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Home My WebLink AboutCC Reso No 2007-075RESOLUTION NO. 2007-75 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH COMMIJNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WFiEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "Cit~') intends to establish City of Lake Elsinore Community Faciliries District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricP') 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 Council intends to finance law enforcement, fire and paramedic 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 intends to provide for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby deternunes to insritute proceedings for the formation of a community facilities district under the terms of the Act. The exteriar boundaries of the community faciliries district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services)," which map indicates by a boundary line the extent of the territory included in the proposed CITY COUNCIL RESOLUTION NO. 2007-75 PAGE 2 OF 6 community facilities district and shall govern for all details as to the extent of the District. On the original and one copy of the map of such District on file in the City Clerk's office, the Interim City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The Interim City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the Interim City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. SECTION 2. The Future Annexation Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundaries of the City, other than those parcels already within the boundaries of the proposed District, that require a discretionary approval for development of four or more dwelling units which are developed for private residential purposes. Such Future Annexation Area may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. SECTION 3. The name of the proposed community facilities district shall be "City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services)." SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special t~ (the "Special Tax") sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic 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 a~ailable 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 taY levy. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the proposed District. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. CITY COUNCIL RESOLUTION NO. 2007-75 PAGE 3 OF 6 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 properiy. The maximum Special Tax applicable to a parcel to be used far 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 taY 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 Taac to be levied against any parcel 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 District. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit far private residential use is issued. SECTION 5. A public hearing (the "Hearing") on the establishment of the District and the proposed rate and method of apportionment of the Special T~ shall be held on June 26, 2007, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, Califomia 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 District, 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 District and, at or before the time of the above-mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief descriprion of the District and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of the District. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the creation of the District, deternunation of the amount of any special taxes, 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. CITY COLTNCIL RESOLUTION NO. 2007-75 PAGE 4 OF 6 SECTION 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in creating the District. 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 Tax shall be approved by the qualified electors of the District. 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 District. 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 District as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by,ihe Act. Such publication shall be completed at least 7 days prior 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 taa~ shall be by hand delivered ballot election. PASSED, APPROVED AND ADOPTED this 22`~' day of May, 2007. AYES: COLTNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NoNE ABSTAIN: COUNCILMEMBERS: City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2007-75 PAGE 5 OF 6 ATTEST: ~~ a~~ l~ 6 ~ Michelle Soto, Interim City Clerk City of Lake Elsinore B~bara Zeid L~ibold, City Attorney City of Lalce Elsinore EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX