HomeMy WebLinkAboutCC Reso No 1989-64RESOLUTION NO.. 89-6~ _ '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE DECLARING ITS INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT AND
TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY
FACILITIES DISTRZCT
WHEREAS, a petition requesting the institution of
proceedings for formation of a community facilities district
signed by owners of not less than 10 percent of the area ofy~_
land proposed to be included within said district has been
received and filed with the City Clerk; and
WHEREAS, the City Council (the "City Council") of
the City of Lake Elsinore (the "City") has duly considered the
advisability and necessi'ty of instituting proceedings to
establish a community facilities district under and pursuant
to the terms and provisions of the "Mello-ROOS Community
Facilities Act of 1982" (the "ACt"), being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the
State of California; and
WHEREAS, the City Council has determined to
institute proceedings for the establishment of such community
facilities district, and has determined to set forth the
boundaries of the territory which is proposed for inclusion in
such community facilities district and to state the public
facilities to be provide3 in and for sueh community facilities
district, and has determined to set a date, time and place for
a public hearing relating to the establishment of such
community facilities district and the levy of a special tax
therein to pay for such public facilities; and
WHEREAS, the City Council has determined that it is
advisable to establish an appropriations limit, as defined by
Article XIIIB, Section 8(h) of the California Constitution,
for the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, AS FOLLOWS:
Section 1. All of the above recitals ate true and
correct.
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Section 2. The petition of landowners is hereby
accepted and proceedings are initiated pursuant to the
authorization of Section 53318(c) of the Act.
Section 3. It is the intention of the City Council
and the City Council hereby proposes to establish a community
facilities district under and pursuant to the terms and
provisions of the Act, the boundaries of the territory
proposed for inclusion in such.community facilities distric~,
are more particularly described and are shown on that certain
map entitled "District Boundaries West Lake Elsinore Community
Facilities District No. 88-3 in the City of Lake Elsinore,
County of Riverside, State of California" that has been filed
with the City Clerk and a copy of which, together with a legal
description of such territory, is attached hereto as Exhibit A
and incorporated herein and made a part hereof. The City
Clerk is hereby authorized and directed to endorse the
Certificate on said map evidencing the date and adoption of
this resolution and is further authorized and directed to file
said map in accordance with the provisions of Section 3111 of
the California Streets and Highways Code within 15 days of the
adoption of this resolution and not later than 15 days prior
to the date of the public hearing as set forth in Section 10
hereof .
Section 4. The community facilities district
proposed to be established shall be known and designated as
"City of Lake Elsinore Community Facilities District No. 88-3
(West Lake Elsinore)" (the "Community Facilities District").
Section 5. It is the intention of the City Council
to order the acquisition, construction and installation in and
for the Community Facilities District of certain public ~
fao-ilities (the "Facilities.r) with an estimated useful life of
five (5) years or longer, which are public facilities thzt the
City or a public agency is authorized by law to construct, own
or operate, a description of the types of Facilities to be
constructed or acquired is set forth in Exhibit B, attached
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hereto and incorporated herein and made a part hereof. The
Facilities to be acquired or constructed by the Community
Facilities District are necessary to meet increased demand
placed upon the City and other public agencies as a result of.
development occurring within the Community Facilities
District. The cost of acquiring, constructing and installing
the Facilities includes incidental expenses consisting of the
costs of planning and designing the Facilities, including t~h
costs of environmental evaluations thereof, all costs
associated with the establishment of the Community Facilities
Distriet, the issuance of bonds, the determination of the
amount of any special taxes to be levied, the cost of
collecting any special taxes, and costs otherwise incurred in
order to carry out the authorized purposes of the Community
Facilities District; together with any other expenses
incidental to the acquisition, construction, completion and
inspect:on of the Facilities.
Section 6. It is the intention of the City Council
that, except where funds-are otherwise available, a special
tax sufficient to pay for the Facilities, including the
payment of interest on and principal of bonds proposed to be
issued to finance the Facilities and the repayment of funds
advanced to the Community Facilities District, annual
administration expenses o£ the City and the Community
Facilities District in determining, apportioninq, levying and
collecting such special taxes, will be levied annually within
the boundaries oE the Community Facilities District. The rate
and method of apportionment of such proposed special tax is
set forth in Exhibit C, attached hereto and incorporated
herein and made a part hereof. Exhibit C provides sufficient
detail to allow each landowner or-resident within the
Community Facilities District to estimate the maximum amount
that.such person will have to pay:.for the Facilities.
