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HomeMy WebLinkAboutCC Reso No 2005-003RESOLUTION NO. i005 - 3 RESOLUTION OF INTENTION 6F 'd'HE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 ANNEXATION AREA NQ~ 11 (ALBERHILL RANCI~ WHEREAS, the City Council othe "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 Paxam~dic Services) (the "DistricY') pursuant to the Mello-Roos Community ~'acilit~es Act of 1982, as amended, commencing with Section 533ll 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 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 for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act. WHEREAS, the City has received a Consent and Waiver from Castle & Cooke requesting annexation of property owned by Castle & Cooke, which constitutes a portion of the Future Annexation Area, into the District; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKR ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Secrion 1. The Council hereby deternunes to institute proceedings for the annexarion of Annexation Area No. 11 (Alberhill Ranch) into the District under the terms of the Act. The exteriar boundaries of the area to be annexed (Annexation Area No. 11 (Alberhill Ranch)) 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. ll(Alberhill Ranch)," which map indicates by a boundary line the extent of the territory included in Annexation Area No. 11 (Alberhill Ranch) and shall govern for all details as to the extent of Annexarion Area No. 11 (Alberhill Ranch). On the original and one copy of the map of such Annexation Area No. 11 (Alberhill Ranch) on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolurion. The City Clerk shall file the original of such map in her office 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 2. The map showing Annexation Area No. 11 (Alberhill Ranch), which area is to be subject to a special talc to be levied, is hereby approved and adopted. A certificate shall be endorsed on the original and on at least one copy of the map of Annexation Area No. 11 (Alberhill Ranch), 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 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 annexation area shall be "City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation Area No. 11 (Alberhill Ranch)." 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 Tas") sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 11 (Alberhill Ranch) prior to the annexation of Annexation Area No. 11 (Alberhill Ranch) into the District 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 a11 other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrarive costs of the tax levy. The Special Ta7c will be secured by recordation of a continuing lien against all non-exempt real properiy in the proposed Annexarion Area No. 11 (Alberhill Ranch). The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in EJChibit "A" attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 11 (Alberhill Ranch) will not result in any change to the special tax rates levied in the District prior to such annexarion. F 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. 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 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. 11 (Alberhill Ranch) by more than 10 percent. 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 for private residenrial use is issued. Section 5. A public hearing (the "Hearing") on the annexation of Annexation Area No. 11 (Alberhill Ranch) and the proposed rate and method of apportionment of the Special Tax shall be held on March 8, 2005, at 7:00 o'clock p.m., or as soon thereafter as pracricable, at the chambers of the City Council of the City 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. 11 (Alberhill Ranch), 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. 11 (Alberhill Ranch) and, at or befare the time of the above-mentioned Hearing, file a report with the City Council, arid which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 11 (Alberhill Ranch) and his or her esrimate of the cost of providing additional law enfarcement, fire and paramedic services within the boundary of Annexation Area No. 11 (Aiberhill Ranch). The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexarion of Annexation Area No. 11 (Alberhill Ranch), determination of the amount of any special taxes, collection of any special taYes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. Secrion 8. The City may accept advances of funds from any sources, including private persons or private enrities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in anne~ng the proposed Annexation Area No. 11 (Alberhill Ranch). 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 Speciai Ta~c, 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 electars of Annexation Area No. ll(Alberhill Ranch). 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. 11 (Alberhill Ranch). Such Norice shall contain the text of this Resolution, state the rime and place of the Hearing, a statement that the tesrimony of all interested persons or ta~cpayers will be heard, a descriprion of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 11 (Alberhill Ranch) as provided in Secrion 5339.5 of the Act and a descriprion of the proposed voting procedure for the elecrion required by the Act. Such publication shail be completed at least 7 days prior to the date of the Hearing. Section 10. The voring procedure with respect to the establishment of the District and the impositiori of the special tax shall be by mailed ballot election. PASSED, APPROVED AND ADOPTED this zsth day of January , Z~~S. APPROVED AS TO FO . , c' bara Zei eibold, City Attorney EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ',,~ City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax Introauction Special taxes shall be annually levied on all Developed Residential Property and Developed Mulri-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 shall 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 idenrifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi-Family Properry. Assessor's Parcels in the District for which a building pecmit has been issued by the City on or prior to Mazch 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 Property. All other Assessor's Parcels in the District for which a buiiding permit has been issued by the City on or prior to March 1 preceding any Fiscal Yeaz for the construction of a Unit that is not Developed Mulri-family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Tnxes. The matcimum annual special taxes levied within the District for any Fiscal Year. Unit. Each sepazate residential dwelling unit, which comprises an independent facility capable of conveyance or use sepatate 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 Pazcels within the District constitute Developed Residenrial Property or Developed Mulri-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Ma~cimum Annual Special Taxes on each Assessor's Pazcel of Developed Residential Property in the amount of $300 and on each Assessor's Pazcel of Developed Mulri-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. Durafion of the Maximum Annual Special Taxes The Maximum Annual Special Taices shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Seroices are being provided within the District. The Masimum Annuai Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem properry ta~ces are collected and shall 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 MaYimum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Secrion 3115.5 of the Streets and Highways Code. This lien shall be a conrinuing lien and shall secute each levy of Maacimum 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 Secrion 53330.5 of the Government Code. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 25n of January, 2005, and t6at it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS ~ ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2005-3 of said Council, and that the same has not been amended or repealed. DA : J uary 26, 2005 ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)