HomeMy WebLinkAboutCC Reso No 2003-43RESOLUTION NO. 2003-43
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 WITHIN ANNEXATION AREA NO. 1
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 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 District will finance law enforcement, fire and pazamedic 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 boundazies of the
District; and
WHEREAS, the Council has provided for the annexation in the future of tenitory (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 the Lake Elsinore -
Canyon Lake, LP requesting annexation of property owned by the Lake Eisinore - Canyon Lake,
LP, 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 i. The Council hereby determines to institute proceedings far the annexation
of Annexation Area No. 1 into the District under the terms of the Act. The exterior boundazies
of the area to be annexed (Annexation Area No. 1) 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. 1," which map indicates by a boundary line
the extent of the territory included in Annexation Area No. 1 and shall govern for all details as to
the extent of Annexation Area No. 1. On the original and one copy of the map of such
Annexation Area No. 1 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 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. 1, which area is to be subject to a
special tas 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 Amiexation Area No. 1, evidencing the date and
adoption of this resolution. The City Clerk shali 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 azea shall be "City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No. 1."
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 tas (the
"Special Tas") sufficient to finance law enforcement, fire and pazamedic services that are in
addition to those provided in the territory within Annexation Area No. 1 prior to the annexation
of Annexation Area No. 1 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 T~ and all other costs of the lery of the Special Tas, including any
foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other
administrative costs of the ta~c levy. The Special Tax will be secured by recordation of a
continuing lien against all non-exempt real properiy in the proposed Annexation Area No. 1.
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 annexation of Annexation Area No. 1 will not result in any change to the special tax
rates levied in the District prior to such annexation.
The Special Tas 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 Taac applicable to a parcel to be used for private residential
purposes, as set forth in E~ibit A, is specified as a dollar amount which sha11 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 pazcel 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. 1
by more than 10 percent. As specified by the Act, far purposes of this pazagraph, 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 "Hearing") on the annexation of Annexation Area
No. i and the proposed rate and method of apportionment of the Special Taac shall be held on
October 14, 2003, at 7:00 dclock 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 piace set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed Annexation
Area No. 1, 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. 1 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. 1
and his or her estimate of the cost of providing additional law enforcement, fire and paramedic
services within the boundary of Amiexation Area No. 1. The City Manager is directed to
estimate the fair and reasonable cost of all incidental expenses, including all costs associated
with the annexation of Annexation Area No. 1, determination of the amount of any special taxes,
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 sowces, including
private persons or private entities, and is authorized and directed to use such funds for any
autharized purpose, including any cost incurred by the City in annexing the proposed Annexation
Area No. 1. 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 Special
Tas, if the proposal to levy such taac 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. 1.
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 azea of the proposed Annexation Area No. 1. 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 taacpayers will be heard, a description of the protest rights of the registered
voters and landowners in the proposed Annexation Area No. 1 as provided in Section 5339.5 of
the Act and a description of the proposed voting procedure for the election required by the Act.
Such publication shall be completed at least 7 days prior to the date of the Heazing.
Section 10. The voting 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 ADOPTED this 26th day of August, 2003.
ATTEST:
~ ~~
City Clerk of the City of Lake Elsinore
APPROVED AS TO FO
,
ara Zeid L ibold, City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
I, Vicki Kasad, CMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Resolution was duly adopted by the City Councii of said City at a regular meeting
thereof held on the 26th day of August; 2003, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, BRINLEY
NONE
NONE
NONE
By: ` ~._, ~o~t
City erk of the City of
Lake Elsinore
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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
26`n day of August, 2003, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
A 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)
BUCKLEY, HICKMAN, KELLEY,
SCffiFFNER, BRINLEY
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. 2003-43 of said Council, and that the same has not been amended or
repealed.
D . October 15, 2003
~~` r~--P'/~T' ~
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
CITY OF LAKE ELSINORE
COMMUNITY FAC'IL•_TT~'~ DISTRICT NO. 20D3-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIOI~TMENT OF SPECIAL TAX
Introduction
Special hlces shall be annually levied on all Developed Residential Property and Developed
Multi-Family Property (as hereinafterdefined) in City of Lake Elsinore Community Faciliries Diskict No.
2003-t (I,aw 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 properiy within the Dishict that
is not Deve!oped Residenfial Property or Developed Multi-Family Property shall be exempt from the
Mvcimum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A pazcel of land in the Dish-ict designated and assigned a discrete idenfifying
number on a map of the County Assessor of the County of Riverside.
Ciry. City of I,ake 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 construction of a
Unit that is located or shall be located within a building in which each of the individual Units has or sha11
have at Icast one common wall with another Unit
Developed Ltesidentia! 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 conshuction
of a Unit that is not a Developed Mulri-Family Property.
Fisca! Year. The period beginning on July 1 and ending on the following June 30.
Maxiinum Annual Spuial Taxu. The maximum annual special taxes levied within the Dislrict
for any Fiscal Year.
Uni[. Each separate residenrial dwelling unit, which comprises an independent facility capable of
conveyance or use separate from adjacent dwelling units.
Rate and Method ot Apportioument of Ma~cimum Annual Special Taxes
As of luly i of each Fiscal Year, commencing 7uly 1, 2003, the City shatl determine which of [he
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 Residential Property in
the amount of $3Q0 and on each Assessor's Parcet 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.
Duraflon of the MaTCimum Annual Specia! Taxes
The Maximum Annual Special Ta~ces shall be levied in perpetuity so long as the Law
Enforcement, Fire and Paramedic Services are being provided within the Dishict
453t93082
The Maacimum Annuai Special Ta~ces 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 tfie same penalties and
the same procedure, sale, and lien priority in case of delinquency as is provided for ad valarem taxes.
The Maximum Annual Special Taxes when levied shall be secured by the lien imposed piusuant to
Section 3115.5 of the SGeets and Highways Code. This lien shall be a continuing lien and shall secure
each levy of Maximum Annual Special Taaces. The lien of the Maximum Annual Special Ta~ces shaH
continue in force and effect unti! the Special Tax ceases to be levied in the manner provided by Section
53330.5 of the Government Code.
453193082