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HomeMy WebLinkAboutOrd. No. 2008-1241 ORDINANCE NO. 1241 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. 1 (RED KITE) ANNEXED TO SAID DISTRICT WHEREAS, on November 27,2007, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-196 stating its intention to annex certain property (Annexation Area No. 1 (Red Kite) ("Annexation Area No.1")) 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 FacilitiesAct 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.1 into the District; and WHEREAS, on January 8, 2008, this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 1 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. 1 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. 1 were heard and a full. and fair hearing was held; and . WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 7 determining the validity of prior proceedings relative to the annexation of Annexation Area No.1, annexed Annexation Area No. 1 into the District and authorized the levy of a special.tax within Annexation Area No.1; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2008- 8 Which called an election within Annexation Area No. 1 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.1 in which the eligible electors approved bymore 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 1 ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 1 pursuant to the formula set forth in Exhibit "An 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. 1 prior to the annexation of Annexation Area No. 1 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. 2008- 7 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 sal.e 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 ifspassage 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. -ErA L HICKMAN, MAYOR CITY OF LAKE ELSINORE _LA- VI IAN M. MUNSON CITY CLERK 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. 1241 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. 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 Properly. 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.