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HomeMy WebLinkAboutCC Reso No 1990-120RESOLUTION NO. 90-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE RESULT OE THE SPECIAL ELECTION HELD IN CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) ON NOVEMBER 14, 1990 WHEREAS, the City Clerk of the City of Lake Elsinore, as the designated election official (the "Election Official"), has duly canvassed the votes cast in the City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) (the "District") at the special election held in the District on November 14, 1990, by the landowners of the District upon the proposition hereinafter set forth, and has certified to the City Council of the City of Lake Elsinore (the "City Council") the result of the votes cast at such election upon said proposition, which said Certification of the Election Official (the "Certification") is attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. At the special election held on November 14, 1990 in the District the following proposition was submitted to the qualified electors, being the landowners in the District, as follows: PROPOSITION (A): 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 pcotection 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 Exhib~t 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 Eacilities, 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 collectinq the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? Section 2. The canvass of the votes cast in the District, including the total number of votes cast for and against such proposition at the special election held in the District on November 14, 1990 as shown by the Certification, is hereby approved and confirmed. Section 3. Based on the Certification, the City Council finds and determines that more than two-thirds (2/3) of all the votes cast at such special election were cast in favor of such proposition, and such proposition passed. Section 4. The City Council further finds and determines that the facilities to be financed by the District are necessary to meet increased demand placed upon the City and other local agencies as the result of development or rehabilitation occurring in the District. Section 5. The City Clerk is hereby directed to enter this resolution on the minutes of the City Council, which shall constitute the official declaration of the result of such special election. Section 6. The City Clerk is further directed to file for recordation in the office of the County Recorder of the County of Riverside the NOTICE OF SPECIAL TAX LIEN prepared by Bond Counsel to the City for the District within 15 days of the determination of the City Council that the requisite two-thirds of votes cast in the election held in the District are in favor of levying the special tax, as provided in Section 53328.3 of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code. Section 7. This Resolution shall be effective upon adoption z,u PASSED, APPROVED and ADOPTED this 27th day of November, 1990. AYES: NOES: ABSENT: ABSTENTIONS: ~,oo-,c COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TY CLERK 3 BUCK, DOMINGUEZ, WINKLER, WASHBURN NONE STARKEY APPROVED AS TO FORM AND LEGALITY: Exhibit A CERTIFICATE OF CITY CLERK State of California ) ) ss. County of Riverside ) I, VICKI LYNNE KASAD, City Clerk of the City of Lake Elsinore, acting as designated election official, do hereby certify that, pursuant to a Resolution adopted by the City Council of the City of Lake Elsinore on October 9, 1990, I did conduct a Special Election for Community Facilities District No. 88-3 (West Lake Elsinore) for the Special Bond and Special Tax Election on November 14, 1990 and that said election was conducted by mailed ballot to the landowners of said Community Facilities District. I further certify that the following shows the full text of the measure submitted to the voters at said election held on November 19, 1990, and the full and true totals of all votes cast for and against said measure. PROPOSITION (A): 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 collectinq the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? YES NO Dated: November ~, 1990 TOTAL VOTES CAST 1101 O ~' ~'~.~lL~ Vicki Lyn Kasad, City Clerk Acting As Election Official v-t 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 27th day of November, 1990, and that it was so adopted by the following vote: AYES: NOES: ABSENT: A~STAIN: ~~ ~ VICKI LYNN KAS CITY OF LA EL (SEAL) COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: A , CITY LERK SINORE BUCK, DOMINGUEZ, WINKLER, WASHBURN NONE STARKEY NONE 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. 90-120 of said Council, and that the same has not been amended or repealed. ~ATED: November 28, 1990 ~ ICKI- YNNE SAD, CITY CLERK CITY OF LAK LSINORE ( SEAL)