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HomeMy WebLinkAboutCC Reso No 2003-57RESOLUTION NO. 2003-57 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. 48 stating its intention to annex certain property ("Annexation Area No. 3") 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 "AcY'); and WHEREAS, a copy of Resolution No. 48, incorporating a description and map of the proposed boundaries of Annexation Area No. 3 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 3, 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. 3 prior to the annexation of Annexation Area No. 3 into the District and do not supplant services already available within the tenitory proposed to be included in Annexation Area No. 3, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, the Council has heretofore adopted Resolution No. 49 stating its intention to annex certain property ("Annexation Area No. 4") into the District pursuant to the Act; and WHEREAS, a copy of Resolution No. 49, incorporating a description and map of the proposed boundaries of Annexation Area No. 4 and setting forth the rate and method of apportionment and manner of collection of the special tas to be levied within Annexation Area No. 4, 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. 4 prior to the annexation of Annexation Area No. 4 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 4, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on November 25, 2003, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 3 and Annexation Area No. 4 into the District; and WHEREAS, at said hearing all persons not exempt from the special ta~c desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 3 and Annexation Area No. 4 into the District were heard and a full and fair heazing 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 45367586.1 WHEREAS, this Council adopted its Resolution No. 2003-56 determining the validity of prior proceedings relating to such annexation; and WIIEREAS, the proposed special taac to be levied upon property within Annexation Area No. 3 and Annexation Area No. 4 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. 3 and Annexation Area No. 4, respectively; and WIIEREAS, this Council wishes to present to the qualified electars of Annexation Area No. 3 and Annexation Area No. 4 a proposition to levy special tases on property within each Annexation Area No. 3 and Annexation Area No. 4; 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. 3 a proposition (the "Annexation Area No. 3 Proposition") to levy special taxes on property within Annexation Area No. 3 in accordance with the rate and method specified in Resolution 2003-56 of the Council. The Annexation Area No. 3 Proposition is attached as Exhibit "A." Section 2. Pursuant to Govemment Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 4 a proposition (the "Annexation Area No. 4 Proposition") to lery special ta~ces on property within Annexation Area No. 4 in accordance with the rate and method specified in Resolution 2003-56 of the Council. The Annexation Area No. 4 Proposition is attached as E~ibit "B." Section 3. A special election is hereby called for Annexation Area No. 3 on the Annexation Area No. 3 Proposition set forth in Section 1 above. Section 4. A special election is hereby called for Annexation Area No. 4 on the Annexation Area No. 4 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. 3 on the proposition shall be on the 25th day of November, 2003. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than ll:00 o'clock p.m. on November 25, 2003. Section 7. The date of the special election for Annexation Area No. 4 on the proposition shall be on the 25th day of November, 2003. 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 November 25, 2003. 45367586.1 2 Section 8. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 3 or Annexation Area No. 4 at the time of the protest hearing and ninety (90) days priar thereto, and that there is only one landowner in each Annexation Area No. 3 and Annexation Area No. 4. 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. 3 and Annexation Area No. 4. Section 9. Each Annexation Area No. 3 and Annexation Area No. 4 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 PASSED, APPROVED AND ADOPTED this 25th day ofNovember~003. LAKE ELSINORE AT EST: ~' ~ City Clerk of the City of Lake Elsinore AS TO Zeid Le~,'bold, ~ty Attorney 453675861 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ) 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 adjourned regulaz meeting thereof held on the 25th day of November , 2003, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS: By: NONE BRINLEY N NE ~n. City Clerk of the City of Lal~e Elsinore 45367586.1 5 OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 3 SPECIAL TAX ELECTION November 25, 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 Annexation Area No. 3 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 Elsinare 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. 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 T~ Formula? YES NO 45367586.1 E~'HI$IT ",~" OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMiJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 4 SPECIAL TAX ELECTION November 25, 2003 To vote, mazk a cross (+) in the voting square after the word "YES" or after the ward "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such sole owner of land within Annexation Area No. 4 of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents _ vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No.2003-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special ta~ces thereof pursuant to the rate and method of apportionment of special taxes (the "Special TaY Formula") set forth in Resolution No. to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? YES NO 453675861 E '~1$IT "$" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolutioa duly adopted by t6e City Council of the City of Lake Eisinore at a Regular Meeting of said Council on the 25th day of November, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCffiFFNER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB~TAIN; COUNCILMEMBERS: U ~ I ~ _ .,~_e~,~~ `i~CHI ~ASA , CMC, CITY CLERK/ ~7.7MAN I~SOURCES DIRECTOR CITT' i-~' LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE BRINLEY NONE I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and wrrect copy of Resolution No. 2003-57 of said Council, and that the same has not been amended or repealed. D i E: December 3, 2003 t~ ~_,c-t_~1:.ti :/~~`%~.-r~i`t'/1 VIL'KI KASAD, CMC, CITY CLERK/ HJIV~AN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)