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HomeMy WebLinkAboutCC Reso No 2009-46 County Fund Numbers: See Attached RESOLUTION NO. 2009-46 F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING.THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES WITHIN THE CFD WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act'), being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 95-1 (LAKE ELSINORE CITYCENTER PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 98-1 (SUMMERHILL PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY) COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) COMMUNITY FACILITIES DISTRICT NO. 2005-5 (WASSON CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA) COMMUNITY FACILITIES DISTRICT NO. 2006-5 Page 1 of 6 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) COMMUNITY FACILITIES DISTRICT NO. 2007-6 (HOLIDAY INN EXPRESS) (hereinafter referred to as the "CFD"); and WHEREAS, in Resolution No. 91-19 adopted on February 26, 1991, the "Resolution of Intention", Resolution No. 91-30 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted April 9, 1991; and Ordinance No. 913 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)", adopted April 23,1991; and WHEREAS, in Resolution No. 95-68 adopted on October 10, 1995, the "Resolution of Intention", Resolution No. 95-78 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted November 14,1995; and Ordinance No.1006 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)", adopted November 28, 1995; and WHEREAS, in Resolution No. 98-7 adopted on June 9, 1998, the "Resolution of Intention"; and Resolution No. 98-15 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, Establishing Community Facilities District No. 98-1, Authorizing the Levy of a Special Tax Within Community Facilities District No. 98-1, and establishing an Appropriations Limit', adopted June 23, 1998; and WHEREAS, in Resolution No. 2003-21 adopted on June 24, 2003, the 'Resolution of Intention'; Resolution No. 2003-37 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES), and Authorizing the Levy of a Special Tax Within said District', adopted August 12, 2003; and WHEREAS, in Resolution No. 2003-50 adopted on October 14, 2003, the "Resolution of Intention"; Resolution No. 2004-6 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills)", adopted January 13, 2004, and Ordinance No. 1114 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax" adopted January 13, 2004, Authorizing the Levy of a Special Tax Within Community Facilities District No. 2003-2 (CANYON HILLS), and establishing an Appropriations Limit', adopted June 23, 1998; and WHEREAS, in Resolution No. 2004-77 adopted the "Resolution of Intention" on December 28, 2004; Resolution No. 2004-38 entitled 'Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Page 2 of 6 CC Resolution No. 2009-46 Establishing City of Lake Elsinore Community Facilities District No. 2004-3 (ROSETTA ~i CANYON)" adopted March 22, 2005, and Ordinance No.1148, Authorizing the Levy of a Special Tax adopted March 22, 2005; and WHEREAS, in Resolution No. 2004-70 adopted the "Resolution of Intention", on December 14, 2004; Resolution No. 2005-10 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-1 (SERENITY)", adopted January 25, 2005, and Ordinance No. 1139, Authorizing the Levy of a Special Tax, adopted January 25, 2005; and WHEREAS, in Resolution No. 2005-62 adopted the "Resolution of Intention" on July 12, 2005; Resolution No. 2005-138 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-2 (ALBERHILL RANCH)" adopted September 13, 2005, and Ordinance No.1163, Authorizing the Levy of a Special Tax adopted September 13, 2005; and WHEREAS, in Resolution No. 2005-54 adopted the "Resolution of Intention" on June 28, 2005; Resolution No. 2005-104 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-5 (WASSON CANYON)" adopted August 9, 2005, and Ordinance No. 1156, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, in Resolution No. 2005-76 adopted the "Resolution of Intention" on July 26, 2005; Resolution No. 2005-141 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-6 (CITY CENTER TOWNHOMES)" adopted September 13, 2005, and Ordinance