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HomeMy WebLinkAboutRESOLUTIONS - 06052001 - 2001-243 RESOLUTION No : 2 o o 1 /2 4 3 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN COUNTY OF CONTRA COSTA Community Facilities District No. 2001-1 (Norris Canyon) WHEREAS, The Board of Supervisors (tile "Board") of the County of Contra Costa (the "County") has adopted a resolution entitled "A Resolution of Formation of Conununity Facilities District" (the "Resolution of Formation"), ordering the formation of the County's Community Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), authorizing the levy of a special tax 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 Board has also adopted a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Determining Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $7,220,000 upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, Under the provisions of the Resolution of Formation and the Resolution Determining Necessity and pursuant to a Resolution Calling Special Election (the "Election Resolution") heretofore adopted by this Board 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 Clerk of the Board 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 Board has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD; NOW, THEREFORE, BE IT RESOLVED, As follows: 1. Recitals. The foregoing recitals are all true and correct. W:Personal\EMAILDOCS.Resolution.Declare norricanyon.6.01 2. Issues Presented. The issues presented at the special election were the levy of a special tax within the CED the incurring of a bonded indebtedness in the maximum aggregate principal amount of $7,220,000, and the approval of an annual appropriations limit of not to exceed $7,220,000 all pursuant to the Resolution of Formation and the Resolution Determining Necessity. 3. Canvass and Issues Approved. The Board 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 Board with respect to the CFD were valid and in conformity with the Act. 5. Notice of Tax Lien. The Clerk of the Board is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa 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 Board of this resolution. 2 6. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote to wit: AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE r Chair ATTEST: June 5 , 2001 John Sweeten County Administrator and Clerk of the Board of Supervisors By: Depu Cl r 3