RES 13-25 (Floreo) Canvass of GO Bond Special Election (004)(6.27.25)(6583422.4).pdf
City of Buckeye — Joint Community Facilities Districts (2025-07-01)
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6583422.4 1 RESOLUTION NO. 13-25 (Floreo at Teravalis) A RESOLUTION DECLARING THE RESULTS OF AND ADOPTING A CERTIFICATE OF RESULT OF THE GENERAL OBLIGATION BOND ELECTION HELD IN AND FOR THE DISTRICT AND ORDERING THE RECORDING OF SUCH CERTIFICATE BE IT RESOLVED BY THE DISTRICT BOARD OF FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) as follows: 1. Findings. A. Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) (the “District”) is authorized by Arizona Revised Statutes (“A.R.S.”) Section 48-719, as amended, to issue and sell general obligation bonds of the District to provide moneys for certain “public infrastructure purposes” consistent with the “general plan” of the District as such terms are defined in Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (the “Act”). B. Such general obligation bonds may not be issued unless approved at an election ordered and called to submit to the qualified electors of the District (“qualified electors”) or to those persons who are qualified to vote pursuant to A.R.S. § 48-707(G), as amended, being, if no person has registered to vote within the District within 50 days immediately preceding any scheduled election date, the owners of land within the District who are qualified electors of the State of Arizona and other landowners according to A.R.S. § 48-3043, as amended (the “Landowners” and in either case, collectively, the “Electors”) the question of authorizing the governing board of the District (the “District Board”) to issue such general obligation bonds for such purposes set forth in the ballot. C. The District Board deemed it necessary and advisable to order and call such an election and to establish the procedures whereby such election should be held; and did so pursuant to Resolution No. 12-25 ordering and calling a general obligation bond adopted by the District Board on June 3, 2025, which provided that a special election, in and for the District, be held on June 25, 2025 (the “Election”) relating to increasing the general obligation bond authorization of the District by an additional $350,000,000 to increase the original authorization of $150,000,000 that was approved at an election held on February 28, 2006 (the “Original Election”), to a total general bond authorization of $500,000,000. No person had registered to vote within the District within 50 days immediately preceding the Election or at any other time prior to the Election. On June 25, 2025, there was submitted to the Electors of the District the questions set forth in the official ballot described in Resolution No. 12-25. D. The election board for the Election has filed with the District Board its returns of election and the ballots cast at the polling place and, within 14 days after the election, the District Board has canvassed the returns of the Election and determined: (1) No persons who would constitute resident qualified electors resided in the District. Landowners of the land according to A.R.S. § 48-3043 were eligible to vote, and the total number of votes eligible to be cast (equal to the number of acres or portions thereof rounded upward to the nearest one-fifth of an acre) equaled 3,029 acres. Only qualified electors (none) and Landowners of land within the District were permitted to vote at the Election. 6583422.4 2 (2) A total of two ballots representing 2,812.33 acres in the District had been cast by Landowners in response to Question No. 1, that both ballots were marked “Bonds, Yes” and 0 ballots were marked “Bonds, No”. (3) The Election had been conducted and the returns thereof made as required by law. 2. Canvass. After careful examination of the official returns of the Election, it is found and determined by the District Board as follows: A. A majority of the votes cast by the Electors voting at the Election voted in favor of the question shown on Exhibit A attached hereto. B. That up to and including an additional $350,000,000 aggregate principal amount of general obligation bonds are therefore authorized to be issued and sold, in addition to the $150,000,000 authorized in the Original Election, for an aggregate principal amount of $500,000,000. C. The Chairman of the District Board shall execute, and the District Clerk attest, the “Certificate of Result of Election” attached as Exhibit B hereto. D. The District Clerk is hereby directed to record the attached “Certificate of Result of Election” in the Office of the County Recorder of Maricopa County, Arizona; to return said copy with the recording date shown therein to the official records of the District; and to provide a copy thereof to the State Real Estate Department. 3. Effective Date. This resolution shall be effective immediately. [Signatures on following page] 6583422 3 PASSED by the District Board of Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) on July 1, 2025. FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) ______________________________________ Chairman, District Board ATTEST: _____________________________________ District Clerk APPROVED AS TO FORM ____________________________________ Special Counsel Exhibit A Ballot Exhibit B Certificate of Results of Election 6583422.4 Exhibit A Ballot (consisting of 1 page) 6583422.4 A-1 Number of acres owned _________ OFFICIAL BALLOT GENERAL OBLIGATION BOND SPECIAL ELECTION FOR THE FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) June 25, 2025 Question No. 1 Shall the district board (the “Board”) of Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) (the “District”) be authorized