HomeMy WebLinkAboutCC Reso No 2010-008RESOLUTION NO. 2010-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2009-1 (PARKS, OPEN SPACE AND
STREET LIGHTING MAINTENANCE) CALLING A
SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. CC-2010-01 stating its
intention to establish City of Lake Elsinore Community Facilities District No. 2009-1
(Parks, Open Space and Street Lighting Maintenance) (the "District") pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, (the "Act'); and
WHEREAS, a copy of Resolution No. CC-2010-01, incorporating a
description and map of the proposed boundaries of the District and setting forth the rate
and method of apportionment and manner of collection of the special tax to be levied
within the District, which will be used to finance a portion of the cost of providing law
enforcement, fire and paramedic services that are in addition to those provided in the
territory within the District prior to the establishment of the District and do not supplant
services the District, is on file with the City Clerk and incorporated herein by reference;
and
WHEREAS, on February 23, 2010, this Council held a noticed hearing as
required by law relative to the proposed establishment of the District; and
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to the District were heard and a full and
fair hearing was held; and
WHEREAS, at said hearing evidence was presented to this Council on
said matters before it, and this Council at the conclusion of said hearing was and is fully
advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 2010-007 determining
the validity of prior proceedings relating to such annexation; and
WHEREAS, the proposed special tax to be levied upon property within the
District to finance the above referenced public services has not been precluded by
protest of the owners of one-half (1/2) or more of the area of land within the District, and
WHEREAS, this Council wishes to present to the qualified electors of the
District a proposition to levy special taxes on property within the District.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, acting as the legislative body of City of Lake Elsinore Community Facilities
Resolution No. 2010-008
Page 2 of 6
District No. 2009-1 (Parks, Open Space and Street Lighting Maintenance),
does hereby resolve as follows:
SECTION 1. Pursuant to Government Code Section 53353.5, the Council
hereby submits to the qualified electors of the District a proposition (the "the District
Proposition") to levy special taxes on property within the District in accordance with the
rate and method specified in Resolution No. CC-2010-01 of the Council. The District
Proposition is attached as Exhibit "A."
SECTION 2. A special election is hereby called for the District on the
District Proposition set forth in Section 1 above.
SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate
landowner immediately upon the adoption of this resolution.
SECTION 4. The date of the special election for the District on the
proposition shall be on the 23`d day of February, 2010. The voter ballot shall be
returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no
later than 5:00 p.m. on February 23, 2010.
SECTION 5. The Council finds and determines that there were no
registered voters residing within the territory of the District at the time of the protest
hearing and ninety (90) days prior thereto, and that there are only two landowners in the
District. The requirements of Section 53326 of the Government Code having been
waived by the respective landowners, the ballot for the special election shall be
personally delivered to the respective landowners within the District.
SECTION 6. The District shall constitute a single election precinct for the
purpose of holding said election.
SECTION 7. The Council hereby directs that the election be conducted by
the City Clerk of the City of Lake Elsinore, as the elections official.
SECTION 8. This resolution shall take effect from and after the date of its
passage and adoption.
Resolution No. 2010-008
Page 3 of 6
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 23`d day of February, 2010.
MELISSA A. MELENDEZ~
MAYOR
ATTESJ,~
1///
L
CAROL COWLEY
ACTING CITY CLERK
Resolution No. 2010-008
Page 4 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, CAROL COWLEY, Acting City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2010-008 was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 23`d day of February, 2010,
and that the same was adopted by the following vote:
AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, MAYOR PRO TEM
BHUTTA, MAYOR MELENDEZ
NOES: NONE
ABSENT: COUNCIL MEMBER BUCKLEY
ABSTAIN: NONE
CAROL i WL
INTERIM CITY CLERK
Resolution No. 2010-008
Page 6 of 6
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2009-1
(PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)
SPECIAL TAX ELECTION
FEBRUARY 23, 2010
To vote, mark a cross in the voting square after the word "YES" or after
the word "NO." All marks otherwise made are forbidden.
This ballot is provided to Pardee Homes, as owner or authorized
representative of such owner of land within City of Lake Elsinore Community
Facilities District No. 2009-1 (Parks, Open Space and Street Lighting
Maintenance) and represents 97.37% of the vote.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California
92530.
PROPOSITION Shall City of Lake Elsinore Community
Facilities District No. 2009-1 (Parks, Open Space and
Street Lighting Maintenance) be authorized to levy
special taxes thereof pursuant to the rate and method of
apportionment of special taxes (the "Special Tax
Formula") set forth in Resolution No. CC-2010-01 to
finance the authorized services and administrative
expenses and to fund and replenish a reserve fund, if any,
all as provided for in the Special Tax Formula?
YES
NO
EXHIBIT "A"
Resolution No. 2010-008
Page 6 of 6
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2009-1
(PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)
SPECIAL TAX ELECTION
FEBRUARY 23, 2010
To vote, mark a cross in the voting square after the word "YES" or after
the word "NO." All marks otherwise made are forbidden.
This ballot is provided to Richmond American Homes, as owner or
authorized representative of such owner of land within City of Lake Elsinore
Community Facilities District No. 2009-1 (Parks, Open Space and Street Lighting
Maintenance) and represents 2.63% of the vote.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California
92530.
PROPOSITION Shall City of Lake Elsinore Community
Facilities District No. 2009-1 (Parks, Open Space and
Street Lighting Maintenance) be authorized to levy
special taxes thereof pursuant to the rate and method of
apportionment of special taxes (the "Special Tax
Formula") set forth in Resolution No. CC-2010-01 to
finance the authorized services and administrative
expenses and to fund and replenish a reserve fund, if any,
all as provided for in the Special Tax Formula?
YES
NO