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Home My WebLink AboutCC Reso No 2013-060 City council ResoRESOLUTION NO, 2013 -060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE PROPOSED BOUNDARY FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2006 -5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has established City of Lake Elsinore Community Facilities District No. 2006- 5 (Parks, Open Space and Storm Drain Maintenance) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act "); and WHEREAS, the District will finance parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the District; and WHEREAS, the Council has provided for the annexation of future territory (the "Future Annexation Area ") to the District pursuant to the terms and provisions of the Act; and WHEREAS, the City has received a Consent and Waiver from MBK Homes requesting annexation of property owned by MBK Homes, which constitutes a portion of the Future Annexation Area, into the District. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. The Council hereby determines to institute proceedings for the annexation of Annexation Area No. 5 (Trieste) ( "Annexation Area No. 5 ") into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundary of Annexation Area No. 5 to Community Facilities District No. 2006 -5 of the City of Lake Elsinore (Parks, Open Space and Storm Drain Maintenance) which map indicates by a boundary line the extent of the territory included in Annexation Area No. 5 and shall govern for all details as to the extent of Annexation Area No. 5. SECTION 2. The map showing Annexation Area No. 5, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Annexation Area No. 5 on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and City Council Resolution No. 2013 -060 Page 2 of 5 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. SECTION 3. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax ") sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 5 prior to the annexation of Annexation Area No. 5 and do not supplant services already available within the territory proposed to be included in the District, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all non - exempt real property in the proposed Annexation Area No. 5. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 5 will not result in any change to the special tax rates levied in the District prior to such annexation. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be 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 proposed Annexation Area No. 5 by more than 10 percent. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. SECTION 4. Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within Annexation Area No. 5. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. City Council Resolution No. 2013 -060 Page 3 of 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this -8th day,-of October, 2013. Ip1 E` Virginia �. Bloom, City Clerk APPROVED AS TO FORM: ra Z. LeBgld, City City Council Resolution No. 2013 -060 Page 4 of 5 EXHIBIT A RATE AND METHOD OF APPORTIONMENT Introduction Special taxes shall be annually levied on all Developed Single Family Property, Developed Multi - Family Property and Developed Non - Residential Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006 -5 (Parks, Open Space and Storm Drain Maintenance) (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 Single Family Property, Developed Multi - Family Property, or Developed Non - Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions "Assessor's Parcel" means 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" means the City of Lake Elsinore, California. Developed Multifamily Property 10 means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non - Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non - residential use, excluding property owned by local, state, or federal government, on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Property" means a residential dwelling unit other than a Developed Multifamily Property on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June W "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006 -5 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006 -5 pursuant to the Act to fund the Special Tax Requirement. City Council Resolution No. 2013 -060 Page 5 of 5 "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006 -5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006 -5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. "Unit" means 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 the Special Tax Commencing Fiscal Year 2005 -2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Property Unit or Developed Multifamily Property Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Property Unit, $121 per Developed Multifamily Property Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -060 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8 day of October 2013, and that the same was adopted by the following vote: AYES: Council Member Tisdale, Mayor Manos, Council Member Hickman, NOES: None ABSENT: None ABSTAIN: None Pro Tern Johnson, Council Member and Mayor Magee