The special tax as apportioned to each parcel
pursuant to Exhibit C is apportioned on the basis of benefit
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as permitted by Section 53325.3 of the Act and the
apportionment of the special tax is not on or based upon the
ownership of real property. In the event that property within
the Community Facilities District is acquired or dedicated to
a public agency subsequent to the date of formation of the
Community Facilities Dis.trict, it may become exempt and no
longer subject to the special tax, pursuant to the provisions
of the rate and method of apportionment attached hereto as ~r
Exhibit C. The special tax obligation on any parcel, if the
City Council so elects, may be prepaid and eliminated
according to the methodology and conditions specified by the
City Council in the resolution of issuance for any bonds to be
issued under these proceedings, by payment of the amount so
calculated to the City or its designated paying agent for the
Community Facilities District and utilized to call or defease
bonds to the full extent of such payment on the earliest date
on which such call or defeasance can be accomplished.
Section 7. It is the intention of the City Council,
pursuant to Section 53317.3 of the Act, to levy the proposed
special tax on property that is not otherwise exempt from the
proposed special tax and that is acquired by a public entity
through a negotiated transaction, or by gift or devise.
Section 8. It is the intention of the City Council,
pursuant to Section 53317.5 of the Act, to treat any special •-
tax levied against property that is acquired by a public
entity through eminent domain proceedings as if it were a
special annual assessment.
Section 9. It is the intention of the City Council,
pursuant to Section 53340.1 of the Act, to levy the proposed
special tax on the leasehold or possessory interests in
property owned by a public agency, which property is otherwise
exempt from the special tax.
Section 10. Notice is given that on the 26th day of
December, 1989, at the hour of 7:00 o'clock P.M., at the
regular meeting place of the City Council, 545 Chaney Street,
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Lake Elsinoxe, California 92330, a public hearing will be held
at which the City Council shall consider the establishment of
the Community Facilities District, tne proposed rate and
method and apportionment of the special tax, the proposed
appropriations limit for the Community Facilities District and
all other matters as set forth in this Resolution of
Intention. At the above-mentioned time and place for such
public hearing, any persons interested, including all j~
taxpayers, propeity owners and registered voters within the
Community Facilities District, may appear and be heard, and
the testimony of all interested persons or taxpayers for or
against the establishment of the Community Facilities District
and the levy of the special tax, or the extent of the
Community Facilities District, or the acquisition or
construction of the Facilities, or the establishment of an
appropriations limit, or on any other matters set forth
herein, will be heard and considered.
Any protests may be made orally or in writing
except that any protests pertaininq to the regularity or
sufficiency of such proceedings shall be in writing and shall
clearly set forth the irregularities and defects to which the
objection is made. All written protests shall be filed with
the City Clerk on or before the time fixed for such public
hearing, and any written protest may be withdrawn in writing
at any time before the conclusion of such public hearing. If
written protests against the establishment of the Community
Facilities District are filed by fifty percent (50%) or more
of the registered voters, or six (6) registered voters,
whichever is greater, residing within the Community Facilities
District, or owners of one-half (1/2) or more of the area of
land proposed to-be included within the Community Facilities
District, the proceedings shall be abandoned. If said
majotity protest is limited to certain facilities or special
tax, those facilities or that tax may be eliminated by the
City Council.
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Section 11. If, following the public hearing
described herein, the City Council determines to establish the
Community Facilities District and proposes to levy a special
tax within the Community Facilities District, the City Council
shall then submit the levy o£ the special tax to the qualified
electors of the Community Facilities District. If at least
twelve (12) persons, who need not necessarily by the same
twelve (12) persons, have been registered to vote within th~,
territory of the Community Facilities District for each oE the
ninety (90) days preceding the close of the public hearing,
the vote shall be by registered voters of the Community
Facilities District, with each voter having one (1) vote.
