HomeMy WebLinkAboutOrd. No. 2004-1115
ORDINANCE NO. 1115
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.5
(LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA
MARTINIQUE) ANNEXED TO SAID DISTRICT
WHEREAS, on January 13, 2004, 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.5 (La Laguna Phase II)") 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 January 13, 2004, the Council adopted Resolution No. 49 stating its
intention to annex certain property ("Annexation Area No. 6 (Villa Martinique)") into the
District pursuant to the Act; and
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WHEREAS, notice was published as required by law relative to the intention of the
Council to annex Annexation Area No.5 (La Laguna Phase II) and Annexation Area No.6 (Villa
Martinique) into the District; and
WHEREAS, on February 24,2004 this Council held a noticed public hearing as required
by law relative to the determination to proceed with the annexation of Annexation Area No. 5
(La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) 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.5 (La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) 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. 5 (La Laguna Phase II) and Annexation Area No. 6
(Villa Martinique) were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-~
determining the validity of prior proceedings relative to the annexation of Annexation Area No.
S (La Laguna Phase II) and Annexation Area No.6 (Villa Martinique), annexed Annexation
Area No.5 (La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) into the District
and authorized the levy of a special tax within Annexation Area No.5 (La Laguna Phase II) and
Annexation Area No.6 (Villa Martinique); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-JL
which called an election within Annexation Area No. 5 (La Laguna Phase II) and Annexation
Area No.6 (Villa Martinique) for February 24,2004 on the proposition of levying a special tax;
and
45367598.1
WHEREAS, on February 24, 2004 an election was held within each Annexation Area
No.5 (La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) 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 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.5
(La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) pursuant to the formula set
forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to
fmance 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.5 (La Laguna Phase II)
and Annexation Area No.6 (Villa Martinique) prior to the annexation of Annexation Area No.5
(La Laguna Phase II) and Annexation Area No.6 (Villa Martinique) into the District, periodic
costs, and costs of the tax levy and collectiolJ.. .
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. 2004-l 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 AND APPROVED UPON FIRST READING this 24th day of
February, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
HICKMAN, MAGEE,
SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BUCKLEY
ABSTAIN: COUNCILMEMBERS;
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of March, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
HICKMAN, MEGEE, KELLEY, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
AfST: .
2tJ}~ L~)
VICKI KASAD, CMC, CIty CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
EXHIBIT "A"
BEFORE THE CITY COUNCIL-OF THE CITY OF LAKE ELSINORE IN ITS
CAP ACITY 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.5 (La Laguna
Phase II) and Annexation Area No.
6 (Villa Martinique) Annexed to
City of Lake Elsinore Community
Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic
Services)
) ORDINANCE NO. 2004 -11 \,{ SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation Area No.5 (La
Laguna Phase II) and Annexation Area No. 6 (Villa Martinique) 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. 5 (La Laguna Phase II) and Annexation Area No. 6 (Villa Martinique) prior to the
annexation of Annexation Area No.5 (La Laguna Phase II) and Annexation Area No.6 (Villa
Martinique) 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. 5 (La Laguna
Phase II) and Annexation Area No.6 (Villa Martinique).
DATED: Jv\ D-.i- c\r-
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45367598.1
,2004
CITY OrAKE E~SINORE
By: 20'G~" ~J
Vicki Kasad, City C erk
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 on the 24th day of
February, 2004, and presented for second reading by title only for adoption on the 9th day of March,
2004, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
SENT:
COUNCILMEMBERS:
NONE
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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1115 of said Council, and that the same has not been amended or repealed.
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erA D: March 1.5' 2004
, tJJ . )/ J
CA.- lr~d_
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)