HomeMy WebLinkAboutOrd. No. 2021-1456 CFD 2021-1 Tuscany Valley-Crest Special Tax Improvement Area 1 & 2
ORDINANCE NO. 2021-1456
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. 2021-1 OF THE CITY OF LAKE
ELSINORE (TUSCANY VALLEY/CREST) AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT
AREA NO. 2
Whereas, on March 23, 2021, the City Council (the “City Council”) of the City of Lake
Elsinore (the “City”) adopted Resolution No. 2021-25 declaring its intention to form Community
Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest) (the “District”)
and Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2
(“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement
Areas” and each an “Improvement Area”) therein 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 its Resolution No. 2021-26
declaring its intention to incur bonded indebtedness for each of Improvement Area No. 1 and
Improvement Area No. 2; and,
Whereas, on April 27, 2021, 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 designation of the Improvement Areas, the proposed levy of a
special tax therein to finance certain public facilities described in Resolution No. 2021-25 and to
secure the payment of any bonded indebtedness of the District for the Improvement Areas, and
the proposed issuance of up to $14,000,000 of bonded indebtedness for Improvement Area No.
1 and up to $10,000,000 of bonded indebtedness for Improvement Area No. 2, as described in
Resolution No. 2021-26; and,
Whereas, at the April 27, 2021 public hearing, all persons desiring to be heard on all
matters pertaining to the formation of the District, the designation of the Improvement Areas and
the proposed levy of the special tax to finance the facilities described in Resolution No. 2021-25
and to secure the payment of up to $14,000,000 of bonded indebtedness for Improvement Area
No. 1 and of up to $10,000,000 of bonded indebtedness for Improvement Area No. 2 as
described in Resolution No. 2021-26 (together, the “Bonds”) were heard and a full and fair
hearing was held; and,
Whereas, on April 27, 2021, the City Council adopted Resolution Nos. 2021-53 and
2021-54 which formed the District, designated the Improvement Areas and called a special
election within each of Improvement Area No. 1 and Improvement Area No. 2 on April 27, 2021
in each case on three propositions relating to the levy of a special tax within such Improvement
Area, the issuance of the Bonds by the District for such Improvement Area and the
establishment of an appropriations limit within the District; and,
Whereas, on April 27, 2021, a special election was held within Improvement Area No. 1
at which the qualified electors therein approved by more than a two-thirds vote Propositions A,
B and C set forth in Attachment B to Resolution No. 2021-53 authorizing the levy of a special
tax within Improvement Area No. 1 for the purposes described in Resolution No. 2021-25, the
issuance of the Bonds as described in Resolution No. 2021-26 and establishing an
appropriations limit for the District; and,
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Whereas, on April 27, 2021, a special election was held within Improvement Area No. 2
at which the qualified electors therein approved by more than a two-thirds vote Propositions D,
E and F set forth in Attachment C to Resolution No. 2021-53 authorizing the levy of a special tax
within Improvement Area No. 2 for the purposes described in Resolution No. 2021-25, the
issuance of the Bonds as described in Resolution No. 2021-26 and establishing an
appropriations limit for the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY VALLEY/CREST)
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 Improvement Area No. 1 and Improvement Area No. 2 pursuant to
Sections 53328 and 53340 of the Act at the rates and in accordance with the applicable rate
and method of apportionment set forth in Attachment C to Resolution No. 2021-25 as to
Improvement Area No. 1 and the rate and method of apportionment set forth in Attachment D to
Resolution No. 2021-26 as to Improvement Area No. 2, which are incorporated by reference
herein (each a “Rate and Method”). The special taxes are hereby levied commencing in the
fiscal year specified in the Rate and Method for such Improvement Area and in each fiscal year
thereafter until payment in full of the Bonds issued by the District for such Improvement Area
(including any bonds issued to refund the Bonds), payment of all costs of the public facilities and
services authorized to be financed by the District for such Improvement Area, and payment of
all costs of administering the District allocable to such Improvement Area.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, 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 Improvement Area No. 1 and
Improvement Area No. 2, in the manner and as provided in the Rate and Method applicable to
such Improvement Area. The special tax rate levied on a parcel pursuant to each 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 within each Improvement Area, 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 for such Improvement Area in each fiscal year, and with respect to
Special Tax, until the Bonds issued by the District for such Improvement Area are paid in full,
the facilities financed for such Improvement Area have been paid for, and provision has been
made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special tax for each Improvement Area, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other
properties or entities within each of the Improvement Areas are exempt from the special tax
unless the properties or entities are expressly exempted in Resolution No. 2021-53 or in a
resolution of consideration to levy a new special tax or special taxes or to alter the applicable
Rate and Method or an existing special tax as provided in Section 53334 of the Act.
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Section 5. All of the collections of the special tax within each Improvement Area
shall be used as provided for in the Act, the Rate and Method for such Improvement Area and
Resolution No. 2021-53.
Section 6. The special tax within each Improvement Area 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 the Bonds issued by the District for an Improvement Area
(including any bonds issued to refund such Bonds), 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 such Bonds (including
any bonds issued to refund such Bonds), order that the same be collected by an action brought
in the superior court to foreclose the lien of such special tax within the applicable Improvement
Area, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or
Deputy City Clerk (referred to herein as 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 The Press Enterprise, a newspaper of general circulation published and circulated in the City
of Lake Elsinore.
Section 9. The specific authorization for adoption of this Ordinance 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 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 11. 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 12. This Ordinance shall take effect thirty days after its final passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 25th day of May 2021.
Robert E. Magee
Mayor
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Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2020-1456 was introduced by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of April 27, 2021 and adopted at the Regular meeting of May
25, 2021 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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