HomeMy WebLinkAboutOrd. No. 2006-1179
ORDINANCE NO. 1179
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. 2006-5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
AUTHORIZING THE LEVY OF A SPECIAL TAX
WHEREAS, on March 28, 2006, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2006-41
stating its intention to form the City of Lake Elsinore Community Facilities
District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (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 form the District; and
WHEREAS, on May 9, 2006 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the formation of the
District and the rate and method of apportionment and manner of collection of the
special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District by the District were heard and a full and
fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-56 determining the validity of prior proceedings relative to the formation of
the District, established the District and authorized the levy of a special tax within
the District; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-57 which called an election within the District for May 9, 2006 on the
proposition of levying a special tax; and
WHEREAS, on May 9, 2006 an election was held within the District in
which the eligible electors approved by more than two-thirds vote the proposition
of levying a special tax.
CITY COUNCIL ORDINANCE NO. 1179
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. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), DOES
ORDAIN AS FOLLOWS:
SECTION 1. A special tax is levied within the boundaries of the District
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
parks, open space and storm drain maintenance services that are in addition to
those provided in the territory within the District prior to the formation of 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- 56 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. 1179
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 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. 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 9th
day of May, 2006, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 23 day of May, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
R rt E. Magee, M
City of Lake Elsinor
CITY COUNCIL ORDINANCE NO. 1179
Page 4 of 4
Frederick Ray, Cit Clerk
City of Lake Elsinore
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
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 City of Lake
Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm
Drain Maintenance ) (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 Property or Developed Multi-Family
Property shall be exempt from the Maximum Annual Special Taxes of the District.
Definitions
"Assessor's Parcel" means 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" means the City of Lake Elsinore, California.
"Developed Multifamily Unit" means a residential dwelling unit within a
building in which each of the individual dwelling units has or shall have at least
one common wall with another dwelling unit and a building permit has been issued
by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in
which the Special Tax is being levied.
"Developed Non-Residential Property" means all Assessor's Parcels for
which a building permit was issued by the City for any type of non-residential use
on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being
levied.
"Developed Single Family Unit" means a residential dwelling unit other
than a Developed Multifamily Unit on an Assessor's Parcel for which a building
permit has been issued by the City on or prior to May 1 preceding the Fiscal Year
in which the Special Tax is being levied.
"Fiscal Year" means the period beginning on July 1 and ending on the
following June 30.
"Maximum Special Tax" means the maximum Special Tax that can be
levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No.
2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the
Service Area, and the applicable Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating
Fund at the end of the preceding Fiscal Year.
"Service Area" means parks, open space, and storm drains.
"Special Tax" means any of the special taxes authorized to be levied within
CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount determined in any Fiscal
Year for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the
Service Area, including maintenance, repair and replacement of certain
components of the Service Area which have been accepted and maintained or are
reasonably expected to be accepted and maintained during the current Fiscal Year,
(ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based
on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less (iv)
the Operating Fund Balance, as determined by the CFD Administrator.
"U nit" means 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 the Special Tax
Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year,
the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all
Assessor's Parcels of Non-Residential Property, up to the applicable Maximum
Special Tax to fund the Special Tax Requirement.
The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per
Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545
per Acre for each Assessor's Parcel of Non-Residential Property.
On each July 1, commencing July 1, 2006, the Maximum Special Tax shall
be increased by two percent (2.00%) of the amount in effect in the prior Fiscal
Year.
Duration of the Special Tax
The Special Tax shall be levied in perpetuity to fund the Special Tax
Requirement, unless no longer required as determined at the sole discretion of the
City Council.
Collection of the Special Tax
The Special Tax shall be collected in the same manner and at the same time
as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5
may collect the Special Tax at a different time or in a different manner if necessary
to meet its funding requirements.
NOTICE OF ADOPTION OF ORDINANCE NO. 1179
NOTICE IS HEREBY GIVEN that on May 9,2006, 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. 2006-5 (Parks,
Open Space and Storm Drain Maintenance), held a public hearing and adopted
Ordinance No. 1179. A summary of Ordinance No. 1179 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. 1179 was adopted by the following vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
ABSENT:
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. 2006-5 (PARKS, OPEN SPACE AND STORM
DRAIN MAINTENANCE)
Dated: May 23, 2006
By
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. 2006-5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within City of
Lake Elsinore Community
Facilities District No. 2006-5
(Parks, Open Space and Storm
Drain Maintenance)
) ORDINANCE NO. 1179 SUMMARY
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The ordinance authorizes levy of an annual special tax within City of Lake
Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm
Drain Maintenance ) (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
parks, open space and storm drain maintenance services that are in addition to
those provided in the territory within the District prior to the formation of the
District, which is necessary to meet increased demands placed upon the City as a
result of development or rehabilitation occurring within the District.
DATED: May 23, 2006
CITY OF LAKE ELSINORE
By: L~ V
Frederick RaY, City Clerk