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HomeMy WebLinkAboutCC Reso No 2006-056RESOLUTION NO. 2006-56 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAI~ ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILTTIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2006-41 stating its intention to form City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "DistricP') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2006-41, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of appartionment and manner of collection of the special tax to be levied within the Disirict, 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 the District priar to the formation of the District and do not supplant services already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2006-41 set May 9, 2006 as the date of the public hearing on the formation of 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 formation of 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 Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERNIINE AND ORDER AS FOLLOWS: CITY COUNCIL RESOLUTION NO. 2006-56 Page 2 of 4 SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings priar hereto were valid and in conformity with the requirements of the Act. SECTION 2. A community facilities district to be designated "City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance)" ("the DistricY') is hereby established pursuant to the Act. SECTION 3. The description and map of the boundaries of the District on file in the City Clerk's office and as described in said Resolurion No. 2006-41 and incorporated herein by reference, shall be the boundaries of the District. The map of the proposed boundaries of the District has been recarded in the Office of the County Recorder of Riverside County, California in Book 66, Pages 42 through 43 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2006-0315308). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special taac 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 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 and other costs, including but not limited to all costs of the tax levy. The rate and method of appartionment of the special tax and mamzer of collection is described in detail in Exhibit "A" attached hereto and incorparated 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 the District. SECTION 5. Upon recordation of a notice of special t~ 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 the District, 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 accardance 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 the District. CITY COUNCIL RESOLUTION NO. 2006-56 Page 3 of 4 SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed District for the exclusive purpose of financing parks, open space and storm drain maintenance. SECTION 8. Written protests against the establishment of the District, or against the furnishing of specified services or facilities or the levying of a specified special tax within the District, 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 witl~in the proposed District. SECTION 9. Written protests against the future annexation of the Future Annexation Area, ar against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters ar property owners of one-half (1/2) or mare of the area of land witlun the Future Annexation Area. SECTION 10. The Office of the City Manager, 130 South Main Street, Lake Elsinare, California 92530, (951) 674-3124, or its designee, is designated to be responsible for preparing annually a current roll 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 ll. 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 ar elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 12. This Resolution sha11 take effect from and after the date of its passage and adoption. CTTY COUNCIL RESOLUTION NO. 2006-56 Page 4 of 4 PASSED, APPROVED AND ADOPTED this 9~' day of May, 2006. AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN ABSTAIN: COUNCILMEMBERS: NON _ /. / Robert E. Magee, Ma City of Lake Elsinore Frederick~y, City Clerk City of Lake Elsinore AP ROVED TO F ~ ~L arbara Zeid eibol , City At omey City of Lake Elsinore EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 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 Multi-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. All of the property within the District that is not Developed Residential Property or Developed Multi-Family Property shall be exempt from the Maximum Annual Special Taxes of the District. Detinitions "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 wall 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-residential use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family UniY' means a residential dwelling 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 Ta~c 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 T~ 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 actual costs of maintenance related to the Service Area, and the applicable 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) all' Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessar's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special T~ Requirement. The Ma~mum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single 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 Taac 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.