HomeMy WebLinkAbout0010_2_ANNEX 2015-2 PASADENA - Exhibit A ResoRESOLUTION NO. 2016-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA,DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A
MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO.
2) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES
THEREIN
WHEREAS,on September 22, 2015, the City Council (the “City Council”) of the City of Lake
Elsinore (the “City”) approved Resolution No. 2015-078 establishing Community Facilities
District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside,
State of California, defined the "CFD No. 2015-2", for the purpose of levying special taxes on
parcels of taxable property therein for the purpose of providing certain services which are
necessary to meet increased demands placed upon the City; and
WHEREAS,the City Council has received a written instrument from the landowner in the CFD
No. 2015-2 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD
No. 2015-2 and consenting to the shortening of election time requirements, waiving analysis
and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS,the City Council has been advised that certain property owners have requested
that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2015-2,
that a rate and method of apportionment of the special tax to be levied therein be established;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE
ELSINORE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.Intent to Annex. The City Council hereby declares that it proposes and intends
to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities
District of the territory described in Exhibit A attached hereto. The City Council determines
that the public convenience and necessity require that such territory be annexed to the
Community Facilities District.
Section 2.Name of the Community Facilities District. The name of the existing community
facilities district is known as “Community Facilities District No. 2015-2 (Maintenance Services).
Section 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2015-2 and are more particularly described and shown on that certain map
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2
(Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California,”
as recorded on August 19, 2015 in Book 78 of Maps of Assessment and Community Facilities
District, Page 74, and as Instrument No. 2015-0369598 in the official records of the County of
Riverside. The territory proposed to be annexed to the CFD No. 2015-2 is described in Exhibit
A attached hereto and by this reference made a part hereof. Such territory is also shown and
described on the map thereof entitled "Annexation Map No. 2, Community Facilities District
No. 2015-2 (Maintenance Services), City of Lake Elsinore, County of Riverside, State of
California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as
Exhibit D.
Section 4.Description of Authorized Services. The services proposed to be financed by
CFD No. 2015-2 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD
No. 2015-2, determination of the amount of special taxes, collection or payment of special
taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No.
2015-2. The Services authorized to be financed by CFD No. 2015-2 are in addition to those
currently provided in the territory of CFD No. 2015-2 and do not supplant services already
available within that territory.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, a special
tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be
levied annually within CFD No. 2015-2. The Rate and Method of Apportionment, and manner
of collection of the special tax are specified in Exhibit C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and
Highways Code, the City Council adopts the Annexation Map as the map of the area proposed
to be annexed to the CFD No. 2015-2. Pursuant to Section 3111 of said Code, the City Clerk
shall file the original of the Annexation map in his office and shall file a copy of the Annexation
Map with the County Recorder of the County of Riverside no later than 15 days prior to the
date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter
as practicable, on Tuesday, November 15, 2016, in the City Council Chambers located at 183
N Main St., Lake Elsinore, California 92530, as the time and place when and where the City
Council will conduct a public hearing on the proposed annexation of the said territory to the
CFD No. 2015-2.
Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause
to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No.
2015-2. The publication of said notice shall be completed at least seven days prior to the date
herein fixed for said hearing. Said notice shall contain the information prescribed by Section
53322 of the Act.
Section 9. Mailing Ballots In anticipation of its action on Tuesday, November 15, 2016 to
call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the City Council hereby authorizes the City Clerk to mail to each
landowner in the territory proposed to be annexed to the CFD No. 2015-2 a ballot in
substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form
signed by the property owner is attached hereto as Exhibit E and incorporated herein by this
reference.
Dated: October 11, 2016
PASSED and ADOPTED at a regular meeting of the City Council of the City of Lake
Elsinore, California, this 11th day of October, 2016.
BRIAN TISDALE
MAYOR
ATTEST:
SUSAN M. DOMEN, MMC
CITY CLERK