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HomeMy WebLinkAboutOrd. No. 2003-1108 ORDINANCE NO. 1108 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.1 AND ANNEXATION AREA NO.2 ANNEXED TO SAID DISTRICT WHEREAS, on October 14, 2003, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 43 stating its intention to annex certain property ("Annexation Area No.1") into 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, on October 14, 2003, the Council adopted Resolution No. 44 stating its intention to annex certain property ("Annexation Area No.2") into the District pursuant to the Act; and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No.1 and Annexation Area No.2 into the District; and WHEREAS, on October 14, 2003 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 1 and Annexation Area No.2 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 1 and Annexation Area No.2 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No.1 and Annexation Area No.2 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. ;'00:3 -5;). determining the validity of prior proceedings relative to the annexation of Annexation Area No. 1 and Annexation Area No.2, annexed Annexation Area No.1 and Annexation Area No.2 into the District and authorized the levy of a special tax within Annexation Area No. 1 and Annexation Area No.2; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2~3-53which called an election within Annexation Area No.1 and Annexation Area No.2 for October 14, 2003 on the proposition of levying a special tax; and WHEREAS, on October 14, 2003 an election was held within each Annexation Area No. 1 and Annexation Area No. 2 in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax; 45367598.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGIS LA TNE BOYD OF CITY OF LAKE ELSINORE 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 Annexation Area No. I and Annexation Area No.2 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 Annexation Area No. 1 and Annexation Area No. 2 prior to the annexation of Annexation Area No.1 and Annexation Area No.2 into the District, periodic costs, and costs of the tax levy and collection. 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. ..lo03-n. of the 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. 45367598.1 2 INTRODUCED AND PASSED upon first reading by title only, this 14th day of October, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED upon second reading by title only, this 28th day of October ,2003, upon the following roll call vote: NOES: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY ABSTAIN : COUNCILMEMBERS: NONE v;;w VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE /---~ " C //j\ ", /--') . , '//' , ,'1 _/','. ,/ ,,', ,fA /""f /c:;: Il~ > r-~ ~'I ~;;./f>AMELA B~LEY, MAYOR ;i', CITY OF LAfE ELSINORE ~ 3 NOTICE OF ADOPTION OF ORDINANCE NO. 1108 NOTICE IS HEREBY GIVEN that on Oct. 28 , 2003, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1108 . A summary of Ordinance No. 1108 follows and is marked as Exhibit "A". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. Ordinance No. 1108 was adopted by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: BUCKLEY. SCHIFFNER. BRINLEY NONE NOES: ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN. KELLEY CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Dated: November 3 ,2003 By City Clerk of the City of Lake Elsinore 45367598.1 5 EXHIBIT" A" BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) IN THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No.1 and Annexation Area No.2 Annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ) ORDINANCE NO. ) ) ) ) ) ) 1108 SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. I and Annexation Area No.2 annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), collected in the same manner as ordinary ad valorem taxes, 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 Annexation Area No. 1 and Annexation Area No.2 prior to the annexation of Annexation Area No.1 and Annexation Area No.2 to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No.1 and Annexation Area No.2. DATED: November 3 45367598.1 , 2003 CITY OF LAKE ELSINORE By: City Clerk of the City of Lake Elsinore AGENDA ITEM NO. ~ ~ PAGE1JL OF ~ '- 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 14th day of October, 2003; and approved upon second reading by title only on the 28th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~~ COUNCILMEMBERS: VICKI KASAD, CITY CLERK CiTY OF LAKE ELSINORE HICKMAN, KELLEY NONE (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. 1108 of said Council, and that the same has not been amended or repealed. 2fi vember 5 2003 V;CKI f;A.SAD, CITY CLERK ClTY OF LAKE ELSINORE (SBAL)