HomeMy WebLinkAboutOrd. No. 2005-1149
ORDINANCE NO. 1149
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. 12
(BELCARO) ANNEXED TO SAID DISTRICT
WHEREAS, on March 22, 2005, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2005-30
stating its intention to annex certain property ("Annexation Area No. 12
(Belcaro )") 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. 12 (Belcaro) into the
District; and
WHEREAS, on April 26, 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. 12 (Belcaro) 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. 12 (Belcaro) 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. 12 (Belcaro) were heard and
a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005- 44 determining the validity of prior proceedings relative to the
annexation of Annexation Area No. 12 (Belcaro), annexed Annexation Area No.
12 (Belcaro) into the District and authorized the levy of a special tax within
Annexation Area No. 12 (Belcaro); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005- 45 which called an election within Annexation Area No. 12 (Be1caro) for
April 26, 2005 on the proposition of levying a special tax; and
45367598.1
WHEREAS, on April 26, 2005 an election was held within each Annexation
Area No. 12 (Belcaro) 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. 12 (Belcaro) 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. 12 (Belcaro)
prior to the annexation of Annexation Area No. 12 (Belcaro) 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- 44 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.
45367598.1
2
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 PASSED UPON FIRST READING BY TITLE
ONL Y this 26th day of April, 2005, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY
TITLE ONLY this 10th day of May, 2005, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, HAGEE,
SCHIFFNER
COUNCILMEMBERS: NONE
NOES:
~
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
By:
. Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
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 26th day of
April, 2005, and presented for second reading by title only for adoption on the lOth day of
May, 2005, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
~ST~~/ CfUNCILMEMBERS:
CKI KASArf-gIT~~:LERK
CITY OF LAKE ELSINORE
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. 1149 of said Council, and that the same has not been amended or repealed.
~aY 11,2005
VIC~ ~SULERK
CITY OF LAKE ELSINORE
(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 foregoing Ordinance was introduced and read by title only on the 26th day of
April, 2005, and presented for second reading by title only for adoption on the 10th day of
May, 2005, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
~ST~I~/ CfUNCILMEMBERS:
CKI KASArf~LERK
CITY OF LAKE ELSINORE
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. 1149 of said Council, and that the same has not been amended or repealed.
~aY 11,2005
VIC~ ~S~LERK
CITY OF LAKE ELSINORE
(SEAL)