Otherwise, the vote shall be a mail ballot election,
consistent with Section 53327.5 of the Act, by the landowners
of the Community Facilities District who are the owners of
record at the close of the public hearing, with each landowner
having one (1) vote for each acre or portions of an acre of
land owned within the Community Facilities District. The
number of votes to be voted by a particular landowner shall be
specified on the ballot provided to that landowner.
Section 12. The Special Projects Engineer of the
City pursuant to Section 53321.5 of the Act is hereby directed
to coordinate a study by interested City departments and other
public agencies of the Community Facilities District and, at -
or before the time of such public hearing; to cause to be
prepared and filed with the City Council a report which shall
contain a brief description of the Facilities by type which
are required to adequately meet the needs of the Community
Facilities District, and an estimate of the cost for providing
the Facilities and an estimate of the incidental expenses
related thereto. Such report shall further contain any other
material that is related to the racilities or the Community
Facilities District, including a proposed appropriations
limit, and shall, upon its presentation, be submitted to the
City Council for review, and shall he made a part of khe
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record of the public hearing held to consider establishing the
Community Facilities District.
Section 13. In the opinion of the City Council, the
public interest will not be served by allowing the property
owners in the Community Facilities District to enter into a
contract pursuant to Section 53329.5(a) of the Act to do the
work to be financed under the Community Facilities District.
Section 14. Notice of the time and place of such.~
public hearing shall be given by the City Clerk in the
following manner: A Notice of Public Hearing in the form
required by Section 53322 of the Act shall be published in the.
Sun Tribune, a newspaper of general circulation published in
the area of the proposed Community Facilities District, which
such publication shall be made pursuant to Section 6061 of the
Government Code, and shall be completed at least seven (7)
days prior to the date set for such public hearing; further, a
Notice of Public Hearing in the form required by Section
53322.4 of the Act shall be sent by first-class mail, postage
prepaid, to each registered voter and to each landowner within
the proposed Community Facilities District as shown on the
last equalized assessment roll. Said mailing shall be
completed not less than fifteen (15) days prior to the date of
such public hearing.
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PASSED, APPROVED and ADOPTED this 14th day of
November, 1989.
AYES: COUNCILMEMBERS: BUCK, DOMINCUEZ, STARKE~, WASNEURN,
4!INKLER
' NOES: COUNCILMEMBERS: NONE
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ABSENT: COUNCILMEMBERS: NONE
ABSTENTIpNS' ~QUNCT~~EMBERS; NONE
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Jim Winkler, Mayor
T•
I LYNN~{iCASAD, City\Clerk
APPROVED AS TO ~'ORM AND LEGALZTY:
JOHN R. HARPER, CI'~~i ATTORNEY
CITY OF LAKE ELSINORE
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) SCALE
EXHIBIT TO
RATE AND METHOD OF APPORTIONMENT FOR PROPOSED
C~~l~iUA~ i 71~ ~AC I L 1 T 1 Es ~ 1 STR 1 C7 R~0 ,~6- 3
1N THE CITY OF LAKE ELSINORE. COUN7Y OF RI:'ERSIDE, STATE Of CALIFORNIA
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ITEM
1 STREETIMPROVEMENTS
2 DRAINAGE IMPROVEMENTS
3 SANITARY SEWER
IMPROVEMENTS
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4 WATERIMPROVEMENTS
5 FIRE PROTECTION
IMPROVEMENTS
6 PARKIMPROVEMENTS
EXHIBIT "B"
DESCRIPTION OF FACILITIES
NOVEMBER 1989
DESCRIPTION COST
Construct Grand Ave and $ 2,517,300
Lincoln Street $ 1,019,612
Construct B-1 Channel $ 3,447,168
Line C& C-1 Storm Drain $ 4,472,888
Rice Canyon Improvements $ 574,430
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Construct Sewer Trunk Li~es $ 821,355
A-1 and A-2 Lift Stations $ 657,323
Construct Lucerne 2.0 MG Water
Reservoir $ 1,179,507, __
Mountain Rd.1.5 MG Water
Reservoir and the Robb Rd.
