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HomeMy WebLinkAboutCC Reso No 1990-076RESOLUTION NO. 90-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3, AND SCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY- FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, EST'ABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS 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 Chaptez 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 c~n 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,OOOj to finance certain public infrastructure facilities, including streets, drainage, sewer and water impcovements, 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 6y the levy of a special tax within the Community Facilities District; and WHEREAS, pursuant to Resolution Nv. 89-69, a public hearing was held by the City Council on December 26, 1989, at which hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District were given an opportunity to appear and be hr±cd, and the testimony of all interested persons or p taxpayers for or against the establishment of the Community 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. 89-69, was heard and considered; and WHEREAS, gursuant to said Resolution No. 89-65, duzing the public hearing held by the City Council on December 26, 1989, any persons interested, including all taxpayers, pzoperty owners and registered voters within the Community Facilities District, also 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 ot a portion of the Facilities and to be secured by a special tax to be leviad within the Community Facilities District; 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 incucring a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, at the end of said public hearing the City Council also adopted a Resolution of the City de~laring the necessity to incur a bonded indebtedness to finance all or a portion of the Facilities for the Community Facilities District and cailed an election in the Community Facilities Dislrict for Wednesday, June 13, 1990, to submit to the qualified electors within the Community FaCilities bi5triCt the aforementioned combin~d ballot proposition of levying a special tax, of establishing an appropriations limit and oE 2 R incurring a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; and WHEREAS, on June 12, 1990, the City Council duly adopted Resolution No. 90-57 postponing the election to July 31, 1990; and WHEREAS, on July 24, 1990, the City Council duly adopted Resolution No. 90-71 postponing the election to August 15, 1990; and WHEREAS, Resolution No. 89-76 establishing the Community Facilities District referred to the Map of the Community Facilities recorded in Book 28, pages 57-63 in the Book of Maps of Assessment Districts and Community Facilities Districts in the County Recorder's Office of the County of Riverside as the boundary map of the Community Facilities District; and WHEREAS, the boundaries of the Community Facilities District must now be modified to include less territory than that described in said map and only such land as is within the jurisdiction of the City, and such modification must occur prior to the election to be held within the Community Facilities District; and WHEREAS, an amended map has been pcepared and filed with the City Clerk showing the true boundaries of the Community Facilities District; and WHERLAS, the City Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above 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 August 15, 1990 in the Community Facilities District be postponed. 3 2528c5 ¢ Section 3. The election shall be and is hereby called and ordeced to be held in the Community Facilities District on Wednesday, September 12, 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 incucring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit 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 9. 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 othsr public agency or the Community Facilities District. Section 5. The City Council does hereby submit to the qualified electors within the Community Facilities 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 thereoE made, and the results thereof ascertained and determined, as herein provided; and in all particulacs not pceseribed by thi5 resolution said sp~cial election shall be held and ~onducted and the votes received and canvassed in the manner provided by the laws regulating elections of the City and consistent with the Ac'• 9 Z` IF ' ~ (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the special election shall be distiibuted 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 b~ pzinted 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 Iimit and iticurring 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 cerd in the space opposite the word "NO." (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 thereoE shall determine the results of the special election and shall certify said results to the City Council. (g) The City Council shail declare the results of said special election at the next regular meeting following receipt of the certificate from the City Cleck, and shall ;528c5 y~ 5 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 Council hereby app=oves and catifies said Resolution No. 89-76 establishing the Community Facilities District, except for the reference in Section 10 thereof to Book 28, pages 57-63 in the Book of Maps of Assessment Districts and Community Facilities Distcicts in the County Recordec's Office of the County of Riverside as the boundary map of the District, and all other references in Resolution No. 89-76 to the boundary map of the Community Facilities District are hereby deemed to refer to the amended map of the Community Facilities District. Section 7. Pursuant to Section 53325.5 of the Act and Section 3113 of the Streets and Highways Code (the "Code"), the City Clerk is hereby authorized and directed to endorse the Certificate on the amended map evidencing the date and adoption of this resolution and is further authorized and directed to file said map in accordance with the provisions of Section 31I3 of the Code within 10 days after the approval of the amended map which shall be within 10 days of the adoption hereof. Section 8. The election within the Community Facilities District, as modified, on the combined ballot pzoposition of levying a special tax, establishing an appropriations limit and incurring a bonded indebtedness called for September 12, 1990, shall be conducted as scheduled. Section 9. The City Clerk is hereby directed upon the passage and adoption of this resolution L-o publish a copy of the same once in the Sun Tcibune, a newspaper of general circulation in the area of the Community Facilities District, in accocdance with Section 53352 of the Act. This publication shall constitute notice of said special election at which the combined proposition of levying a special tax, 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 electi~n need be g}ven. PASSED, APPROVED and ADOPTED this 14th day of August, I990. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ASSTENTIONS: COUNCILMEMBERS: ST: -- ~ _ VICKS I.XNN.c.I~SAD, City Cl~rk APPROVED AS TO FORM AND LEGALITY: ` ~ JOH PER CITY ATTORNEY BUCK, DOMINGUEZ, STARKEY, tdINKLER, IdASHBURN NONE NONE .,...I ~ 7 ";19c5 ~ 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 stLeets, 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 maaimum 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 taa, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 2528c5 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 14th day of August, 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 / VICKI N KASAD, CIT CLERK CITY OF L1~E ELSINO (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vioki 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. 90-76 of said Council, and that the same has not been amended or repealed. D~TED: August 15, 1990, ~'SCKI-LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) S