HomeMy WebLinkAboutOrd. No. 2006-1169
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ORDINANCE NO. 1169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, 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. 16 (TR 32129) ANNEXED TO SAID
DISTRICT
WHEREAS, on December 13,2005, the City Council (the "Council") of the City
of Lake Elsinore, California (the "City") adopted Resolution No. 2005-168 stating its
intention to annex certain property ("Annexation Area No. 16 (TR 32129)") 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. 16 (TR 32129) into the District; and
WHEREAS, on January 24, 2006 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of
Annexation Area No. 16 (TR 32129) 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. 16 (TR 32129) 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. 16 (TR 32129) were heard and a full
and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-17 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 16 (TR 32129), annexed Annexation Area No. 16 (TR 32129) into
the District and authorized the levy of a special tax within Annexation Area No. 16 (TR
32129); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-18 which called an election within Annexation Area No. 16 (TR 32129) for January
24, 2006 on the proposition of levying a special tax; and
WHEREAS, on January 24, 2006 an election was held within each Annexation
Area No. 16 (TR 32129) in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
CITY COUNCIL ORDINANCE NO. 1169
Page 2 of3
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. 16 (TR 32129) 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. 16 (TR 32129) prior to the
annexation of Annexation Area No. 16 (TR 32129) 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. 2006-19 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 relating to the levy of the special tax takes effect
and shall be in force from and after thirty (30) days after the date of its 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. 1169
Page 3 of3
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.
INTRODUCED AND APPROVED UPON FIRST READING this 24th 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
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of February 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KElLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
/1
Frederick Ray, . y Clerk
City of Lake Elsinore
NOTICE OF ADOPTION OF ORDINANCE NO. 1169
NOTICE IS HEREBY GIVEN that on January 24, 2006, 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. 1169. A
summary of Ordinance No. 1169 follows and is marked as Exhibit "B". At said time and
place the testimony of all interested persons or taxpayers for or against said ordinance
was heard.
Ordinance No. 1169 was adopted by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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 ENFORCEM NT, FIRE AND
PARAMEDIC SERVICES)
Dated: J~\Cifc.h J
, 2006
By
EXHIBIT A
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RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction ofa Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
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Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
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CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction ofa Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
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EXHIBIT B
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 (LAW ENFORCEMENT, FIRE
AND PARAMEDIC SERVICES)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 16 (TR 32129)
Annexed to City of Lake
Elsinore Community Facilities
District No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 1169 SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation Area
No. 16 (TR 32129) 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. 16 (TR 32129) prior to the
annexation of Annexation Area No. 16 (TR 32129) 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. 16 (TR 32129).
DATED: t11c;<.r~ 2-
, 2006 CITY OF LAKE ELSINORE
By:
Frederick Ra