HomeMy WebLinkAboutCC Reso No 1991-27RESOLUTIONNO. 91-2~
A RESOLU't'ION OF FOIiMATION OF CITY OF I,AHE IISINORE
COMMiJI~TITY FACILITIES DISTRICT NO. 91-2 (SUNIlVIF~2.HII.i. PUBLIC
IIHPROVIIV~NTS), AUTHOIiI~II~TG THE I~:VY OF A SPECIAL TAX WIT'HI11V THE
DISTRICT, PItELIIVIIIVARII~Y ESTABLISHIlVG AN APPROPItiATIONS LiNIIT FOR
TH~ DTSTItICT AND SUBNIITTING LF.'VY OF THE SPECIAL TAX AND THE
ESTABLLSIDI'~NT OF THE APPROPR.iA'I'IONS LIMPr TO TH~ QUALIFIED
ELECTORS OF THE DLSl~i.ICT
City of Lake Elsinore
Community Faciliiaes District No. 91-2
(5ummerhill Public Improvements)
RESOLVED by the City Council of the City of Lake Elsinore (the "City") that:
WIIER~A5, on February 26, 1991, this City Council adopted a resolution entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982"
(the "Resolution of Intention"), stating its intention to form the City of Lake Elsinore
Community Facilities District No. 91-2 (Summerhill Public Improvements) (the
"District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the District and stating the facilities to be financed, the cost of providing
such facilities, and the rate and method of apportionment of the special tax to be levied
within the District to pay the principal and interest on bonds proposed to be issued with
respect to the District, is on £ile with the City Clerk and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this City Councii held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed formation of
the District; and .
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the formation and extent of the District, the facilities to be provided
therein and the levy of said special tax were heard and a full and fair hearing was held;
and
WHEREAS, at said hearing evidence was presented to this City Council on said
matters before it, including a report by the Director of Public Works (the "Report") as to
the facilities to be provided through the District and the costs thereof, a copy of wluch is
on file with the City Clerk, and this City Council at the conclusion of said hearing was
fully advised with respect to the premises; and
WIiEREAS, copies of the Report and the revised list of facilities to be financed and
rate and method of apportionment of the special taxes have been delivered to the
landowners within the District prior to the date hereof; and
WHEREAS, written protests with respect to the formation of the District, the
furnishing of specified types of facilities and the rate and method of apportionment of the
special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the
registered voters residing within the territory of the District or property owners of one-
half (1/2) or more of the area of land within the District and not exempt from the special
ta~c; and
WHER~AS, the special tax proposed to be levied in the District to pay for the
proposed facilities to be provided therein, as set forth in Exhibit B hereto, has not been
eliminated by protest by fifty percent (50%) or more of the registered voters residing
within the territory of the District or the owners of one-hal£ (1/2) or more of the area of
land within the District and not exempt from the special tax.
NOW, THER.EFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been precluded
by majority protest pursuant to Section 53324 of the Act.
3. All prior proceedings taken by this City Council in connection with the
establishment of the District and the levy of the special tax have been duly considered and
are hereby found and determined to be valid and in conformity with the Act.
4. The community facilities district designated "City of Lake Elsinore Community
Facilities District No. 91-2 (Summerhill Public Improvements)" is hereby established
pursuant to the Act.
6. The boundaries of the District, as set forth in the map of the District heretofore
recorded in the Riverside County Recorder's Office in Book 31 at Pages 60-66 of Maps of
Assessment and Community Facilities Districts, are hereby approved, aze incorporated
herein by reference and shall be the boundaries of the District.
6. The type of public facilities pmposed to be financed by the District and pursuant
to the Act shall consist of those items listed as facilities on Exhibit A attached hereto and
by this reference incorporated herein (the "Facilities").
7. Except to the extent that funds are otherwise available to the District to pay for
the Facilities and/or the principal and interest as it becomes due on bonds of the District
issued to finance the Facilities, a special tax suffficient to pay the costs thereof, secured by
a continuing lien against all non-exempt real property in the District, is intended to be
levied annually within the District, and collected in the same manner as ordinary ad
valorem property taxes. The proposed rate and method of apportionment of the special
tax among the parcels of real property within the District, in sufficient detail to allow
each landowner within the proposed District to estimate the probable maximum amount
such owner will have to pay, are described in Exhibit B attached hereto and by this
reference incorporated herein.
8. It is hereby found and determined that the Facilities are necessary to meet
increased demands placed upon local agencies as the result of development occurring in
the District.
