HomeMy WebLinkAboutOrd. No. 2008-1242
ORDINANCE NO. 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE
LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL
TAX
WHEREAS, on November 27,2007, the City Council (the "Council") of the City of
Lake Elsinore (the "City") adopted Resolution No. 2007-198 stating its intention to form
the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite) (the
"CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"), to finance a portion of the cost of providing parks, open space and storm drain
maintenance services (the "Services") that are in addition to those provided in the
territory within the CFD prior to the formation of the CFD, and to finance the purchase,
construction, expansion or rehabilitation of certain real and other tangible property with
an estimated useful life of five years or longer, including public infrastructure facilities
and other governmental facilities, which the City is authorized by law to construct, own
or operate (the "Facilities"); and
WHEREAS; on November 27, 2007, the Council also adopted Resolution No.
2007-199 stating its intention and the necessity to incur bonded indebtedness in the
amount not to exceed $2,500,000 to be issued for the purpose of financing the
purchase, construction; expansion or rehabilitation of the Facilities; and
WHEREAS; notice was published as required by law relative to the intention of
the Council to form the CFD and to incur bonded indebtedness in the amount not to
exceed $2,500,000 within the boundaries of the CFD; 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 formation of the CFD,
the rate and method of apportionment and manner of collection of the special tax to be
levied within the CFD to pay for the Services and the rate and method of apportionment
and manner of collection of the special tax to be levied within the CFD to pay the
principal and interest on the proposed bonded indebtedness of the CFD, and relative to
the necessity for authorizing the bonds, the purpose for which the bonds are to be
issued, the amount of the proposed debt, the maximum term of the bonds and the
maximum annual rate of interestto be paid; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the CFD and the incurring of bonded indebtedness by the
CFDwere heard and afull and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2008- 11 determining the validity of prior proceedings and established the CFD;
and
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WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2008- 12 which called a-nelection within the CFD for January 8, 2008, on the
proposition of. incurring bonded indebtedness, levying a special tax and setting an
appropriations limit; and
WHEREAS, on January 8, 2008, an election was held within the CFD in which
the eligible electors approved by more than two-thirds vote the proposition of incurring
bonded indebtedness, levying a special tax, and setting an appropriations limit.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF lAKE ELSINORE,
CALIFORNIA, DOES HEREBYORDAIN AS FOllOWS:
SECTION 1. A special tax (the "Services Special Tax") is levied within the
boundaries of the CFD pursuant to the formula set forth in Exhibit A attached hereto in
an amount necessary to pay all of the costs of providing the Services, periodic costs,
and costs of the tax levy and col/ection, and all other costs.
SECTION 2~ A special tax (the "Special Tax") is levied within the boundaries of
the CFD pursuant to the formulas set forth in Exhibit A attached hereto in an amount
necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of
the tax levy and collection, and all other costs including amounts payable with respect to
the bonded indebtedness.
SECTION 3. 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 then current or future tax years, except
that the special tax rate to. be levied shall not exceed the maximum rate set forth in
Exhibit A.
SECTION 4. All of the collections of the Services Special Tax and Special Tax
shall be used as provided for in the Act and Resolution No. 2008- 11 (Resolution
of Formation).
SECTION 5. The. above authorized Services Special Tax and the Spedal Tax
shall be. co.llectedin 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 farad valorem taxes; provided, however, the CFD may
collect the_Services Special Tax and the Special Tax ata different time or in a different
manner if necessary to meet its financial obligations.
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. 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
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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 8. This ordinance relating to the levy of the Services Special Tax and
the Special Tax takes effect and shall be in force from and after 30 days from the date
of 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.
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.
A;j~
(_.. QAB-Yt::'AICKMAN
MAYOR
LL_
V IAN M. MUNSON
CITY CLERK
T:
APPROVED AS TO FORM:
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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 foregoinglOrdinance No. 1242 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
{_ l. L__
VIVIAN M. MUNSON
CITY CLERK
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