Booster Pump Station $ 999,018
Fire Station $ 1,030,500
Park $ 1,980,000
SUB TOTAL $18,699,101
8.35 9'o CONTINGENCY $ 1,561,255
ENGINEERING $ 1,730,000
CONSTRUCTION TOTAL $21,900,356
INCIDENTIAL COSTS $ 8,009,644
TOTAL COST OF FACILITIES $30,000,000
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT FOR
PROPOSED COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE CITY OF LAKE ELSINORE
(WEST LAKE ELSINORE)
A Special Tax (the "Special Tax") shall be levied on and
collected from each parcel in Special Tax Area A and'Special
Tax Area B of Community Facilities District No. 88-3 in each
Fiscal Year, commencing July 1, 1990, in an amount determined
by the City Council of the City of Lake Elsinore through the
application of the appropriate Special Tax for "Developed
Property" and "Undeveloped Property" as described below. All
- of the property in CFD No. 88-3, unless exempted by law or by
the provisions hereof, shall be taxed for the purposes, to the
extent and in the manner herein provided.
A. DEFINITIONS.
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982,
being Chapter 2.5, Division 2 of Title 5 of the Government Code
of the State of California.
"Approved Undeveloped Property" means all Taxable Property in
CFD No. 88-3 not classified as Developed Property, for which a
final tract map has been recorded.
"Assigned Special Tax" means an amount equal to $0.19 per
square foot of Assessor's parcel applicable to each parcel of
Developed, Approved Undeveloped and Raw Undeveloped Property
within Special Tax Area A in Fiscal Year 1990-91, and a amount
equal to $0.05 per square foot of Assessor's Parcel applicable
to each parcel of Developed, Approved Undeveloped and Raw
Undeveloped Property within Special Tax Area B in Fiscal Year
1990-9 L
"City" means the City of Lake Elsinore.
"Council" means the City Council of the City of Lake Elsinore.
"Delinquency Tax" is defined to be the amount necessary to
cure any delinquencies in the payment of principal or interest
on the bonde which have occurred or (based on delinquencies in
the payment of Special Taxes which have already taken place)
will occur in the fiscal year in which the tax will be
collected, and to replenish the reserve account to the reserve
requirement as necessary (including, in the replenishment,
charges against the reserve account which will be necessary in
the future because of delinquencies in the payment of
Special Taxes which have already taken place).
"Developed Property" means all Taxable Property in CFD No. 883
for which a foundation building permit has been issued as of
March 1, of the previous Fiscal Year.
"Facilities" means any improvements or facilities designated
by the Council with an estimated useful life of five years or
longer which are eligible for financing under the provisions
of the Act.
"Fiscal Year° means the period starting July l, and ending the
following June 30.
"Land Use Class" means any of the categories listed in Table I
or Table II in Section C below to which a parcel is assigned
consistent with the provisions hereof.
"Raw Undeveloped Property" means all Taxable Property in CFD
No. 883 not classified as Developed Property or Approved
Undeveloped Property.
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"Raw Undeveloped Units" means the maximum number of
residential units applicable to such Raw Undeveloped Property
based on the current level of approval on the property (e.g.,
tentative map or zoning), for which final tract maps have not
been recorded. ,
"Special Tax Requirement", to be determined annually by the
Council, means the amount necessary to pay the authorized
costs and expenses of CFD No. 88-3 including those necessary
to administer CFD No. 88-3 (which total administrative amount
shall be separately stated by the Council in eaoh levy), to
pay current debt service on the bonds, to accumulate funds
for future debt service, to pay amounts delinquent on the
bonds (or to become delinquent based upon past Special Tax
delinquencies), to replenish the reserve fund to its proper
level (including payments to be made from the reserve fund
based upon past Special Tax delinquencies), to compensate for
anticipated Special Tax delinquencies (based upon past
delinquency experience), to pay directly for Facilities or to
accumulate funds for that purpose, and to pay for all
authorized services. If revenues are collected from
Undeveloped Property in a fiscal year, there shall be no
accumulation of funds in that fiscal year.
"Taxable Property" means all of the Assessor's Parcels within
the boundaries of CFD No. 88-3 which are not exempt from the
Special Tax pursuant to law or Section E below.
B. Assignment to Land Use Cateaories.
On July 1, of each year, all Taxable Property within CFD No.
88-3 shall be categorized either as Developed Property,
Approved Undeveloped Property or Raw Undeveloped Property, and
shall be subject to tax in accordance with the rate and method
of apportionment determined pursuant to Sections C and D
below.