9. The Director of Administrative Services of the City of Lake Elsinore, 130 South
Main Street, Lake Elsinore, California 92330, telephone number (714) 674-3124, is the
officer for the City which will be responsible for preparing annually a current roll of
special tax levy obligations by assessor's parcel number and which will be responsible for
estimating future special tax levies pursuant to Section 533402 of the Act.
10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
California Streets and Highways Code, a continuing lien to secure each levy of the special
tax shall attach to all nonexempt real property in the District and tlus lien shall continue
in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until collection of the tax by the City
ceases.
11. In accordance with Section 53325.7 of the Act, the annual appropriations limit,
as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of
the District is hereby preliminarily established at $3,000,000 and said appropriations limit
shall be submitted to the voters of the District as hereafter provided. The proposition
establishing said annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 63325.7 of the Act.
12. Pursuant to the provisions of the Act, the proposition of the levy of the special
tax and the proposition of the establishment of the appropriations limit specified above
shall be submitted to the qualified electors of the District at an election, the time, place
and conditions of which shall be as specified by a separate resolution of this City Council.
***a*~*****
PASSED AND ADOPTED tlus 9th day of April, 1991, by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
(S E A L)
By. ~.~ . r dC/~tl~,d\
Vicki Kasad, City Clerk
City of Lake Elsinore
Approved as to Form & Legality:
NONE
NONE
~
~~ ~'' --
,y M. Washburn, Mayor
Citv of Lake Elsinore
John R. f9arper, i H~orney
City of Lake E1 in re
E~TT A
DESCItIPTION OF FACILITIES TO BE FIlVANCID
BY THE DLSTitICT
City of Lake Elsinore
Community Facilities District No. 91-2
(Summerhill Public Improvements)
FACILITIES:
1. Grading. The grading for the public streets, public access roads and public
utilities within and for the District.
2. Street Improvements. The street improvements consist of the curbs,
gutters, sidewalks, paving, street lights, storm drain and utilities in the public streets
and public easements within and in the vicinity of the District. ,
3. Domestic Water. The domestic water system consists of a reservoir,
pumping station, distribution mains and appurtenances' in the public streets and public
easements within and in the vicinity of the District.
4. Sanitary Sewer. The sanitary sewer system consists of the gravity sewers,
manholes, and appurtenances in the public streets and public utility easements within
and in the vicinity of the District.
6. Parks and Recreation Facilities. The parks and recreation facilities within
and for the district consist of the grading, landscaping, irrigation, walkways, apparatus,
facilities and appurtenances.
OTHER:
1. Costs of engineering, design, planning and coordination related to the
above-listed facilities.
2. Bond related expenses, including bond counsel and all other incidental
expenses.
3. Administrative fees of the City, the Lake Elsinore Public Financing
Authority and any Bond fiscal agent related to the District and the Bonds.
A-1
rl
~~~ :;
dr'1's. S Sv.:
~~~..
. L'~~ 4 t.e.--~.;~~
+~{;y«:.
. . ~.,xi..,,„~{.iJ!.~~'~
:«~(
r
~ ~'
.. . . .;''~' ,.
... 1
EXFIIBTI' B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
CITY OF LAI~ ELSINORE
Community Facilides District No. 91-2
(Summerhill Public Improvements)
A special tax shall be levied on each Parcel of land within the City of Lake Elsinore
Community Facilities District No. 91-2 (Summerhill Public Improvements)(the "District"),
and collectecl according to the special tax liability detercnined by the Responsible Parry of
the City of Lake Elsinore (the "City") through the application of the following procedures.
All of the progerry within the District, unless otherwise exempted by 1aw or the express
provisions of the rate and method of apportionment expressed below, shall be taxed to the
extent and in the manner provided below.
It is intended that all special taxes applicable to Parcels within Category I, Category III or
Category V be collected in the same manner and at the same time as ordinary ad valorem
property taxes, and that special taxes so levied will be subject to the same penalties and
procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes,
subject to any covenant of the City with respect thereto in any Fiscal Agent Agreement for
any bonds of the City for the District. Special taxes applicable to Categories II az~d N will
be levied at die times described below, and will be collected directly by the Responsible
Party of the Ciry as described below.
CATEGORIES OF SPECIAL TAX
CATEGORY I:
Category I includes all Taxable Property in the District not subject to a special tax under
Category III or Category V. The Category I special tax will be levied annually.
Lot number 238 of Tract 20705 will be subject to special tax under Category I until Dwelling
Units in lot number 238 aze subject to Category V special tax or until other than multiple-
family residences aze approved for lot number 238. Lot number 239 of Tract 20705 will be
subject to special tax under Category I until Dwelling Units in lot number 239 aze subject
to Category V special tax or until other than multiple-family residences aze approved for lot
number 239.
The maximum special tax that may be levied on Parcels within Category I during the Fiscal
Year ending June 30, 1991 is $20,000 per acre (said amount to be levied pro rata for any
portion of an acre) of a Pazcel. Said maximum special tae shall increase each Fiscal Year
thereafter by 2%, compounded annually.
- B-1
CATEGORY II:
The Category II special tax is a one-time tax, payable at the time of approval of a final map
with respect to a PazceL
The Category II special tax is calculateci by subtracting the number of Parcels shown on the
final map from the number of estimated Pazcels in a track as shown in the following table.
The applicable special tax is calculated by multiplying the difference by the tax rate
described in the table below.
If the boundaries of the tracts shown in any final map are not the same as the expected
boundaries as shown on the map attached hereto and by this reference incorporated herein,
the Responsible Parry will reapportion the Projected Developable Parcels as shown in the
table below to the actual land area of the final map in such a way that there is no loss of
Parcels. The special tax rate applicable to such a tract will be the highest nte applicable to
any one of its component tracts as shown in the table below.
CATEGORY II
Special Tax for Each
Developable Pazcel by .
Projected Which Final map is Less
Developable Than the Projected
Tnct No. Parcels Developable Pazcels
20704 226 $23,205
20705 236 $26,786
(ezcept Lot
no. 238 and
Lot no. 239)
The special tax rates shown in this table aze for the Parcels for which a final map is recorded
in the Fiscal Yeaz ending June 30, 1991. The special tax rate for Parcels for which a final
map is recorded in subsequent years shall increase each Fiscal Yeaz thereafter by 2%,
compounded annually.
B-2
;::.,
, ~,n~;~.,;
Y ~ t Y,';'
r"~~~.
~F'ryr~.x i ..
. . : ~ l+^~*§,,,~ ,-
~;;~ t
. - `C':`i':
, ~'';,
CATEGORY III:
Any Parcel for which a final map 1-as been recorded and for which Category II special taxes
have been paid, if applicable, will be classified in Category III, until such time as a building
pemut has been issued. If Category II special taxes are applicable to the Parcel but have not
been paid when due, such Parcels on a final map wi11 continue to be classified in Category
L
The maxiinum special tax applicable to Pazcels in Category III is shown below for ttie Fiscal
Year ending June 30, 1991. The maximum special tax nte for the Pazcels classified in
Category III shall increase each Fiscal Year thereafter by 2%, compounded annually•
If the boundaries of a tract shown in anY final maP aze not the same as the expected
boundaries shown for such tract on the map attached hereto, the mauimum special tax
applicable to Parcels in such tract will be the highest maximum special tax applicable to any
one of its component prior tracts based on the attached map and as shown in the table below.
CATEGORY III
Maximum
Tnct No. Speciai Tax
20704 $3,090
20705 $3,565
B-3
~ ~,.
,, ~~.
~~_ .
.~ < ,,:.;:
'.~1{:'. :14i..
4 ~
....: } .....:.
` ..V
CATEGORY IV:
The Category IV special tax is a one-time tax payable at the time of the issuance of a
building pernut, based on the calculation of Category IV special tax per the following
schedule. The applicable special tax per Pazcel or Dwelling Unit is calculated as shown in
the following table, based on the average projected square foot per Parcel or Dwelling Unit
as shown below.
CA TEGORY IV
Average Projected
Square Feet
Tract No. per Parcel
20704 2,149
20705 2.200
(except Lot no.
238 and Lot no.
239)
Average Projected
Tract No. Squaze Feet Projected Developable
20705 per Dwelling Unit Dwelling Units
Lot no. 238 1,250 224
Lot no. 239
If the boundaries of the tract shown in any final map aze not the same as the expec[ed
boundaries shown for such tract on the attached map, the average projected squaze footage
per Parcel will be the highest average projected square footage for any of its component
tracts as shown on the attached map.
B-4
~ nyd4..•%l
\ ~ rv~;"
. , A1 ,),: ...
e N~ .; _
. . ¢t ,~t..~..
r"„3,:~'..
. .. ':,'.'i,'..;...
Tract No.: -
CALCULATION OF CATEGORY IV TAX
~
1.
