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HomeMy WebLinkAboutCC Reso No 2011-032 City Council ResoRESOLUTION NO. 2011 -032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council') of the City of Lake Elsinore, California (the "City "), has heretofore adopted Resolution No. 2011 -022 stating its intention to annex certain property (Annexation Area No. 2 (Pottery Court) ( "Annexation Area No. 2 ")) into City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act'); and WHEREAS, a copy of Resolution No. 2011 -022, incorporating a description and map of the proposed boundaries of Annexation Area No. 2 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 2, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on May 24, 2011, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 2 into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 2 into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2011 -031 determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 2 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 2, and 0 WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 2 a proposition to levy special taxes on property within each Annexation Area No. 2. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2007 -1 Law Enforcement, Fire and Paramedic Services), does hereby resolve as follows: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 2 a proposition (the "Annexation Area No. 2 (Pottery Court) Proposition ") to levy special taxes on property within Annexation Area No. 2 in accordance with the rate and method specified in Resolution No. 2011 -022 of the Council. The Annexation Area No. 2 (Pottery Court) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 2 on the Annexation Area No. 2 (Pottery Court) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this resolution. SECTION 4. The date of the special election for Annexation Area No. 2 on the proposition shall be on the 24th day of May, 2011. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 p.m. on May 24, 2011. SECTION 5. The Council finds and determines that there were less than twelve (12) registered voters residing within the territory of Annexation Area No. 2 at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 2. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 2. SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, ATTEST: VIRGIN LO I CITY CLERT APPROVED AS TO FORM: � l � BA BARA ZE)D LEIBOLD CITY ATTORNEY California t# th day of May, 2011. A Bkl MAYOR OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO.2 (POTTERY COURT) SPECIAL TAX ELECTION MAY 249 2011 To vote, mark a cross ( +) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to Pottery Court Housing Associates, L.P., as owner or authorized representative of such sole owner of land within Annexation Area No. 2 (Pottery Court) of City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula ") set forth in Resolution No. 2011 -022 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? W.491raiNd ".1 YES NO STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -032 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 24th day of May 2011, and that the same was adopted by the following vote: AYES: Mayor Pro Tern Magee, Council Members Hickman, Tisdale, Melendez and Mayor Bhutta NOES: None ABSENT: None ABSTAIN: None irginia loo City Clerk