HomeMy WebLinkAbout2022-1468 CFD 2015-4 (Terracina) Special Tax Levy
ORDINANCE NO. 2022-1468
ORDINANCE OF THE CITY COUNCIL OF CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY
OF LAKE ELSINORE (TERRACINA) AUTHORIZING THE LEVY OF
A SPECIAL TAX WITHIN SUCH DISTRICT
Whereas, on March 8, 2016, the City Council of the City of Lake Elsinore (the “City
Council”) adopted Resolution No. 2016-023 stating its intention to form Community Facilities
District No. 2015-4 of the City of Lake Elsinore (Terracina) (“Community Facilities District No.
2015-4” 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 (the “Act”); and
Whereas, on March 8, 2016, the City Council also adopted Resolution No. 2016-024
stating its intention to incur bonded indebtedness within the District in the amount not to exceed
$20,000,000 to finance the facilities and improvements identified in Resolution No. 2016-023
(collectively, the “Improvements”); and the incidental expenses to be incurred in financing the
Improvements and forming and administering the District (the “Incidental Expenses”); and
Whereas, a notice calling a public hearing on April 12, 2016, was published as required
by law relative to the intention of the City Council to establish Community Facilities District
No. 2015-4 and to incur bonded indebtedness within Community Facilities District No. 2015-4;
and
Whereas, on April 12, 2016, the City Council conducted a noticed public hearing to
determine whether it should proceed with the establishment of Community Facilities District
No. 2015-4, issue bonds for the benefit of Community Facilities District No. 2015-4 to pay for the
Improvements and Incidental Expenses, authorize the levy of special taxes to pay for certain
services set forth in the Resolution of Formation (as defined below) (the “Services”) and to
authorize the rate and method of apportionment of the special taxes in the form attached as
Attachment “A” to the Resolution of Formation (the “Rate and Method”) to be levied within
Community Facilities District No. 2015-4 for the purposes described in the Resolution of
Formation; and
Whereas, at the April 12, 2016, public hearing all persons desiring to be heard on all
matters pertaining to the establishment of Community Facilities District No. 2015-4, the levy of
the special taxes in accordance with the Rate and Method and the issuance of bonds within
Community Facilities District No. 2015-4 to pay for the cost of the proposed Improvements and
Incidental Expenses, and the levy of special taxes to pay for the Services, were heard and a full
and fair hearing was held; and
Whereas, after the public hearing, on April 12, 2016, the City Council adopted Resolution
Nos. 2016-037 (the “Resolution of Formation”) and 2016-038 which formed the District and called
a special election on April 12, 2016, within the District on 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 April 12, 2016; and
Whereas, pursuant to Resolution No. 2016-039, adopted on April 12, 2016, the City
Council, acting as the legislative body of Community Facilities District No. 2015-4, declared the
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results of the special election and directed the recording of a notice of special tax lien within
Community Facilities District No. 2015-4; and
Whereas, the District received a petition signed by KB HOME Coastal Inc., a California
Corporation (the “Owner”), which owns all of the land within Community Facilities District No.
2015-4, which petition meets the requirements of Section 53332 of the Act, requesting that the
District initiate proceedings to approve the new rate and method of apportionment for Community
Facilities District No. 2015-4, attached to the Resolution of Intention (as defined below) as
Attachment “B” (the “First Amended and Restated Rate and Method”); and
Whereas, on January 25, 2022, the City Council, acting as the legislative body of
Community Facilities District No. 2015-4, adopted Resolution No. 2022-8 (the “Resolution of
Intention”), stating its intention to consider the approval of the First Amended and Restated Rate
and Method; and
Whereas, a notice calling a public hearing on March 8, 2022, was published as required
by law relative to the intention of the City Council to consider the approval of the First Amended
and Restated Rate and Method; and
Whereas, on March 8, 2022, this City Council conducted a noticed public hearing to
determine whether it should proceed with the approval of the First Amended and Restated Rate
and Method; and
Whereas, at the March 8, 2022, public hearing all persons desiring to be heard on all
matters pertaining to the approval of the First Amended and Restated Rate and Method were
heard and a full and fair hearing was held; and
Whereas, on March 8, 2022, following the close of the public hearing, the City Council
adopted Resolution No. _____ (the “Change Resolution”), which called a special election on
March 8, 2022 within Community Facilities District No. 2015-4 on the approval of the First
Amended and Restated Rate and Method; and
Whereas, on March 8, 2022, a special election was held within Community Facilities
District No. 2015-4 at which the qualified electors approved by more than a two-thirds vote,
Proposition A, approving the First Amended and Restated Rate and Method for Community
Facilities District No. 2015-4; and
NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-4 (TERRACINA),
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
special taxes within Community Facilities District No. 2015-4 at the maximum rates and in
accordance with the First 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
rates and amounts to be levied on each parcel of land in the District pursuant to the First Amended
and Restated Rate and Method. The special tax rates to be levied pursuant to the First Amended
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and Restated Rate and Method shall not exceed the applicable maximum rates set forth therein,
but the special taxes may be levied at lower rates.
Section 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5
of the Act and the First Amended and Restated Rate and Method. No other properties or entities
are exempt from the special taxes 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 taxes pursuant to the First 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 taxes 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 taxes levied pursuant to the First 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 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 the City
of Lake Elsinore.
Section 9. This Ordinance relating to the levy of the special taxes 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. Upon effectiveness, this Ordinance shall
supersede Ordinance No. 2016-1357 previously approved by the City with respect to the levy of
special taxes of the District.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 22nd day of March 2022.
Timothy J. Sheridan
Mayor
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. 2022-1468 was introduced by the City Council of the City of Lake Elsinore,
California, at its Regular meeting of March 8, 2022 and adopted at its Regular meeting of March
22, 2022 and that the same was adopted by the following vote:
AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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