HomeMy WebLinkAboutCC Reso No 1995-71ItESOLUTION NO. 95-71
A AESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALLING
SPECIAL ELECI'ION
City of Lake Elsinore
Community Facilities District No. 95-1
(Lake Elsinore City Center Public Improvements)
WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution
of the City Council of the City of Lake Elsinore of Formation of City of Lake Elsinore
Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements),
Authorizing the Levy of a Special Tax Within the District and Preliminazily Establishing an
Appropriations Limit for the District" (the "Resolution of Formation'), ordering the formation of
City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public
Improvements) (the "District"), authorizing the levy of a special tax on property within the
District and preliminarily establishing an appropriations limit for the District;
WHEREAS, on this date, this City Council also adopted a resolution entitled "A
Resolution of the City Council of the City of Lake Elsinore Determining the Necessity to Incur
Bonded Indebtedness Within City of Lake Elsinore Community Facilities District No. 95-1
(Lake Elsinore City Center Public Improvements)" (the "Resolution to Incur Indebtedness"),
determining khe necessity to incur bonded indebtedness in the maxunum aggregate principal
amount of $3,000,000 upon the security of said special tax to be levied within the District; and
WHEREAS, pursuant to the provi'sions of said resolutions, the propositions of the levy
of said special tax, the establishment of the appropriations limit and the incurring of the
bonded indebtedness shall be submitted to the qualified electors of the District as required by
Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California
Government Code (the "Act").
NOW THEREFORE, BE IT RESOLVED as follows:
1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of
said special tax, the incurring of bonded indebtedness and the establishment of said
appropriations limit shall be submitted to the qualified electors of the District at an election
called therefor as provided below.
2. As authorized by Section 53353.5 of the Act, the three propositions described in
paragraph 1 above shall be combined into a single ballot measure, the form of which is attached
hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby
approved.
3. This City Council hereby finds that fewer than 12 persons have been registered to
vote within the territory of the District for each of the ninety (90) days preceding the close of
the public hearings heretofore conducted and concluded by this City Council for the purposes of
these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council
finds that for purposes of these proceedings the qualified electors are the landowners within the
District and that the vote shall be by said landowners or their authorized representatives, each
having one vote for each acre or portion thereof such landowner owns in the District as of the
close of said public hearings.
4. This City Council hereby calls a special elecHon to consider the measures described in
paragraph 2 above, which election shall be held in the City Council Chambers immediately
following adoption of this Resolution. The City Clerk is hereby designated as the official to
conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution
of Formation, a certified map of the proposed boundaries of the District, and a sufficient
description to allow the City Clerk to determine the boundaries of the District.
The voted ballots shall be returned to the City Clerk unmediately following the adopHon
of this Resolution; and when all of the qualified voters have voted the eleetion shall be closed.
5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or
hand-delivered ballot pursuant to Section 4000 of the California Elections Code. This City
Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are
applicable to this special election.
6. This City Council acknowledges that the City Clerk has caused to be delivered to
each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto.
Each ballot indicates the number of votes to be voted by the respective landowner to which it
pertains.
Each ballot was accompanied by all supplies and written instructions necessary for the
use and rehxrn of the ballot. The envelope to be used to return the ballot was enclosed with the
ballot, had the return postage prepaid, and contained the following: (a) the name and address
of the landowner, (b) a deciaration, under penalty of perjury, stating that the voter is the owner
of record or authorized representative of the landowner entitled to vote and is the person
whose name appears on the envelope, (c) the printed name, signature and address of the voter,
(d) the date of signing and place of execution of the declaration pursuant to clause (b) above,
and (e) a notice that the envelope contains an official ballot and is to be opened only by the
canvassing board.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
7. The City Clerk shall accept the ballots of the qualified, electors in the City Council
Chambers upon and prior to the adoption of this Resolution, whether said ballots be personally
delivered or received by mail. The City Clerk shall have available ballots which may be marked
at said location on the election day by said qualified electors.
8. This City Council hereby further finds that the provision of Section 53326 of the Act
requiring a minimum of 90 days following the adoption of the ResoluHon of Formation to elapse
before said special election is for the protection of the qualified elector of the District. There is
on file with the City Clerk a written petition executed by the qualified elector of the District
requesting a shortening of the tune for said special elecHon to expedite the process of forxnation
of the District and waiving any requirement for analysis and arguments in connection with the
election. Accordingly, this City Council finds and determines that said qualified elector has
been fully apprised of and has agreed to the shortened time for the election and waiver of
analysis and arguments, and has thereby been fully protected in these proceedings. This City
Council also finds and determines that the City Clerk has concurred in the shortened time for
the election.
9. The City Clerk is hereby directed to publish in a newspaper of general circulation
circulating within khe District a copy of this resolution and a copy of the Resolution to Incur
Indebtedness, as soon as practicable after the date of adoption of this Resolution.
10. This Resolution shall take effect upon its adoption.
. ~ ~ . * ~
PASSED AND ADOP"I'ED this 14th day of November,1995, by the following vote:
AYSS: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AL~,NGI, BENDER
Nashburn, Mayor
of Lake Elsinore
(SEA
~" - Vicki Kasad, City Clerk
City of Lake fiisinore
APPROVED AS TO LEGAL FORM:
JOHN R. HARPER, C~JiTY ATTORNEY
DQ-iIBIT A
CITY OF LAKE ELSINORE
COMMUNTTY FACILTTIES DISTRICI' NO. 95-1
(LAKE ELSINOAE CITY CENTER PUBLIC IMPROVLEMENTS)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
(Nove~ber 14,1995D
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Lake Elsinore no
later than immediately after adoption of ttie resolution of the City Council calling said eleckion,
either by mail or in person. The City Clerk's office is located at 130 South Main Street, Lake
Slsinore, California 92530.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO".
All marks otherwise made are forbidden. All distinguishing marks aze forbidden and make the
ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore and obtain another.
BALLOT MEASURE: Shall the City of Lake
Elsinore incur an indebtedness and issue bonds in the
maximum aggregate principal amount of $3,000,000,
with interest at a rate or rates not to exceed the
maximum interest rate permitted by law at the time of
sale of such bonds on behalf of City of Lake Elsinore
Community Facilities District No. 95-1 (L.ake Elsinore
City Center Public Improvements) (the "District"), the
proceeds of which will be used to finance certain
public improvements; shall a special tax payable
solely from lands within the District be levied
annually upon lands within the District to pay for the
principal and interest upon such bonds and the costs
of the City in administering the District, and shall the
annual appropriations limit of the District be
established in the amount of $1,000,000?
Xes:
No:
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and arguments
with respect to the ballot measure, as such waivers are described and permitted by Section
53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
A-]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) S5:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, 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 14th day of November,
1995, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALONGI, BENDER
:ILMEMBERS: NONE
CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CAI~TrORNIA )
COUNTX OF ItIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. 95-71 of said
Council, and that the same has not been amended or repealed.
DATED: November 22, 1995
IC'~~:~C KA~AD, CIT~ C ERK
CITY ON LAKE ELSTNORE
(SEAL)