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HomeMy WebLinkAboutCC Reso No 2005-135RESOLUTION N0.2005 -135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (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. 2005-94 stating its intention to annex certain property ("Annexation Area No. 13 (Villages at Wasson Canyon)") into City of Lake Elsinore 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. 2005-94, incorporating a descripfion and map of the proposed boundaries of Annexation Area No. 13 (Villages at Wasson Canyon) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 13 (Villages at Wasson Canyon), 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 temtory within Annexation Area No. 13 (Villages at Wasson Canyon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson Canyon) into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 13 (Villages at Wasson Canyon), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on September 13, 2005, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 13 (Villages at Wasson Canyon) 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 Annexation Area No. 13 (Villages at Wasson Canyon) 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. 2005-134 determining the validity of prior proceedings relating to such annexation; and CITY COUNCIL RESOLUTION NO. 135 Page 2 of 4 WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon), and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 13 (Villages at Wasson Canyon) a proposition to levy special taxes on property within each Annexation Area No. 13 (Villages at Wasson Canyon). 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. 13 (Villages at Wasson Canyon) a proposition (the "Annexation Area No. 13 (Villages at Wasson Canyon) Proposition") to levy special taxes on property within Annexation Area No. 13 (Villages at Wasson Canyon) in accordance with the rate and method specified in Resolution No. 2005 -134 of the Council. The Annexation Area No. 13 (Villages at Wasson Canyon) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 13 (Villages at Wasson Canyon) on the Annexation Area No. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon) on the proposition shall be on the 26th day of April, 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 September 13, 2005. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon). 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. 13 (Villages at Wasson Canyon). CITY COUNCIL RESOLUTION NO. 135 Page 3 of 4 SECTION 6. Each Annexation Area No. 13 (Villages at Wasson Canyon) 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. CITY COUNCIL RESOLUTION NO. 135 Page 4 of 4 PASSED, APPROVED AND ADOPTED this 13t1i day of September, 2005, by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS NONE NONE NONE ~~ Robert E. Magee, City of Lake Elsie ATTEST: APP OVED AS TO FO bara Zeid Le~ old, City Attorney City of Lake Elsinore City of Lake llsmore STATE OF CALIFORNIA COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE SS: I, FREDERICK RAY, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said City, acting as the legislative body of Community Facilities District No. 2003-I (Law Enforcement, Fire and Paramedic Services), at a regular meeting thereof held on the 13th day of September, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILM~MBERS: NONE FREDERICK R~4', CITY CLERK CITY OF LAKE ELSINORE (SEAL) OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 13 (VILLAGES AT WASSON CANYON) SPECIAL TAX ELECTION September 13, 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. This ballot is provided to as owner or authorized representative of such sole owner of land within Annexation Area No. 13 (Villages at Wasson Canyon) of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents 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 taxes 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 EXHIBIT "A"