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Home My WebLink AboutCC Reso No 1991-89RESOLUTION NO. 91-89 A RESOLUTION CALLING SPECIAL ELECTION City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) RESOLVED, by the City Council of the City of Lake Elsinore (the "City") that: WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) (the "District"), authorizing the levy of a special tax on property within the Dist;rict and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this City Council also adopted a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $4,000,000 upon the security of said special tax to be levied within the District; and WHERE[~,5, pursuant to the provisions 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 the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"). NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. Pursuant to Sections 53326, 53353.b and 63325.7 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 pubiic hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the A t. this City Council £inds that for purposes of these proceedings the qualified electors are t~e 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 election to consider the measures described in paragraph 2 above, which election shall be held in the meeting room of this City Council 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 DistricL, and a sufficient description to allow the City Clerk to determine the boundaries of Che District. The voted ballots shall be returned to the City Clerk immediately following the adoption of this Ii,esolution; and when ali of the qualified voters have voted the election 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 1340 0£ the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 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 return 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 declaration, under penalty of perjury, stating that the voi.er 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 described in clause (b) above, and (e) a notice that the envelope contains an official ballot an<i is to be opened only by the canvassing board. Analysis anci arguments with respect to the ballot measures are hereby waived, as provided in Section ~33327 of the Act. 7. The t;ity C;lerk shall accept the ballots of the qualified electors in the meeting room of this Ci!,y Council upon and prior to the adoption of this Resolution, whether said ballots be persc~na?1,-•; delivered or received by mail. The City Clerk shall have available at said location ballo~s which may be marked on the election day by said qualified electors. €3. This i,it,y L;ouncil hereby further finds that the provision of Section 53326 of the Act requiring s rzzinimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the i)ist:•ict. The voted ballot of the landowner within the District contains a waiver of the time iimit pertaining to the conduct of the election. Accordingly, this City Council finds and ~tetermines that said qualified elector has been £ully apprised of and have agreed to the shortened time for the election and have 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 Cit..v Clerk is hereby directed to publish in a newspaper of general circulation circulating within the area of the District a copy of this Resolution and a copy of the Rcsolution to Incur IndeUtedness, as soon as practicable after the date of adoption of this Rc•solutio~~. PE1 iSED, APPROVED APID ADOPTED following vote AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEP16ERS: ABSTAIN: COUNCILMEMBERS: this 12th day of November, 1991, by the ` BUCK, DOP1INGUEZ, STARKEY, WINKLER, IdASHBURN NOPlE NONE NONE ~ CITY~y LAKEVELSINORE ATTEST: , N~~~ CKI K~~~AG, CITY CLERK APPROl~ED AS TO ~ORM & LEGALITY: EXFIIBIT A CITY OF LAKE ELSINORE Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) OFFICIAL BALiAT SPECIAL TAX ELECTION This ba11nC is for a special, landowner election. You must return this ballot in the enclosed postagc~ ~iaid envelope to the off`ice of the City Clerk of the City of Lake Elsinore no later than immediately after adoption of the resolution of the City Council calling said election on Novefnber 12, 1991, 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) on the voting line after the word "YES" or after the word "NO". All marlcs atherwise made are forbidden. All distinguishing marks are forbidden and make the bailot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Els~nore and obtain another. BALLOT MEASUJ.~ ~'.: Shall the City of Lake Elsinore incur an indebtedness and issue bonds in one or more series in the maximum ag,;regate principal amount of $4,000,000, with interest at a r~ite or rates not to exceed the maximum interest rate pertiiitted by law at the time of sale of such bonds on behal£ oC the City of Lake Elsinore Community Facilities District No.91-4 (Scenic Ridge Public Tmprovements) (tt~e "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 upo~a 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,OOQGi>0? Yes: _ 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: 80 Property Owners: Burning Tree Corporation By: President A-1 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 November, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI-LYNN 'KASAD, CITY CLERK CITY OF LA E 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. 91-89 of said Council, and that the same has not been amended or repealed. DA ED: November 13, 1991 ~ ~ VICKI LYNi~1~i KASAD, C~ CLERK CITY OF LAK' ELSINORE (SEAL)