No.1164, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, in Resolution No. 2006-08 adopted the "Resolution of Intention" on January 24, 2006; Resolution No. 2006-30 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-1 (SUMMERLY)" adopted February 28, 2006, and Ordinance No.1171, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, in Resolution No. 2006-20 adopted the "Resolution of Intention" on February 9, 2006; Resolution No. 2006-52 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-2 (VISCAYA)" adopted April 25, 2006, and Ordinance No. 1177, Authorizing the Levy of a Special Tax adopted April 25, 2006; and WHEREAS, in Resolution No. 2006-41 adopted the "Resolution of Intention", on March 28, 2006; Resolution No. 2006-56 entitled 'Resolution of Formation of the City Page 3 of 6 CC Resolution No. 2009-46 1 Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, i Establishing City of Lake Elsinore Community Facilities District No. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)", adopted May 9, 2006, and Ordinance No. 1179, Authorizing the Levy of a Special Tax, adopted May 9, 2006; and WHEREAS, in Resolution No. 2007-205 adopted the "Resolution of Intention" on December 11, 2007; Resolution No. 2008-17 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007- 6 (HOLIDAY INN EXPRESS)" adopted January 22, 2008, and Ordinance No. 1244, Authorizing the Levy of a Special Tax adopted January 22, 2008; and WHEREAS, all special taxes in the CFD were levied without regard to property valuation. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the portion of the principal, interest and other costs related to the CFD due or coming due through June 30, 2010 be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). SECTION 2. That the properties to be so assessed and the related amounts are submitted on CD as requested by the Riverside County Tax Collector, further identified as the following County Fund Numbers: SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. Fund No. CFD No. 68-2352 2003-1 68-2366 98-1 68-2367 88-3 68-2372 95-1 68-4400 2005-6 68-8701 2005-1 68-8705 2006-2 68-8707 2006-5 68-8708 2005-5 68-8709 2003-21A-A 68-8710 2003-21A-B 68-8713 2003-2 Fire Tax 68-8714 2004-31A-1 Page 4 of 6 CC Resolution No. 2009-46 Fund No. CFD No. 68-8715 2004-31A-2 68-8716 2005-21A-A 68-8717 2005-21A-B 68-8719 2005-2 Services Tax i 68-8721 2005-5 Services Tax 68-8722 2006-1 68-8725 2006-1 Services Tax 68-8726 2006-2 Services Tax 68-8743 2007-6 i PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of July, 2009 by the following vote: AYES: Bhutta, Buckley, Hickman, Magee NOES: None ABSENT: Melendez ABSTAIN: None R E MAGEE MAYOR ATTEST: BORA THOMSEN &1TY CLERK ' . APPROVED AS TO FORM: RBARA ID LEIBOLD CITY ATTORNEY Page 5 of 6 CC Resolution No. 2009-46 CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2009-10 Fund Total Total Number CFD No. Parcels Charges 68-2352 2003-1 3,888 $1,328,217.96 68-2366 98-1 422 $1,143,272.80 68-2367 88-3 1,901 $3,619,302.00 68-2372 95-1 7 $120,275.06 68-4400 2005-6 144 $249,013.44 68-8701 2005-1 233 $641,377.16 68-8705 2006-2 168 $487,372.72 68-8707 2006-5 28 $33,529.36 68-8708 2005-5 135 $360,998.00 68-8709 2003-21A-A 594 $905,715.16 68-8710 2003-2 IA-B 655 $1,291,428.60 68-8711 2003-21A-C 86 $161,882.58 68-8713 2003-2 Fire Tax 504 $245,166.72 68-8714 2004-31A-1 509 $1,454,570.50 68-8715 2004-31A-2 522 $1,706,612.42 68-8716 2005-21A-A 427 $1,599,603.70 68-8719 2005-2 Services Tax 276 $72,295.44 68-8721 2005-5 Services Tax 135 $35,361.90 68-8722 2006-1 10 $28,408.66 68-8725 2006-1 Services Tax 10 $2,619.40 68-8726 2006-2 Services Tax 168 $44,005.92 68-8743 2007-6 1 $5,100.00 C i Page 6 of 6 CC Resolution No. 2009-46 J~ I STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE I CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby certify that the attached Resolution No. 2009-46 was dul~ approved and adopted by the City Council at the regular meeting thereof held on the 28` day of July, 2009. Attached is a true and correct copy of the original document which is on file in my office. EXECUTED this 29th day of July, 2009, at the City Clerk's office of Lake Elsinore, California. Debora Thomsen, 6M.Q City Clerk of the City of Lake Elsinore Californ')a C