HomeMy WebLinkAboutOrd. No. 2011-1290ORDINANCE NO. 2011-1290
AN ORDINANCE OF 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)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 2 (POTTERY COURT)
ANNEXED TO SAID DISTRICT
WHEREAS, on April 12, 2011, the City Council (the "Council") of the City
of Lake Elsinore, California (the "City") adopted Resolution No. 2011-022 stating its
intention to annex certain property (Annexation Area No. 2 (Pottery Court) ("Annexation
Area No. 2")) into City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act'); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 2 into the District; and
WHEREAS, on May 24, 2011 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of Annexation
Area No. 2 into the District and the rate and method of apportionment and manner of
collection of the special tax to be levied within Annexation Area No. 2 to finance certain
public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 2 were heard and a full and fair
hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2011-031 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 2, annexed Annexation Area No. 2 into the District and authorized
the levy of a special tax within Annexation Area No. 2; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2011-032 which called an election within Annexation Area No. 2 for May 24, 2011
on the proposition of levying a special tax; and
WHEREAS, on May 24, 2011 an election was held within each
Annexation Area No. 2 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
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 ORDAIN AS
FOLLOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 2 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary 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 into the District, periodic costs, and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in Section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2011-031 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title and summary or
text of the this ordinance, together with the vote thereon, to be published within fifteen
(15) days after its passage at least once in a newspaper of general circulation published
and circulated within the territorial jurisdiction of the City, and to post at the main office
of the City a certified copy of the full text of the adopted ordinance along with the names
of the Council Members voting for and against the ordinance.
SECTION 6. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this ordinance and are hereby
declared to be severable.
2
SECTION 7. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (30) days after the date of its final
passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County. The City Clerk shall certify as to adoption of this ordinance and
cause this ordinance to be published and posted in the manner required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on this 14th day of June, 2011.
AMY BHUTTA
MAYOR
APPROVED AS TO FORM:
BA BARA ZEID LEIB LD
CITY ATTORNEY
3
l 11 1 I.i LC
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2007-08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $416 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2008-09, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 2011-1290 was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the 24th day of May, 2011, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the 14th day of June, 2011, by the following roll call vote:
AYES: 4 Council Members Hickman, Melendez, Mayor Pro Tern
Magee and Mayor Bhutta
NOES: 0
ABSENT: 1 Council Member Tisdale
ABSTAIN: 0 UA~~
IRGINI LOO
CITY CLERK
4