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Home My WebLink AboutCC Reso No 1991-32RESOLUTION NO. 91-32 A R,ESOLUTiON OF CONSXCIERATION x0 CHANGE FAG'II.ITIES TO ~E FINANCED City of Lake Elsinore Community'Facilities District No. 91-2 (Summerhill 1'ublic Improvements) RESOLVED by the City Council o~ the City of Lake Elsinore (the "Czty") that: y~r~IEItEAS, this City Council has wnducted proceedings to establish-the City of Lake Elsinore Communaty Facilities District No. 91-2 (Sumn~exhill Public Improvements) (the "District"), pursuant to the 1VIello-Roos Community Faciliti.es .Act o£ 1982, as amended (the "Act"); and WHER~.F~S, under the Act, this City Counci~i is the legislative body for the District and is empowered with the authority to change the ;faci.liti~es to be financed by the District, and has cietermined that the public convenionce and necessity requixe sucb change, and now desires to undertake pxoceedi~ngs to change the facilities to be fzn:anced by the Aistrict. NpW, TIiEItEFORE, IT IS HERESY ORT7ER,EA as follows: ],. This City Council hexeby finds and determines that the public convenie~ce az~d necessity require that the faciliti.es to be financed by the Disti7ct be changed as provided below. 2. The name o£ the Diatrict is the City of T,ake Elsi.nore Community Facilities Distriet No. 91-2 (Snmmerhil.l ~ublic Improvements), and the territox•y iz~.cl.uded within the Aistrict is as shown on the map o£ the Dietrict filed in Sook 31 of Maps of Assessxnent and Conninunity Facilities Districts at 1'a;es 60-G6 in the office of the Countq Recorder for the County o£ Itiverside, to which map re£erence is hereby made. 3. The change in the facilities which it is proposed that tM.e District £'znance is to include, in addition to the other facilities already authorized to be fin2ncecl, the finaz~cing of the iz~:stallation of erosion control protecti.on in the San Jacinto River channel within and in the vicizuty of the Diatrict, including ali related engineering, design, planning, coorclination, facilities, appurtenances, materials and e ading, and the installation of landscaping of street szde siopea, median islands and open space areas within or in the ti-icinity of the District. 4. Tuesday, May 14, 1991, at i:00 p.m„ in the regular meeting place o£ this City Council, in the School Eoard maeting room of the Lake Eleinore Uxufied School District, 545 Cheney Street, Lake Eleinore, California, be, and the same are here~y appointed and £ixed as the time and place when and where this City Couztcil, ae legielative body for the District, will conduct a public hearing on the change in the facilities to be financed by the District described above and consider and finally determine whether the public interest, convenience and aecessity require the fxttancing of said addition.al £acilities by the 17istrict. 5. The City Clerk is hereby directea to cause notice of said public hearing to be given hy publication one, time in a newspaper published in the area of the District. The pnblication of said notice shall be completed at least seven days before the date herein set for said hearing, and said notice shall be substantiatly in the form of Exlubit A hereto. 'kY~=Y~k#~k'k ~' W * F PASSED ANll ADO~'1'E]7 this 9th day of Apri1,1991, by the following vote: AYES: CdUNCII.MEMBERS: BUCK, DOMINGUEZ, STARKEY, b1INKLER, WASHBURN T~TOES: CdUNCIT.MEMSERS: NONE ABSENT: COUNCILMEMBERS; NONE (S E A L) Attest: ' ~ Vickfl Kasad, Ci Cler~ City of Lake Elainore Approved as to Fo~rm & Legality: EX~D3~ A NOTIC~ O~ ~'U~LIC ~'ARnvG~ CPtY 0~ 7..AKE ELSINORE CoAUmunity Facilities District No. 81-2 (Sumxnerhill Public Improvements) Notice is hereby given that on April 9, 1991, the City Council of the CiLy of Lake Elsinore adopted a Resolution entitled "A Resolution of Conszderation to Change Facilitaes to be Financed". Pursuant to the Mello-Roos Gommunity Facilities Act of 1982 {the "AcC") tk~e City Council hereby gives notice ae follows: A. The text of said ltesolution is as follows: RESOLVED Uy the City Councal o£ the City of Lal.e Elsinore (the "City") that: WHEIL.EAS, this City Council has conducted pxoceedings to establish the Cit~ of Lake Elsinore Coanmunity Facilities District No. 91-2 (Suznmerhill Public Improvements) (the "17istrict"), pursuant to the Mello-Roos Commuzuty Facilities Act of 7,9$2, as amended (the "Act"); and W~REAS, under the Act, this City Council is the legislative body for the District and is empowered with the authority to change the facilities to be financed by the District, and has detezmined that the public conwenience and necessity require gueh ehange, and now desires to undertal:e proceedings to change the facilities to be financed by the District. NO'VJ, TfiER.E~ORE, IT IS HERESY ORDERED as follows: ~. This City Council 3~ereby finds and determines that the public convenience and necessity require that the faci~ities to be fnanced by tke District be cbanged aa provided below. 