HomeMy WebLinkAboutCC Reso No 2007-159RESOLUTION NO. 2007-159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY
OF THE CITY OF LAKE ELSINORE COMMiJ1VITY
FACILITIES DISTRICT NO. 2006-1 (SUMMERL~, CALLING
A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinoxe
(the "City") has previously established the City of Lake Elsinore Community
Facilities District No. 2006-1 (Summerly) (the "CFD") and designated areas within
the CFD as Improvement Area No. 1, Improvement Area No. 2 and Improvement
Area No. 3, a11 pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"); and
WIIEREAS, the Council has heretofore adopted Resolution No. 2007-136
("Resolution of Intention") stating its intention to annex certain property (the
"Annex Area") into Improvement Area No. 1; and
WHEREAS, on August 28, 2007, this Council held a noriced hearing as
required by law relative to the proposed annexation of the Annex Area into
Improvement Area No. 1; and
WHEREAS, this Council adopted its Resolution No. 2007- 158 deternuning
the validity of prior proceedings relating to such annexation and annexed the
Annex Area into Improvement Area No. 1; and
WHEREAS, this Council desires to present to the qulaified electors of the
Annex Area a proposition to levy special taxes on property within the Annex Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERNIINE 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 Annex Area a proposition (the
"Services Proposirion") to levy special taxes on property within the Annex Area in
accordance with the rate and method of apportionment specified in the Resolution
of Intention, The form of the Services Proposition is attached as Exhibit "A."
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CITY COUNCIL RESOLUTION NO. 2007-159
PAGE 2 OF 3
SECTION 3. Pursuant to Section 53339.7 of the Act, the Council hereby
deternunes to submit to the qualified electors of the Annex Area a proposition (the
"Facilities Proposition") to levy special taxes on property within the Annex Area in
accordance with the rate and method of apportionxnent specified in the Resolution
of Intention. The forxn of the Facilities Proposition is attached as E~ibit `B."
SECTION 4. A special election is hereby called for the Annex Area on the
Services Proposition set forth in Section 2 above.
SECTION 5. A special election is hereby called for the Annex Area on the
Facilities Proposition set forth in Section 3 above.
SECTION 6. All time limits specified in the Act or requirements pertaining
to the conduct of the election having been waived by the qualified electors, the date
of the special election for the Annex Area on the Services Proposition and the
Facilities Proposition shall be on the 28`~' day of August, 2007. There being no
registered voters residing within the territory of the Annex Area at the time of the
protest hearing and ninety (90) days priar thereto, there being only one landowner
in the Annex 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 Annex Area. The
voter ballot shall be returned to the Acting City Clerk at 130 S. Main Street, Lake
Elsinore, California 92530, no later than 11:00 o'clock p.m. on August 28, 2007.
However, the election may be closed within the concurrence of the Interim City
Clerk, as soon as the ballot is returned.
SECTION 7. Notice of said election and written argument for ar against
the measure have been waived by the landowners.
SECTION 8, The Annex Area shall constitute a single election precinct for
the purpose of holding said special election.
SECTION 9. The Council hereby directs that the special election be
conducted b~ the interim City Clerk, as the elections official.
~~;(:'ICIJON 10, This Resolution shall take effect from and after tbe date of
~ts ~assage and adoprion.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 28 day of Ay~ust 2007.
E. M`AGEE
MAYOR
CITY OF LAKE ELSI
ATTEST:
~ ~~n o~ ~~
MICHELLE SOTO
INTERIM CITY CLERK
APPROVED AS TO FORM:
~-d~ ' ' ~ V ~CJ-~-'
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, MICHELLE SOTO, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. 159 was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 28th day of August 2007, and that the
same was adopted by the following vote:
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCILMEMBER THOMAS BUCKLEY
COUNCILMEMBER GENIE KELLEY
COUNCILMEMBER ROBERT SCHIFFNER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE ~ //
/ ~~
MICHELLE SOTO
INTERIM CITY CLERK
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