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Home My WebLink AboutCC Reso No 1991-3722064-O1 dHHW:PJT:eIc 04/19/91 J8761 RESOLUTION NO. 91-37 A RE50LUTiON OF CHANGE OF FACILITIES TO BE FIIVANCED City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) RESOLVED by the City Council of the City of Lake Elsinore (the "City") that: WHEREAS, on April 9, 1991, this City Council adopted Resolution No. 91-32 (the "Resolution of Consideration") stating its intention to change the facilities to be financed by the City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, a copy of the Resolution of Consideration, describing the change in the facilities to be financed by the District, is on file with the City Clerk and the provisions of the Resolution of Consideration are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS; on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Consideration relative to the proposed change in the facilities to be financed by the District, and at said hearing all interested persons desiring to be heard on all matter pertaining thereto were heard and a full and fair hearing was held; and . WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed changes in the facilities to be financed by the District by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the District, or (ii) the owners of one-half or more of the area of land in the District; and WHEREAS, this City Council now desires to proceed to authorize the changes to the facilities as described in the Resolution of Consideration. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. Ail prior proceedings taken by this City Council with respect to the District and the proposed change in the facilities to be financed by the District, have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. 2. The changes in the facilities to be financed by the District, as described in the Resolution of Consideration, are hereby finally approved and shall be included within the facilities to be financed by the District, and said changes to the facilities to be financed by the District are hereby ordered, subject to voter approval as hereinafter provided. 3. The pro~zsions of Resolution Nos. 91-19, 91-27 and 91-28 of the City, each as heretofore adopted by this City Council, are by this reference incorporated herein, as if fully set forth herein. 4. ~'ursuant to the provisions of the Act, the proposition of the changes to the facilities to be financed by the District shall be submitted to the qualified electors of the District at an election called therefor as hereinafter provided. 5. This City Council hereby ~nds that fewer than 12 persons have been registered to vote within the District for each of the 90 days preceding the close of the hearing heretofore conducted and conciuded by this City Council for the purposes of these change proceedings. Accordingly, and pursuant to 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, each having one vote for each acre or portion thereof such landowner owns in the District. 6. Pursuant to the Act, bhe election shall be conducted by mail ballot under Section 1340 of the California Elections Code. This City Council hereby determines that paragraphs (a), (b), (c)(1), and (c)(3) of said Section 1340 are applicable to this election. 7. This City Council hereby calls a special election to consider the measure described in the ballot referred to in paragraph S below, which election shall be held immediately following the adoption of this Resolution, in the then meeting place of this City Council, at 545 Cheney Street, Lake Elsinore, California. 8. The City Clerk is hereby appointed as the election official to conduct the election and cause to be provided to each landowner in the District a ballot in the form of Exhibit "A" hereto, which form is hereby approved. 9. The City Clerk shall accept the ballots o£ the qualified electors received prior to or immediately following the adoption of this Resolution, whether received by mail or by personal delivery. 10. This City Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election -2- hereinabove specified is established accordingly. The City Clerk has confirmed her concurrence in said waiver. **********+ PASSED AND ADOFTED this 14th day of May,1991, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE M. Washburn, Ma ty o£ Lake Elsinore (S E By:V~.~~ „~~.-0~ Vic3ci Kasad, City Clerk City of Lake Elsinore Approved as to Form & Legality: TL ~ John R. Harper, Ci y ttorney City of Lake Elsino -3- r EXHIBIT A CPPY OF LAKE ELSINORE Community Facilities District No. 91-2 (Sumtuerhill Public Improvements) OFFICIAI. BALLOT SPECIAL ELECTION - CHANGE IN FACII.ITIES TO BE FINANCED This ballot is for a special, landowner election. You must return this ballot in the accompanying postage paid envelope to the office of the City Clerk of the City of Lake Elsinore no later than immediately following adoption by the City Council of the resolution calling this election on May 14, 1991, either by mail or in person. The City Clerk's office 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 Community Facilities District No.91-2 (Summerhill Public Improvements) be authorized to make the changes to Yes: _ the facilities to be financed by said District al] pursuant to and as described in Resolution No. 91-32 of the City of L,ake Elsinore, adopted on April 9, 1991? No: 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: 176 Property Owners: Friedman Homes, Inc. By: President 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 14th day of May, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AIISTAIN: COUNCILMEMBERS: NONE ~ICKI LY'N E KASAT~(\~ CLERK CITY OF KE 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 copy of Resolution No. 91-37 of said Council, and that the same has not been amended or repealed. D: May 15, 1991 VICKI LYNI~ KASAD, CITY CLERK CITY OF I,F~CE ELSINORE (SEAL)