HomeMy WebLinkAboutOrd. No. 2006-1180
ORDINANCE NO. 1180
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. 18 (APNS 377-231-013 AND -014)
ANNEXED TO SAID DISTRICT
WHEREAS, on March 28, 2006, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2006-40
stating its intention to annex certain property ("Annexation Area No. 18 (APNs
377-231-013 and -014)") 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. 18 (APNs 377-231-013 and
-014) into 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 annexation of
Annexation Area No. 18 (APNs 377-231-013 and -014) 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. 18 (APNs 377-231-013 and -014) 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. 18 (APNs 377-231-013 and-
014) were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-59 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 18 (APNs 377-231-013 and -014), annexed Annexation Area
No. 18 (APNs 377-231-013 and -014) into the District and authorized the levy of a
special tax within Annexation Area No. 18 (APNs 377-231-013 and -014); and
CITY COUNCIL ORDINANCE NO. 1180
Page 2 of 4
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-60 which called an election within Annexation Area No. 18 (APNs 377-231-
013 and -014) for May 9,2006 on the proposition of levying a special tax; and
WHEREAS, on May 9,2006 an election was held within each Annexation
Area No. 18 (APNs 377-231-013 and -014) in which the eligible electors approved
by more than two-thirds vote the proposition of levying a special tax.
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. 18 (APNs 377-231-013 and -014) 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. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation
Area No. 18 (APNs 377-231-013 and -014) 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. 2006-59 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
CITY COUNCIL ORDINANCE NO. 1180
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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. 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. 1180
Page 4 of 4
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:
NOES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
ATTEST:
~d
Frederick Ray, City Clerk
City of Lake Elsinore
eibold, City Attorney
Elsinore
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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 of a 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.
NOTICE OF ADOPTION OF ORDINANCE NO. 1180
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. 2003-1 (Law
Enforcement, Fire and Paramedic Services), held a public hearing and adopted
Ordinance No. 1180. A summary of Ordinance No. 1180 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. 1180 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. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) II Ii
Dated: May 23, 2006 By ~/O/
Frederick R~City Clerk
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. 18
(APNs 377-231-013 and -014)
Annexed to City of Lake
Elsinore Community
Facilities District No. 2003-1
(Law Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 1180 SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation
Area No. 18 (APNs 377-231-013 and -014) 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. 18 (APNs 377-231-013 and -014) prior to
the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) 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. 18
(APNs 377-231-013 and -014).
DATED: May 23, 2006
CITY OF LAKE ELSINORE
By:
Frederick Ray,