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HomeMy WebLinkAboutOrd. No. 2017-1367 CFD No. 2007 (Makenna Court) Levy of a Special TaxORDINANCE NO. 2017 -1367 ORDINANCE OF THE CITY COUNCIL OF CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007 -4 (MAKENNA COURT) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT Whereas, on August 28, 2007, the City Council (Council) of the City of Lake Elsinore (City) adopted Resolution No. 2007 -156 stating its intention to form City of Lake Elsinore Community Facilities District No. 2007 -4 (Makenna Court) ( "Community Facilities District No. 2007 -4" or the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Act); and, Whereas, on August 28, 2007, the Council also adopted Resolution No. 2007 -157 stating its intention to incur bonded indebtedness within the District in the amount not to exceed $4,000,000 to finance the facilities and improvements identified in Exhibit "B" to Resolution No. 2007 -156 (collectively, the "Improvements "); and the incidental expenses to be incurred in financing the Improvements and forming and administering the District (Incidental Expenses); and, Whereas, pursuant to Resolution No. 2007 -156, the Council also stated its intention to finance parks, open space and storm drain maintenance services (Services) within the District through the levy of a services special tax in accordance with the Rate and Method (as defined below); and, Whereas, a notice calling a Public Hearing on October 9, 2007, was published as required by law relative to the intention of the City Council to establish Community Facilities District No. 2007 -4 and to incur bonded indebtedness within Community Facilities District No. 2007 -4; and, Whereas, on October 9, 2007, the Council conducted a noticed Public Hearing to determine whether it should proceed with the establishment of Community Facilities District No. 2007 -4, issue bonds for the benefit of Community Facilities District No. 2007 -4 to pay for the Improvements and Incidental Expenses and authorize the rate and method of apportionment of the special taxes in the form attached as Exhibit "A" to Resolution No. 2007 -156 (Rate and Method) to be levied within Community Facilities District No. 2007 -4 for the purposes described in Resolution No. 2007 -156; and, Whereas, at the October 9, 2007, Public Hearing all persons desiring to be heard on all matters pertaining to the establishment of Community Facilities District No. 2007 -4, the levy of the special taxes in accordance with the Rate and Method and the issuance of bonds within Community Facilities District No. 2007 -4 to pay for the cost of the proposed Improvements and Incidental Expenses were heard and a full and fair hearing was held; and, Whereas, after the Public Hearing, on October 9, 2007, the Council adopted Resolution Nos. 2007 -177 (Resolution of Formation) and 2007 -178 (Resolution to Incur Bonded Indebtedness) which formed the District and called a special election on October 9, 2007, within the District on three propositions relating to the levying of the special taxes, the incurring of bonded indebtedness and the establishment of an appropriations limit 'for the District, which were approved by more than two - thirds vote by the qualified electors on October 9, 2007; and, Ord. No. 2017 -1367 Page 2 of 4 Whereas, pursuant to Resolution No. 2007 -179, adopted on October 9, 2007, the Council, acting as the legislative body of Community Facilities District No. 2007 -4, declared the results of the special election and directed the recording of a Notice of Special Tax Lien within Community Facilities District No. 2007 -4; and, Whereas, the District received a petition signed by SAM - McKenna, LLC, an Oregon limited liability company (Owner), which owns land within Community Facilities District No. 2007 -4, the boundaries of which are described in Resolution No. 2007 -156 which petition meets the requirements of Section 53332 of the Act, requesting that the District (i) approve a new rate and method of apportionment for Community Facilities District No. 2007 -4; (ii) increase the amount of bonded indebtedness authorized to be incurred by the District from $4,000,000 to $6,000,000, to finance the Improvements and the Incidental Expenses; and, (iii) to include the services set forth in the definition of "Services" in the Amended and Restated Rate and Method (as defined below) as services authorized to be provided by the District (collectively, the "Changes "); and, Whereas, on October 25, 2016, the Council, acting as the legislative body of Community Facilities District No. 2007 -4, adopted Resolution No. 2016 -119 (Resolution of Consideration) stating its intention to consider the approval of the Changes, including the amended and restated rate and method of apportionment attached to the Resolution of Consideration; and, Whereas, a notice calling a Public Hearing on December 13, 2016, was published as required by law relative to the intention of the Council to consider the approval of the Changes; and, Whereas, on December 13, 2016, this Council conducted a noticed Public Hearing to determine whether it should proceed with the approval of the Changes; and, Whereas, at the December 13, 2016, Public Hearing all persons desiring to be heard on all matters pertaining to the approval of the Amended and Restated Rate and Method were heard and a full and fair hearing was held; and, Whereas, on December 13, 2016, following the close of the Public Hearing, the Council adopted Resolution No. 2016 -146 (Change Resolution), which called a special election on December 13, 2016, within Community Facilities District No. 2007 -4 on the approval of the amended and restated rate and method of apportionment attached to the Change Resolution as Attachment "A" (Amended and Restated Rate and Method) and the increase of principal amount of bonded indebtedness authorized to be issued by the District from $4,000,000 to $6,000,000; and, Whereas, on December 13, 2016, a special election was held within Community Facilities District No. 2007 -4 at which the qualified electors approved by more than a two - thirds vote Proposition A, approving the Amended and Restated Rate and Method for Community Facilities District No. 2007 -4 and Proposition B, approving the increase of principal amount of bonded indebtedness authorized to be issued by the District from $4,000,000 to $6,000,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: The above recitals are all true and correct. Section 2: By the passage of this Ordinance, City Council authorizes the levy of a special tax within Community Facilities District No. 2007 -4 at the maximum rates and in accordance with the Amended and Restated Rate and Method. Ord. No. 2017 -1367 Page 3 of 4 Section 3: The Council is hereby further authorized to determine in each subsequent fiscal year, by ordinance, or by resolution if permitted by then applicable law, on or before August 10th of each year, or such later date as is permitted by law, the specific special tax rate and amount to be levied on each parcel of land in the District pursuant to the Amended and Restated Rate and Method. The special tax rates to be levied pursuant to the Amended and Restated Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special tax may be levied at a lower rate. 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 the Amended and Restated Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the Resolution of Formation and the Change Resolution, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 53334 of the Act. Section 5: All of the collections of the special tax pursuant to the Amended and Restated Rate and Method shall be used as provided for in the Act, the Resolution of Formation and the Change Resolution. The special tax shall be levied within the District only so long as needed for the purposes described in the Resolution of Formation and in the Change Resolution. Section 6: The special tax levied pursuant to the Amended and Restated Rate and Method 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 Council from time to time. Section 7: As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax. Section 8: The Mayor shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within 15 days after its passage at least once in a newspaper of general circulation published and circulated in City. Section 9: This Ordinance relating to the levy of the special tax within the District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. Section 10: The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Riverside County Assessor and Treasurer -Tax Collector, 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. Ord. No. 2017 -1367 Page 4 of 4 Passed and Adopted this 10th day of January, 2017. Attest: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2017 -1367 was introduced at the Regular meeting of December 13, 2016, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of January 10, 2016, by the following vote: AYES: Council Members Hickman, Manos, Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None 1 ABSTAIN: None Susan M. Domen, MMC City Clerk