HomeMy WebLinkAboutCC Reso No 2007-114RESOLUTION NO. 2007-114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF
CITY OF LAKE ELSINORE COMMiJNITY FACILITIES
DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2007-75 stating its
intention to form City of Lake Elsinore Community Facilities District No. 2007-1
(Law Enforcement, Fire and Paramedic Services) (the "District") pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2007-75, incorporating a description
and map of the proposed boundaries of the District and setting forth the rate and
method of apportionment and manner of collection of the special tax to be levied
within the District, which will be used to finance a portion of the cost of providing
law enforcement, fire and paramedic services that are in addition to those provided
in the territory within the District priar to the formation of the District and do not
supplant services already available within the territory proposed to be included in
the District, is on file in the office of the City Clerk and incorporated herein by
reference; and
WHEREAS, on June 26, 2007, this Council held a noticed hearing as
required by law relative to the proposed formation of 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 formation of 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 befare it, and this Council at the conclusion of said hearing was and is fully
advised in the premises; and
WIIEREAS, this Council adopted its Resolution No. 2007-113 determining
the validity of prior proceedings, establishing the District, authorizing the levy of a
special tax within the boundaries of the District; and
WHEREAS, the proposed special tax to be levied upon property within the
District to finance the above referenced public services has not been precluded by
CITY COiJNCIL RESOLUTION NO. 2007-114
PAGE 2 OF 3
protest of the owners of one-half (1/2) or more of the area of land within the
District; and
WHEREAS, this Council wishes to present to the qualified electors of the
District a proposition to levy special taxes on property within the District.
NOW, THEREFORE, THE CITY COUNCIL OF TI3E CITY OF
LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMU1vITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAIVI~DIC SERVICES), 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 the District a proposition (the
"Proposition") to levy special taxes on property within the District in accordance
with the rate and method specified in Resolution 2007-75 of the Council. The
Proposition is attached as E~-ibit "A."
SECTION 2. A special election is hereby called for the District on the
Proposition set forth in Section 1 above.
SECTION 3. The Interim City Clerk shall hand deliver the ballot to the
landowner immediately upon the adoprion of this Resolution.
SECTION 4. The date of the special election for the District on the
combined proposition sha11 be on the 26`h day of June, 2007. The voter ballot shall
be returned to the Interim City Clerk at 130 South Main Street, Lake Elsinore,
California 92530, no later than 7:00 o'clock p.m. on June 26, 2007?:
SECTION 5. The Council finds and determines that there were no
registered voters residing within the territory of proposed District at the time of the
protest hearing and ninety (90) days prior thereto, and that there is only one
landowner in the District. The requirements of Section 53326 of the Government
Code having been waived by the landowner, the ballot for the special election shall
be personally delivered to the landowner within the District.
SECTION 6. The District shall constitute a single election precinct for the
purpose of holding said election.
CITY COUNCIL RESOLUTION NO. 2007-114
PAGE30F3
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 26~' day of June, 2007.
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
ert E. Magee,
City of Lake Elsu
ATTEST:
~ ~~~~ ~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
City Attomey
City of Lake
EXHIBIT "A"
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITTES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
SPECIAL TAX ELECTION
June 26, 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 Corman-Leigh Communities, as owner or
authorized representative of such sole owner of land within City of Lake Elsinore
Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic
Services) and represents 100%0 of the vote.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerlc of
the City of Lake Elsinore at 130 South Main Street, Lake Elsinore; California
92530.
PROPOSITION Shall City of Lake Elsinare Community
Facilities District No. 2007-1 (Law Enforcement, Fire
and Paramedic Services) 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. 2007-75 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 T~ Formula?
YES
NO