HomeMy WebLinkAboutOrd. No. 2005-1142
ORDINANCE NO. 1142
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. 10 (LA
LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT
WHEREAS, on January 25, 2005, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2005-2
stating its intention to annex certain property ("Annexation Area No. 10 (La
Laguna Phase 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, notice was published as required by law relative to the
intention of the Council to annex\ Annexation Area No. 10 (La Laguna Phase 3)
into the District; and
WHEREAS, on March 8, 2005 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of
Annexation Area No. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3) were
heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-18 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 10 (La Laguna Phase 3), annexed Annexation Area No. 10
(La Laguna Phase 3) into the District and authorized the levy of a special tax
within Annexation Area No. 10 (La Laguna Phase 3); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-19 which called an election within Annexation Area No. 10 (La Laguna
Phase 3) for March 8, 2005 on the proposition of levying a special tax; and
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WHEREAS, on March 8, 2005 an election was held within each Annexation
Area No. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3) 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. 10
(La Laguna Phase 3) prior to the annexation of Annexation Area No. 10 (La
Laguna Phase 3) 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. 2005-18 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,
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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 APPROVED UPON FIRST READING this 8th day
of March, 2005, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: HICKMAN
NOES:
ABSENT:
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day
of March, 2995, upon the following roll call vote:
AYES:
COUNCILMEMBERS: HICKMAN, KELLEY, IV:AGEE, SCHIFFNER
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BUCKLEY
ABSTAIN:
COUNCILMEMBERS:
Robert E. Magee ayor
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A~ST:
2Lit U
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
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