HomeMy WebLinkAboutCC Reso No 2009-51
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RESOLUTION NO. 2009-51
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING ON BEHALF OF THE CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT
NO.2003-2 (CANYON HILLS) CALLING A SPECIAL
ELECTION TO ALTER THE RATE AND METHOD OF
APPORTIONMENT OF AN EXISTING SPECIAL TAX
RELATING TO IMPROVEMENT AREA D OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT
NO. 2003-2 (CANYON HILLS)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2009-039 considering
alterations to the rate and method of apportionment of existing special taxes with
respect to Improvement Area D (the "Improvement Area") of City of Lake Elsinore
Community Facilities District No. 2003-2 (Canyon Hills) (the "District") pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, (the "Act');
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WHEREAS, on August 25, 2009, this Council held a noticed hearing as
required by law relative to the proposed alterations to the rate and method of
apportionment of special taxes with respect to the Improvement Area; and
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to proposed changes 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
I WHEREAS, this Council wishes to present to the qualified electors of the
Improvement Area a proposition to alter the rate and method of apportionment of
existing special taxes;
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. 2003-2 (Canyon Hills), does hereby resolve as follows:
Section 1. Pursuant to Government Code Section 53338, the
Council hereby submits to the qualified electors of the Improvement Area a proposition
(the "Proposition") to alter the rate and method of apportionment of existing special
taxes. The Proposition is attached as Exhibit A.
Section 2. A Special Election is hereby called for the
( Improvement Area on the Proposition set forth above in Section 1.
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CC Resolution No. 2009-51
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I- Section 3. The City Clerk shall personally serve or mail the
J ballots to the landowner(s) upon adoption of this Resolution.
l Section 4. The time for notice having been waived by all of the
qualified electors, the date of the special election on the Proposition shall be on the
25th day of August, 2009. The voter ballot shall be returned to the City Clerk at
130 S. Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on
August 25, 2009.
Section 5. The Council finds and determines that there were no
registered voters residing within the territory of the Improvement Area at the time of the
protest hearing and ninety (90) days prior thereto. The requirements of Section 53326
of the Government Code having been waived by landowners, the ballot for the special
election shall be personally delivered or mailed to the landowner(s) within the
Improvement Area.
Section 6. Notice of said election and written argument for or
against the measure have been waived by the landowner(s).
Section 7. The Improvement Area shall constitute a single
election precinct for the purpose of holding said election.
Section 8. The Council hereby directs that the election be
conducted by the City Clerk of the City of Lake Elsinore, as the elections official.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 25th day of August, 2009.
(C
OBERT MAGE , MAYOR
CITY OF LAK SINORE
ATTEST:
S fd` - '
EBORkTHOMSEN,CMC
CITY CLrRK
APPROVED-AS TO FORM-
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B BARA ZE LEIBOLD
CITY ATTORNEY
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CC Resolution No. 2009-51
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j r EXHIBIT A
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS)
IMPROVEMENT AREA D
SPECIAL ELECTION
AUGUST 25, 2009
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 Pardee Homes, a California corporation, as an owner or
authorized representative of such owner of land within Improvement Area D of the City
of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and represents
425 votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Lake Elsinore at 130 S. Main Street, Lake Elsinore, California, 92530.
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PROPOSITION A: Shall the rate and method of apportionment YES
of existing special taxes with respect to Improvement Area D of
the City of Lake Elsinore Community Facilities District
No. 2003-2 (Canyon Hills) be altered as provided in Resolution
No. 2009-039 of the City Council of the City of Lake Elsinore. NO
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2009-51 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 25th day of August, 2009, and that
the same was adopted by the following vote:
AYES: Bhutta, Buckley, Hickman, Magee, Melendez
NOES: None
ABSENT: None
ABSTAIN: None
DEBORA THOM_SE-N, CMS'
CITY CLERK =
,v,