HomeMy WebLinkAboutCC Reso No 2005-018RESOLUTION NO. 2005 - 1$
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DETERMINING THE VALIDITY OF
PRIOR PROCEEDINGS RELATING TO ANNEXATION OF
PROPERTY INTO CITY OF LAKE ELSINORE COMM[JNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT,
FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2005-2 stating its
intention to annex certain property ("Annexation Area No. 10 (La Laguna Phase
3)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2005-2, incorporating a description
and map of the proposed boundaries of Annexation Area No. 10 (La Laguna Phase
3) and setting forth the rate and method of apportionment and manner of collection
of the special ta7c to be levied within Annexation Area No. 10 (La Laguna Phase 3),
which will be used 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. 10 (La Laguna Phase 3) prior to the annexation of
Annexation Area No. 10 (La Laguna Phase 3) to the District and do not supplant
services already available within the territory of proposed to be included in
Annexation Area No. 10 (La Laguna Phase 3), is on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, Resolution No. 2005 - z set March 8, 2005 as the date of
the public hearing on the annexation of Annexation Area No. 10 (La Laguna Phase
3) 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. 10 (La Laguna Phase 3) to the District were heard and a full and fair hearing
was held; and
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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 CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATNE BODY OF CITY OF LAKE
ELSINORE COMMLTNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
section 1. Pursuant to Section 53325.1(b) of the Government Code, the
Council finds and deternunes that the proceedings prior hereto were valid and in
confornuty with the requirements of the Act.
Section 2. Annexation Area No. 10 (La Laguna Phase 3) is hereby
annexed into the District.
Section 3. The description and map of the boundaries of Annexation Area
No. 10 (La Laguna Phase 3) on file in the City Clerk's office and as described in
said Resolution No. 2005-2 and incorporated herein by reference, shall be the
boundaries of Annexation Area No. 10 (La Laguna Phase 3). The map of the
proposed boundaries of Annexation Area No. 10 (La Laguna Phase 3) has been
recorded in the Office of the County Recorder of Riverside County, California in
Book _ 61 , page ~ of the Book of Maps of Assessments and Community
Facilities Districts (Instrument Number zoos-ols:7~zo ).
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 porrion of the cost of providing law enforcement, fire and
paramedic services that are in addirion to those provided in the territory within
Annexation Area No. 10 (La Laguna Phase 3) 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. 10 (La Laguna Phase 3) 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 administrarive expenses and
to fund and replenish any reserve fund established for Annexation Area No. 10 (La
Laguna Phase 3)
45367576.1 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 taJC shall attach to all nonexempt real property in Annexation
Area No. 10 (La Laguna Phase 3), 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. 10 (La Laguna Phase 3).
Section 7. The Council finds that there is not an ad valorem property tax
currently being levied on property within Annexation Area No. 10 (La Laguna
Phase 3) for the exclusive purpose of financing law enforcement, fire and
paramedic services.
Section 8. Written protests against annexation of Annexation Area No. 10
(La Laguna Phase 3), or against the furnishing of specified services or facilities or
the levying of a specified special tax within Annexarion Area No. 10 (La Laguna
Phase 3), have not been filed by fifty percent (50%) or more of the registered
voters ar properiy owners of one-half (1/2) or more of the area of land within
Annexation Area No. 10 (La Laguna Phase 3).
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 annually a current roll of special t~ levy obligarions by
assessor's parcel number and for estimating future special tax levies pursuant to
Secrion 53340.1 of the Government Code.
Section lo. 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 special tax, and the establishment of the
appropriation limit.
45367576.1 3
PASSEI,, APPROVED AND ADOPTED this seh day of
March , 2~~5.
CITY OF LAKE ELSINORE
` ~~
Robert E. Magee,
AT ST:
~ ~~~
Vicki Kasad, City Clerk
AS
City Attorney
453675761 4
EXHIBIT A
City of Lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special Tax
Introduction
Special taYes 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 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 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 Properry. All other Assessor's Parcels in the District
for which a building pernut has been issued by the City on or prior to March 1
preceding any Fiscal Year for the construcrion 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.
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Macimum Annual Special Taxes. The maximum annual special taJCes levied
within the District for any Fiscal 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
Residenrial Property or Developed Multi-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 Properiy in the amount of $150 per Unit. The amount of Maximum Annual
Special Taaces 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 Maa~imum Annual Special Taxes shall be levied in perpetuity so long as
Law Enforcement, Fire and Paramedic Services are being provided within the
Districk
The Maximum Annual Special Taxes levied in each Fiscal Year shall be
collected in the same manner as ordinary ad valorem property taJCes 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 ta~ces. The Maacimum
Annual Special t~es 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 sha11 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.
45367576.1 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CTTY OF LAKE ELSINORE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resotution duly adopted by
the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the
8~n of March, 2005, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
BUCKLEY, KELLEY, SCffiFFNER,
MAGEE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABS AIN: COUNCILMEMBERS:
~
VICHI KASAD, CMC, CIT CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFOI2NIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
HICKMAN
NONE
I, VICHI 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. 2005-18 of said Council, and that the same has not been amended or
repealed.
D TE: March 17, 2005
~
VICHI KASAD, CMC, C TY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)