HomeMy WebLinkAboutCC Reso No 2007-184RESOLUTION NO. 2007-184
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, TO
ANNEX PROPERTY INTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has established City of Lake Elsinore Community Facilities District No. 2003-
1(Law Enforcement, Fire and Paramedic Services) (the "DistricY') pursuant to the Melio-
Roos Community Facilities Act of 1982, as amended, commencing with Section 53311
of the Government Code of the State of California (the "AcY'); and
WHEREAS, the District will 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 ta 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 for the annexation in the future of
territory (the "Future Annexation Area") to the District pursuant to the terms and
provisions of the Act; and
WHEREAS, the City has received a Consent and Waiver from Broadstone
Rivers Edge Alliance requesting annexation of property owned by Broadstone Rivers
Edge Ailiance, which constitutes a portion of the Future Annexation Area, into the District.
NOW, THEREFQRE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as foilows:
SECTION 1. The Council hereby determines to institute proceedings for
the annexation of Annexation Area No. 24 (River's Edge) ("Annexation Area No. 24")
into the District under the terms of the Act. The exterior boundaries of the area to be
annexed (Annexation Area No: 24) 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. 2003-1 (Law
Enforcement, Fire and Paramedic Services), Annexation Area No. 24 (River's Edge),"
which map indicates by a boundary line the extent of the territory included in Annexation
Area No. 24 and shall govern for ail details as to the extent of Annexation Area No. 24.
SECTION 2. The map showing Annexation Area No. 24, 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. 24 on file in the City
Clerk's office, the City Clerk shall endorse the certificate evidencing the date and
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- adoption of this resolution. The City Clerk shall file the original of such map in his o~ce
and, within fifteen (15) days after the adoption 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 California.
SECTION 3. The name of the proposed community facilities district shall
be "City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement,
Fire and Paramedic Services), Annexation Area No. 24 (River's Edge)."
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 tax (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 Annexation Area No. 24 prior to the annexation of Annexation Area No. 24
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 wiil be secured by recordation of a continuing lien against
all non-exempt real property in the proposed Annexation Area No. 24. The schedule of
the rate and method of apportionment and manner of collection of the Special Tax is
described in detaii in Exhibit "A" attached hereto and by this reference incorporated
herein. The annexation of Annexation Area No. 24 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 53325.3 of the Act and such Special Tax is not on or based upon
the ownership of real property.
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 (2%) per year. Under no
circumstances will the Special Tax 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 Annexation Area No. 24 by
more than 10 percent (10%). As specified by the Act, for purposes of this paragraph, a
parcel shali be considered "used for private residentiai purposes" not later than the date
on which an occupancy permit for private residential use is issued.
SECTION 5. A public hearing (the "Hearing") on the annexation of
Annexation Area No. 24 and the proposed rate and method of apportionment of the
Special Tax shall be held on January 8, 2008, 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, California, 92530.
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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. 24, may appear and be heard.
SECTION 7. Each City officer who is or wili be responsible for the District,
if it is established, is hereby directed to study the proposed Annexation Area No. 24
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. 24 and his or her estimate of the cost of providing
additional law enforcement, fire and paramedic services within the boundary of
Annexation Area No. 24. The City Manager is directed to estimate the fair and
reasonable cost of all incidental expenses, including all costs associated with the
annexation of Annexation Area No. 24, determination 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.
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 annexing
the proposed Annexation Area No. 24. The City may enter into an agreement to repay
all of such funds as are not expended or committed for any authorized pu~pose at the
time of the election on the levy of the Special Tax, if the proposai 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 Annexation Area No. 24.
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. 24. 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. 24 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 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 tax shall be by mailed ballot election.
SECTION 11. This resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOP at a
Councii of the City of Lake Elsinore, Californi , hi~1j day,
MAYOR
meeting of the City
~ber, 2007.
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ATT ST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
. V Vl~
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2007-184 was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 13th day of November,
2007, and that the same was adopted by the following vote:
AYES: MAYOR MAGEE, MAYOR PRO TEM HICKMAN, COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY, COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
. W~w ~.-.
VIVIAN M. MUNSON
CITY CLERK
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EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT N0. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services) (the "DistricY'), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shail be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Properfy. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding
any Fiscal Year for the construction of a Unit that is not Developed Multi-family
Property.
Fiscal Year. The period beginning on July 1 and ending on the following June
30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscai Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Muiti-Family Property. Beginning in Fiscal Year
2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shali 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. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
PROPOSED BOUNDARY OF
ANNEXATION N0. 24 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENF~RCEMENT, FIRE, AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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