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HomeMy WebLinkAboutNotice of Public HearingTHE PRESS- ENTERPRISE 3450 Fourteenth Street Riverside CA 92501 -3878 951 - 684 -1200 951 - 368 -9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press - Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 2011 -1290 1 am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS - ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 06 -19 -11 1 Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Jun. 19, 2011 At: Riverside, California rA. 1 ,j LA E ELSINORE, CITY OF 130 S MAIN ST LAKE ELSINORE CA 92530 Ad #: 10696478 PO #: Agency #: Ad Copy: NOTICE NOTICE is hereby given that the City Council of the City of Lake Elsinore adopted Ordinance No. 2011 -1290 at its regular meeting of June 14, 2011, and is printed as follows: ORDINANCE NO. 2011-1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COM- MUNITY FACILITIES DISTRICT NO.2007 -1 (LAW ENFORCEMENT, FIRE AND PARA- MEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN AN- NEXATION AREA NO. 2 (POTTERY COURT) ANNEXED TO SAID DISTRICT WHEREAS, on April 12, 2011, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2011 -022 stating its in- tention to annex certain property (Annexation Area No. 2 (Pottery Court) ( "Annexation Area No. 21) into City of I nke FWriore Communitv Facilities District No. 2007 -1 "District") pursuant to the Mello -Roos Community Facil- ities 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 Annex- ation Area No. 2 into the District, and WHEREAS, on May 24, 2011 this Council held a no- ticed public hearing as required by law relative to the determination to proceed with the annexation of Annex- ation Area No. 2 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. 2 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of An- nexation Area No. 2 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2011.031 determining the valid- ity of prior proceedings relative to the annexation of An- nexation Area No. 2, annexed Annexation Area No.2 into the District and authorized the levy of a special tax within Annexation Area No. 2; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2011 -032 which called an elec- tion within Annexation Area No. 2 for May 24, 2011 on the proposition of levying a special tax; and WHEREAS, on May 24, 2011 an election was held within each Annexation Area No. 2 in which the eligible electors approved by more than two- thirds vote the proposition of levying a special tax. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARA- MEDIC SERVICES), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the bound- aries of Annexation Area No. 2 pursuant to the formula setforth 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 ara- medic services that are in addition to those providped in the territory within Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 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 forthe nextfls- ca I 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. 2011 -031 oft eCouncil. 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 deliquency 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 passagge at least once in a newspaper of general) circulation pub- lished and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a cer- tified 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 orthe application thereof to any person or circumstance shall be held Invalid, such invalidity shall not affect the other provisions of this or- dinance 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 betransmitted tothe Clerk of the Board of Supervisors of Riverside County, the As- sessor 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. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, Califor- nia, on this 14th day of June, 2011. AMY BHUTTA, MAYOR ATTEST: �pD VIRGINIA BLOOM, CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Devel- oped Residential Property and Developed Multi - Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2007.1 (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 is- sued 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 indi- vidual 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 end - ing on the following June 30. Maximum Annual Special Taxes. The maximum an- nual special taxes levied within the District for any Fis- cal Year. Unit. Each separate residential dwelling e unit, which comprises an independent facility capabl of convey- ance 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, 2007, the City shall determine which of the Assessor's Parcels within the District constitute Developed Resi- dential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2007.08, 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 $416 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 21%, commencing in Fiscal Year 2008 -09, and each Fis- cal 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 An- nual 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. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 2011 -1290 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 24th day of May, 2011, and was finallyy passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 14th day of June, 2011, by the fol- lowing roll call vote: AYES: 4 Council Members Hickman, Mclen- dez, Mayor Pro Tern Magee and Mayor Bhutto NOES: 0 ABSENT: 1 Council Member Tisdale ABSTAIN: 0 VIRGINIA BLOOM, CITY CLERK 6/19 THE PRESS - ENTERPRISE 3450 Fourteenth Street Riverside CA 92501 -3878 951 - 684 -1200 951 - 368 -9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press - Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 2011 -1290 1 am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS- ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 06 -19 -11 1 Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Jun. 19, 2011 At: Riverside, California U E ELSINORE, CITY OF 130 S MAIN ST MAKE ELSINORE CA 92530 Ad #: 10696478 PO #: Agency #: Ad Copy: NOTICE NOTICE is hereby given that the City Council of the City of Lake Elsinore adopted Ordinance No. 2011 -1290 at its regular meeting of June 14, 2011, and is printed as follows: ORDINANCE NO. 2011-1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COM- MUNITY FACILITIES DISTRICT NO.2007 -1 (LAW ENFORCEMENT, FIRE AND PARA- MEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN AN- NEXATION AREA NO. 2 (POTTERY COURT) ANNEXED TO SAID DISTRICT WHEREAS, on April 12, 2011, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2011 -022 stating its in- tention to annex certain properly (Annexation Area No. 2 (Pottery Court) ( "Annexation Area No. 2 ,')) into City of I nka Fkinnre Cnmmunity Facilities District No. 2007 -1 WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annex- ation Area No. 2 into the District; and WHEREAS, on May 24, 2011 this Council held a no- ticed public hearing as required by law relative to the determination to proceed with the annexation of Annex- ation Area No. 2 into the District and the rate and method of apportionment and manner of collection of the s ecial tax to be levied within Annexation Area No. 2 to fiance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of An- nexation Area No. 2 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2011 -031 determining the valid- ity of prior proceedings relative to the annexation of An- nexation Area No. 2, annexed Annexation Area No.2 into the District and authorized the levy of a special tax within Annexation Area No. 2; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2011 -032 which called an elec- tion within Annexation Area No. 2 for May 24, 2011 on the proposition of levying a special tax; and WHEREAS, on May 24, 2011 an election was held within each Annexation Area No. 2 in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARA- MEDIC SERVICES), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the bound- aries of Annexation Area No. 2 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 para- medic services that are in addition to those provided in the territory within Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 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 forthe nextfis- cal year, except thatthe 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. 2011 -031 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 some penalties and the some procedure and sale in cases of deliquency 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 pass" at at least once in a newspaper of general circulation pub- lished and circulated within the territorial Wrisdiction of the City, and to post at the main office of the City a cer- tified 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 orthe application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this or- dinance 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 As- sessor 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. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, Califor- nia, on this 14th day of June, 2011. AMY BHUTTA, MAYOR ATTEST: VIRGINIA BLOOM, CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX introduction Special taxes shall be annually levied on all Devel- oped Residential Property and Developed Multi- Family Property (as hereinafter defined) in the Cifv of Lake Elsinore Community Facilities District No. 20 7 -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 Developed Multi- Family Property. Assessor's Parcels in the District for which a building permit has been is- sued by the City on or prior to March 1 preceding the Fiscal Year forthe construction of a Unit that is located or shall be located within a building in which each indi- vidual 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 priorto March 1 preceding any Fiscal Year for the construction of a U nit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and end- ing on the following June 30. Maximum Annual Special Taxes. The maximum an- nual special taxes levied within the District for any Fis- cal Year. Ea Unit. ch separate residential dwelling unit, which comprises an independent facility capable of convey- ance 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, 2007, the City shall determine which of the Assessor's Parcels within the District constitute Developed Resi- dential Properly or Developed Multi - Family Property. Beginning in Fiscal Year 2007 -08, 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 $416 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2008 -09, and each Fis- cal 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 some 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 An- nual 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. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 2011 -1290 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 24th day of May, 2011, and was finally passed at o regular meeting oft he City Council of the Ci of Lake Elsinore held on the 14th day of June, 2011, by the fol- lowing roll call vote: AYES: 4 Council Members Hickman, Mclen- dez, Mayor Pro Tern Magee and Mayor Bhutto NOES: 0 ABSENT: 1 Council Member Tisdale ABSTAIN: 0 VIRGINIA BLOOM, CITY CLERK 6/19