HomeMy WebLinkAboutCC Reso No 2006-134RESOLUTION NO. 2006-134
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED
INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED
$5,000,000 WITHIN THE CITY OF LAKE ELSINORE
COMMLTNITY FACILITIES DISTRICT NO. 2006-6 (TESSERA)
AND CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinare
(the "City") has heretofore adopted Resolution No. 2006-133 (the "Resolution of
Formation"), which formed the City of Lake Elsinore Community Facilities
District No. 2006-6 (Tessera) (the "CFD"), pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act"), to finance a portion of
the cost of providing parks, open space and storm drains maintenance services (the
"Services") that are in addition to those provided in the territory within the CFD
priar to the formation of the CFD, and to finance the purchase, construction,
expansion or rehabilitation of certain real and other tangible property with an
estimated useful life of five years or longer, including public infrastructure
facilities and other governmental facilities, which the City is authorized by law to
construct, own or operate (the "Facilities"); and
WHEREAS, a copy of the Resolution of Formation is on file with the City
Clerk and incorporated herein by reference; and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded
indebtedness in the amount not to exceed $5,000,000, the repayment of which is to
be secured by special t~es levied in accordance with Section 53340 et seq. of the
Act on certain properties within the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indebtedness in the amount
not to exceed $5,000,000 to finance the costs of the Facilities.
CITY COiTNCIL RESOLUTION NO. 2006-134
Page 2 of 5
SECTION 3. The indebtedness will be incurred for the purpose of
financing the costs of acquiring the Facilities, the financing of the costs associated
with the issuance of the bonds and all other costs necessary to finance the Facilities
which are pernutted to be financed pursuant to the Act.
SECTION 4. The bonds shall be issued in one or more series at a
m~imum interest rate not to exceed 12 percent per annum or such rate not in
excess of the maximum rate permitted by law at the time the bonds are issued, and
payable annually or semiannually as determined by the Council. The term of the
bonds shall be deternuned pursuant to a resolution of the Council authorizing the
issuance of the bonds, but such term shall in no event exceed 40 years ar such
longer term as is then permitted by law.
SECTION 5. Pursuant to and in compliance with the provisions of Article
1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title
5 of the Government Code, the Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness incurred by or on
behalf of the City:
(a) Such bonded indebtedness shall be incurred for the specific
purposes set forth in Section 3 above.
(b) The proceeds of any such bonded indebtedness shall be applied
only to the specific purposes identified in Section 3 above.
(c) The document or documents establishing the terms and
conditions for the issuance of any such bonded indebtedness shall provide for the
creation of an account or accounts into which the proceeds of such bonded
indebtedness shall be deposited.
(d) The City Manager, or his or her designee, acting far and on
behalf of the City, shall annually file a report with the Council as required by
Government Code Section 53411.
SECTION 6. Pursuant to Government Code Section 53326, the Council
hereby determines to submit to the qualified electors of the CFD a proposition (the
"Services Proposition") to levy special taxes on property within the CFD in
CTTY COiTNCIL RESOLUTION NO. 2006-134
Page 3 of 5
accordance with the rate and method of apportionment specified in the Resolution
of Formation. The form of the Services Proposition is attached as Exhibit "A."
SECTION 7. Pursuant to Government Code Section 53353.5, the Council
hereby deternunes to submit to the qualified electors of the CFD a combined
proposition (the "Facilities Proposition") to: (1) levy special t~es on property
within the CFD in accordance with the rate and method of apportionment of
special t~ specified in the Resolution of Formation; (2) incur bonded indebtedness
in the amount not to exceed $5,000,000; and (3) establish an appropriations limit as
defined by subdivision (h) of Section 8 of Article XIIIB of the California
Constitution, for the CFD. Said appropriations limit shall equal the maximum
amount of bonded indebtedness authorized to be incurred for the CFD. The form
of the Facilities Proposition is attached as Exhibit "B."
SECTION S. A special election is hereby called for the CFD on the
Services Proposirion set forth in Section 6 above.
SECTION 9. A special election is hereby called for the CFD on the
Facilities Proposition set forth in Section 7 above.
SECTION 10. The time for norice having been waived by the qualified
electors, the date of the special election for the CFD on the Services Proposition
and for the CFD on the Facilities Proposition shall be on the 8t" day of August,
2006. There being no registered voters residing within the territory of the CFD at
the time of the protest hearing and ninety (90) days prior thereto, there being only
two landowners in the CFD, and the requirements of Section 53326 of the
Govemment Code having been waived by the landowners, the ballot for the special
election shall be hand delivered to the landowners within the CFD. The voter
ballot shall be returned to the City Clerk at 130 S. Main Street, Lake Elsinore,
California 92530, no later than 11:00 o'clock p.m. on August 8, 2006. However,
the election may be closed within the concurrence of the City Clerk, as soon as the
ballot is returned.
SECTION 11. Notice of said election and written argument for or against
the measure have been waived by the landowners.
SECTION 12. The CFD shall constitute a single election precinct for the
purpose of holding said special election.
CITY COUNCIL RESOLUTION NO. 2006-134
Page 4 of 5
SECTION 13. The Council hereby directs that the special election be
conducted by the City Clerk, as the elections official.
SECTION 14. This Resolution shall take effect from and after the date of
its passage and adoprion.
PASSED, APPROVED AND ADOPTED this 8th day of August, 2006, by
the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
f i i ~ i •
Robert E. M;
City of Lake
ATTEST•
Frederick R , City Clerk
City of Lake Elsinore
ROVED O RM:
i~l~lA~I ~?(~I/~(GJ.u~ ~e~il~l~~
$~arbara Zeid~eibold, City Attomey
City of Lake Elsinare
EXHIBIT A
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMi_TNITY FACILITIES DISTRICT NO. 2006-6
(TESSERA)
SERVICES SPECIAL TAX ELECTION
August 8, 2006
To vote, mazk an"X" in the voting square after the word "YES" or after the word "NO."
All marks otherwise made are forbidden.
This ballot is provided to , as owner or authorized representative of
such owner of land within City of Lake Elsinore Community Facilities District No. 2006-6
(Tessera) and represents _ vote(s).
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530.
PROPOSITION: Sha11 City of Lake Elsinore Community Facilities
District No. 2006-6 (Tessera), subject to the accountability
measures provided for in the Resolution of Formation adopted on
August 8, 2006 (the "Resolution of Formation"), be authorized to
levy special taa~es pursuant to the rate and method of
apportionment of special taxes (the "Special Tax Formula") set
forth in Exhibit A of the Resolution of Formation to fmance the
authorized services and administrative expenses as provided for in
the Resolution of Formation?
YES
NO
A-1
EXHIBIT B
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-6
(TESSERA)
SPECIAL TAX ELECTION
August 8, 2006
To vote, mark an"X" in the voting square after the ward "YES" or after the word "NO."
All marks otherwise made aze forbidden.
This ballot is provided to , as owner or authorized representarive of
such owner of land within City of Lake Elsinore Community Facilities District No. 2006-6
(Tessera) and represents _ vote(s).
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Lake Elsinare at 130 S. Main Street, Lake Elsinore, California 92530.
PROPOSITION: Shall the City of Lake Elsinore Community
Facilities District No. 2006-6 (Tessera) (the "CFD"), subject to the
accountability measures provided for in the Resolution Calling a
Special Election adopted on August 8, 2006 ("Resolution Calling
Special Election"), incur an indebtedness and be authorized to
issue bonds in an amount not to exceed $5,000,000 with interest at
a rate or rates established at such time as the bonds aze sold in one
or more series at fixed or variable interest rates, however not to
exceed any appiicable statutory rate for such bonds, the proceeds
of which will be used to finance the certain public facilities (the
"Facilities") as described in the Resolution of Formation adopted
on August 8, 2006 ("Resolution of Formation"); and, subject to the
accountability measures provided for in the Resolution of
Formation, shall a special taac be levied to pay the principal of and
interest on such indebtedness and bonds and to otherwise finance
the Facilities; and shall an appropriations limit be established for
the CFD pursuant to Article XIIIB of the California Constitution,
said appropriations limit to be equal to the maximum amount of
bonded indebtedness authorized to be incurred for the CFD?
YES
NO
B-1