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Home My WebLink AboutCC Reso No 1998-16RESOLUTION NO. 9£3-16 RE30LVTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHAI+F OF COMMUNITY FACILITIE3 DISTRICT N0. 98-1 CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 98-7 stating its intention to form Community Facilities District No. 98-1 of the City of Lake Elsinore (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 98-7, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to pay principal and interest on bonds proposed to be authorized within the District, the proceeds of which will be applied to pay, prepay, restructure or defease the City of Lake Elsinore, Community Facilities District No. 91-2 (Summerhill Public Improvements) 1991 Special Tax Bonds and unpaid interest thereon (the "1991 Bonds"), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on June 23, 1998, this Council held a noticed hearing as required by law relative to the propoaed 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 preaented 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. 9g-Z determining the validity of prior proceedings, establishing the District, authorizing the levy of a special tax within the boundaries of the District and establishing an appropriations limit; and WHEREAS, this Council adopted its Resolution No. 98-8 determining the necesaity of incurring bonded indebtednesa; and WHEREAS, the proposed special tax to be levied upon property within the District to pay principal and interest on the bonds proposed to be issued within the District has not been precluded by protest of the owners of one-half (1/2) ar more of the area of land within the District; and OK09720/962858/266797-03_ t WHEREAS, electors of special taxe indebtedness; District; and this Council wishes to present to the qualified the District a combined proposition to: (1) levy s on property within the District; (2) incur bonded and (3) establish an appropriations limit for the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-1, 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 the District a combined proposition (the "Proposition") to: (1) levy special taxes on property within the District in accordance with the rate and method specified in Resolution q`6-8~ of the Council; (2) incur bonded indebtedness in the maximum principal aggregate amount of $20,000,000; and (3) establish an appropriations limit as defined by subdivision (h) of Section S of Article XIIIB of the California Constitution, for the District. Said appropriations limit shall equal the amount of all proceeds of the special tax collected annually and as defined by said Article XIIIB, as adjusted for changes in the cost of living and changes in population. The Proposition ia attached as Exhibit "A". Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 hereinabove. Section 3. The City Clerk shall mail the ballot to the landowner by mail with return postage prepaid or by personal service no later than July 3, 1998. Section 4. The time for notice having been waived by all of the qualified electors, the date of the special election for the District on the combined proposition shall be on the 14th day of July, 1998. The voter ballot shall be returned to the City clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 5:00 o'clock p.m. on July 14, 1998. 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. Notice of said election and written argument for or against the measure have been waived.by the landowner. Section 7. The District shall constitute a single election precinct for the purpose of holding said election. DK09720/962858/266791.03_ / / Section 8. 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 ADOPT VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ED THIS 23RD DAY OF JUNE, 1998, UPON THE FOLLOWING ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE NONE NONE DK09720/962858/266791.03_ 3 ~ :, 0 PASSED~ APPROVED AND ADOPTED thi5 9~ day of ,~i~nP ~ 1998. CITY By Titl A E~~^`T~ ~~-'`^<""""~ ^_ity Clerlc of the City of Lake Elsinore APPROVED AS TO FORM & LEGALITY: ~'L ~ BARA LEIBOLD, CITY ATTORNEY DK09720/962858/#266797.2 4 OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 98-1 OF TIi~ CITY OF LAKE ELSINORE SPECIAL BOND, TAX AND APPROPRIATIONS LIMIT ELECTION July 14, 1998 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 Abbacy Holding Corporation, as sole owner or authorized representative of such sole owner of land within Community Facilities District No. 98-1 and represents one 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 A: Shall Community Facilities District No. 98-1 of the City of Lake Elsinore incur an indebtedness and be authorized to issue bonds in the maximum aggregate principal amount of $20,000,000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable statutory rate for such bonds, the proceeds of which will be used to pay, prepay, restructure -or defease the City of Lake Elsinore, Community Facilities District No. 91-2 (Summerhill Public Improvements) 1991 Special Tax Bonds and unpaid interest thereon, as provided in Resolution No. of the City Council of the City of Lake Elainore; and shall a Special Tax be levied to pay the principal of and interest on such indebtednesa and bonds; and shall an appropriations limit be established for Community Facilities District No. 98-1 pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the amount of all proceeda of the special tax collected annually, as adjusted for changes in the cost of living and changea population? YES NO DK09720/962858/266791.03_ EXHIBIT °A~~ 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 Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 23rd day of June, 1998, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~ VICHI KA A , CLERK C~TY QF i.AKE ELSINORE (SE~I.) 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. 98-16 of said Council, and that the same has not been amended or repealed. DATE: June 29,1998 LERK LTTY OF LAI;,E ELSINORE (5E_FLL1