HomeMy WebLinkAboutCC Reso No 2007-059RESOLUTION NO. 2007-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE
COMMiTNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA
CANYOI~, CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinare
(the "City") has previously established the City of Lake Elsinore Community
Facilities District No. 2004-3 (Rosetta Canyon) (the "CFD") and designated
portions of the CFD as Improvement Area No. 1 and Improvement Area No. 2, all
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"); and
WHEREAS, the Council has heretofore adopted Resolution No. 2007-28
("Resolution of Intention") stating its intention to annex certain property (the
"Annexation Area") into Improvement Area No. 2; and
WHEREAS, on April 24, 2007, this Council held a noticed hearing as
required by law relative to the proposed annexation of the Annexation Area into
Improvement Area No. 2; and
WHEREAS, this Council adopted its Resolution No. 2007- ss determining
the validity of prior proceedings relating to such annexation and annexed the
Annexation Area into Improvement Area No. 2; and
WHEREAS, this Council desires to present to the qualified electors of the
Annexation Area a proposition to levy special taaces on property within the
Annexation Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Pursuant to Section 53339.7 of the Act; the Council hereby
determines to submit to the qualified electors of the Annexation Area a proposition
(the "Proposition") to levy special t~es on property within the Annexed Area in
CITY COUNCIL RESOLUTION NO. 2007-59
PAGE 2 OF 3
accordance with the rate and method of apportionment specified in the Resolution
of Intention. The form of the Proposition is attached as Exhibit "A."
SECTION 3. A special election is hereby called for the Annexation Area
on the Proposition set forth in Section 2 above.
SECTION 4. All time limits specified in the Act or requirement pertaining
to the conduct of the election having been waived by the qualified electors, the date
of the special election for the Annexation Area on the Proposition shall be on the
24`~' day of April, 2007. There being no registered voters residing within the
temtory of the Annexation Area at the time of the protest hearing and ninety (90)
days prior thereto, there being only one landowner in the Annexation Area, and the
requirements of Section 53326 of the Government Code having been waived by
the landowners, the ballot for the special election shall be hand delivered or mailed
to the landowner within the Annexation Area. The voter ballot shall be returned to
the Interim City Clerk at 130 S. Main Street, Lake Elsinore, California 92530, no
later than 11:00 o'clock p.m. on April 24, 2007. However, the election may be
closed within the concurrence of the Interim City Clerk, as soon as the ballot is
returned.
SECTION 5. Notice of said election and written argument for or against
the measure have been waived by the landowners.
SECTION 6. The Annexation Area shall constitute a single election
precinct for the purpose of holding said special election.
SECTION 7. The Council hereby directs that the special election be
conducted by the Interim City Clerk, as the elections official.
SECTION 8. This Resolution shall take effect from and after the date of its
passage and adoption.
CITY COiTNCIL RESOLUTION NO. 2007-59
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED this 24th day of April, 2007.
l~~S: C~UNCII.IV~N~ERS: Thomas Buckley, Daryl Hickman, Genie Kelley,
Robert Schiffner, and Mayor Robert Magee
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMENIBERS: None
ABSTAIN: COUNCILMENIBERS: None
l~
obert E. M~
City of Lake
ATTEST:
~ ~n~l ~X D 11~Y'v
Michelle Soto, Interim City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
~-
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
EXHIBIT A
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2004-3
(ROSETTA CANYON)
ANNEXATION AREA OF IMPROVEMENT AREA NO. 2
SPECIAL TAX ELECTION
Apri124, 2007
To vote, mazk an "X" in the voting square after the ward "YES" or after the word "N0."
All mazks otherwise made are forbidden.
This ballot is provided to Centex Homes, as owner or authorized representative of such
owner of land within the Annexation Area of Improvement Area No. 2 of the City of Lake
Elsinore CommuniTy Facilities District No. 2004-3 (Rosetta Canyon) and represents
vote(s).
If you wrongly mark, tear, or deface this ballot, return it to the Interim 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. 2004-3 (Rosetta Canyon), subject to the accountability
measures provided for in Resolution No. 2005-38, be authorized to
levy special taaces pursuant to the rate and method of
apportionment of special taxes set forth in Exhibit A of Resolution
No. 2007-28 (the "Resolution of Intention to Annex") to pay the
principal of and interest on such indebtedness and bonds and to
otherwise finance the Facilities (as defined in the Resolution of
Intention to Annex)?
YES
NO