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Home My WebLink AboutCC Reso No 2004-36RESOLUTION NO. 2004-36 _ 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, Califomia (the "Cit}~')> has heretofore adopted Resolution No. 2004-20 stating its intention to annex certain property ("Annexation Area No. 7(City Center Townhomes Phase II)") into City of Lake Eisinore Community Faciliui suantst cthe M ll~o-Roos Commumty FacilitFeseActdof 1982edas Services) (the "DistricP') p amended, (the "AcY'); and WHEREAS, a copy of Resolution No. 2004-20, incorporating a description and map of the proposed boundaries of Annexation Area No. 7(City Center Townhomes Phase II) and setting forth the rate and method of apportionment and manner of collection of the special tax to to fmance altportion of the co of p~o id ng lawnenforcem ntT,nfire anad param dic selrvices that are in addition to those prio idY~d Yhe hannexat on of~Annexati no Ar ae No ~ 7(Ci y Center Townhomes Phase II) p ! Townhomes Phase II) into the District and do not supplant services already available within the territory proPosed to be included in Annexation Area No. 7(City Center Townhomes Phase In, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, the Council has heretofore adopted Resolution No. 200n~~21theaDi trict intention to annex certain property ("Annexation Area No. 8(Viscaya)") pursuant to the Act; and WFIEREAS, a copy of Resolution No. 2004-21 V sca a raand selting frth ther ate and the proposed boundaries of Annexation Area No. 8( Y) method of apportionment and manner of collection of the special ta~c to be levied within oviding law enforceme tVfireaa d~ para edicls rvei es h t aren n additionrto those provided n P the territo S wiahinntAnnrie tD Sfr~~ and do(not supplantr ervi es alreadynavail bleXwithin the No. 8 (V~ Y ) territory proPosed to be included in Annexation Area No. 8(Viscaya), is on file with the Crty Clerk and incorporated herein by reference; and WHEREAS, on May 25, 2004, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 7(City Center Townhomes Phase In and Annexation Area No. 8(Viscaya) 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. 7(City Center '. 45367586.1 ~ ~ ~ Townhomes Phase I~ and Annexation Area No. 8(Viscaya) into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented tWahis~~Cosn~lly advi ed in the before it, and this Council at the conclusion of said hearing premises; and WHEREAS, this Council adopted its Resolution No. 2004- 35 determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special ta~c to be levied upon property within Annexation Area No. 7(City Center Townhomes Phase II) and Annexation Area No. 8(Viscaya) 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. 7(City Center Townhomes Phase II) and Annexation Area No. 8(Viscaya), respectively; and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 7(City Center Townhomes Phase In and Annexation Area No. 8(Viscaya) a proposition to levy special taxes on property within each Annexation Area No. 7(City Center Townhomes Phase In and Annexation Area No. 8(Viscaya); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE P~RMAMEDIc FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCENfENT, FIRE AI`1D SERVICES), DOES HEREBY RESOLVE, DETERMiNE AND ~RDER AS FOLLOWS: Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 7(City Center Townhomes Phase II) a proposition (the "Annexation Area No. 7(City Center Townhomes Phase In Proposition") to levy special taxes on property within Annexation Area No. 7(City Center Townhof the CounciL in accordance with the rate and method specified in Resolution No. 2004- 35 The Annexation Area No. 7(City Center Townhomes Phase I~ Proposition is attached as Exhibit "A." Section 2. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 8(Viscaya) a proposition (the "Annexation Area No. 8(Viscaya) Proposition") to levy special taxes on properiy within Annexation Area No. 8(Viscaya) in accordance with the rate and method specified in Resolution No. 2004- 3j of the CounciL The Annexation Area No. 8(Viscaya) Proposition is attached as Exhibit "B" Section 3: A special election is hereby called forCAnneCenterTownhomes 1PhasenII) Townhomes Phase Ip on the Annexation Area No. 7( Y Proposition set forth in Section 1 above. Section 4. A special election is hereby called for Annexation Area No. 8(Viscaya) on the Annexation Area No. 8(Viscaya) 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. Section 6. The date of the special election for Annexation Area No. 7(City Center Townhomes Phase II) on the proposition shall be on the 24th day of February, 2004. The voter ballot shall be retumed to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on May 25, 2004. Section 7. The date oF the special election for Annexation Area No. 8(Viscaya) on the proposition shail 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 May 25, 2004. Section 8. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 7(City Center Townhomes Phase II) or Annexation Area No. 8(Viscaya) 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. 7(City Center Townhomes Phase II) and Annexation Area No. 8(Viscaya). The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shali be personally delivered to the respective landowner within Annexation Area No. 7(City Center Townhomes Phase In and Annexation Area No. 8(Viscaya). Section 9. Each Annexation Area No. 7(City Center Townhomes Phase In and Annexation Area No. 8(Viscaya) 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. 45367586.1 3 e PASSED, APPROVED AND ADOPTED this 25th day of May , 2004. CITY OF LAKE ELSINORE AS TO Zeid I~eibold, City Attorney 45367586.1 ~ 4 Vicki Kasad, City Clerk 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 25`h of May, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCffiFFNER, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ABS A : COUNCILMEMBERS: NONE ~ VIC AD, C, CI CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 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. 2004-36 of said Council, and that the same has not been amended or repealed. DA . June 2, 2004 ~ /1~~ {i~[ KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 7(CITY CENTER TOWNHOMES PHASE II) SPECIAL TAX ELECTION May 25, 2004 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. 7(City Center Townhomes Phase In oF City of Lake Elsinare 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. 2004- 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 45367586.1 EXHIBIT "A" OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 8 (VISCAYA) SPECIAL TAX ELECTION May 25, 2004 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. 8(Viscaya) 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 taaces thereof pursuant to the rate and method of apportionxnent of special taxes (the "Special Taac Formula") set forth in Resolution No. 2004- 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? 45367586.1 EXHIBIT "B" YES NO F.