HomeMy WebLinkAboutOrd. No. 2004-1123
ORDINANCE NO. 1123
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.7
(CITY CENTER TOWNHOMES PHASE II) AND ANNEXATION AREA
NO.8 (VISCAYA) ANNEXED TO SAID DISTRICT
WHEREAS, on April 13, 2004, the City Council (the "Council") of the City of Lake
Elsinore, California (the "City") adopted Resolution No. 2004-20 stating its intention to annex
certain property ("Annexation Area No.7 (City Center Townhomes 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 April 13, 2004, the Council adopted Resolution No. 2004-21 stating its
intention to annex certain property ("Annexation Area No. 8 (Viscaya)") 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.7 (City Center Townhomes Phase II) and Annexation
Area No.8 (Viscaya) into the District; and
WHEREAS, on May 25, 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.7 (City
Center Townhomes Phase II) and Annexation Area No.8 (Viscaya) 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.7 (City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya)
to finance certain public services; and
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WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the annexation of Annexation Area No. 7 (City Center Townhomes Phase II) and Annexation
Area No.8 (Viscaya) were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004- .3 S'.
determining the validity of prior proceedings relative to the annexation of Annexation Area No.
7 (City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya), annexed Annexation
Area No. 7 (City Center Townhomes Phase II) and Annexation Area No. 8 (Viscaya) into the
District and authorized the levy of a special tax within Annexation Area No.7 (City Center
Townhomes Phase II) and Annexation Area No.8 (Viscaya); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004- 3Co
which called an election within Annexation Area No. 7 (City Center Townhomes Phase II) and
Annexation Area No.8 (Viscaya) for May 25, 2004 on the proposition of levying a special tax;
and
45367598.1
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WHEREAS, on May 25, 2004 an election was held within each Annexation Area No.7
(City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya) in which the eligible
electors approved by more than two-thirds vote the proposition oflevying 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. 7
(City Center Townhomes Phase II) and Annexation Area No. 8 (Viscaya) 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.7 (City
Center Townhomes Phase II) and Annexation Area No. 8 (Viscaya) prior to the annexation of
Annexation Area No.7 (City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya)
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."
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Section 3. All of the collections of the special tax shall be used as provided for in
the Act and Resolution No. 2004- .:)5" 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 ofthe City, and to post at the main office ofthe 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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45367598.1
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INTRODUCED AND PASSED upon first reading by title only, this 25th day of May,
2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED upon second reading by title only, this 8th day
of June, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
ATfEST:
?J:Jl~r~
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
APPROVED AS TO FORM: