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HomeMy WebLinkAboutCC Reso No 2006-032RESOLUTION NO. 2006-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF TFIE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLI~ WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "CFD"), the rate and method of apportionment for the levy and collection of special taxes (the "Services Special Tax") to finance a portion of the cost of providing parks, open space and starm drains maintenance services, the authorization of indebtedness in the amounts not to exceed $30,000,000, $28,000,000 and $27,000,000 within Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3, respectively, of the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax") to pay the principal and interest on bonds issued or other debt, and the establishment of an appropriations limit, and the calling of an election in regard to the foregoing; and WHEREAS, on February 28, 2006, an election was held within the CFD relative to the rate and method of apportionment of Services Special Tax, the authorization of not to exceed $30,000,000, $28,000,000 and $27,000,000 of indebtedness within Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No.3, respectively, of the CFD, the rate and method of apportionment of the Special Tax, and the establishment of an appropriations limit; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the Services Special TaY, incurring the bonded indebtedness, the rate and method of apportiomnent and manner of collection of the Special TaY and establishing an appropriations limit for the respective Improvement Areas of the CFD was approved by the requisite 2/3 of the votes cast by qualified electors of the CFD or respective Improvement Areas, as applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within the CFD was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the CFD, is authorized to levy the Services Special Tax on behalf of the CFD, as specified in CITY COUNCIL RESOLUTION NO. 2006-32 Page 2 of 3 Resolution No. 2006-30 (the "Resolution of Formation") adopted by the Council on February 28,2006. SECTION 3. The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax on behalf of the CFD, as specified in the Resolution of Formation. SECTION 4. The Council is authorized to incur indebtedness on behalf of the CFD for Improvement Area No. l, Improvement Area No. 2 and Improvement Area No.3 of said CFD, in the maYimum amounts of $30,000,000, $28,000,000 and $27,000,000, respectively. SECTION 5. The City is authorized to establish an appropriations limit for the Improvement Areas of the CFD. SECTION 6. The City Clerk is hereby directed and authorized to record notice of the special tax of the CFD by recording a Notice of Special Tax Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways Code. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28`" day of February, 2006, by the following vote. AYES: COUNCILMEMBERS HICKMAI~, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: NONE NONE Robert E. M~ City of Lake CITY COUNCIL RESOLUTION NO. 2006-32 Page 3 of 3 ATTEST• Fredrick Ray, D puty City Clerk City of Lake Elsinore ~arbara Zeid~ibold; City Attorney City of Lake lsinore