HomeMy WebLinkAboutOrd. No. 2005-1162
ORDINANCE NO. 1162
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. 13 (VILLAGES AT WASSON
CANYON) 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. 13 (Villages at Wasson
Canyon)") 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. 13 (Villages at Wasson Canyon) into the
District; and
WHEREAS, on September 13,2005 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of
Annexation Area No. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon)
were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-134 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 13 (Villages at Wasson Canyon), annexed Annexation Area No. 13
(Villages at Wasson Canyon) into the District and authorized the levy of a special tax
within Annexation Area No. 13 (Villages at Wasson Canyon); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-135 which called an election within Annexation Area No. 13 (Villages at Wasson
Canyon) for September 13,2005 on the proposition of levying a special tax; and
WHEREAS, on September 13,2005 an election was held within each Annexation
Area No. 13 (Villages at Wasson Canyon) in which the eligible electors approved by
more than two-thirds vote the proposition of levying a special tax.
CITY COUNCIL ORDINANCE NO. 1162
Page 2 of 4
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. 13 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson
Canyon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson Canyon)
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. 2005-135 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.
CITY COUNCIL ORDINANCE NO. 1162
Page 3 of 4
SECTION 7. 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.
CITY COUNCIL ORDINANCE NO. 1162
Page 4 of 4
INTRODUCED AND APPROVED UPON FIRST READING this 13 day of
September, 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 27
day of September, 2005, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HICKMAN
ABSTAIN: COUNCILMEMBERS: NONE
SECOND READING CONFIRMINED AND APPROVED FOR
PUBLICATION this loth 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: NONE
Robert E. Magee, ayor
City of Lake Elsinore
CITY COUNCIL ORDINANCE NO. 1162
Page 5 of 4
eibold, City Attorney
lsinore
COUNTY OF RIVERSIDE
)
)ss.
)
STATE OF CALIFORNIA
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 27 day of September, 2005, and
that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
HICKMAN
ABSTAIN:
COUNCILMEMBERS: ;NE
By:hL g!
Frederick Ray, eputy City Clerk
NOTICE OF ADOPTION OF ORDINANCE NO. 1162
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. 1162. A summary of Ordinance No. 1162 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. 1162 was adopted by the following vote:
AYES: COUNCILMEMBERS:
BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
HICKMAN
ABSTAIN: COUNCILMEMBERS:
NONE
Dated: ~~~ /5 , 2005
CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE
LEGISLA TIVE BODY OF THE CITY OF
LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC
SEZ
By ~
Frederick Ray,neputy City Clerk