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Home My WebLink AboutCC Reso No 2007-056RESOLUTION NO. 2007-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2007-25 stating its intention to annex certain property (Annexation Area No. 1(Tract 32503) ("Annexation Area No. 1")) into City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2007-25, incorporating a description and map of the proposed boundaries of Annexation Area No. 1 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 1, which will be used to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 1 prior to the annexation of Annexation Area No. 1 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 1, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on April 24, 2007, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 1 into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 1 into the District 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. 2007- ss determining the validity of prior proceedings relating to such annexation; and CITY COiTNCIL RESOLUTION NO. 2007-56 PAGE 2 OF 3 WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 1 to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within Annexation Area No. 1, and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 1 a proposition to levy special taxes on property within each Annexation Area No. 1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 1 a proposition (the "Annexation Area No. 1(Tract 32503) Proposition") to levy special taxes on property within Annexation Area No. 1 in accordance with the rate and method specified in Resolution No. 2007- s~ of the Council. The Annexation Area No. 1(Tract 32503) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 1 on the Annexation Area No. 1(Tract 32503) Proposition set forth in Section 1 above. SECTION 3. The Interim City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for Annexation Area No. 1 on the proposition shall be on the 24`~' day of April, 2007. The voter ballot shall be retumed to the Interim City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 o'clock p.m. on Apri124, 2007. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 1 at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 1. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for CITY COiJNCIL RESOLUTION NO. 2007-56 PAGE 3 OF 3 the special election shall be personally delivered to the respective landowner within Annexation Area No. 1. SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. SECTION 7. The Council hereby directs that the election be conducted by the Interim City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24`~' day of April, 2007, by the following vote. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS Thomas Buckley, Daryl Hickman, Genie Kelley, Robert Schiffner and Mayor Robert Magee None ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: None I~ert E. Magee, City of Lake Elsir ATTEST: ~ ichelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) ANNEXATION AREA NO. 1(TRACT 32503) SPECIAL TAX ELECTION APRIL 24, 2007 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 Centex Homes, as owner or authorized representative of such sole owner of land within Annexation Area No. 1(Tract 32503) of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the Interim City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinare, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. 2007-25 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax F'ormula? YES NO EXHIBIT "A"