HomeMy WebLinkAboutCC Reso No 1991-29RESOLUTION NO. 9i-29
A RESOLUTION CALLING SPECIAL ELECTION
City of Lake Elsinore
Community Facilities District No. 91-2
(Summerhill Public Improvements)
R~SOLVED, by the City Council of the City of Lake Elsinore (the "City") that:
WHEREAS, on this date, this City Councii adopted a resolution entitled "A
Resolution of Formation of City of Lake ~lsinore Community Facilities District No. 91-2
(Summerhill Public Improvements), Authorizing the Levy of a Special Tax Within the
District, Preliminarily Establishing an Appropriations Limit for the District and
Submitting Levy of the Special Taac and the Establishment of the Appropriations Limit to
the Qualified Electors of the District" (the "Resolution o£ Formation"), ordering the
formation of City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill
Public Improvements) (the "District"), authorizing the levy of a special tax on property
within the District and preliminarily establishing an appropriations limit for the
District;
WHEREAS, on this date, this City Council also adopted a resolution entitled "A
Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of
Lake Elsinore Community Facilities District No. 91-2 (Summerhill Pubiic Improvements)
and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to
Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the
masimum aggregate principal amount of $17,000,000 upon the security of said special tax
to be levied within the District; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the
levy of said special taac, the establishment of the appropriations limit and the incurring of
the bonded indebtedness shall be submitted to the qualified electors of the District as
required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act").
NOW THEREFORE, IT IS H~REBY ORDERED as follows:
1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the levy
of said special taac, the incurring of bonded indebtedness and the establishment of said
appropriations limit shall be submitted to the qualified electors of the District at an
election called therefor as provided below.
2. As authorized by Section 53353.5 of the Act, the three propositions described in
paragraph 1 above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of
ballot is hereby approved.
3. This City Council hereby finds that fewer than 12 persons have been registered
to vote within the territory of the District £or each of the ninety (90) days preceding the
ciose of the public hearings heretofore conducted and concluded by this City Council for
the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act,
this City Council finds that for purposes of these proceedings the qualified electors are the
landowners within the District and that the vote shall be by said landowners or their
authorized representatives, each having one vote for each acre or portion thereof such
landowner owns in the District as of the close of said public hearings.
4. This City Council hereby calls a special election to consider the measures
described in paragraph 2 above, which election shall be held in the meeting room of this
City Councii immediately following adoption of this Resolution. The City Clerk is hereby
designated as the off`icial to conduct said election. It is hereby acknowledged that the City
Clerk has on file the Resolution of P'ormation, a certified map of the proposed boundaries
of the District, and a sufficient description to allow the City Clerk to determine the
boundaries o£ the District.
The voted ballots shall be returned to the City Clerk immediately following the
adoption of this Resolution; and when all of the qualified voters have voted the election
shall Ue closed.
5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or
hand-delivered ballot pursuant to Section 1340 oF the California Elections Code. This City
Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are
applicable to this special election.
6. This City Council acknowledges that the City Clerk has caused to be delivered to
each of the qualified electors of the District a ballot in the form set forth in Exhibit "A"
hereto. Each ballot indicates the number of votes to be voted by the respective landowner
to which it pertains.
Each ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return the ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following: (a)
the name and address of the landowner, (b) a declaration, under penalty of perjury,
stating that the voter is the owner of record or authorized representative of the landowner
entitled to vote and is the person whose name appears on the envelope, (c) the printed
name, signature and address of the voter, (d) the date of signing and place of execution of
the declaration described in clause (b) above, and (e) a notice that the envelope contains
an of£icial bailot and is to be opened oniy by the canvassing board.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
7. The City Clerk shall accept the ballots of the qualified electors in the meeting
room of this City Council upon and prior to the adoption of this Resolution, whether said
ballots be personally delivered or received by mail. The City Clerk shall have available at
said location ballots which may be marked on the election day by said qualified electors.
8. This City Council hereby further finds that the provision of Section 53326 of the
Act requiring a minimum of 90 days following the adoption of the Resolution of
Formation to elapse before said special election is for the protection of the qualified
electors of the District. The voted ballots of the landowners within the District contain a
waiver of the time limit pertaining to the conduct of the election. Accordingiy, this City
Council finds and determines that said qualified electors have been fully apprised of and
have agreed to the shortened time for the election and have thereby been fully protected in
these proceedings. This City Council also finds and determines that the City Clerk has
concurred in the shortened time for the election.
9. The City Clerk is hereby directed to publish in a newspaper of general
circulation circulating within the area of the District a copy of this Resolution and a copy
of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption
of this Resolution.
+*+~*~~~**~+
PA,SSED AND ADOPTED this 9th day of April, 1991, by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STFlRKEY, WINKLER, WASHBURN
NOES: COUNCILMEMB~RS: NONE
ABSENT: COUNCILMEMB~RS: NONE
~ M. Washburn, Mayor
City of Lake Eisinore
APproved as to Form & Legality:
rney
City of Lake Elsinore
EXIIIBIT A
CITY OF LAKE EISINORE
Community Facilities District No. 91-2
(Swnmerhill Public Improvements)
OFFICIAL BALLOT
SPECTAL TAX ~LECTION
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Lake Elsinore no
later than immediately after adoption o£ the resolution of the City Council calling said
election on April 9, 1991, either by mail or in person. The City Clerk's of~ice is located at
130 South Main Street, Lake Elsinore, Califomia, 92330.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Lake Elsinore and obtain another.
BALLOT MEASURE: Shall the City of Lake Elsinore incur
an indebtedness and issue bonds in one or more series in
the ma~cimum aggregate principal amount of $17,000,000,
with interest at a rate or rates not to exceed the maximum ~
interest rate permitted by law at the time oF sale of such Yes:
bonds on behalf of the City o£ Lake Elsinore Community
Facilities District No.91-2 (Summerhill Public
Improvements) (the "District"), the proceeds of which will
be used to finance certain public improvements; shall a No: _
special tax payable solely £rom lands within the District be
levied annually upon lands within the District to pay for the
principal and interest upon such bonds and the costs of the
City in administering the District, and shall the annual
appropriations limit of the District be established in the
amount of $3,000,000?
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owners:
A-1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of
said Council on the 9th day of April, 1991, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
` ,
VICKI LYNN KASAD, ITY CLERK
CITY OF LA ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct cvpy of Resolution No. 91-29 of said Council, and that the
same has not been amended or repealed.
DAT : April 10, 1991
~c r ~~'..-~~'-v ~
V CKI-LYNN S D~ CITY CLERK
CITY OF LAK ELSINORE