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Home My WebLink AboutCC Reso No 2004-11BRESOLUTION NO. 2004- 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (L,AW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, Califomia {the "City"), has heretofore adopted Resolution No. 2004-3 stating its intention to annex certain property ("Annexation Area No. 5(La Laguna Phase II)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, asamended, (the "AcY'); and WHEREAS, the Council has heretofore adopted Resolution No. 2004-4 stating its intention to annex certain property ("Annexation Area No. 6(Villa Martinique)") into the District pursuant to the Act; and WHEREAS, a copy of Resolution No. 2004-3, incorporating a description and map of the proposed boundaries of Annexation Area No. 5(La Laguna Phase II) and setting forth the rate and method of apportionment and manner of collection of the special ta~c to be levied within Annexation Area No. 5(La Laguna Phase II), which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the temtory within Annexation Area No. 5(La Laguna Phase II) prior to the annexation of Annexation Area No. 5(La Laguna Phase II) to the Districf and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 5(La Laguna Phase II), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, a copy of Resolution No. 2004-4, incorporating a description and map of the proposed boundaries of Annexation Area No. 6(Villa Martinique) and setting forth the rate and method of apportionment and manner of collection of the special taac to be levied within Annexation Area No. 6(Villa Martinique), which will be used 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. 6(Villa Martinique) prior to the annexation of Annexation Area No. 6(Villa Martinique) to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 6(Villa Martinique), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2004-3 and Resolution No. 2004-4 set Februazy 24, 2004 as the date of thepublic hearing on the annexation of Annexation Area No. 5(La Laguna Phase II) and Annexation Area No. 6(Villa Martinique) to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 5(La Laguna Phase II) 453G7576.1 and Annexation Area No. 6(Villa Martinique) to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; NOW, THEREFORE, 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 53325.1(b) ofthe Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. Annexation Area No. 5(La Laguna Phase II) and Annexation Area No. 6 (Villa Martinique) is hereby annexed into the District. Section 3. The description and map of the boundaries of Annexation Area No. 5(La Laguna Phase II) on file in the City Clerk's office and as described in said Resolution No. 2004- 3 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 5(La Laguna Phase II). The map of the proposed boundaries of Annexation Area No. 5(La Laguna Phase II) has been recorded in the Office of the County Recorder of Riverside County, California in Book ~, page ~ of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 100~4 - oobs 4 4 3 Section 4. The description and map of the boundaries of Annexation Area No. 6 (Villa Martinique) on file in the City Clerk's office and as described in said Resolution No. 2004-4 and incotporated herein by reference, shall be the boundaries of Annexation Area No. 6 (Villa Martinique). The map of the proposed boundazies of Annexation Area No. 6(Villa Martinique) has been recorded in the Office of the County Rewrder of Riverside County, California in Book55, page ~(O of the Book of Maps of Assessments and Commu~ity Facilities Districts (Instrument Number aCp4 _ ). oo6s99y Section 5. Except where funds are otherwise available, there shall be levied annuaily in accordance with procedures contained in the Act, a special taac sufficient 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. 5(La Laguna Phase II) and Annexation Area No. 6(Uilla Martinique) prior to the annexation thereof to the District and do not suppiant services aiready available within the territory proposed to be included in Annexation Area No. 5 (La Laguna Phase II) and Annexation Area No. 6(Villa Martinique) and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special taac and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shalt be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 5(La Laguna Phase II) and Annexation Area No. 6(Villa Martinique). 45367576.1 2 Section 6. Upon recordation of a notice of special ta~c lien pursuant to Section 3114.5 of the Streets and Highways Code, a conrinuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 5(La Laguna Phase In and Annexarion Area No. 6(Villa Martinique), and this lien shall continue in force and effect until the special taac obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the taac by the City ceases. Section 7. The Council finds that the proposed public services are necessazy to meet the increased demand put upon the City as a result of the development within Annexation Area No. 5(La Laguna Phase II) and Annexation Area No. 6(Villa Martinique). Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. S(La Laguna Phase In or Annexation Area No. 6(Villa Martinique) for the exclusive purpose of financing law enforcement, fire and paramedic services. Section 9. Written protests against annexation of Annexation Area No. 5(La Laguna Phase II) or Annexation Area Na 6(Villa Martinique), or against the fumishing of specified services or facilities or the levying of a specified special tax withiri Annexation Area No. 5(La Laguna Phase II) or Annexation Area No. 6(Villa Martinique), have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (i/2) or more of the azea of land within Annexatiom Area No. 5(La Laguna Phase II) or Annexation Area No. 6 (Villa Martinique). Section 10. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 9253Q (909) 674-3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. Section 11. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special taac, and the establishment of the appropriation limit: 45367576.1 3 PASSED, APPROVED AND ADOPTED this 24 day of February , 2004. CTTY OF LAKE ELSINORE T m Bu y, a+ asse~s~6.i 4 Vicki Kasad, City Cierk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) )ss. ) I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at a regular or adjourned regular meeting thereof held on the 24th day of February , 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NE , ~ ` ;. By: ,u' ~, Vicki Kasad, City Clerk 45367576.( EXHIBIT A , 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 ta~ces shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Faciliries District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricY'), in accordance with the rate and method of apportionxnent of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Mulri-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Deftnitions 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 shal] be located within a building in which each individual Units has or shall have at least one common wall with another Urut. Developed Residential Property. All other Assessor's Parcels in the Dish-ict for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the consttuction 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 Tcues. The maximum annual special taxes levied within the District for any Fiscal Yeaz. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Methad of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Yeaz, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Muiti-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City 45367576.1 shall levy the Masimum Annual Special Taxes on each Assessor's Parcel of Developed Residenrial 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 Mvcimum Annuai Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Ma~cimum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem properiy 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 talces. The Ma~cimum Annual Special ta~ces when levied shall be secured by the lien imposed pursuant to Secfion 3115.5 of the Streets and Highways Code. This lien shall be a conrinuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall conrinue in force and effect unril the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. 45367576.1 ~]