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HomeMy WebLinkAboutOrd. No. 2018-1388ORDINANCE NO. 2018 -1388 ORDINANCE OF THE CITY COUNCIL OF CITY OF LAKE ELSINORE, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES) AUTHORIZING THE LEVY OF SPECIAL TAXES Whereas, on October 10, 2006, the City Council (Council) of the City of Lake Elsinore (City) adopted Resolution No. 2006 -168, stating its intention to form City of Lake Elsinore Community Facilities District No. 2006 -8 (Running Deer Estates) (CFD No. 2006 -8 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 October 10, 2006, the Council also adopted Resolution No. 2006 -169, stating its intention to incur bonded indebtedness within the District in the amount not to exceed $7,000,000 to finance the facilities and improvements identified in Resolution No. 2006 -168 (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. 2006 -168, 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 November 28, 2006, was published as required by law relative to the intention of the Council to establish CFD No. 2006 -8 and to incur bonded indebtedness within CFD No. 2006 -8; and, Whereas, on November 28, 2006, the Council conducted a noticed public hearing to determine whether it should proceed with the establishment of CFD No. 2006 -8, issue bonds for the benefit of CFD No. 2006 -8 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. 2006 -168 (Rate and Method) to be levied within CFD No. 2006 -8 for the purposes described in Resolution No. 2006 -168; and, Whereas, at the November 28, 2006, public hearing all persons desiring to be heard on all matters pertaining to the establishment of CFD No. 2006 -8, the levy of the special taxes in accordance with the Rate and Method and the issuance of bonds within CFD No. 2006 -8 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 November 28, 2006, the Council adopted Resolution Nos. 2006 -195 (Resolution of Formation) and 2006 -196 (Resolution to Incur Bonded Indebtedness) which formed the District and called a special election on November 28, 2006, 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 November 28, 2006; and," Ord. No. 2018 -1388 Page 2 of 4 Whereas, pursuant to Resolution No. 2006 -197, adopted on November 28, 2006, the Council, acting as the legislative body of CFD No. 2006 -8, declared the results of the special election and directed the recording of a Notice of Special Tax Lien within CFD No. 2006 -8; and, Whereas, the District received a petition signed by SAM - Running Deer, LLC, an Oregon limited liability company (Owner), which owns land within CFD No. 2006 -8, the boundaries of which are described in the Resolution of Intention (as defined below) which petition meets the requirements of Section 53332 of the Act, requesting that the District: (i) approve the new Rate and Method of apportionment for CFD No. 2006 -8, attached as Attachment B to the Resolution of Intention (Amended and Restated Rate and Method); (ii) extend the term of the Special Tax for Facilities (as defined in the Amended and Restated Rate and Method) to Fiscal Year 2058 -59 and (iii) include the services set forth in the definition of "Services" in the Amended and Restated Rate and Method as services authorized to be provided by the District (collectively, the Change Proceedings); and, Whereas, on February 13, 2018, the Council, acting as the legislative body of CFD No. 2006 -8, adopted Resolution No. 2018 -028 (Resolution of Intention) stating its intention to consider the approval of the Change Proceedings; and, Whereas, a notice calling a public hearing on March 27, 2018, was published as required by law relative to the intention of the Council to consider the approval of the Change Proceedings; and, Whereas, on March 27, 2018, this Council conducted a noticed public hearing to determine whether it should proceed with the approval of the Change Proceedings; and, Whereas, at the March 27, 2018, public hearing all persons desiring to be heard on all matters pertaining to the approval of the Change Proceedings were heard and a full and fair hearing was held; and, Whereas, on March 27, 2018, following the close of the public hearing, the City Council adopted Resolution No. 2018 -052 (Change Resolution), which called a special election on March 27, 2018, within CFD No. 2006 -8 on the approval of the Change Proceedings; and, Whereas, on March 27, 2018, a special election was held within CFD No. 2006 -8 at which the qualified electors approved the Change Proceedings by more than a two - thirds vote. NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES), 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 the levy of a special tax within Community Facilities District No. 2006 -8 at the maximum rates and in accordance with the Amended and Restated Rate and Method. Section 3. The City 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 10 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 Ord. No. 2018 -1388 Page 3 of 4 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 Intention 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 City 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 City 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 fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in City of Lake Elsinore. 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. Passed and Adopted on this 27th day of March 2018. Ord. No. 2018 -1388 Page 4 of 4 Natasha Johnsgr Mayor Attest: Susan omen, 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, California, do hereby certify that Ordinance No. 2018 -1388 was introduced at the Regular meeting of the City Council of March 27, 2018, and adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 10, 2018 and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None S Dome n, MMC City Clerk