HomeMy WebLinkAboutCC Reso No 2006-057RESOLUTION NO. 2006-57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF
CITY OF LAKE ELSINORE COMMiJNITY 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 Elsinare,
California (the "City"), has heretofare adopted Resolution No. 2006-41 stating its
intention to form 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. 2006-41, 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
parks, open space and storm drain maintenance services that are in addirion to
those provided in the territory within the District prior 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 with the City Clerk and incorporated herein
by reference; and
WHEREAS, on May 9, 2006, 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 taac
desiring to be heard on all matters pertaining to the formation of the Disirict 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. 2006-56 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 COUNCIL RESOLUTION NO. 2006-57
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 THE CITY OF
LAI{E 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 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 2006-56 of the CounciL The
Proposition is attached as Exhibit "A."
SECTION 2. A special election is hereby called far the District ori the
Proposition set forth in Section 1 above.
SECTION 3. The City Clerk shall hand deliver the ballot to the landowner
immediately upon the adoption of this Resolution.
SECTION 4. The date of the special election for the District on the
combined proposition shall be on the 9~' day of May, 2006. The voter ballot shall
be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California
92530, no later than 7:00 o'clock p.m. on May 9, 2006.
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 ha~ing 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 far the
purpose of holding said election.
CITY COUNCIL RESOLUTION NO. 2006-57
Page 3 of 3
SECTION 7. The Council hereby directs that the election be conducted by
the 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 9`t' day of May, 2006.
AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY, MAGEE
ABSTAIN: COUNCILMEMBERS: NONE
A
Frederick I~,~, City Clerk
City of Lake Elsinore
AP ROVED O O
rbara Zeid ibold, City Attorney
City of Lake Isinore
----~ -- -
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
SPECIAL TAX ELECTION
May 9, 2006
To vote, mark a cross (+) in the voting square after the word "YES" ar after
the word "NO." All marks otherwise made are forbidden.
This ballot is provided to Shawn McElvogue, as owner ar authorized
representative of such sole owner of land within 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 City Clerk of
the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, 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
t~es thereof pursuant to the rate and method of
apportionment of special taxes (the "Special Tax
Formula") set forth in Resolution No. 2006-41 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