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HomeMy WebLinkAboutCC Reso No 2003-21RESOLUTION NO. 2003-21 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH COMMUIVITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITffiN SAID DISTRICT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") intends to establish City of Lake Elsinore Community Facilities District No.2003-1 (Law Enforcement, Fire and Pazamedic 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 "AcY'); and WHEREAS, the Council intends to finance law enforcement, fire and paramedic 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 proposed to be included in the District through the formation of the District subject to the lery 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 intends to provide for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act. 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 formation of a community facilities district under the terms of the Act. The exterior boundaries of the community facilities district 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 Boundazies, City of Lake Elsinore, Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services)," which map indicates by a boundary line the eactent of the territory included in the proposed community facilities district and shall govern for all details as to the extent of the District. On the original and one copy of the map of such District 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 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 shali file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. Section 2. The Future Annexation Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundazies of the City, other than those pazcels already within the boundaries of the proposed District, that require a discretionary approval for development in excess of four dwelling units which aze developed for private residential purposes. Such Future Annexation Area may be annexed only with the 45317885.2 unanimous approval of the owner or owners of each pazcel or parcels at the time that parcel or those parcels are annexed. Section 3. The name of the proposed community facilities district shall be "City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Pazamedic Services)." Section 4. Except where funds aze 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 a portion of the cost of providing law enfarcement, 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, 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 a11 other administrative wsts of the tax levy. The Special Taac will be secured by recardation of a continuing lien against all non-exempt real property in the proposed District. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in E~ibit "A" attached hereto and by this reference incorporated herein. 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 maacimuxn Special Taac applicable to a pazcel 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 parceis within the proposed District. 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 residential use is issued. Section 5. A public hearing (the "Heazing") on the establishment of the District and the proposed rate and method of apportionment of the Special Tax shall be held on August 12, 2003, at 7:00 o'clock p.m., or as soon thereafter as practicable, 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 a11 persons owning lands or registered to vote within the proposed District, may appear and be heazd. Section 7. Each City officer who is or will be responsible for the District, if it is estabiished, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Heazing, file a report with the City Council, and which is to be made a part of as3i~sss.z 2 the record of the Hearing, containing a brief description of the District and his or her estimate of the cost of providing additional law enforcement, fire and pazamedic services within the boundazy of the District. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including ali costs associated with the creation of the District, determination of the amount of any special taYes, collection of any special taxes, or costs otherwise incurred in order to carry 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 creating the District. The City may enter into an agreement to repay a11 of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Taac, if the proposal to levy such taac should fail, and to repay all of such funds advanced if the levy of the Special Tas shall be approved by the qualified electors of the District. 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 District. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of a11 interested persons or ta~cpayers will be heazd, a description of the protest rights of the registered voters and landowners in the proposed District as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shali be completed at least 7 days prior to the date of the Hearing. Section 10. The voting procedure with respect to the establishment of the District and the imposition of the special taac shall be by hand delivered ballot election. 45317885.2 3 PASSED, APPROVED AND ADOPTED this 24th day of June , 2003. ATT T: ity Clerk of the City of Lak Elsinore 45317885.1 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ) ss. ) I, Vi cki Kasad City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at a reqular meeting thereof held on the 24th day of June , 2003, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, BRINLEY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: BUCKLEY By: City Clerk of the City of Lake Elsinore 45317885.1 $ EXHIBTT A RATE AND METHOD OF APPORTIONMENT 'OF SPECIAL TAX 45317885.1 CITY OF LAKE ELSINORE COMMiJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMF.DIC SERVICES) RATE AND METHOI} OF APPORTIONM~NT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residenrial Property and Developed Multi-Family Properiy (as hereinafter defined} in City of Lake Elsinore Community Facilities Dish-ict No. 2003-1 (Law Enforcement, Fire and Pazamedic Services) (the "District"), in accordance with the rate and method of apportionntent of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential Property or Developed Mulri-Family Property shall be exempt from the Maximum Annual Special Taxes of the Dish-ict. Definifions 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 Properry. 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 construction of a Unit that is located or shall be located within a building in which each of the individua] 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 bui(ding permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not a Developed Multi-Family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Mcuimum Annual Special Taxes. The maximum annual speeial taices levied within the District for any Fiscal Yeaz. 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 Multi- Family Property. Beginning in Fiscal Year 2003-04, and in all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residentiai Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in the Fiscal Yeaz 2004-05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annua] Special Taxes shall be levied in perpetuity so long as the Law Enforcement, Fire and Pazamedic Services aze being provided within the District. 45319308.2 The Maximum 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 ]ien priority in case of delinquency as is provided for ad valorem taxes. The Ma~cimum Annual Special Taxes when levied shall be secured by the lien imposed pursuant to Secrion 3115.5 of the Sireets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Talces. The lien of the Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the mamier provided by Section 53330.5 of the Government Code. 453193082 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI 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 24"' day of June, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: \ ~ ~ lti~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIF012NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE BUCKLEY 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. 2003-21 of said Council, and that the same has not been amended or repealed. DA'~`E: June 30, 2003 VICTKi KASAD, CM¢, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)