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Home My WebLink AboutCC Reso No 1990-057-- RESOLUTION NO. ~_57 A RESOLUTION OF THE CITY COUNCIL OE THE CITY OF LAKE ELSINORE POSTPONING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSZTION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDESTEDNESS WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district and to levy a special tax to pay for certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, the City Council has heretofore on November 14, 1989, duly adopted Resolution No. 89-65 declaring its intention to incur a bonded indebtedness in the amount of thirty million dollars ($30,000,000) to finance certain public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities") within the Community Facilities District, such bonded indebtedness to be secured by the levy of a special tax within the Community Facilities District; and WHEREAS, pursuant to Resolution No. 89-64, a pubiic hearing was held by the City Council on December 26, 1989, at which hearinq all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District were given an opportunity to appear and be heard, and the testimony oE all interested persons or __ _ . _ ~_ . _ _ I ; taapayers for oY against the establishment of the Community I' Facilities District and the levy of the special tax therein, or the extent of the Community Facilities District, or the furnishing of the Facilities, or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City establishing the Community Facilities District and calling an election in the Community Facilities District for Wednesday, June 13, 1990, to submit to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, pursuant to said Resolution No. 89-65, a public hearing was held by the City Council on December 26, 1989, at which hearing any persons interested, including all taapayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 89-65, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City declaring the necessity to incur a bonded indebtedness to £inance all or a portion of the Facilities for the Community Facilities District and calling an election in the Community Facilities District Eor Wednesday, June 13, 1990, to submit to the qualified electors within the Community Facilities District the combined ballot proposition oE levying a special tax, of establishing an appropriations limit and of incurrinq a bonded 2 2280c5 indebtedness, s~ch combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the ahove recitals are true and correct. Section 2. The City Council hereby declares and deems that the public convenience and necessity require that the election scheduled for June 13, 1990 in the Community Facilities District be postponed. Section 3. The election shall be and is hereby called and ordered to be held in the Community Facilities District on '~uesaay , July 31., 1990, at which election there shall be submitted to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Eahibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section 4. If the combined proposition for the levying of such special tax, the establishing of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District. Section 5. The City Council does hereby submit to the qualified electors within the Community Facilities 3 2280c5 District at said-special election the combined ballot proposition described in Section 3 of this resolution, and designates and refers to said proposition in the form of ballot hereinafter prescribed for use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by the laws regulating elections of the City and consistent with the Act. (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. (c) All qualified electors qualified to vote at elections in the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon, shall appear the measure described in Section 3 hereof. Each voter to vote for said measure and for levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "YES" or to vote against said measure and against levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "N0." 4 2280c5 ~~ (e) The-ballots to be used at said special election must be received in the office of the City Clerk by_5:00 - ~ o'clock p.m. the date of the election; if all qualified electors have voted by such time, the election shall be closed. (f) The City Clerk shall commence the canvass of the returns of the special election at 9:00 A.M. on the day following the date of the special election and at the conclusion thereof shall determine the results of the special election and shall certify said results to the City Council. (g) The City Council shall declare the results of said special election at the neat regular meetinq followinq receipt of the certificate from the City Clerk, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass. Section 6. The City Clerk is hereby directed upon the passage and adoption of this resolution to publish a copy of the same once in the Sun Tribune, a newspaper of general circulation in the area of the Community Facilities District, in accordance with Section 53352 of the Act. This publication shall constitute notice of said special election at which the combined proposition of levying a special taa, establishing an appropriations limit and incurring a bonded indebtedness is submitted to the qualified electors within the Community Facilities District, and no other notice of said special election need be given. 5 228Oc5 PASSED,_APPROVED and ADOPTED this 19t.h day of June, 1990. AYES: NOES: ABSENT: ABSTENTIONS COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE -.GARY~I. WASNBURN, MAYOR II APPROVED AS TO EORM AND LEGALITY: JOHN R 2280c5 CI~Y ATTORNEY 6 -- EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, be levied to pay for such public facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tag, and includinq the repayment of Eunds advanced to or on behalf of the Community Facilities District? 2280c5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City o£ 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 June, 1990, 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 ~' .~, /~~r_\l! l VICKI LYNN KASAD, CITY~LERK CITY OF LA 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. 90-57 of said Council, and that the same has not been amended or repealed. D: June 13, 1990 VICKI LYNN~'°KASAD, CITY CLERK CITY OF L,~fC~E ELSINORE (SEAL)