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HomeMy WebLinkAboutCC Reso No 2007-187RESOLUTION NO. 2007.-187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006- 5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) WHEREAS, a copy of Resolution No. 2007-168, incorporating a description and map of the proposed boundaries of Annexation Area No. 2(California Business Condos) ("Annexation Area No. 2") and setting forth the rate and method of apportionment and manner of coliection of the special tax to be levied within Annexation Area No. 2, which will be used to finance 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. 2 prior to the annexation of Annexation Area No. 2 to the District and do not supplant services already available within the territory of proposed to be inciuded in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2007-168 set November 13, 2007, as the date of the public hearing on the annexation of Annexation Area No. 2 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 2 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Councii at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, the City Council of the City of Lake Elsinore, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance), does hereby resolve as follows: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. Annexation Area No. 2 is hereby annexed into the District. SECTION 3. The description and map of the boundaries of Annexation Area No. 2 on file in the City Clerk's office and as described in said Resolution No. 2007-168 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 2. The map of the proposed boundaries of Annexation Area No. 2 has been recorded in the Office of the County Recorder of Riverside County, California, in Book 1 72, Page 27 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2007-0622364). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance 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. 2 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 2 and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 2. SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 2, and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 2. SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 2 for the exclusive purpose of financing parks, open space and storm drain maintenance services. SECTION 8. Written protests against annexation of Annexation Area No. 2, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 2, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within Annexation Area No. 2. SECTION 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California, 92530, (951) 674-3124, or its designee, is designated to be responsible for preparing annualiy a current roil of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 10. The City Clerk is directed to certify and attest to this resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the speciai tax, and the establishment of the appropriation limit. 2 SECTION 11. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13~ay of November, 2007. YOR ATTEST: Oti- VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 3 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. 2007-187 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 13`h 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 ~ VIVIAN M. MUNSON CITY CLERK 4 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Muiti-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "DistricY'), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. Definitions "Assessor's Parcel" means 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" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wail with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residentiai use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dweliing unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actuai costs of maintenance related to the Service Area, and the applicabie Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. "Unit" means 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 the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) ail Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) ail Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Singie Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements.