Loading...
HomeMy WebLinkAboutCC Reso No 2003-38RESOLUTION NO. 2003-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF 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. 2003-21 stating its intention to form City of Lake Eisinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Servcies) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2003-21, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of col(ection of the special taac to be levied within the District, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that aze in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on August 12, 2003, this Council held a noticed hearing as required by law relative to the proposed formation of 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 formation of 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.20~jdetermining the validity of prior proceedings, establishing the District, authorizing the levy of a special taac within the boundaries of the District; and WHEREAS, the proposed special tax to be levied upon property within the District 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 the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special tases on property within the District. 45317888.1 NOW, THEREFORE, the City Council of the City of Lake Elsinore, acting as the legislative body of Community Facilities District No. 2003-1 (Law Enforcement, Fire And Paramedic Services), does hereby resolve, determine and order as follows: Section 1. Pursuant to Govemment Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the "Proposition") to levy special tases on property within the District in accordance with the rate and method specified in Resolution 2003-21 of the Council. The Proposition is attached as Exhibit "A." Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 above. Section 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution. Section 4. The date of the special election for the District on the combined proposition shall be on the 12th day of August, 2003. The voter ballot sha11 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 August 12, 2003. Section 5. The Council finds and determines that there were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in the District. The requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be personally delivered to the landowner within the District. Section 6. The District 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. PASSED, APPROVED AND ADOPTED this 12th day of August, 2003. OF LA`KE ELSINORE Title: Mayor ATTEST: APPR VED AS TO FO : ~~~~~.~~ ~ City Clerk of the City of Lake Elsinore r ara Zei d Lei bol d, Ci ty Attorney 45317888.1 2 OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) OF THE CITY OF LAKE ELSINORE SPECIAL TAX AND APPROPRIATIONS LIMIT ELECTION August 12, 2003 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 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 Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) of the City of Lake Elsinore be authorized to levy special taaces thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. 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 Tas Formula? YES NO 45317888.1 E~'HIBIT "E~" CONCURRENCE ON HOLDING SPECIAL ELECTION LESS THAN 125 DAYS FOLLOWING THE ADOPTION OF RESOLUTION OF FORMATION As the elections official of the special election (the "Election") called for by the Resolution of the City Council of the City of Lake Elsinore Acting on Behalf of Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Calling a Special Election, I hereby concur on holding the Election less than 125 days following the adoption of the Resolution of Formation of the City Council of the City of Lake Elsinore, Determining the Validity of Prior Proceedings, Establishing Community Facilities District No. 2003-1 (Law Enforcement, Fire and Pazamedic Services), and Authorizing the Levy of a Special TaY within said District. Dated: ~~~~+ ~ a 2003 ~-' By: ~.~, City Clerk of the City of Lake Elsinore 45317890.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CIT'Y 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 12t~ day of August, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABS N: COUNCILMEMBERS: VICHI KAS~~~CITY CLERK/ > > HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFI' that the above and foregoing is a full, true and correct copy of Resolution No. 2003-38 of said Council, and that the same has not been amended or repealed. DATE: August 14, 2003 ~ ~!`-c~`r`.~ \ ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)