2016 ELECTION CANVASS 02-04-2016.PDF
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RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAHAVA SPRINGS REVITALIZATION DISTRICT DECLARING THE OFFICIAL CANVASS OF VOTES AT AN ELECTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAHAVA SPRINGS REVITALIZATION DISTRICT DECLARING THE OFFICIAL CANVASS OF VOTES CAST IN A DISTRICT ELECTION HELD ON FEBRUARY 2, 2016, SEEKING AUTHORITY FROM THE PROPERTY OWNERS AND QUALIFIED ELECTORS OF THE DISTRICT FOR THE DISTRICT TO (I) LEVY A SPECIAL ASSESSMENT AND ISSUE AND SELL SPECIAL ASSESSMENT LIEN BONDS AND (II) LEVY AN ANNUAL AD VALOREM TAX. WHEREAS, an election of the Cahava Springs Revitalization District (the "District") was held on February 2, 2016 for the purpose of allowing the property owners and qualified electors of the District to vote upon Proposition #1 and Proposition #2, as described in the Official Ballot Proposition for Cahava Springs Revitalization District Special Assessment and Ad Valorem Tax Election, a form of which is attached hereto as Exhibit A; and WHEREAS, the Board of Directors of the District (the "Board") has canvassed the returns of the February 2, 2016 election and finds the returns to be as stated in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cahava Springs Revitalization District as follows: 1. The results of the canvass having been determined, the official canvass of the Cahava Springs Revitalization District Election held on February 2, 2016 is as follows: a. The number of ballots cast in the District for and against Proposition #1 is as follows: Assessment, Yes Assessment, No Cahava Springs Development Corporation 3,941 0 Cahava Springs Phase 1, Inc. 786 0 Morningstar Road Properties, Inc. 7 Total 4,734 0 b. The number of ballots cast in the District for and against Proposition #2 is as follows: Ad Valorem Tax, Yes Ad Valorem Tax, No Cahava Springs Development Corporation 3,941 0 Cahava Springs Phase 1, Inc. 786 0 Morningstar Road Properties, Inc. 7 0 Total 4,734 0 c. There were no rejected ballots. 2. Because a majority of the acreage of the District represented by the votes cast at the February 2, 2016 election voted "Yes" on both Proposition #1 and Proposition #2, both Proposition #1 and Proposition #2 were approved by the District property owners and qualified electors. PASSED AND ADOPTED by the Board of Directors of the Cahava Springs Revitalization District this 3rd day of February, 2016. SPRINGS REVITALIZATION DI ATTEST: Vice airman Annie Mathisen Clerk EXHIBIT A OFFICIAL BALLOT PROPOSITION FOR CAHAVA SPRINGS REVITALIZATION DISTRICT SPECIAL ASSESSMENT AND AD VALOREM TAX ELECTION February 2, 2016 /s/ Annie Mathisen District Clerk PROPOSITIONS Proposition #1 Shall the Cahava Springs Revitalization District (the "District") be authorized to levy a special assessment against all taxable real property in the District and issue and sell special assessment lien bonds, payable from amounts collected from the special assessment, in order to finance the acquisition and construction of a domestic water supply and delivery system and other infrastructure within the District up to a maximum assessment of $105,000 per lot? ASSESSMENT, YES ASSESSMENT, NO Proposition #2 Shall the Cahava Springs Revitalization District (the "District") be authorized to levy an annual ad valorem tax on the assessed value of the taxable real and personal property in the District, at a rate not to exceed thirty cents per one hundred dollars of assessed valuation, annually, to be used for the operation and maintenance expenses of the District? AD VALOREM TAX, YES AD VALOREM TAX, NO On behalf of (the "Company"), the owner of acres of real property in the District, I hereby cast all votes to which the Company is entitled in accordance with the boxes marked above. Minutes of Special Meeting of Board of Directors of Cahava Springs Revitalization District February 3, 2016 In Attendance: Directors: Dennis Mathisen Mark Stapp Officers: Annie Mathisen, Clerk (via teleconference ) Guests William Hicks, Ballard Spahr LLP Tyler Cobb, Ballard Spahr LLP Michael Bronska Greg Swartz, Piper Jaffray (via teleconference) 1. A Special Meeting of the Board of Directors of the Cahava Springs Revitalization District (the "District") was called to order by Dennis Mathisen at 11:34 a.m. MST. Notice of this meeting was posted and published through the Town of Cave Creek bulletin board and website, and certification of such will be included with these minutes. 2. Mr. Stapp moved to approve minutes of the January 7, 2016 meeting, Mr. Mathisen seconded and the minutes were approved as distributed. 3. Mr. Mathisen then requested that Mr. Cobb canvass and report the results of the election that was duly held on February 2, 2016 at 9:00 a.m. MST at the Town Hall of the Town of Cave Creek pursuant to the requirements of Arizona Revised Statutes Title 48, Chapter 39. Mr. Cobb read aloud the results of the election: With respect to Proposition #1, on the question of authorizing the District to levy a special assessment and sell special assessment lien bonds, 4,734 votes were cast as "Yes" in favor and 0 votes were cast against as "No." With respect to Proposition #2, on the question of authorizing the District to levy an annual ad valorem tax to be used for operation and maintenance expenses of the District, 4,734 votes were cast as "Yes" in favor and 0 votes were cast against as "No." 4. Ms. Mathisen announced that, because a majority of the acreage of the District represented by the votes cast at the February 2, 2016 election voted "Yes" on both Proposition #1 and Proposition #2, both Proposition #1 and Proposition #2 were approved by the District property owners and qualified electors. 5. Mr. Stapp then presented the Resolution of the Board of Directors of the Cahava Springs Revitalization District Declaring the Official Canvass, resolving the results of the election and that both ballot propositions were approved. Mr. Stapp moved the Resolution be approved by the Board of Directors, Mr. Mathisen seconded, and the Resolution was unanimously approved. Mr. Stapp then executed the Resolution and Ms. Mathisen attested to the Resolution, as clerk. 6. There being no further business to come before the meeting, the meeting was adjourned at 11:55 a.m. MST. Respectfully submitted: Annie Mathisen, District Clerk Approve Dennis Mathisen, Chairman