HomeMy WebLinkAboutOrd. No. 2006-1205
ORDINANCE NO. 1205
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. 21 (RIVERLAKE VILLAS)
ANNEXED TO SAID DISTRICT
WHEREAS, on October 24, 2006, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2006-177
stating its intention to annex certain property (Annexation Area No. 21 (Riverlake
Villas) ("Annexation Area No. 21")) 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. 21 into the District; and
WHEREAS, on November 28, 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. 21 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. 21 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. 21 were heard and a full and
fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-202 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 21, annexed Annexation Area No. 21 into the District and
authorized the levy of a special tax within Annexation Area No. 21; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-203 which called an election within Annexation Area No. 21 for November
28, 2006 on the proposition of levying a special tax; and
CITY COUNCIL ORDINANCE NO. 1205
PAGE20F4
WHEREAS, on November 28, 2006 an election was held within each
Annexation Area No. 21 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. 21 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. 21 prior to the
annexation of Annexation Area No. 21 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. 2006-202 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.
CITY COUNCIL ORDINANCE NO. 1205
PAGE30F4
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.
INTRODUCED AND APPROVED UPON FIRST READING this 28th
day of November, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1205
PAGE40F4
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this Ith day of December, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
Frederick ay, CMC, City Clerk
City of Lake Elsinore
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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. 21
(Riverlake Villas) Annexed to
City of Lake Elsinore
Community Facilities District
No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 1205 SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation
Area No. 21 (Riverlake 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. 21 (Riverlake Villas) prior to the annexation of
Annexation Area No. 21 (Riverlake 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. 21 (Riverlake Villas).
DATED:
, 2006 CITY OF LAKE ELSINORE
By:
Frederick Ray, CMC, City Clerk