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HomeMy WebLinkAboutCC Reso No 2007-025RESOLUTION NO. 2007-25 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNIT'Y FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS, the City Council (the "Council") of the City of Lake Elsinare (the "City") has established City of Lake Elsinare Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act"); and WHEREAS, the District will finance parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the District; and WHEREAS, the Council has provided far the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terxns and provisions of the Act; and WHEREAS, the City has received a Consent and Waiver from Centex Homes requesting annexation of property owned by Centex Homes, which constitutes a portion of the Future Annexation Area, into the District. NOW, THEREFORE, THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION lo The Council hereby determines to institute proceedings far the annexation of Annexation Area No. 1(Tract 32503) ("Annexation Area No. 1") into the District under the terms of the Act. The exterior boundaries of the area to be annexed (Annexation Area No. 1) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerlc entitled CITY COITNCIL RESOLUTION NO. 2007-25 PAGE 2 OF 5 "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance), Annexation Area No. 1(Tract 32503)," which map indicates by a boundary line the extent of the territory included in Annexation Area No. 1 and shall govern for all details as to the extent of Annexation Area No. 1. SECTION 2. The map showing Annexation Area No. 1, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Annexation Area No. 1 on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoprion of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of Califomia. SECTION 3. The name of the proposed community facilities district shail be "City of Lake Elsinare Community Facilities District No. 2006-5 (Parlcs, Open Space and Storm Drain Maintenance), Annexation Area No. 1(Tract 32503)." SECTION 4. Except where funds are otherwise aeailable, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special ta;c (the "Special T~") sufficient to fmance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 1 priar to the annexation of Annexation Area No. 1 and do not supplant services already available within the territory proposed to be included in the District, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all non- exempt real property in the proposed Annexation Area No. 1. The schedule of the rate and method of apportionment and manner of collection of the Special T~ is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 1 will not result in any change to the special tax rates levied in the District prior to such annexation. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 533253 of the Act and such Special Tax is not on or based upon the ownership of real property. CITY COi1NCIL RESOLUTION NO. 2007-25 PAGE 3 OF 5 The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcei used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 1 by more than 10 percent. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used far private residential purposes" not later than the date on which an occupancy pernut far private residential use is issued. SECTION 5. A public hearing (the "Hearing") on the annexation of Annexation Area Na 1 and the proposed rate and method of apportionment of the Special Tax shall be held on April 24, 2007, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the Ciry of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530. SECTION 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed Annexation Area No. 1, may appear and be heard. SECTION 7. Each City officer who is or will be responsible for the District, if it is established, is hereby directed to study the proposed Annexation Area No. 1 and, at or before the time of the above-mentioned Hearing, file a report with the City Council, which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 1 and his or her estimate of the cost of providing additional parks, open space and storm drain maintenance services within the boundary of Annexation Area No. 1. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexarion Area No. 1, determination of the amount of any special taaces, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. SECTION 8. The City may accept advances of funds from any sources, including private persons ar private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in CITY COUNCIL RESOLUTION NO. 2007-25 PAGE 4 OF 5 annexing the proposed Annexation Area No. 1. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special T~ shall be approved by the qualified electors of Annexation Area No. 1. SECTION 9. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 1. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 1 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days priar to the date of the Hearing. SECTION 10. The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by mailed ballot election. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoprion. PASSED, APPROVED AND ADOPTED this 13th day of March, 2007, by the following vote. AYES: COUNCILMEMBERS: Buckley, Hickman, xelley Schiffner., Magee NOES: COUNCILMEMBERS: None ABSENT: COLTNCILMEMBERS: tvone ABSTAIN: COUNCILMEMBERS: None obert E. Magee ayor City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2007-25 PAGE 5 OF 5 ATTEST: ~ ~~~~~~ ~~ Michelle Soto, Interim City Clerk City of Lake Elsinare AP OVED AS TO FO ~ C ` r ara Zei eibold, City Attorney City of Lake Elsinore EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX