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Home My WebLink AboutCC Reso No 1992-30RESOLUTION NO. 92-30 A RESOLUTION OF THE CITY OF LAKE ELSINORE OF ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.91-2 (SUMMERHH,L PUBLIC IlVII'ROVEMENTS), AND SUBMITTING ALTERATION TO QUALIFIED ELF.CI'ORS RESOLVED, by the City Council (the "City Council") of the City of Lake Elsinore (the "City") that: WHEREAS, this City Council, on March 24, 1992, adopted Resolution No. 92-18 (the "Resolution of Consideration") stating its intention to alter the Rate and Method of Apportionment of the Special Taxes (the "Rate and Method") for the City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); WHEREAS, a copy of the Resolution of Consideration, which makes reference to a map of the boundaries of the District and contains a description of the proposed alteration of the Rate and Method, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Consideration relative to the proposed alteration of the Rate and Method; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the alteration of the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed alteration of the Rate and Method by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the District, or (ii) the owners of one-half or more of the area of land iri the territory included in the District and not exempt from the levy of special taxes pursuant to the Rate and Method. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. All prior proceedings taken by this City Council with respect to the District and the proposed alteration of the Rate and Method for the District as described in the Resolution of Consideration have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. 2. The alteration of the Rate and Method for the District as described in the Resolution of Consideration is hereby finally approved and the Rate and Method as set forth in Exhibit A to the Resolution of Consideration shall be the Rate and Method for the District, subject to voter approval of the Rate and Method as hereinafter provided. 3. Pursuant to the provisions of the Act, the proposition of the alteration of the Rate and Method as described herein shall be submitted to the qualified electors of the District, at an election called therefor as hereinafter provided. 4. 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 90 days preceding the close of the hearing heretofore conducted and concluded by this City Council for the purposes of these alteration 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, each having one vote for each acre or portion thereof such landowner owns in the District. 5. Pursuant to Section 53327 of the Act, the election shall kae conducted by mail ox hand delivered ballot under Section 1340 of the California Elections Code. This City Council hereby determines that paragraphs (a), (b), (c)(1), and (c)(3) of said Section 1340 are applicable to this election. 6. The City Council hereby calls a special election to consider the measure described in the ballot referred to in paragraph 7 below, which election shall be held in the City of Lake Elsinore Council Chambers immediately following adoption of this Resolution. 7. The City Clerk is hereby appointed as the election official to conduct the election and has caused to be provided to each landowner in the District a ballot in the form of Exhibit "A" hereto, which form is hereby approved. 8. The City Clerk shall accept the ballots of the qualified electors received prior to or immediately following the adoption of this Resolution, whether received by mail or by personal delivery. 9. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the time for the election hei•einabove specified is established accordingly. ## *g:K$ ### ~W:k PASSED AND ADOPTED this 12th day of May, 1992, by the following vote: AYES: COUNCILMEMBERS: ALON~I, CHERVENY, DOMIN~UEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NO ary M. Washl Citv of Lake (SEAL) Attes By: Viciu Kasad, City C erk City of Lake Elsinore ' assao Approved as to Form;& Legality: JOHN R. HAP C T1 ORNEY Mayor EXIIIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.91-2 (SUMMERHILL PUBLIC IIVIPROVEIVIENTS) OFFICIAI. BALLOT SPECIAL TAX ALTERATION ELECTION (May 12,1992) 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 the resolution of the City Council of the City calling said election, either by mail or in person. The City Clerk's office is located at 130 South Main Street, Lake Elsinore, California 92330. To vote, mark a cross (X) in the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the City of Lake Elsinore and obtain another. BALLOT MEASURE: Shall the Rate and Method of Apportionment of the Special Taxes Yes for the City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) be altered as described in No Exhibit A to Resolution No. 92-18 adopted by the City on March 24, 1992, as contemplated by Section 4 of said Resolution? By execution in the space provided below, you also confirm your waiver of notice of or 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 describ"ed and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owners: Friedman Homes, Inc. President STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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 12th day of May, 1992, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, CHERVENY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ICKI LYNNE ASAD~ERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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. 92-30 of said Council, and that the same has not been amended or repealed. DA ED: May 13, 1992 ~~ V C LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)