For purposes of determining the applicable Maximum Special Tax
pursuant to Section C, Developed Property shall be assigned to
one of the classes designated in Table I or Table 22 below.
Single Family Detached Residential Developed Property shall be
assigned to Classes 1 through 4 based on the square footage of
the dwelling unit to be constructed on_an Assessor's Parcel as
set forth in the original building permit issued for such
property, exclusive of garages or other structures not used as
living space. Attached Residential Developed Property shall
be assigned to Class 5.
Commercial/Industrial Developed Properties shall be assigned
to Class 6. The square footage of a Commercial/Industrial
building shall be computed from the gross square footage for
the building(s) as reflected in the building plans upon which
the building permit(s) for such parcel was issued. The
acreage of a Commercial/Industrial parcel shall be determined
by reference to the then current Assessor's Parcel Map and, if
appropriate, to the most current parcel map or other
subdivision tract map recorded with the Office of the Recorder
for Riverside County.
C. Maximum Special Tax Rate
1. Developed Property
The Maximum Special Tax for an Assessor's Parcel
classified as Developed Property in Classes 1 through 6
shall be the greater of (i) the amount derived by
multiplying the square footage of such Assessor's Parcel
times the Base Maximum Special Tax or (ii) the Assigned
Special Tax determined by reference to Table 2 or Table II
below. For purposes of this Section C, the acreage or
squire footage of an Assessor's parcel shall be determined
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by reference to the then current Assessor's Parcel Map
and, if appropriate, to the most current parcel map or
other subdivision tract map recorded with the Office of
the Recorder for Riverside County. Notwithstanding the
above, for Attached Residential Developed Property, a
portion of the acreage in a recorded tract map shall be
taxed as Undeveloped Property if building permits for one
or more, but not all, of the units in the approved
condominium or site plan for that map have been issued.
The acreaqe in a recorded tract map to be taxed as
Undeveloped Property shall equal the proportion of the
associated condominium or site plan's approved units for
which building permits have not been issued, multiplied by
the total acreage within that tract map.
Notwithstanding Section E below, for purposes of
computing the Base Maximum Special Tax for each dwelling
unit located on parcels of Attached Residential Developed
Property that are owned by a homeowner's or property
owner's association, the square footage of the entire
Assessor's Parcel shall be included to determine the Base
Maximum Special Tax.
In making the computations set forth in this Section C(1)
and in determining the Maximum Special Tax which may be
levied in any Fiscal Year, on July 1, 1991 and on each
July 1, thereafter, the Base Maximum Special Tax and the
Assigned Special Tax for each class set forth in Table I
and Table II shall be increased by an amount equal to 2.0%
of the amount in effect for the previous Fiscal Year.
TABLE I
_ ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX
AREA A OF COMMUNITY FACILITSES DISTRICT NO. 88-3 (FISCAL YEAR
1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/
INDUSTRIAL)
(ALL SPEC IAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED
MAP)
Assigned Special
Land Use Density or. Tax (Fiscal
Class Description Square Footage Year 1990-91)
1 Single Family 2,800 or more $1,969 per
Detached unit
2. Single Family 2,300 - 2,799 SF $1,688 per
Detached unit
3. Single Family 1,700 - 2,299 SF $1,406 per
Detached unit
4. Single Family Less than 1,700 S F $1,126 per
Detached unit
- 5. Attached Homes Not Applicable $ 901 per
unit
6. Commercial/ Not Applicable $8,277 per
Industrial acre
The Maximum Special Tax may exceed the Assigned Special Tax
for some Assessor's Parcels within each class if the Base
Maximum Special Tax alternative is used ($0.19 per square foot
of Assessor's Parcel). The Base Maximum Special Tax would be
applied under the Fourth step of Section D(below) to lots
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larger than a certain size for each class of Single Family
Detached Property. Single Family Detached l ots, larger than
the following minimum sizes, would be taxed at the Base
Maximum Special Tax: ,
Class 1: 10,363 Sq. Ft. Class 3: 7,400 Sq. Ft.
Class 2: 8,884 Sq. Ft. Class 4: 5,926 Sq. Ft.
The Base Maximum Special Tax would also apply to Class 5 if
units are built at densities less than 9.18 units per acre and
to all Class 6 parcels.
