HomeMy WebLinkAboutOrd. No. 1991-913ORDINANCE NO. 913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE EL5INORE
LEVYING SPECLAL TAXES WITHIN TIIE CITY OF LADE ELSINORE COMMiINITY
FACILITIES DISTRICT N0.91-2 (5UM1ViERIIII.L PUBLIC IMPROVEMENTS)
City of Lake Elsinore
Community Facilities District No. 91-2
(Summerhill Public Improvements)
WHEREAS, on February 26, 1991, this City Council 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 City of Lake Elsinore
Community Facilities District No. 91-2 (Summerhill 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 City Council to form the District and to provide for the Facilities;
WHEREAS, this City Council 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 City Council and a full and
fair hearing was held;
WHEREAS, subsequent to said hearing, this City Council adopted resolutions
entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities
District No. 91-2 (Summerhill 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 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 City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill
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 City Council of the City of Lace Elsinore ordains as
follows:
Section 1. By the passage of this Ordinance this City Council 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 City issued for the District (the
"Bonds") and all costs of administering the District.
Section 2. The Director of Administrative Services of the City, or in his absence the
Finance Director of the City, 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 Lax specified in the Resolution of Pormation.
Section 4. All of the collections of the special tax shall be used as provided for in
the Act and in the Resolution o£ Formation including, but not limited to, the payment of
principal and interest on the Bonds, the replenishment o£ the reserve fund for the Bonds,
the payment of the costs of the Ciby 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, or
in his absence the Finance Director of the City, 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 of the
special tax to th.e remaining parcels within the District shall not be affected.
Section 7. The Mayor shall sign this Ordinance and the City Clerk 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 Lhe area of the DisLricC.
Section 8. This Ordinance shall take effect 30 days from the date of final passage.
PASSED AND ADOPTED this 23rd day of April, 1991, by the following vote:
AYES: COUNCILMEMBERS: DOMIfJGUEZ, STARKEY,~WINKLER, WASHBURN
NOES: COUNCILMEMBER5: NONE
ABSENT: COUNCILMEMBERS: BUCK
(S E
'! ` ~,,
iry M. Washburn, May
City of Lake Elsinore
Atte
By:
Approved as to Form & Legality:
John R. arper, i i At o y
City of Lake Elsinore
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 foregoing Ordinance had its first reading
on April 9, 1991, and had its second reading on April 23, 1991,
and was passed by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCK
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYN`E KASAD, CIT 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 Ordinance No. 913 of said Council, and that the
same has not been amended or repealed.
DATED: April 24, 1991
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE