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Home My WebLink AboutOrd. No. 1992-947ORDINANCE NO. ~a7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COIVIMUIVITY FACII.ITIES DISTRICT N0.92.1 (LAKE ELSINORE PLAZA PUBLIC IlVIPROVEIIINNTS) City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) WHEREAS, on October 27, 1992, 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. 92-1 (Lake Elsinore Plaza 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. 92-1 (Lake Elsinore Plaza 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. 92-1 (Lake Elsinore Plaza 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 }s: -i. 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 Lake 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 1993-94 and in each fiscal year thereafter until payment in full of all costs of the facilities to be financed by the District and of any bonds of the City issued for the District (the "Bonds"), and payment of all costs of administering the District. Section 2. The Director of Administrative Services of the City of Lake Elsinore, 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 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 District and of the City 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 1993-94 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 the 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 the area of the District. -2- -~; 1 Section 8. This Ordinance shall take effect 30 days from the date of final passage. PASSED AND ADOPTED this 8thday of December, 1992, by the following vote: AYES: COUNCILIVIEMBERS: ALONGI, CHERVENY, DDMINGUEZ, VJINKLER, bJASHBU.".N NOES: COUNCILMEMBERS: fJONE ABSENT: COUNCILMEMBERS: NONE (S E By: City of Lake -3- ~, ~/U~%- ;~ M. Washburn, Mayor City of Lake Elsinore Y ,yr. Y..' ~. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on December 8, 1992 and was passed by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~BS~'AIN: ~ COUNCILMEMBERS: NONE \ I ~ Y V l.ul\1 1\A JAL, V111 lrl{IJ1\1\ CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI 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. 947 of said Council, and that the same has not been amended or repealed. D~TED: December 14n 1992 ,~~~ CITY OF LAKE EL•SINORE (SE1iL)