HomeMy WebLinkAboutOrd. No. 1990-ORDINANCE NO. _ R DA 1
AN ORDINANCE OF THE GOVERNING BOARD OF THE REDEVEIAPMENT
AGENCY OF 1'IIE CffY OF LAKE ELSINORE LEVYING SPECIAI, TAXES WITHIN
TIIE REDL'VELOPRiIs'NTAGENCY OFTHE CITY OF LAKE I:LSINORE COMMUNITY
FACILITIIs5 DISTRICT N0.90-2 (TUSCANY IIILLS PUBLIC II~1I'ROVEMENTS)
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled
"A Resolution of Intention to Establish. a Community Facilities District and to Authorize --
the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982"
(the.,"Resolution of Intention"), stating its intention to establish the Redevelopment
Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills
Public Improvements) (the "District") pw•suant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities");
WHEREAS, notice was published as required by the Act relative to the intention of
this Governing Board to form the District and to provide for the Facilities;
WHEREAS, this Governing Board has held a noticed public hearing as required by
the Act relative to the determination to proceed with the formation of the District and the
rate and method of apportionment of the special tax to be levied within the District to
finance a portion of the costs of the Facilities;
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy of said special taxes were heard,
substantial evidence was presented and considered by this Governing Board and a full
and fair hearing was held;
WHEREAS, subsequent to said hearing, this Governing Board adopted resolutions
entitled "A Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements),
Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishruent of the Appropriations Limit to tike Qualified Electors of the District" (the
"Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded
Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting
Proposition t,o the Qualified Electors of the District" and "A Resolution Calling Special
Election", which resolutions established the District, authorized the levy of a special tax
within the District, and called an election within the District on the proposition of
incurring indebtedness, ]eying a special tax, and establishing an appropriations limit
within the District, respectively; and
WHEREAS, an election was held within the District in which the eligible
Iandowner electors approved said propositions by more than the two-thirds vote required
by the Act.
NOW, THEREFORE, the Governing Board of the Redevelopment Agency of the City
of Lake Elsinore ordains as follows:
Section 1. By the passage of this Ordinance this Governing Board hereby
authorizes and levies special taxes within the District pursuant to California
Government Code Sections .53328 and 53340, at the rate and in accordance with the
formula set forth iv the Resolution of Formation which Resolution is by this reference
incorporated herein. 'fhe special taxes are hereby levied commencing in fiscal ,year 1991-
92 and in each fiscal year thereafter until payment in full of any bonds of the Agency
issued for the District (the "Bonds") and all costs of administering the District.
Section 2. Thr, Director of Administrative Services of the City o£Lake Elsinore, or
in his absence the Executive Director of the Agency, is hereby authorized and directed
each fiscal year to determine the specific special tax rate and amount to be levied for the
next ensuing fiscal year fur each parcel of real property within the District, in the
manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State or local governments shall be exempt
from any levy of the special taxes to the extent set forth in the Resolution of Formation. In
no event shall the special taxes be levied on any parcel within the District in excess of the
maximum tax specified in the Resolution of Formation.
Section. 4. All of the collections of the special tax shall be used as provided for in
the Act and in the Resolution of Formation including, but not limited to, the payment of
principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds,
the payment of the costs of the Agency in administering the District and the costs of
collecting and administering the special tax. '
Section 6. The special taxes shall be collected in the same. manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided for
ad valorem taxes. In addition, the provisions of Section b3356.1 of the Act shall apply to
delinquent special tax payments. The Director of Administrative Services of the City of
Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of
the County of Riverside in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of
Riverside for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are
paid in full.
Section 6. If for any reason any portion of this ordinance is found to be invalid, or
if the special Lax is found inapplicable to any particular parcel within the District, by a
Court of competent jurisdiction, the balance of this ordinance and the application of the
special tax to the remaining parcels within the District shall not be affected.
Section 7. The Chairman shall sign this Ordinance and the Secretary shall cause
the same to be published within fifteen (lb) days after its passage at least once in a
newspaper of general circulation published and circulated. in the area of the District.
Section 8. This Ordinance shall take effect 30 days from the date of final passage.
PASSED UPON FIRST READING this 27th day of Ncvember, 1990, by the following
roll call vote:
AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER, BUCK
NOES:. BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: STARKEY
ABSTAIN: BOARDMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this 11th day of December, 1990 by the
following roll call vote:
AYES: BOARDMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER, BUCK
NOES: BOARDMEMBERS: NONE.
ABSENT: BOARDMEMBERS: NONE
ABSTAIN; BOARDMEMBERS: NONE
APPROVED AS TO FORM & LEf,ALITY:
ILLIAM S. BUCK, CHAIRM9N
REDEVELOPMENT AC,ENCY
~t/IYII
JOHN R. HA PER, L COUNS
ORDIlVANCE NO. RDA 1
AN ORDINANCE OF THE GOVERNING BOARD OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN
THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT N0.90-2 (TUSCANY HILLS PUBLIC IlI~ROVEMENT5)
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982"
(the "Resolution o£ Intention"), stating its intention to establish the Redevelopment
Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills
Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities");
WHEREAS, notice was published as required by the Act relative to the intention of
this Governing Board to form the District and to provide for the Facilities;
WHEREAS, this Governing Board has held a noticed public hearing as required by
the Act relative to the determination to proceed with the formation of the District and the
rate and method of apportionment of the special tax to be levied within the District to
finance a portion of the costs of the Facilities;
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy o£ said special taxes were heard,
substantial evidence was presented and considered by this Governing Board and a full
and fair hearing was held;
WHEREAS, subsequent to said hearing, this Governing Board adopted resolutions
entitled "A Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 {Tuscany Hills Public Improvements),
Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy o£ the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the District" (the
"Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded
Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting
Proposition to the Qualified Electors of the District" and "A Resolution Calling Special
Election", which resolutions established the District, authorized the levy of a special tax
within the District, and called an election within the District on the proposition of
incurring indebtedness, levying a special tax, and establishing an appropriations limit
within the District, respectively; and
WHEREAS, an election was held within the District in which the eligible
landowner electors approved said propositions by more than the two-thirds vote required
by the Act.
NOW, THEREFORE, the Governing Board of the Redevelopment Agency of the City
of Lake Elsinore ordains as follows:
Section 1. By the passage of this Ordinance this Governing Board hereby
authorizes and levies special taxes within the District pursuant to California
Government Code Sections 53328 and 53340, at the rate and in accordance with the
formula set forth in the Resolution of Formation which Resolution is by this reference
- incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-
92 and in each fiscal year thereafter until payment in full of any bonds of the Agency
issued for the District (the "Bonds") and all costs of administering the District.
Section 2. The Director of Administrative Services of the City of Lake Elsinore, or
in his absence the Executive Director of the Agency, is hereby authorized and directed
each fiscal year to determine the specific special tax rate and amount to be levied for the
next ensuing fiscal year for each parcel of real property within the District, in the
manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State or local governments shall be exempt
from any levy of the special taxes to the extent set forth in the Resolution of Formation. In
no event shall the special taxes be levied on any parcel within the District in excess of the
maximum tax specified in the Resolution of Formation.
Section 4. All of the collections of the special tax shall be used as provided for in
the Act and in the Resolution of Formation including, but not limited to, the payment of
principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds,
the payment of the costs of the Agency in administering the District and the costs of
collecting and administering the special tax.
Section 5. The special taxes shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided for
ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to
delinquent special tax payments. The Director of Administrative Services of the City of
Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of
the County of Riverside in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of
Riverside for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are
paid in full.
Section 6. If for any reason any portion of this ordinance is found to be invalid, or
if the special tax is found inapplicable to any particular parcel within the District, by a
Court of competent jurisdiction, the balance of this ordinance and the application o£ the
special tax to the remaining parcels within the District shall not be affected.
Section 7. The Chairman shall sign this Ordinance and the Secretary shall cause
the same to be published within fifteen (15) days after its passage at least once in a
newspaper of general circulation published and circulated in the area of the District.
Section 8. This Ordinance shall take effect 30 days from the date of final passage.
PASSED upon first reading this 27th day of November, 1990, upon the
following vote:
-AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER, BUCK
.NOES: BOARDMEMBERS: NONE
ABSENT: 60ARDMEMBERS: STARKEY
ABSTAIN: BOARDMEMBERS: NONE
PASSED AND ADOPTED this 11 day of December, 1990, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
(S E
Atte
By:
DOMIN(IUEZ, STARKEY, WASHBURN, WINKLER, BOOK
NONE
NONE
APPROVED AS 'f0 FORM AND LLGALPI'Y:
JOHN R. I1AI2PLR, LE AL COUNSEL
YY lllliilll p. DUGH, Ulldlf'1llQ11
Redevelopment Agency of the City of
Lake Elsinore
Redevelopment Agency of the City of
Lake Elsinore