TABLE 22
ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX
AREA B OF COMMUNITY FACILITIES DISTRICT 88-3 (FISCAL YEAR
1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/
INDUSTRIAL)
(ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED
MAP )
Assigned Special
Land Use Density or Tax (Fiscal
Class Description Square Footage Year 1990-91)
1 Single Family 2,800 or more $1,969 per
Detached unit
2. Single Family 2,300 - 2,799 SF $1,688 per
Detached unit
3. Single Family 1,700 - 2,299 SF $1,406 per
Detached unit
4. Single Family Less than 1,700 SF $1,126 per
Detached unit
5. Attached Homes Not Applicable $ 901 per
unit
6. Commercial/ Not Applicable $2,178 per
Industrial acre
The Maximum Special Tax may exceed the Assigned Special Tax
for some Assessor's Parcels within each class if the Base
Maximum Special Tax alternative is used ($0.05 per square foot
of Assessor's Parcel). The Base Maximum Special Tax would be
applied under the fourth step of Section D(below) to lots
larger than a certain size for each class of Single Family
Detached Property. Single Family Detached lots, larger than
the following minimum sizes, would be taxed at the Base
Maximum Special Tax:
Class 1: 39,380 Sq. Ft. Class 3: 28,120 Sq. Ft.
Class 2: 33,760 Sq. Ft. Class 4: 22,520 Sq. Ft.
The Base Maximum Special Tax would also apply to Class 5 if
units are built at densities less than 2.41 units per acre and
to all Class 6 parcels.
2. Undeveloped Property
The Maximum Special Tax for an Assessor's Parcel
classified as Raw Undeveloped Property or Approved
Undeveloped Property shall be the greater of (i) the
amount derived by multiplying the square footage of such
Assessor's Parcel by the Base Maximum Special Tax (as
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applicable for each Special Tax Area) or (ii) the Maximum
Assigned Special Tax Rate.
The Assigned Special Tax for Approved Undeveloped Property
shall be $990 per lot in both Special Tax Area A and
Special Tax Area B except for recorded lots over 2,000
square feet, for which the Assigned Special Tax shall be
$2,157 per acre. The Maximum Assigned Special Tax for
Approved Undeveloped Property and Raw Undeveloped Property
shall be $9,207 per acre in Special Tax Area A and $2,353
per acre in Special Tax Area B.
In making the computation set forth in Section C(2) and
in determining the Assigned Special Tax for Approved
Undeveloped Property and the Maximum Assigned Special Tax
on Raw and Approved Unde~eloped Property which may be
levied in any Fiscal Year, on July 1, 1991 and on any July
1 thereafter, the Assigned Special Tax for Approved
Undeveloped Property and the Maximum Assigned Special Tax
for Raw and Approved Undeveloped Property shall be
increased by an amount equal to 2.00% of the amount in
effect for the previous Fiscal Year.
D. Method of Apportionment of the Special Tax to Developed
Propertv and Undeveloped Propertv.
