOPTE his 4Denvery
of Jlun/e, 2012
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J Mayor
ATTEST:
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Kathy Bennett, City Clerk
APPROVED AS TO FORM:
K Byrens
Best, Best & Krieger LLP
- 2 -
29277.00002\7443767.1
John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-279 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 19`h day of June, 2012 by the
Darcy Kuenzi following vote:
Councilmember
Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: 1 / None
6m�l
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenlfee.us