2. ~'he name of tkxe District is the City of Lake Elsinore Community Facilities Distriet No. 91-2 (Sumzner}~il~ ~ublic Iinprovements), and the territory included within the District is as shown on the map o£ the Diatrict filed in Book 37. of IVlaps of Assessment and Commwiitq Facilities ]7istricts at Pages 60-66 in the off`zce o£ the County Recorder for the County of Riversicle, to which man re£erence is hereby made. 3. The change in the £acilitiea which it is proposed that the Diatrict finance is to inblude, in addition to the other £aciJities already authorized to be #`xnanced, the financing of the installation of erosion contro] prbtectxo~a in the San Jacinto River channel within and in the vicinity of the ]7istrict, including all related engineer.ing, design, planning, coordination, facilities, appurtenances, materials and grading, anti the installation of landscaping of street side slopes, meclian islands and open space areas wzthzz~ ox xn the vicinity of the District. 4. Tuesday, May 14,1ssi, at 7:00 p.m., in the regulax meeting place of this City Council, in the School Board meeting room of the Z,ake Elsinore Unified A-i School District, 545 Cheney Street, I~alre Elsinore, California, be, and the same are hereby appoznted and fixed as the time and place when and where tbis City Couzzcil, as legielative body for tha District, will conduct a public hearing on the change in the facilities to be financed by tk~e xlistrict described above and consider and finally determine whether the public interest, convenience and necessity require the fivancing of said add'ztzonal facilities by the District. 6. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area o£ the District. The publication of said notice shaIl be completed at least seven days be£ore the date herein set for said hearing, azxd saiid notice shall be subetantially in the form o£ Exhibit A hereto. B. The time and pl.ace established under said Resolution for the public hearing required under the Act are Tuesday, May 14, 1881, at the hour of 7:00 p.m., in the regular meeting piace of the City Council of the City of.Lal~e ~~sinose, Sn the School Eoard meeting room of the Lake Elsinore Unified School District, 545 Ch~ney Street, T ake Elsinore, California. C. At said hearing, the testimony of all intereated persona or taxpayers for or against the proposed changes in public facilities referenced in the £oregoing reaolution wiil be heard. Any person interested may file a protest in writing as provided im Section 53323 of the Act, If tbe owmers o£ one-half or more of the area ef land in the te:rritory included in the district file writte~ protests againat changing the public facilities to be fin~nced by the district and the protests a~re ~xot withdrawn to reduce the value of the proteats to less than a m~iority, the City Council shal.l elinninate thoae changes in the facilities £rom the resolution ordering changes in the t~pes of public facilities to be financed and the claanges shall not be included in a resolution for period of one year from the date of said hearuxg. D. The proposed voting proceflure shall be by special mail or hand-del~vexed ballot to the property ownere within the territory proposed to ba included in the district. Dateci:`April 10 , 1991 7s/ V'icki Kaead City Clerk, ' City of Lake Elsinore A-2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREgY 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 ~~ (\(~.~v"s+'.. -~' VICKI LYNNE S, CITY CLERK CITY OF LAK 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 AEREBY CERTIFY that the above and £oregoing is a full, true and aorrect copy of Resolution No. 91-32 of said Council, and that the same has not been amended or repealed. DAT D: April 10, 1991 ~ (1~~~ ~""""" ' VICKI LYNNE SAD~ CITY CLERK CITY OF LAKE LSINORE (SEAL)