HomeMy WebLinkAboutOrd. No. 2003-1102
ORDINANCE NO. 1102
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL
TAX
WHEREAS, on June 24, 2003, the City Council (the "Council") of the City of Lake
Elsinore, California (the "City") adopted Resolution No. 2003-21 stating its intention to form the
City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of
1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the intention of the
Council to form the District; and
WHEREAS, on August 12, 2003 this Council held a noticed public hearing as required
by law relative to the determination to proceed with the formation of the District and the rate and
method of apportionment and manner of collection of the special tax to be levied within the
District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the formation of the District by the District were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2/)03.31
determining the validity of prior proceedings relative to the formation of the District, established
the District and authorized the levy of a special tax within the District; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No1D63'3~which
called an election within the District for August 12, 2003 on the proposition of levying a special
tax; and
WHEREAS, on August 12, 2003 an election was held within the District in which the
eligible electors approved by more than two-thirds vote the proposition of levying a special tax.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, acting as the
legislative body of Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services), does ordain as follows:
Section 1. A special tax is levied within the boundaries of the District pursuant to
the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount
necessary to finance a portion of the cost of providing law enforcement, fire and paramedic
services that are in addition to those provided in the territory within the District prior to the
formation of the District, periodic costs, and costs of the tax levy and collection.
45317893.1
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Section 2. 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 next fiscal year, except that the special tax rate to be levied
shall not exceed the maximum rate set forth in Exhibit "A."
Section 3. All of the collections of the special tax shall be used as provided for in
the Act and Resolution No.~003-310fthe Council.
Section 4. The above authorized special tax shall be collected in 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 for ad valorem taxes.
Section 5. 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 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 6. This ordinance relating to the levy of 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.
INTRODUCED AND ADOPTED UPON FIRST READING this 12th
August ,2003, upon the following roll call vote:
day of
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, KELLEY
COUNCILMEMBERS: NONE
NOES:
ABSTAIN:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ABSENT:
PASSED, APPROVED AND ADOPTED this 26th day of Augus t
following roll call vote:
, 2003, upon the
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY
COUNCILMEMBERS: NONE
NOES:
ABSENT:
COUNCILMEMBERS: NONE
45317893.1
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COUNCILMEMBERS:
ABSTAIN:
City Clerk of t e City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45317893.1
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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 introduced and read by title only for adoption on the
12th day of August, 2003; and approved upon second reading by title only on the 26th day of
August, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
~TAB'.J COUNCILMEMBERS:
VICKI KkAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY CF LAKE ELSINORE,
DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1102 of said Council, and that the same has not been amended or repealed.
)
CKI SAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March I preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March I preceding any
Fiscal Year for the construction ofa Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
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