HomeMy WebLinkAboutOrd. No. 2005-1158
ORDINANCE NO. 1158
AN 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. 14
(LAKE VIEW VILLAS) ANNEXED TO SAID DISTRICT.
WHEREAS, on July 12, 2005, the City Council (the "Council") of the City of
Lake Elsinore, California (the "City") adopted Resolution No. 2005-64 stating its
intention to annex certain property ("Annexation Area No. 14 (Lakeview Villas)") 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. 14 (Lakeview Villas) into the District; and
WHEREAS, on August 23, 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. 14 (Lakeview Villas) 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. 14 (Lakeview Villas) 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. 14 (Lakeview Villas) were heard
and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-117 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 14 (Lakeview Villas), annexed Annexation Area No. 14 (Lakeview
Villas) into the District and authorized the levy of a special tax within Annexation Area
No. 14 (Lakeview Villas); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-118 which called an election within Annexation Area No. 14 (Lakeview Villas) for
August 23,2005 on the proposition of levying a special tax; and
WHEREAS, on August 23, 2005 an election was held within each Annexation
Area No. 14 (Lakeview Villas) in which the eligible electors approved by more than two-
thirds vote the proposition of levying a special tax.
CITY COUNCIL ORDINANCE NO. 1158
Page 2 of7
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. 14 (Lakeview Villas) 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. 14 (Lakeview Villas) prior to the
annexation of Annexation Area No. 14 (Lakeview Villas) 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- 118 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. If any provision, clause, sentence or paragraph of this Ordinance or the
application thereof to any person or circumstance shall be held invalid, such invalidity shall not
affect the other provisions of this Ordinance and are hereby declared to be severable.
SECTION 7. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
CITY COUNCIL ORDINANCE NO. 1158
Page 3 of7
INTRODUCED AND APPROVED UPON FIRST READING this 23 day of
August, 2005.
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
13th day of September, 2005 upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
SECOND READING CONFIRMINED AND APPROVED FOR
PUBLICATION this 10th day of January 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
CITY COUNCIL ORDINANCE NO. 1158
Page 4 of7
Frederick Ray, Deputy City Clerk
City of Lake Elsinore
STATE OF CALIFORNIA
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)ss.
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COUNTY OF RIVERSIDE
I, Frederick Ray, Deputy 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 13th day of September, 2005, and
that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Frederick Ra, eputy City Clerk
City of Lake Elsinore
NOTICE OF ADOPTION OF ORDINANCE NO. 2005-1158
NOTICE IS HEREBY GIVEN that on September 13, 2005, 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. 1158. A summary of Ordinance No. 1158 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. 1158 was adopted by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
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 PARAMEDIC
SERVICES)
Dated: ).pflJe/YIw (J , 2005
By
Frederick Ra ,
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
(LA W ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 14 (Lakeview Villas)
Annexed to City of Lake
Elsinore Community Facilities
District No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 2005 - 1158
SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation Area
No. 14 (Lakeview Villas) 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. 14 (Lakeview
Villas) prior to the annexation of Annexation Area No. 14 (Lakeview Villas) 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. 14 (Lakeview
Villas).
DATED: ~t0(y11&( /1
, 2005 CITY OF LAKE ELSINORE
Frederick Ra , Deputy City Clerk