2.
3.
4.
5.
6.
1.
2.
3.
4.
5.
6.
Average Projected Squaze Feet per Pazcel or Dwelling Unit
Number of Building Pemuts Already Issued
Square Feet of Building Pemrits Already Issued
Number of Building Permits Requested
Square Feet of Building Permits Requested
Total of Items 2 and 4
7, 7. Total of Items 3 and 5
g, 8. Average Square Feet To-Date (Item 7 divided by Item 6)
9. 9. If Item 8 is Equal to or Greater than Item 1,
There is no Tax Due
10. 10. Item 1 minus Item 8
11. 11. Item 10 Mulriplied by Item 6
12, 12. Applicable Category V Square Foot Special Tax
13. 13. Item 11 Multiplied by Item 12
14. 11.58 14. Present Value Factor
15. 15. Item 13 Multiplied by Item 14
16. 16. Amount Previously Paid in Tract (from prior calculations)
1~, 17. Item 15 minus Item 16
lg, 18. One-Time Tax per Parcel or Dwelling Unit on Building
permiu Being Requested (Item 17 divided by Item 4)
B-5
CATEGORY V:
Category V includes all Pazcels or Dwelling Units for which a building permit has been
issued and for which a Category II and N special tax has been paid, if applicable. If for any
reason a Category II or N special tax is or was payable, but not paid when due, Pazcels and
Dwelling Units for which a building permit has been issued will be taaced at the races
applicable to Taxable Property described in Category I.
The maximum special tax for Pazcels and Dwelling Units described in Category V for the
Fiscal Year ending 7une 30, 1991 is the total of $515.00 per Pazcel or Dwelling Unit plus
$0.76 per Square Foot for each Square Foot shown on the building permit.
Each Fiscal Yeaz thereafter, the per Pazcel or Dwelling Unit and the per Squaze Foot rate
listed above will increase by 2%, compounded annually. A Pazcel or Dwelling Unit will be
subject to the Category V special tax for not more than 30 yeazs.
ASSIGNMENT TO CATEGORIES; LEVY
ANNUAL TAX CATEGORIES
On or about 7uly 1 of each yeaz, but in any event in sufFicient time to include the levy of the
special taxes on the County's secured tax roll, the Responsible Party shall detemune, for
each Pazcei of land or Dwelling Unit within the District, whether such Parcel or Dwelling
Unit is described by Category I, Category III or Category V. The Parcels and Dwelling
Units sabject to lery shall be deternuned based upon the reeords of the Riverside County
Assessor as of the Mazch 1 preceding such July 1, and the Tax Category shall be determined
based upon the status of the Pazcel or Dwelling Unit as of the May 1 preceding such
July L
The Responsible Party shall then determine the estimated aggregate Tax Liability for the
Fiscal Yeaz commencing such July 1, and the amount of annual special taxes to be levied on
each Pazcel and Dwelling Unit in the District during such Fiscal Year. The annual special
taxes shall be determined for each Pazcel or Dwelling Unit in the District as follows:
1. I.evy on each Parcel or Dwelling Unit described in Category V an amount
equal to 94% of the Category V maximum special tax.
2. If the aggregate amount to be levied based on 1 above is greater than the
aggregate Tax Liability for such Fiscal Yeaz, reduce the special tax for each Pazcei and
Dwelling Unit described in Category V proportionately, so that the aggregate special tax levy
for such Fiscal Yeaz for all Pazcels and Dwelling Units within the District is equal to the
aggregate Tax Liability for such Fiscal Year.
B-6
Y j~~t
F ~
~YZ''~1~t~.'
. j 11~ Q.ry.~i:
.. . ~.It ~I,S~y:::
~.'M'
,'4;t,-,.
~ ;:
,~ _.
3. If the aggregate amount to be levied based on 1 above is less than the
aggregate Tax Liability for such Fiscal Yeaz, levy on each Pazcel and Dwelling Unit
described in Category V as provided in 1 above, and levy on each Parcel described in
Category III an amount equal to 75 % of the Category III maxunum special tax.
4. If the aggregate amount to be levied based upon 3 above is greater than tha
aggregate Ta~c Liability for such Fiscal Year, reduce the special tax levy for each Parcel
described in Category III proportionately, until the aggregate special ta~c levy for such Fiscal
Year for all Parcels within the District is equat to the aggregate Tax Liability for such Fiscal
Year.
5. If the aggregate amount to be levied based upon 3 above is less than the
aggregate Tax Liability for such Fiscal Yeaz, levy as described in 3 above, and levy on each
Parcel described in Category I an amount equal to 50% of the Category I maximum special
tax.
6. If the aggregate amount to be levied based upon 5 above is greater than the
aggregate Tax Liabiliry for such Fiscai Year, reduce the special tax levy for each Parcel
described in Category I proportionately, until the aggregate special tax levy for such Fiscal
Year for all Pazcels within the District is equal to the aggregate Tax Liability for such Fiscal
Year.
7. If the aggregate amoun[ to be levied based upon 5 above is less than the
aggregate Tax Liability for such Fiscal Year, levy on each Pazcel and Dwelling Unit
described in Category V an amount equal to 100% of the Category V maximum special tax,
levy on each Parcei described in Category III an aznount equal to 75% of the Category III
maximum special tax, and levy on each Parcel described in Category I an amount equal to
50% of the Category I maximum special tax.
$, If the aggregate amount to be levied based upon 7 above is greater than the
aggregate Tax Liability for such Fiscal Yeaz, reduce the special tax levy for each Parcel and
Dwelling Unit described in Category V proportionately, until the aggregate special tax
liability for such Fiscal Yeaz for all Parcels and Dwelling Units within the District is equal
to the aggregate Tax Liability for such Fiscal Yeaz.
9. If the aggregate amount to be levied based upon 7 above is less than the
aggregate Tax Liability for such Fiscal Yeaz, lery on each Pazcel and Dwelling Unit
described in Category V or Parcel described in Category III an amount eq~al to 100 % of the
Category V or Category III, respecrively, maximum special tax, and levy on each Parcel
described in Category I an amount equal to 50% of the Category I maximum special tax.
10. If the aggregate amount to be levied based upon 9 above is greater than the
aggregate Tax Liability for such Fiscal Year, reduce the special tax levy for each Parcel
described in Category III proportionately, until the aggregate special tax liability for such
Fiscal Year for all parcels within the District is equal to the aggregate Tax Liability for such
Fiscal Year.
B-7
11. If the aggregate amount to be levied based upon 9 above is less than the
aggregate Tax Liability for such Fiscal Yeaz, levy on each Parcel described in Category I>
III or V or Dwelling Unit described in Category V an amount equal to the maximum special
tax described in Category I, III or V, respectively.
12. If the aggregate amount to be levied based upon il above is greater than t}-e
aggregate Tax Liability for such Fiscal Yeaz, reduce the special tax levy for each Parcel
described in Category I proportionately, until the aggregate special tax liability for such
Fiscal Year for all Pazcels within the District is equal to the aggregate Tax Liability for such
Fiscal Year.
ONE-TIlVIE TAX CATEGORIES
On the date of approval of a final map with respect to any portion of the real property in the
District, the Responsible parry shall levy and collect a special tax in the amount dcscribed
above for Category II.
On the date a building permit is issued for any Pazcel or Dwelling Unit within the District,
the Responsible Party shall levy and collect a special tax in the amount described above for
Category IV.
Failure to pay a Category II or Category N special tax when due shall result in the
applicable Parcel or Dwelling Unit remaining subject to a Category I special tax,
notwithstanding that the Parcel would otherwise be described in Category III or Category V.
pREPAYMENTS
Prepayments may be made only for property subject to tax under Category V. Any property
owner in the District that desires to prepay the annual special taxes on a particular Parcel or
Dwelling Unit, shall notify the Responsible Party in writing of such intention and the
estimated amount of prepayment no more than sixty (60) days and no less than forty-five (45)
days prior to date of such prepayment, which date (the Prepayment Date) shall be a date
which is sixty (60) days prior to an interest payment date for the Bonds. The entire annual
special taxes for any Pazcel or Dwelling Unit in the District may be prepaid on a Prepayment
Date as follows:
(a) The Parcel or Dwelling Unit with respect to which prepayment is to be made
must not be delinquent in any payment of special taxes previously levied
within the District. Prepayment shall not relieve any property owner from
paying those special taxes which have already become due and payable, and
a Notice of Cessation of Special Tax Lien shall not be recorded against any
Parcel or Dwelling Unit pursuant to California Government Code Section
53344, until all special ta~ces with respect to that Pazcel or Dwelling Unit have
been paid.
B-8
,:;,, ~;
~ti.
