HomeMy WebLinkAboutCC Reso No 2005-030RESOLIJTION N0. 2005 - 30 _ _ _
RESOLUTION OF INTENTION OF THE 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
WTTHIN ANNEXATION AREA NO. 12 (BELCARO)
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 Mello-Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the Government Code of the State of
California (the "Act"); 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 taac 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 D.R. Horton
requesting annexation of property owned by D.R. Horton, which constitutes a
portion of the Future Annexation Area, into the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the
annexarion of Annexation Area No. 12 (Belcaro) into the District under the terms
of the Act. The exterior boundaries of the area to be annexed (Annexation Area
No. 12 (Belcaro)) 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. 12 (Belcaro)," which map
indicates by a boundary line the extent of the territory included in Annexation Area
No. 12 (Belcaro) and shall govern for all details as to the extent of Annexation
Area No. 12 (Belcaro). On the original and one copy of the map of such
Annexation Area No. 12 (Belcaro) on file in the City Clerk's office, the City Clerk
shall endorse the certificate evidencing the date and adoption of this Resolution.
The City Cletk shall file the original of such map in her off'ice and, within fifteen
(15) days after the adoprion of this Resolution, the City Clerk shall file a copy of
such map so endarsed in the records of the County Recorder, County of Riverside,
State of California.
Section 2. The map showing Annexation Area No. 12 (Belcaro), which
area is to be subject to a special tax 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. 12 (Belcaro), 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 Enfarcement, Fire
and Paramedic Services), Annexation Area No. 12 (Belcaro)."
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 t~ (the "Special Tax") sufficient to finance law enforcement, fire
and paramedic senrices that are in addition to those provided in the territory within
Annexation Area No. 12 (Belcaro) prior to the annexation of Annexarion Area No.
12 (Belcaro) 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 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 talc levy. The Special
Ta7c will be secured by recordation of a continuing lien against all non-exempt real
property in the proposed Annexation Area No. 12 (Belcaro). The schedule of the
rate and method of apportionment and manner of collection of the Special Tax is
described in detail in Exhibit "A" attached hereto and by this reference
incorporated herein. The annexation of Annexation Area No. 12 (Belcaro) 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 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
residenrial 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 ar parcels within the proposed
Annexation Area No. 12 (Belcaro) 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 far
private residenrial use is issued.
Section 5. A public hearing (the "Hearing") on the annexation of
Annexation Area No. 12 (Belcaro) and the proposed rate and method of
apportionment of the Special Tax shall be held on April 26, 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 wifhin
the proposed Annexation Area No. 12 (Belcaro), 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.
12 (Belcaro) and, at or before the time of the above-mentioned Hearing, file a
report with the City Council, and which is to be made a part of the record of the
Hearing, containing a brief description of Annexation Area No. 12 (Belcaro) and
his or her estimate of the cost of providing additional law enforcement, fire and
paramedic services within the boundary of Annexation Area No. 12 (Belcaro).
The City Manager is directed to estimate the fair and reasonabie cost of all
incidental expenses, including all costs associated with the annexation of
Annexation Area No. 12 (Belcaro), determination of the amount of any special
taxes, collection of any special taxes, ar costs otherwise incurred in order to cany
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 Na 12 (Belcaro). 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 rime of the election on the levy of the Special Tax, 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 electors of
Annexation Area No. 12 (Belcaro).
Section 9. The City Clerk is hereby directed to publish a norice ("Norice")
of the Hearing pursuant to Secfion 6061 of the Government Code in a newspaper
of general circulation published in the area of the proposed Annexation Area No.
12 (Belcaro). 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
taa~ayers will be heard, a description of the protest rights of the registered voters
and landowners in the proposed Annexation Area No. 12 (Belcaro) as provided in
Section 5339.5 of the Act and a description of the proposed voring 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 voring procedure with respect to the establishment of the
District and the imposition of the special tax shall be by mailed ballot election.
PASSED, APPROVED AND ADOPTEL>
March ,2005.
CITY OF~K:
Ro~rt E. Magee,
A'
Vicici Kasa,d, City Clerk
this 22nd day of
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 Tau
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 "District"), in accordance
with the rate and method of apportionment of special taYes hereinafter set forth. All of the property
within the District that is not Developed Residenrial 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 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
construcrion 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
building permit 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.
Maximum Annual Special Taxes. The maacimum annual special taxes 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 Residential Property or Developed
Mulri-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
Properry in the amount of $300 and on each Assessor's Parcel 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.
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 Disirict.
The Maacimum Annual Special Taxes levied in each Fiscal Year shall be collected in the
same manner as ordinary ad valorem property taxes 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 Maacimum 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
confinuing 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 Secrion 53330.5 of the Government Code.
STATE OF CALIFOI2NIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFOI2NIA, 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
22"a of March, 2005, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AB TAIN: COUNCILMEMBERS:
wt~n_.~~~~-~/~1
V~CHI ~{AaAn, Gl`iIC, CITY CLERK/
~IIJMAN RESdTJ`KCES DIRECTOR
/'I~'Y OF LAKE ELSINORE
(SEAI.)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
BUCKLEY
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. 2005-30 of said Council, and that the same has not been amended or
repealed.
D . April 14, 2005
~ ~ /~~
V'ICHI ~.ASAI.I, CMC, CITY CLERK/
}`rIUMAN RESQURCES DIRECTOR
G~Ti 1X OF Y.A.KE ELSINORE
(SEA'L)