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HomeMy WebLinkAboutCC Reso No 2005-105RESOLUTION N0.2005-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $8,500,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON) AND CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2005-104 (the "Resolution of Formation"), which formed the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon) (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 prior 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 $8,500,000, the repayment of which is to be secured by special taxes 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 $8,500,000 to finance the costs of the Facilities. 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 permitted to be financed pursuant to the Act. CITY COUNCIL RESOLUTION NO. 2005-105 Page 2 of 6 _ SECTION 4. The bonds shall be issued in one or more series at a maximum 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 determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or 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 for 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 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 determines to submit to the qualified electors of the CFD a combined proposition (the "Facilities Proposition") to: (1) levy special taxes on property within the CFD in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation; (2) incur bonded indebtedness in the amount not to exceed $8,500,000; 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 „ CITY COUNCIL RESOLUTION N0.2005-105 Page 3 of 6 SECTION 8. A special election is hereby called for the CFD on the Services Proposition 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 notice 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 9th day of August, 2005. 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 Government 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 9, 2005. 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. 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 adoption. PASSED, APPROVED AND ADOPTED this 9th day of August, 2005, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Ro'Sert E. Magee, City of Lake Elsit CITY COUNCIL RESOLUTION N0.2005-105 Page 4 of 6 ATTES .~ ` Frederick Ray e uty City Clerk City of Lake Elsinore EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON) SERVICES SPECIAL TAX ELECTION August 9, 2005 To vote, mark 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 Wasson Canyon Holdings, LLC, as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon) and represents 59 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: Shall City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon), subject to the accountability measures provided for in the Resolution of Formation adopted on August 9, 2005 (the "Resolution of Formation"), be authorized to levy special taxes 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 finance the authorized services and administrative expenses as provided for in the Resolution of Formation? YES X NO EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMiJNITY FACILITIES DISTRICT NO.2005-5 (VILLAGES AT WASSON CANYON) SPECIAL TAX ELECTION August 9, 2005 To vote, mark 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 Wasson Canyon Investments, LP, as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon) and represents 2 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: Shall the City of Lake Elsinore Community I ', Facilities District No. 2005-5 (Villages at Wasson Canyon) (the "CFD"), subject to the accountability measures provided for in the Resolution Calling a Special Election adopted on August 9, 2005 ("Resolution Calling Special Election"), incur an indebtedness and be authorized to issue bonds in an amount not to exceed $8,500,000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable 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 9, 2005 ("Resolution of Formation"); and, subject to the accountability measures provided for in the Resolution of Formation, shall a special tax 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 X NO