HomeMy WebLinkAboutOrd. No. 2016-1359 CDF 2015-2 Maintenance Service Authorizing Levy of Special TaxesORDINANCE NO. 2016 -1359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2015 -2 OF THE CITY OF LAKE
ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF
SPECIAL TAXES
WHEREAS, on July 28, 2015, the City Council (the "City Council ") of the City of Lake
Elsinore (the "City ") adopted Resolution No. 2015 -066 declaring its intention to form Community
Facilities District No. 2015 -2 of the City of Lake Elsinore (the "District," which District shall
include the Annexation Property (as defined below) and any additional property annexed to the
District in accordance with the Act (as defined below)) pursuant to the Mello -Roos Community
Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of
the Government Code of the State of California (the "Act "); and,
WHEREAS, on September 22, 2015, after providing all notice required by the Act, the
City Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the proposed levy of a special tax therein to finance certain public
maintenance services described in Resolution No. 2015 -066; and,
WHEREAS, at the September 22, 2015 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District and the proposed levy of the special tax
to finance the maintenance services described in Resolution No. 2015 -066 were heard and a
full and fair hearing was held; and,
WHEREAS, on September 22, 2015, the City Council adopted Resolution No. 2015 -078
which formed the District and called a special election within the District on September 22,
2015, on the propositions relating to the levy of a special tax within the District and the
establishment of an appropriations limit within the District; and,
WHEREAS, pursuant to the written consent and waiver with respect to the timing
requirements of the Special Election pursuant to Section 53326 of the Act of all the qualified
electors within the original boundaries of the District, as set forth in Resolution No. 2015 -066,
the special election was continued to and held on April 26, 2016; and,
WHEREAS, at the April 26, 2016, special election within the District, the qualified
electors approved by more than a two - thirds vote the propositions authorizing the levy of a
special tax within the original boundaries of the District for the purposes described in Resolution
No. 2015 -078 and establishing an appropriations limit for the District; and,
WHEREAS, on March 8, 2016, the City Council adopted Resolution No. 2016 -020
declaring its intention to annex certain property to the District ( "Annexation Property "); and,
WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City
Council conducted a noticed public hearing required by the Act relative to the annexation of the
Annexation Property of the District, the proposed levy of a special tax therein to finance certain
public maintenance services described in Resolution No. 2016 -020; and,
WHEREAS, on April 12, 2016, the City Council adopted Resolution No. 2016 -058
annexing the Annexation Property to the District and called a special election within the
Annexation Property on April 12, 2016, on the proposition relating to the levy of a special tax
within the Annexation Property; and,
Ordinance No. 2016 -1359
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WHEREAS, on April 12, 2016, a special election was held within the Annexation
Property at which the qualified electors approved by more than a two - thirds vote the proposition
authorizing the levy of a special tax within the Annexation Property for the purposes described
in Resolution No. 2016 -020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2015 -2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES)
ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies
special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates
and in accordance with the rate and method of apportionment set forth in Attachment "A" to
Resolution No. 2015 -078, which is incorporated by reference herein (the "Rate and Method ").
The special taxes are hereby levied commencing in the fiscal year specified in the Rate and
Method and in each fiscal year thereafter so long as the services authorized to be financed by
the District, are provided through such financing within the District.
Section 3. Each of the Mayor, the City Manager, the Director of Administrative
Services, or their written designees (each, an "Authorized Officer "), acting alone, is hereby
authorized and directed each fiscal year to determine the specific special tax rates and amounts
to be levied in such fiscal year on each parcel of real property within the District, in the manner
and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the
Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such
parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby
authorized and directed to provide all necessary information to the Treasurer -Tax Collector of
the County of Riverside and to otherwise take all actions necessary in order to effect proper
billing and collection of the special tax, so that the special tax shall be levied and collected in
sufficient amounts and at times necessary to satisfy the financial obligations of the District in
each fiscal year.
Section 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5
of the Act and Section G of the Rate and Method. No other properties or entities are exempt
from the special tax unless the properties or entities are expressly exempted in Resolution No.
2015 -078, Resolution No. 2016 -058, any resolution to annex property to the District or in a
resolution of consideration to levy a new special tax or special taxes or to alter the rate or
method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the
Act, the Rate and Method and Resolution No. 2015 -078.
Section 6. The special tax 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
(which such procedures include the exercise of all rights and remedies permitted by law to make
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as
such procedure may be modified by law or by this City Council from time to time.
Ordinance No. 2016 -1359
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Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall
attest to the Mayor's signature and then cause a summary of the same to be published within
fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general
circulation published and circulated in the City of Lake Elsinore.
Section 8. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
Section 9. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other
acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose
of this Ordinance.
Section 10. A full reading of this Ordinance is dispensed with prior to its final passage,
a written or printed copy having been available to the City Council and the public a day prior to
its final passage.
Section 11. This Ordinance shall take effect thirty days after its final passage.
PASSED, AND ADOPTED this 10' day of May, 2016.
Bria Ti le, Mayor
ATTEST:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LAKE ELSINORE ]
APPROVED A,S TA FO
8-6rbara LeWold
City Attorney
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that
Ordinance No. 2016 -1359 was introduced at the regular City Council meeting of April 26, 2016,
and adopted at the regular meeting of May 10, 2016, by the following roll call vote:
AYES: Council Members Hickman, Johnson and Manos, Mayor Pro Tern Magee, and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk