HomeMy WebLinkAboutCC Reso No 2004-12RESOLUTION NO. 2004- 12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE
COMMUNTI'Y 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, Califomia
(the "City"), has heretofore adopted Resolution No. 20043 stating its intention to annex certain
property ("Annexation Area No. 5(La Laguna Phase II)") into City of Lake Elsinore Community
Facilities District No. 2003-1 (Law Enforcement, Fire and Pazamedic Services) (the "DishicY')
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "AcY'); and
WHEREAS, a copy of Reso(ution Na 2004-3, incorporating a description and map of the
proposed boundaries of Annexation Acea No. 5(La Laguna Phase In and setting forth the rate
and method of apportionment and manner of collection of the special tax to be levied within
Annexation Area No. 5(La Laguna Phase In, 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. 5(La Laguna Phase II) prior to the annexation of
Annexation Area No. 5(La Laguna Phase II) into the District and do not supplant services
already availabie within the territory proposed to be inciuded in Annexation Area No. 5(La
Laguna Phase II), is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, the Council has heretofore adopted Resolution No. 2004-4 stating its
intention to annex certain property ("Annexation Area No. 6(Villa Martinique)") into the
District pursuant to the Act; and
WHEREAS; a copy of Resolution No. 2004-4, incorporating a description and map of the
proposed boundaries of Annexation Area No. 6(Villa Martinique) and setting forth the rate and
method of apportionment and manner of collection of the special ta~c to be levied within
Annexation Area No. 6(Villa Martinique), 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. 6(Villa Martinique) prior to the annexation of
Annexation Area No. 6(Villa Martinique) into the District and do not supplant services already
available within the territory proposed to be included in Annexation Area No. 6(Villa
Martinique), is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on February 24, 2004, this Council held a noticed hearing as required by
law relative to the proposed annexation of Annexation Area No. 5(La Laguna Phase II) and
Annexation Area No. 6(Villa Martinique) 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. 5(La Laguna Phase II)
and Annexation Area No. 6(Villa Martinique) into the District were heard and a full and fair
hearing was held; and
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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 fuliy advised in the
premises; and
WHEREAS, this Council adopted its Resolution No. 2004- ~ ~ determining the validity
of prior proceedings relating to such annexation; and
WHEREAS, the proposed special talc to be levied upon property within Annexation Area
No. 5(La Laguna Phase II) and Annexation Area No. 6(Villa Martinique) 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. 5(La Laguna Phase II) and Annexation
Area No. 6(Villa Martinique), respectively; and
WHEREAS, this Council wishes to present to the qualified electors of Annexation Area
No. 5(La Laguna Phase II) and Annexation Area No. 6(Villa IVlartinique) a proposition to levy
special taxes on property within each Annexation Area No. 5(La Laguna Phase II) and
Annexation Area No. 6(Vitla Martinique);
NOW, TAEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSIIVORE,
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. 5(La Laguna Phase II) a proposition
(the "Annexation Area No. 5(La Laguna Phase II) Proposition") to levy speciai taxes on
property within Annexation Area No. 5(La Laguna Phase II) in accordance with the rate and
method specified in Resolution No. 2004-~ of the Council. The Annexation Area No. 5(La
Laguna Phase II) Proposition is attached as Exhibit "A."
Section 2. Pursuant to Government Code Section 53353.5, the Council hereby
submits to Yhe qualified electors of Annexation Area No. 6(Villa Martinique) a proposition (the
"Annexation Area No. 6(Villa Martinique) Proposition") to levy special taaces on property
within Annexation Area No. 6(Villa Martinique) in accordance with the rate and method
specified in Resolution No. 2004- ~ 1 of the CounciL The Annexation Area No. 6(Villa
Martinique) Proposition is attached as Exhibit "B."
Section 3. A special election is hereby called for Annexation Area No. 5(La Laguna
Phase II) on the Annexation Area No. 5(La Laguna Phase II) Proposition set forth in Section I
above.
Section 4. A special election is hereby called for Annexation Area No. 6(Villa
Martinique) on the Annexation Area No. 6(Villa Martinique) Proposition set forth in Section 2
above.
