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HomeMy WebLinkAboutOrd. No. 2008-1240 ORDINANCE NO. 1240 AN ORDINANCE O'F THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE ,AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.3 (RIVER'S EDGE) ANNEXED TO SAID DISTRICT WHEREAS, on November 13, 2007, the City Council (the !'Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-185 stating its intention to annex certain property (Annexation Area No. 3 (River's Edge) ("Annexation Area No.3")) into 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, (the "Act"); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area NO.3 into the District; and WHEREAS, on January 8, 2008, this Council held a noticed public hearing as required l.1y law relative to the determination to proceed with the annexation of Annexation Area No. 3 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. 3 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. 3 were heard and a full and fair hearingwas held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 4' determining the validity of prior proceedings relative to the annexation of Annexation Area No.3, annexed Annexation Area No. 3 into the District and authorized the levy of a special tax within Annexation Area No.3; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 5,. which called an election within Annexation Area No. 3 for January 8, 2008, on the proposition of levying a special tax; and .. . - WHEREAS,on January 8, 2008, an election was held within each Annexation Area No. 3 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. 2006-5 (PARKS, OPEN 1 SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 3 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 parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area NO.3 prior to the annexation of Annexation Area No. 3 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 inthe Act and Resolution No. 2008- 4 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. 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. 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22nd day of January 2008. 0jf~ ~MA~,MAYOR CITY OF LAKE ELSINORE l. L VI IAN M. MUNSON CITY CLERK ST: APPROVED AS TO FORM: 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1240 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 8th day of January 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of January 2008, by the following roll call vote: AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE { LL~ VIVIAN M. MUNSON CITY CLERK 4 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed R~sidential Property and Developed Multi-Family 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. 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 Unit" 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 on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single. Family Unit" means a rc;3sidential dwelling unit other than a Developed Multifamily Unit. 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 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Yearon 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 th.e preceding Fis.cal 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. "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 fadlity capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apporti.onment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council. shall levy Special Taxes on (i)al" Asses.sor's Parcels containing a Developed Single Family Unit or Developed Multifamily 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 Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On e?ch 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 Spedal Tax shall be levied in perpetuity to fund the Special Tax Requir~ment, unless no longer required as determined at the sole discretion of the City Council. ... Colle.ction of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad va/~rem propert~ 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. .