The Council shall levy the Special Tax as follows until the
amount of the levy equals the Special Tax Requirement:
First: The Special Tax shall be levied on Developed
Property, exclusive of property exempt from Special Taxes
pursuant to Section E below, up to l00% of the Assigned
Special Tax Rate for each class of Developed Property for
such Fiscal Year determined by reference to Table I and Table
II;
Second: If additional monies are needed after the first step
has been completed, the Special Tax shall be levied in equal
percentages up to 100% of the Assiqned Special Tax for each
parcel of Approved Undeveloped Property, exclusive of
Undeveloped Property exempted by law or by the provisions of
Section E (below);
Third: If additional monies are needed after the first two
steps have been completed, than the Special Tax shall be
levied on Raw Undeveloped Property based on the number of Raw
Undeveloped Units in equal percentages up to 100% of the
Maximum Assigned Special Tax for each parcel of Raw
Undeveloped Property, exclusive of Undeveloped Property
exempted by law or by the provisions of Section E below up to
20.47% of the Special Tax Requirement for Special Tax Area A
and up to 8.53% of the Special Tax Requirement for Special Tax
Area B, each net of Special Tax revenues levied in the first
and second steps above;
Fourth: If additional monies are needed after the first three
steps have been completed, the Special Tax shall be levied in
equal percentages up to l00% of the Maximum Assigned Special
Tax for each parcel of Approved Undeveloped Property,
exclusive of Undeveloped Property exempted by law or by the
provisions of Section E (below);
Fifth: If additional monies are needed after the first four
steps have been completed, then the levy of the Special Tax on
each Assessor's Parcel of Developed Property whose Maximum
Special Tax is determined through the application of the Base
Maximum Special Tax Rate shall be increased in equal
percentages fro the Assigned Special Tax Rate up to the
Maximum Special Tax Rate for each such Assessor's Parcel for
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each Fiscal Year;
Sixth: If additional monies are needed after the first five
steps have been completed, then the levy of the Special Tax on
each Assessor's Parcel of Undeveloped Property whose Maximum
Special Tax is determined through the application of the Base
Maximum Special Tax Rate shall be increased in equal
percentages from the Maximum Assigned Special Tax Rate up to
the Maximum Special Tax Rate for each such Assessor's Parcel
for such Fiscal Year;
Seventh: If additional monies are needed after the first six
steps have been completed, then the Special Tax shall be
levied proportionately on each parcel of Developed or
Undeveloped Property owned by a Homeowners' Association which
has not been exempted from the Special Tax pursuant to Section
E, up to the Maximum Special Tax for Undeveloped Property; and
Eighth: If additional monies are needed after the £irst seven
steps have been completed, then the Special Tax shall be
levied proportionately on each parcel of Developed or
Undeveloped Property conveyed or irrevocably offered to a
public agency which has not been exempted from the Special Tax
pursuant to Section E, up to the Maximum Special Tax for
Undeveloped Property.
E. Exemptions.
1. Special Tax Area A
A Special Tax shall not be imposed on up to 156.50 acres of
Undeveloped Property conveyed or irrevocably offered to a
- public agency or conveyed to a Homeowners' Association. Any
contiguous land area exceeding such total of 156.50 acres
shall be taxed consistent with Developed or Undeveloped
Property to the extent set forth in Steps Seven and Eight of
Section D above. Under no circumstances shall the Council
impose a Special Tax on land which is a public right of way or
which is an unmanned utility property utilized for the
provision of services to the public or a property encumbered
with public or utility easements making impractical its
utilization for other than the purposes set forth in the
easement.
2. Special Tax Area B
A special Tax shall not be imposed on up to 486 acres of
Undeveloped Property conveyed or irrevocably offered to a
public agency or conveyed to a Homeowners' Association. Any
contiguous land area exceeding such total of 486 acres shall
be taxed consistent with Developed or Undeveloped Property to
the extent set forth in Steps Seven and Eight of Section D
above. Under no circumstances shall the Council impose a
Special Tax on land which is a public right of way or which is
an unmanned utility property utilized for the provision of
services to the public or a property encumbered with public
or utility easements making impractical its utilization for
other than the purposes set forth in the easement.
F. Review/Appeal Council.
The Council shall establish as part of the proceedings and
administration of CFD No. 88-3 a special three-member
Review/Appeal Council. Any landowner or resident who feels
that the amount of the Special Tax, as to their parcel, is in
error may file a notice with the Review/Appeal Council
appealing the amount of the Special Tax levied on such parcel.
The Review/Appeal Council shall interpret this Rate and
Page 7
Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Council shall be
final and binding as to all persons.
G. Manner of Collection.
The special taxes for CFD No. 88-3 will be collected in the
same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 88-3 may
collect Special Taxes at a different time or in a different
manner if necessary to meet its financial obligations. In the
event of a delinquency, CFD No. 88-3 will pursue foreclosure in
a timely manner.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
;` I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
uv riEk~BY c~xTir'Y inaz the ioregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting
of said Council on the 14th day of November, 1989, and that it
was so adopted by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERSt NONE
ABSTAIN: COUNCILMEMBERS: NONE
~
VICKI L N KA AD, CI Y CLERK
CITY OF KE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 89-64 of said Council, and that the
same has not been amended or repealed.
D ED: December 19, 1989
~ ~
CKI LYNNE KASAD, CITY CLERK
CITY OF LAK ELSINORE
(SEAL)