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Home My WebLink AboutCC Reso No 2006-060RESOLUTION NO. 2006-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CTTY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "CounciP') of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2006-40 stating its intention to annex certain property ("Annexation Area No. 18 (APNs 377-231-013 and -014)") into City of Lake Elsinare Community Facilities District No. 2003-1 (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. 2006-40, incorporating a description and map of the proposed boundaries of Annexation Area No. 18 (APNs 377-231- 013 and -014) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 18 (APNs 377-231-013 and -014), 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 Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 18 (APNs 377-231-013 and -014), 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 annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into 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 annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into 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 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. 2006-59 deternuning the validity of prior proceedings relating to such annexation; and CITY COUNCIL RESOLUTION NO. 2006-60 Page 2 of 4 WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 18 (APNs 377-231-013 and -014) to finance the above referenced public services has not been precluded by protest of the owners of one- half (1/2) or more of the area of land within Annexation Area No. 18 (APNs 377- 231-013 and -014), and WHEREAS, this Council wishes to present to the qualified electars of Annexation Area No. 18 (APNs 377-231-013 and -014) a proposition to levy special t~es on property within each Annexation Area No. 18 (APNs 377-231-013 and -014). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electars of Annexation Area No. 18 (APNs 377- 231-013 and -014) a proposition (the "Annexation Area No. 18 (APNs 377-231- 013 and -014) Proposition") to levy special taxes on property within Annexation Area No. 18 (APNs 377-231-013 and -014) in accordance with the rate and method specified in Resolution No. 2006 - 59 of the CounciL The Annexation Area No. 18 (APNs 377-231-013 and -014) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 18 (APNs 377-231-013 and -014) on the Annexation Area No. 18 (APNs 377-231- 013 and -014) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for Annexation Area No. 18 (APNs 377-231-013 and -014) on the proposition shall be on the 9`h day of May, 2006. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinare, 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 Annexation Area No. 18 (APNs CTTY COUNCIL RESOLUTION NO. 2006-60 Page 3 of 4 377-231-013 and -014) at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 18 (APNs 377-231-013 and -014). The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 18 (APNs 377-231-013 and -014). SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. 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 9th day of May, 2006. AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN ABSTAIN: COUNCILMEMBERS: i~ " ~-~i Robe Etr Magee, City of Lake ElsiY CITY COUNCIL RESOLUTION NO. 2006-60 Page 4 of 4 ATTEST: Frederick y, City Clerk City of Lake Elsinore ~bara Zeid ibold, City Attorney City of Lake lsinore OFFICIAL BALLOT CITY OF LAKE ELSINORE CONIMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 1 S(APNS 377-231-013 AND -014) SPECIAL TAX ELECTION MAY 9, 2006 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 Shawn McElvogue, as owner or autharized representative of such sole owner of land within Annexation Area No. 18 (APNs 377-231-013 and -014) of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) 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. 2003-1 (Law Enforcement, Fire and Paramedic Services) 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. 2006-40 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided far in the Special Tax Formula? YES NO EXHIBIT "A"