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HomeMy WebLinkAboutCC Reso No 2011-031 City Council ResoRESOLUTION NO. 2011 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, a copy of Resolution No. 2011 -022, incorporating a description and map of the proposed boundaries of Annexation Area No. 2 (Pottery Court) ( "Annexation Area No. 2 ") and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 2, 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 Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2011 -022 set May 24, 2011 as the date of the public hearing on the annexation of Annexation Area No. 2 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 2 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. 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. 2007 -1 (Law Enforcement, Fire and Paramedic Services), does hereby resolve as follows: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. Annexation Area No. 2 is hereby annexed into the District. SECTION 3. The description and map of the boundaries of Annexation Area No. 2 on file in the City Clerk's office and as described in said Resolution No. 2011 -022 and incorporated herein by reference, shall be the boundaries of Annexation 1 Area No. 2. The map of the proposed boundaries of Annexation Area No. 2 has been recorded in the Office of the County Recorder of Riverside County, California in Book 75, Page 18 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2011- 0187366). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient 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 Annexation Area No. 2 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 2 and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 2. SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 2, and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 2. SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 2 for the exclusive purpose of financing law enforcement, fire and paramedic services. SECTION 8. Written protests against annexation of Annexation Area No. 2, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 2, have not been filed by fifty percent (50 %) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 2. SECTION 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674 -3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 10. The City Clerk is directed to certify and attest to this resolution and to take any and all necessary acts to call, hold, canvass and certify an 2 election or elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 11. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 24th day of May, 2011. A A MAYOR I.1 VIRGIN CITY C' APPROVED AS TO FORM: n _/�') %i- CITY ATTORNEY 3 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -031 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 24th day of May 2011, and that the same was adopted by the following vote: AYES: Council Member Tisdale, Mayor Pro Tern Magee, Council Members Hickman, Melendez and Mayor Bhutta NOES: None ABSENT: None ABSTAIN: None Virginia J. City Clerk