".~,;:
.,,:;
(b) The aggregate maximum annual special taxes for the Pazcel or Dwelling Unit
with respect to which prepayment is to be made, as of the Prepayment Date,
shall be calcu]ated based upon the maximum annual special taxes described by
Category V that coutd be levied on that Parcel or Dwelling Unit in all future
years.
(c) The net present value of the fuwre annual special taxes calculated above will
be determined based on an interest rate of eight percent (8 °lo), which may be
decreased or increased by the Responsible Party to reflect the net interest costs
on the Bonds.
(d) Any applicable prepayment premium on the Bonds shall be applied to the
aggregate amount determined under (c) above.
(e) The amount to be prepaid for any Parcel or Dwelling Unit of property shall
be the sum of the amounts calculated for that Parcel or Dwelling Unit under
paragraphs (c) and (d) above, plus the reasonable cosu and expenses of
perfornung the calculations, preparing and recording the Notice of Cessation
of Special Tax Lien and any other acts or procedures required to be performed
in connection with the prepayment, as deterrnined by the Responsible Party.
DEFINTTIONS
Administrative Fees or Expenses means any or all of the following: the fees and expenses
of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City
in canying out its duties with respect to the District (inciuding, but not limited to, the levy
and collection of the special taxes) including the fees and expenses of its counsel, any fees
of the County of Riverside related to the District or the collection of special taxes, an
allocable share of the salaries of the City staff directly related thereto and a proportionate
amount of City general administrative overhead related thereto, any amounts paid by the City
from its general funds with respect to the District or the Bonds, and all other costs and
expenses of the Ciry or the Fiscal Agent incuned in connection with the discharge of their
respective duties under the Fiscal Agency Agreement and, in the case of the City, in any way
related to admuustration of the District.
Bonds means any bonds of the City issued for the District under Mello-Roos Community
Facilities Act of 1982, as amended.
City means the City of Lake Elsinore.
Debt Service, for each Fiscal Year, is the total annuat pnncipal and interest payment on the
Bonds during the calendar year which commences in such Fiscal Yeaz, less any capitalized
interest and any other amounts remaining in the debt service fund held under the Fiscal
Agent Agreement as of the end of the previous Fiscal Year (other than by reason of the
payment of Category II and N special taxes).
B-9
,
:~.~
District means the City of Lake Elsinore Community Facilities District No. 91-2
(Summerhill Public Improvements).
Dwelling Unit means only dwelling units from Lot no. 238 of Tnct 20705 or Lot no. 239
from Tract 20705.
Fiscal Agent means the Fiscal Agent under the Fiscal Agent Agreement.
Fiscal Agent Agreement means the agreement by that name approved by the Resolution of
Issuance, and as it may be amended and/or supplemented from time to time.
-- Fiscal Year means the period starting_on July i and ending the following 7une 30.
Parcel means any Riverside County Assessor's Parcel or portion thereof that is within tha
boundaries of the District based on the equalized tax rolls of the County of Riverside.
Resolution of Issuance is any Resolution adopted by the City authorizing the issuance of
Bonds.
Responsible Pazty is any person or persons who the City may appoint from time to time to
compute the levy of the special taxes within the District.
Square Foot or Square Feet is the square footage of a single family dwelling unit measured
at the exterior walls, but excl~ding (i) garages, carports, roof overhangs, passageways and
patios which are both unenclosed and uncovered, and (ri) tool sheds, greenhouses and similar
detached strucwres.
Tax Categories are those categories set forth in the body hereof.
Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal
Year, Admuvstrative Fees or Expenses for such Fiscal Year, an amount detemrined by the
Responsible Party to offset past delinquencies and projected tax delinquencies to occur in
such Fiscal Year, and all payments required to be made in the applicable Fiscal Year under
the Fiscal Agent Agreement for the Bonds and any supplements thereto.
Taxable Property is all real property within t1-e boundaries of the District which is not
exempt from the speciai tax pursuant to law, except that the following property shall not be
taxed: any acres of land owned, conveyed or irrevocably offered for dedication to a public
agency (other than the Federal Government or agency deriving its authority from Federal law
(such as the Resolution Trust Corporation)), or ]and wiuch is a public right of way or which
is an unmaruied utility easement malang irnpractical its utilization for other than the purpose
set forth in the easement.
B-10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of
said Council on the 9th day of April, 1991, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VIZ;KI-Z,YN 'ICASAD, CITY CLERK
CITY OF' LA E ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 91-27 0£ said Council, and that the
same has not been amended or repealed.
DAT,.ED: April 10, 1991
..,
CSTY OF LA .LSINORE