to issue general obligation bonds of the District, in the denominations, series and form prescribed by the Board, and having the maturities (not exceeding 25 years), interest payment dates and interest rates, whether fixed or variable, not exceeding 12% per annum, established by the Board and containing such other terms, conditions, covenants and agreements as the Board deems proper, in an additional amount of $350,000,000, for an increased maximum amount of not to exceed $500,000,000 to provide monies: (i) (1) for planning, design, engineering, construction, acquisition or installation of any or all of the following improvements, including necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances (“public infrastructure”): (a) sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge; (b) drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge; (c) water systems for domestic, industrial, irrigation, municipal or fire protection purposes including production, collection, storage, treatment, transport, delivery, connection and dispersal, but not including facilities for agricultural irrigation purposes unless for the repair or replacement of existing facilities when required by other improvements described herein; (d) roadways and parking facilities including all areas for vehicular use for travel, ingress, egress and parking; (e) areas for pedestrian, equestrian, bicycle or other non-motor vehicle use for travel, ingress, egress and parking; (f) pedestrian malls, parks, recreational facilities other than stadiums and open space areas for the use of members of the public for entertainment, assembly and recreation; (g) landscaping including earthworks, structures, lakes and other water features, plants, trees and related water delivery systems; (h) public buildings, public safety facilities and fire protection facilities; (i) lighting systems, (j) traffic control systems and devices including signals, controls, markings and signage; and (k) equipment, vehicles, furnishings and other personalty related to such items; (2) acquiring, converting, renovating or improving existing facilities for public infrastructure; (3) acquiring interests in real property for public infrastructure; (4) establishing, maintaining and replenishing reserves from any source described in Arizona Revised Statutes Section 48-717 or from any other source in order to secure payment of debt service on bonds; (5) funding and paying from bond proceeds interest accruing on bonds for a period of not to exceed three years after their date of issuance; (6) providing for the timely payment of debt service on bonds or other indebtedness of the District; (7) refinancing any matured or unmatured bonds with new bonds; and (8) expenses of the District incident to and reasonably necessary to carry out the purposes specified in this paragraph (clauses (1) through (8), both inclusive, being “public infrastructure purposes”); and (ii) for repaying all or part of the amounts advanced by land-owners for public infrastructure purposes set forth above; such bonds shall be payable from a tax levied and collected annually on all taxable property in the District, sufficient to pay interest on such bonds when due and to redeem such bonds when they mature, as authorized by the constitution and laws of the State of Arizona, including particularly (but not by way of limitation) Title 48, Chapter 4, Article 6, Arizona Revised Statutes, together with all amendments and additions thereto? The voter shall place a mark in the square opposite the words “Bonds, Yes” or “Bonds, No”, whichever words express the voter’s choice. BONDS, YES BONDS, NO NOTICE TO VOTERS: Voters shall indicate their vote on the question by inserting a mark in the square opposite the phrase which expresses the voter’s choice. Only qualified electors of the District are eligible to vote at this special election. The voter understands that the vote cast will constitute the vote for all of the acres owned by the voter. 6583422.4 Exhibit B Certificate of Results of Election (consisting of 2 pages) 6583422.4 B-1 CERTIFICATE OF RESULT OF ELECTION BY THE DISTRICT BOARD OF FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA), RELATIVE TO THE SPECIAL ELECTION HELD ON JUNE 25, 2025. The District Board of Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona), hereby certifies as follows: 1. Pursuant to the resolution passed and adopted by the District Board on June 3, 2025, an election was duly and regularly held on June 25, 2025, for the purpose of approving increased authorization for the issuance and sale of general obligation bonds by $350,000,000, for a total principal amount of $500,000,000. 2. The election has been conducted and the official returns thereof have been filed as required by law and the total number of votes cast at the special bond election in answer to the question submitted were as follows: QUESTION VOTES: YES NO Question #1 - Increase of $350,000,000 General Obligation Bonds 2,812.33 acres 0 acres 3. Each and every person who voted at the special election was a lawful elector of the District. 4. The majority of the votes cast at the election was in favor of the issuance and sale of the bonds described in the official ballot. [Signatures on following page] 6583422.4 B-2 IN WITNESS WHEREOF, the Chairman of this Board has hereunto placed his hand and caused the same to be attested by the Clerk on July 1, 2025. ___________________________________ Chairman, District Board ATTEST: ___________________________________ District Clerk THIS DOCUMENT MUST BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, AND A COPY OF THIS DOCUMENT, ONCE RECORDED, SHALL BE FILED WITH THE ARIZONA STATE REAL ESTATE DEPARTMENT.