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HomeMy WebLinkAboutCC Reso No 2011-005 City Council ResoRESOLUTION NO. 005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DISSOLVING IMPROVEMENT AREAS WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY); DESIGNATING NEW IMPROVEMENT AREAS WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has previously established City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the Council has received a petition requesting the institution of proceedings to (i) dissolve Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3 of the CFD, (ii) designate new improvement areas within the CFD for the purpose of financing various public improvements, (iii) authorize the levy of special taxes within each of the new improvement areas of the CFD, (iv) authorizing the issuance of bonds for each of the new improvement areas of the CFD, and (v) establish an appropriations limit for each of the new improvements of the CFD; NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly), does hereby resolve as follows: Section 1. The Council hereby dissolves Improvement Area No. 1 (except for APN's 371-311-005, 371-311-006, 371-311-007, 371-311-008, 371-311-009, 371-311- 016, 371-324-003, 371-324-009, 371-324-010), Improvement Area No. 2 and Improvement Area No. 3 and discharges the special tax liens on properties within such improvement areas. The City Clerk is hereby directed to record a notice of cessation of special tax (except with respect to the APN's listed above) discharging the special tax liens on such properties. Section 2. The Council hereby designates the portions of the CFD as described in Exhibit A attached hereto, as Improvement Area A, Improvement Area B, Improvement Area C, Improvement Area D, Improvement Area E and Improvement Area F, respectively, of City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "New Improvement Areas"). On the original and one copy of the map of the proposed amended boundary of the CFD on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. 1 Section 3. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax") sufficient to finance a portion of the cost of providing parks, open space and storm drains maintenance services (the "Services") that are in addition to those provided in the territory within the New Improvement Areas prior to the formation of the CFD and do not supplant services already available within the New Improvement Areas, the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Services Special Tax will be secured by recordation of a continuing lien against all real property in the New Improvement Areas. The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit B attached hereto and by this reference incorporated herein. The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. Section 4. The facilities proposed to be financed by each of the New Improvement Areas are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the CFD, including but not limited to streets, streetscape, park and recreation facilities, storm drain, other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities"). Such Facilities need not be physically located within the CFD. Section 5. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all real property in the New Improvement Areas. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the 2 rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit B attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities, the demand that each parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within an improvement area of the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the same improvement area of the CFD which is not delinquent or exempt in order to yield the required payments, subject to the Special Tax. Under no circumstances, however, shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the same improvement area of the CFD by more than 10 percent. Furthermore, the maximum Special Tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. Section 6. The Council hereby finds that the proposed Facilities are necessary to meet increased demands put upon the City as a result of the new development or rehabilitation within the CFD. Section 7. A public hearing (the "Hearing") on the proposed rate and method of apportionment of the Services Special Tax and the Special Tax shall be held on March 8, 2011, at 7:00 p.m., or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530. Section 8. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the New Improvement Areas, may appear and be heard. Section 9. Each City officer who is or will be responsible for the Services and the Facilities to be financed by the CFD is hereby directed to study the New Improvement Areas and, at or before the time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of the Services and the Facilities by type which will in his or her opinion be required to adequately meet the needs of the CFD and his or her estimate of the cost of providing the Services and the Facilities. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including the cost of planning and designing the Facilities to be financed pursuant to the Act, including the cost of environmental evaluations of such Facilities, all costs associated with the issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing. 3 Section 10. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in implementing the change proceedings with respect to the New Improvement Areas. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Services Special Tax and the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Services Special Tax and the Special Tax shall be approved by the qualified electors of the New Improvement Areas. Section 11. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the CFD. Such Notice shall contain information set forth in Section 53322 of the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 12. The Clerk may send a copy of the Notice by first-class mail, postage prepaid, to each registered voter and to each landowner within the New Improvement Areas as shown on the last equalized assessment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. Section 13. Pursuant to Section 53344.1 of the Act, the Council hereby reserves to itself, in its sole discretion, the right and authority by subsequent resolution to allow any owner of property within the New Improvement Areas, subject to the provisions of Section 53344.1 of the Act and those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the CFD treasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. Section 14. The voting procedure with respect to the imposition of the Special Tax and Services Special Tax shall be by hand delivered or mailed ballot election. Section 15. This Resolution shall take effect from and after the date of its passage and adoption. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of January, 2011. ATTEST:/ CITY CLERK BOLD CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS L A UV " MAYOR I, ROBERT BRADY, Acting City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011- 005 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25th day of January 2011, and that the same was adopted by the following vote: AYES: HICKMAN, MAGEE, MELENDEZ, TISDALE AND MAYOR BHUTTA NOES: NONE ABSENT: NONE ABSTAIN: NONE OBERT A. BRAD , CITY MANAGER ACTING CITY CLERK EXHIBIT A IMPROVEMENT AREA DESIGNATION 76979635.1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA A) (IMPROVEMENT AREA B) (IMPROVEMENT AREA C) (IMPROVEMENT AREA D) (IMPROVEMENT AREA E) (IMPROVEMENT AREA F) 76979635.1