HomeMy WebLinkAboutOrd. No. 2003-1112
ORDINANCE NO. 1112
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.3
AND ANNEXATION AREA NO.4 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. 48 stating its intention to annex certain
property ("Annexation Area No.3") 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. 49 stating its
intention to annex certain property ("Annexation Area No.4") 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.3 and Annexation Area No.4 into the District; and
WHEREAS, on November 25, 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.3 and Annexation Area No.4 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. 3 and
Annexation Area No.4 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.3 and Annexation Area No.4 were heard and a full and
fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2003-56
determining the validity of prior proceedings relative to the annexation of Annexation Area No.
3 and Annexation Area No.4, annexed Annexation Area No.3 and Annexation Area No.4 into
the District and authorized the levy of a special tax within Annexation Area No. 3 and
Annexation Area No.4; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2003-57
which called an election within Annexation Area No. 3 and Annexation Area No. 4 for
November 25, 2003 on the proposition of levying a special tax; and
WHEREAS, on November 25,2003 an election was held within each Annexation Area
No.3 and Annexation Area No.4 in which the eligible electors approved by more than two-
thirds vote the proposition of levying a special tax;
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NOW, THEREFORE, 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), DOES ORDAIN AS FOLLOWS:
Section 1. A special tax is levied within the boundaries of Annexation Area No.3
and Annexation Area No.4 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. 3 and Annexation Area No. 4 prior to the annexation of
Annexation Area No.3 and Annexation Area No.4 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. 2003-56 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.
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INTRODUCED
November
AND ADOPTED upon first reading this 25th
,2003, upon the following roll call vote:
day of
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED upon second reading, this 9th day of
December ,2003.
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
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;zfEST.
City Clerk of the City 0 Lake Elsinore
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STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
I, Vicki Kasad , City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing ordinance was duly adopted by the City Council of said City at a regular or
adjourned regular meeting thereof held on the ~ day of December ,2003, and that it
was so adopted by the following vote:
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE, SCHIFFNER,
BUCKLEY
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS: NONE
By:2[~:- D
City Clerk of the City of Lake Elsinore
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NOTICE OF ADOPTION OF ORDINANCE NO. 1112
NOTICE IS HEREBY GIVEN that on Opr.pmbpr 9, 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. 1112 . A summary of
Ordinance No. 1112 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. llI? was adopted by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER
BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
,2003
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
PARA~DIC SERVICES)
By ?ltO~ ~
City Clerk of the City of Lake Elsinore
Dated: December 18
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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)
I N THE MATTER OF Authorizing
the Levy of a Special Tax Within
Annexation Area No.3 and
Annexation Area No.4 Annexed to
City of Lake Elsinore Community
Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic
Services)
) ORDINANCE NO.
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1112
SUMMARY
The ordinance authorizes levy of an annual special tax within Annexation Area No.3 and
Annexation Area No. 4 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.3 and Annexation Area No.4 prior to the annexation of
Annexation Area No.3 and Annexation Area No.4 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.3 and Annexation Area No.4.
DATED: December 18
,2003
CITY t ,LAKE ELSINORE
BY:?~ y~
City Clerk of the City of Lake Elsinore
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