HomeMy WebLinkAboutCC Reso No 2008-018RESOLUTION NO. 2oos-i8
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. 2007-6 (HOLIDAY INN EXPRESS),
CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2007-205 stating its
intention to form City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday
Inn Express) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982,
as amended, (the "AcY'); and
WHEREAS, a copy of Resolution No. 2007-205, incorporating a description and
map of the proposed boundaries of the CFD and setting forth the rate and method of
apportionment and manner of collection of the special tax to be levied within the CFD,
which will be used to finance the purchase, construction; expansion or rehabilitation of
certain real and other tangible property with an estimated useful life of five years or
longer, including public infrastructure facilities and other governmental facilities, which
the City is authorized by law to construct, own or operate (the "Facilities"), is on file with
the City Clerk and incorporated herein by reference; and
WHEREAS, on January 22, 2008, this Council held a noticed hearing as required
by law relative to the proposed formation of the CFD; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring
to be heard on all matters pertaining to the formation of the CFD 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. zoos-i~ (the "Resolution of
Formation") determining the validity of prior proceedings and establishing the CFD; and
WHEREAS, the proposed special tax to be levied upon property within the CFD
fo finance the above referenced facilities has not been precluded by protest of the
owners of one-half (1/2) or more of the area of land within the CFD; and
WHEREAS, this Council wishes to present to the qualified electors of the CFD a
proposition to levy special taxes on property within the CFD.
1
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follows:
Section 1. Pursuant to Government Code Section 53326, the Council hereby
determines to submit to the qualified electors of the CFD a proposition (the
"Proposition") to levy special taxes on property within the CFD in accordance with the
rate and method of apportionment specified in the Resolution of Formation. The form of
the Proposition is attached as Exhibit A.
Section 2. A special election is hereby called for the CFD on the Proposition set
forth in Section 1 above.
Section 3. The time for notice having been waived by the qualified electors, the
date of the special election for the CFD on the Proposition shall be on the 22nd day of
January, 2008. There being no registered voters residing within the territory of the CFD
at the time of the protest hearing and ninety (90) days prior thereto, there being only
one landowner in the CFD, and the requirements of Section 53326 of the Government
Code having been waived by the landowner, the ballot for the special election shall be
hand delivered to the landowner within the CFD. 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 January 22, 2008. However, the election may be closed within
the concurrence of the City Clerk, as soon as the ballot is returned.
Section 4. Notice of said election and written argument for or against the
measure have been waived by the landowner.
Section 5. The CFD shall constitute a single election precinct for the purpose of
holding said special election.
Section 6. The Council hereby directs that the special election be conducted by
the City Clerk, as the elections official.
Section 7. 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, California, this 22nd day of Januar~r 200~.
,YOR
A T:
V VIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
-~Ll~ruw~w. ~
BARBARA I LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2ooa-ia was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES: MAYOR HICKMAN, MAYOR PROTEM KELLEY, COUNCILMEMBER RUCKLEY,
COUNCILMEMAER MAGEE, COUNCILMEMAER SCHIFFNER
NOES: NONE
ABSENT: rrorrE
ABSTAIN: rrorrE
N,~ . ~.a---
VIAN M. MUNSON
CITY CLERK
EXHIBIT A
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-6
(HOLIDAY INN EXPRESS)
SPECIAL TAX ELECTION
January 22, 2008
To vote, mark an "X" in the voting square after the word "YES" or after the word
"NO." All marks otherwise made are forbidden.
This ballot is provided to , as owner or authorized
representative of such owner of land within City of Lake Elsinore Community Facilities
District No. 2007-6 (Holiday Inn Express) and represents _ vote(s).
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.
PROPOSITION: Shall City of Lake Elsinore Community
Facilities District No. 2007-6 (Holiday Inn Express), subject
to the accountability measures provided for in the Resolution
of Formation adopted on January 22, 2008 (the "Resolution
of Formation"), be authorized to levy special taxes pursuant
to the rate and method of apportionment of special taxes set
forth in Exhibit A of the Resolution of Formation to finance
the authorized facilities and administrative expenses as
provided for in the Resolution of Formation?
YES
NO