The URL can be used to link to this page

Home My WebLink AboutOrd. No. 1995-1006 ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN CITY OF LAKE ELSINORE COMMUNITY FACILmES DISTRICT NO. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements) WHEREAS, on October 10, 1995, 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. 95-1 (Lake Elsinore City Center Public Improvements) (the "District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (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 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 resQlutions entitled "A Resolution of the City Council of the City of Lake Elsinore of Formation of City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the City of Lake Elsinore Determining the Necessity to Incur _ Bonded Indebtedness Within City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements)" and "A Resolution of the City Council of the City of Lake Elsinore Calling Special Election", which resolutions established the District, authorized the levy of a special tax with 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 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 method of apportionment set forth in Exhibit A to the Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied commencing in fiscal year 1995-96 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 Administrative Services 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 Rate and Method of Apportionment. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment. Section 4. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment, 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 City in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes 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 City Administrative Services Director is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District. Notwithstanding the foregoing, the Administrative Services Director of the City may collect one or more installments of the special taxes by means of direct billing by the City of the property owners within the District, if, in the judgment of the Administrative Services Director, such means of collection will reduce the administrative burden on the City in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. 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 City. INTRODUCED AND APPROVED UPON 1ST READING this 14th day of November. , 1995, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE -- ABSENT: COUNCILMEMBERS: ALONGI, BENDER NONE ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON 2ND READING this 28th day of November. , 1995, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: BENDER ABSTAIN: COUNCILMEMBERS: NONE AT'(ST: 2L1LW VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO LEGAL FORM: ~ TTORNEY 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 by title only for adoption on November 14, 1995, and passed on November 28, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: BENDER ABSTAIN: COUNCILMEMBERS: NONE ~A~y CLERK 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. 1006 of said Council, and that the same has not been amended or repealed. DATED: November 30, 1995 i&u VICKI KASAb, CITY CLERK CITY OF LAKE ELSINORE ( SEAL)