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Home My WebLink AboutCC Reso No 2005-019RESOLUTION NO. 2005 - i9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMCJNITY FACILITIES DISTRICT NO. 2003-i (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2005-2 stating its intenrion to annex certain property ("Annexation Area No. 10 (La Laguna Phase 3)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricY') pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, (the "AcY'); and WHEREAS, a copy of Resolution No. 2005-2, incorporating a description and map of the proposed boundaries of Annexation Area No. 10 (La Laguna Phase 3) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 10 (La Laguna Phase 3), 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. 10 (La Laguna Phase 3) priar to the annexation of Annexation Area No. 10 (La Laguna Phase 3) into the District and do not supplant services akeady available within the territory proposed to be included in Annexation Area No. 10 (La Laguna Phase 3), is on file with the Cit}{ Clerk and incorporated herein by reference; and WHEREAS, on March 8, 2005, this Council held a noticed hearing as required by law relarive to the proposed annexation of Annexarion Area No. 10 (La Laguna Phase 3) into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexarion Area No. 10 (La Laguna Phase 3) 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 befare it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and 4536758fi.1 WHEREAS, this Council adopted its Resolution No. 2005- is deternuning the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3), and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 10 (La Laguna Phase 3) a proposition to levy special taxes on property within each Annexation Area No. 10 (La Laguna Phase 3); 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, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 10 (La Laguna Phase 3) a proposirion (the "Annexation Area No. 10 (La Laguna Phase 3) Proposition") to levy special taxes on properiy within Annexation Area No. 10 (La Laguna Phase 3) in accordance with the rate and method specified in Resolution No. 2005 - is of the Council. The Annexation Area No. 10 (La Laguna Phase 3) Proposition is attached as E~ibit "A." Section 2. A special election is hereby called for ~Annexation Area No. 10 {La Laguna Phase 3) on the Annexation Area No. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3) on the proposition shall be on the 8th day of March, 2005. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on March 8, 2005. Section 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 10 (La Laguna Phase 3) at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in each Annexation Area No. 10 (La Laguna Phase 3). 45367586.1 2. 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. 10 (La Laguna Phase 3). Section 6. Each Annexarion Area No. 10 (La Laguna Phase 3) shall constitute a single election precinct for the purpose of holding said election. Section 7. The Council hereby directs that the elecrion be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. PASSED, APPROVED AND ADOPTED this stn day of March , 2~~5. CITY OF LAKE ELSINORE By ~ ~ Robert E. Magee, M or AT EST: ~ i~cv.yrs-r1 Vicki Kasad, City Clerk AS TO City Attorney 45367586.t OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3) SPECIAL TAX ELECTION March 8, 2005 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. Thls ballot ls prOVldCd to K.xbvnanian Forecast Homes, as oWrier or authorized representative of such sole owner of land within Annexation Area No. 10 (La Laguna Phase 3) of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents 9s 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. 2005-~_ 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 Tax Formula? YES NO assc~sse.i EXHIBIT "B" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the S~n of March, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCffiFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AIN: COUNCILMEMBERS: VICKI KASAll, CMC,'CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE HICKMAN NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2005-19 of said Council, and that the same has not been amended or repealed. DAT : March 17, 2005 ~ ~ ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)