HomeMy WebLinkAboutCC Reso No 1990-119RESOLUTION NO. 90-119
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE AUTHORIZING THE
FILING OF A VALIDATION ACTION WITH RESPECT
TO THE VALIDITY OF THE ORDINANCE
AUTHORIZING THE LE~IY OF THE SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT N0.
88-3 (WEST LAKE ELSINORE), AND ALL
PROCEEDINGS LEADING UP TO THE ADOPTION OF
SUCH ORDINANCE
WHEREAS, the City Council (the "City Council") of
the City of Lake Elsinore (the "County") has heretofore on
December 26, 1989, duly adopted a Resolution establishing City
of Lake Elsinore Community Facilities District No. 88-3 (West
Lake Elsinore) (the "District") and approving the Rate and
Method of Apportionment of Special Tax to pay for certain
public facilities within such Community Facilities District
all 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; and
WHEREAS, the City Council of the County has
heretofore on December 26, 1989, duly adopted a Resolution
declaring the necessity to incur a bonded indebtedness in the
amount of $30,000,000 to pay for all or a portion of the
public Eacilities within the District; and
WHEREAS, on November 14, 1990 an election was held
within the District in which the qualified electors approved
by more than a two-thirds vote the consolidated proposition of
incurring bonded indebtedness, levying a special tax and
establishing an appropriations limit within the District; and
WHEREAS, an Ordinance (the "Ordinance") authorizing
the levy of a special tax within the District has been
introduced at a regular meeting of the City Council of the
County;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 resolves that
the firm of Orrick, Herrington & Sutcliffe, as bond counsel
with respect to the District, be authorized to file, pursuant
to Section 860 et seq. of the Code of Civil Procedure of the
State of California, a validation action with respect to the
validity of the Ordinance authorizing the levy of the special
tax within the District, and all proceedings leading up to
adoption of the Ordinance, in conjunction with the City
Attorney of the City of Lake Elsinore.
Section 3. This Resolution shall be effective upon
adoption.
PASSED, APPROVED and ADOPTED this 27th day of
November, 1990.
AYES:
NOES:
ABSENT:
ABSTEIVTIONS:
COUNCILMEMBERS
BUCK, DOMINf-UEZ, 41INKLER, WASf;BURN
NOP1E
T:
LYNNE
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
, CITY
APPROVED AS TO FORM AND LEGALITY:
~VV~`~ ~
JOHN R. HARPER, ITY ATTORNEY
~iao~~
2
STARKEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk o£ the Citg 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 27th day of November, 1990, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: STARKEY
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYNN KASAD, CITY
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. 90-119 of said Council, and that the
same has not been amended or repealed.
: November 28, 1990
~,
CITY~OF I,A. E ELSINORE
(SEAL)