Section 5. The City Clerk shall hand deliver the ballot to the appropriate landowner
immediately upon the adoption of this Resolution.
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. Section 6. The date of the special election for Annexation Area No. 5(La Laguna
Phase In on the proposition shall be on the 24th day of February, 2004. 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 February 24, 2004.
Section 7. The date of the special election for Annexation Area No. 6(Villa
Martinique) on the proposition shall be on the 24th day of February, 2004. 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 Februazy 24, 2004.
Section 8. The Council finds and determines that there were no registered voters
residing within the temtory of Annexation Area No. 5(L,a Laguna Phase In or Annexarion Area
No: 6(Villa Martinique) at the rime of the protest hearing and ninety (90) days prior thereto, and
that there is only one landowner in each Annexation Area No. 5(La L,aguna Phase In and
Annexation Area No. 6(Villa Martinique); The requirements of Section 53326 of the
Government Code having been waived by the respective landowner, the ballot for Yhe special
election shall be personally delivered to the respective landowner within Annexation Area No. 5
(La Laguna Phase II) and Annexation Area No. 6(Villa Martinique).
Section 9. Each Annexation Area No. 5(La Laguna Phase II) and Annexation Area
No. 6(Villa Martinique) shall constitute a single election precinct for the purpose of holding said
election.
Section 10. The Council hereby directs that the election be conducted by the City
Clerk of the City of Lake Elsinore, as the elections official:
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PASSED, APPROVED AND ADOPTED this 24th day of February , 2004.
CITY OF LAKE ELSINORE
Vicki Kasad, City Clerk
APPROVED AS TO FO
aza Zeid Lei ld, City Attorney
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STATE OF CALIFORNIA
COUNTY OF RNERSIDE
)
) ss.
)
I, Vicki Kasad, 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. 2003-1 {Law Enforcement, Fire and Paramedic
Services), at a regular or adjoumed regulaz meeting thereof held on the 24th day of
Februarv , 2004, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
By:
Vicl
HICKMAN, MAGEE, SCHIFFNER, KELLEY
NONE
BUCKLEY
45367586.1 5
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 5(LA LAGUNA PHASE II) OF THE CITY OF LAKE
ELSINORE
SPECIAL TAX AND APPROPRIATIONS LIMIT ELECTION
February 24, 2004
To vote, mazk a cross (+) in the voting square after the word "YES" or after the word
"NO." All mazks otherwise made are forbidden.
This ballot is provided to K. Hovnanian Forecast Homes, Inc., as owner or authorized
representative of such sole owner of land within Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) and represents one (1) 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 Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services) Annexation Area
No. 5(La Laguna Phase II) of the City of Lake Elsinore be
authorized to levy special taxes thereof pursuant to the rate and
method of apportionment of special taxes (the "Special Taac
Formula") set forth in Resolution No. 2004-3 to finance the
authorized services and administrative expenses and to fund and
replenish a reserve fund, if any, all as provided for in the Speciai
Taac Formula?
YES
NO
OF'FICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2003-i
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 6(VILLA MARTIlVIQUE) OF THE CITY OF LAKE
ELSINORE
SPECIAL TAX AND APPROPRIATIONS LIMIT ELECTION
February 24,2004
To vote, mark a cross (+) in the voting square after the word "YES" or after the word
"NO." AIl marks otherwise made aze forbidden.
This ballot is provided to Daigle Homse, LLC., as owner or authorized representative of
such sole owner of land within Community Facilities District No. 2003-1 (Law Enforcement,
Fire and Pazamedic Services) and represents one (1) vote.
If you wrongly mark, tear, or deface this ballot, retum it to the City Clerk of the City of
Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530.
PROPOSITION Shall Community Facilities District No.2003-1
(Law Enforcement, Fire and Paramedic Services) Annexation Area
No. 6(Villa Martinique) of the City of Lake Elsinore be authorized
to levy special taxes thereof pursuant to the rate and method of
apportionment of special taaces (the "Special Tax Formula") set
forth in Resolution No. 2004-4 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