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Home My WebLink AboutCC Reso No 2003-37RESOLUTION NO. 2003-37 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING TAE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMIJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, Califomia (the "City"), has heretofore adopted Resolution No. 2003-21 stating its intention to form 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. 2003-21, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, 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 the District prior 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. 2003-21 set August 12, 2003 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 heazing 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 City Of Lake Elsinore does hereby resolve, determine and order as follows: Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior 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. 2003-1 (Law Enforcement, Fire and Pazamedic Services)" ("the DistricP') is hereby estabiished pursuant to the Act. 453I7887.1 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 Resolution No. 2003-21 and incorporated herein by reference, shall be the boundaries of the District. The map of the proposed boundazies of the District has been recorded in the Office of the County Recorder of Riverside County, Califomia in Book 53 , page(,~ of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number~ ao 0 3-~ b~~ q~J • 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 portion of the cost of providing law enforcement, fire and paramedic services that aze in addition to those provided in the territary 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 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 autharized services and administrative expenses and to fixnd and rep(enish any reserve fund established for the District. 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 tax shall attach to all nonexempt real property in the City, 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 the District. Section 7. The Council finds that there is not an ad valorem property tax cunently being levied on property within the proposed District for the exclusive purpose of financing law enforcement, fire and paramedic services. 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 tas within the District, have not been filed by fifry percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the azea of land within the proposed District. Section 9. Written protests against the future annexation of the Future Annexation Area, or against the furnishing of specified services or facilities or the levying of a specified special tvc within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (i/2) or more of the area of land within the Future Annexation Area. Section 10. The Office of the City Manager, 130 South Main Street, La1ce Elsinore, California 92530, (909) 674-3124, or its designee, is designated to be responsible for preparing annuaily a current roll of specia( tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. 45317887.1 2 ~ Section 11. 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 establisl~ment of the appropriation limit. PASSED, APPROVED AND ADOPTED thisl2th day of Auqust , 2003. ATTEST: r City Clerk APPRO~ED AS TO FORM: .,r~ .e ~r(_ bara Zeid L ibold, City Attorney UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, NONE NONE NONE HICKMAN, KELLEY, SCHIFFNER, BRINLEY 45317887.1 EXHIBIT A RATE AND METAOD OF APPORTIONMENT OF SPECIAL TAX 45317&87.1 CITY OF LAKE ELSINORE COMMUIVII'Y FACII,TTIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FII2E AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special ta~ces shall be annually levied on al1 Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Faciliries Dish-ict No. 2003-1 (I,aw Enforcement, Fire and Paramedic Services) (the "DistricY'), in accordance with the rate and method of apportionment of special talces hereinafter set forth. All of the property within the Dish-ict that is not Developed Residential Property or Developed Multi-Family Proper[y shall be exempt from the Ma~cimum Annual Special Taxes of the District. De6nitions Assessor's Parcel. A parcel of land in the Dish-ict designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. Ciry. City of Lake Elsinore, Califomia. 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 any Fiscal Year for the conshuction of a Unit that is located or shall be located within a building in which each of the individuai Units has or shall have at least one common wall with another Unit. Developed Residential Property. A11 o[her Assessor's Parcels in the District for which a building pecmit 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 foltowing June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each sepazate residenrial dwelling unit, which comprises an independent facility capable of conveyance or use sepazate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Mnual Speciai Taxes As of 7uly 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the D'utrict constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2003-04, and in all subsequent Fiscal Yeus, the City shall levy the Mauimum Annual Special Taxes on each Assessor's Parcel of Developed Residential Properry in the amount of $3f)0 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 Year 2004-05, and each Fiscal Year thereafter. Duration of the Maaumum Annual Special Taxes The Maximum Annual Special Ta~ces shall be levied m perpetuity so long as the Law Enforcement, Fire and Paramedic Services are being provided within the District. 45319308.2 The Maximum Annual Special Talces levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes aze 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 continuing lien and shalt secure each levy of Maximum Annual Special Tases. The lien of the Maximum Annual Special Taxes shall continue in force and effect unril the Special Tax ceases to be levied in the manner 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 CERTIFI' 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 12th day of August, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: ~ ~1~' VICHI KA~AD, 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, 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. 2003-37 of said Council, and that the same has not been amended or repealed. D E: August 14, 2003 ~ ~`~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)