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HomeMy WebLinkAboutCC Reso No 2003-49RESOLUTION NO. 2003- 49 RE~SOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CTI'Y 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. 4 WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "Cit}~') has established City of Lake Elsinore Community Facilities Dishict 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 533ll of the Government Code of the State of California (the "AcY'); 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 tax 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. WF~REAS, the City has received a Consent and Waiver from Eastbridge Partners requesting annexation of property owned by Eastbridge Partners, which constitutes a portion of the Future Annexation Area, into the District; and NOW, THEREFORE, THE CTI'Y 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 annexation of Annexation Area No. 4 into the District under the terms of the Act. The exterior boundaries of the area to be annexed (Annexation Area No. 4) 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. 4," which map indicates by a boundary line the extent of the territory included in Annexation Area No. 4 and shall govern for all details as to the extent of Annexation Area No. 4. On the original and one copy of the map of such Annexation Area No. 4 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 Cierk 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. 4, 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. 4, 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 Enforcement, Fire and Paramedic Services), Annexation Area No. 4." 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 tax (the "Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation of Annexation Area No. 4 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 Taac 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 Tax will be secured by recordation of a continuing lien against all non-exempt real properiy in the proposed Annexation Area No. 4. The schedule of the rate and method of apportionment and manner of collection of the Special Taac is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 4 will not result in any change to the special talc rates levied in the District prior to such annexation. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. The masimum Special Tax applicable to a parcel 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 shail not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Taac 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 parcels within the proposed Annexation Area No. 4 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 for private residential use is issued. Section 5. A public hearing (the "Hearing") on the annexation of Annexation Area No. 4 and the proposed rate and method of apportionment of the Special Tas shall be held on November 25, 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 all persons owning lands or registered to vote within the proposed Annexation Area No. 3, may appeaz 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. 3 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 Annexarion Area No. 3 and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of Annexation Area No. 3. 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. 3, 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 sources, including private persons or private entities, and is authorized and directed to use such funds far any authorized purpose, including any cost incuned by the City in annexing the proposed Annexation Area No. 3. 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 Tax, if the proposal to levy such ta:c should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electars of Annexation Area No. 3: 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 Annexation Area No. 3. 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 taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 3 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 Hearing. Section 10. The voting procedure with respect to the establishment of the District and the imposition of the special tas shall be by mailed ballot election. PASSED, APPROVED AND ADOPTED this 14th day of October LAKE ELSINORE Pamela ATT T: ~~ City Clerk of the City of Lake Elsinore APPROVED AS TO FO G~ ~ B ara Zeid Lei ld, City Attorney APPROVED UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS 2003. BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: NONE NONE ABSTAIN: COUNCILMEMBERS: NONE EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX City of Lake Elsinore IXHIBIT "A" CFD No. 2003-i (l.aw Enforcement, Fre and Paramedic Services) Rate and Method of Apportionmentof Special Taxes City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fre and Paramedic Services) Rate and Method of Apportionment of Special Tax Introduction June24,2003 Page A-1 Special taxes shall be annually levied on all Developed Residential Property and Developed Mulri-Family Property (as hereinafter defined) in the City of Lake Etsinore Community Pacilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricY'), in accordance with the rate and method of apportionment o£ special taxes hereinafter set foRh. All oF the property within the Dishict that is not Developed Residential or Developed Multi-Family Residential Properly shall be exempt from the Maximum Annual Special Taxes of the Distnct Definitions Assessor's Parcel. A parcel of land in the Dishict designated and assigned a discrete identifying number on a map of the County Assessor of tlie County of Rfverside. City. City of Lake Elsinore, California. Developed Multi-Family Prroperry. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March I 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 teast one common wall with another Unit. Developed Resi~lential Properry. All ofher Assessor's Parcels in the District for which a buiiding permit has been issued by the City on or prior to March t preceding any Fisca( Yeaz for the construction of a Unit that is not Developed Multi-famity PropeRy. Fiscal Year. The period beginning on Ju(y 1 and ending on the following June 30. Maximum Annual Specia[ Taxes. The maximum annual special taxes levied within the District for any Fiscal Yeac Unit. Each separate residential dweiling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelting units. I2ate and Method of Apportionment of N[aximum Annual Special Taxes As of July l of each Fiscal Year, commencing July (, 2003, the City shal( determine which of the Assessor's Parcels within the District constitute Developed 2esidential Property or Uevelopcu Mu(Ti-Family Propedy. Beginning in Fiscal Year 2003-04, and al( subsequent Fiscal Years, the City Q:~ELSINORG\O&bf_CFDUteport A~nesation No l cfd 200J_I Cake Efsinore.dce ~ ~ Harris & Associates City of Lake Elsinore E7(HIBIT "A" June 24, 2003 CFD No. 2003-1(Law Enfo~cement, Fre and Paramedic Services) Page A-2 Rate and Method of Apportionment of Special Taxes 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 $l50 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 Aunual 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 District. 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 lien priority in case of delinqueacy as is provided for acl valorem taxes. The Maximum 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 shal( secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Specia( Taxes shall continue in force and effect until the Special Tax ceases to be ievied in the manner provided by Section 533305 of the Govemment Code. Q-~ELS(NORE\O&M1t_CfDU2eport Aanesation No I cCd 2003_t [ake Elsinore.dx ~~ ~ Harris & Associates 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 14th day of October, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCffiFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABS AIN: COUNCILMEMBERS: ~ C I SA , M, ITY 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. 2003-49 of said Council, and that the same has not been amended or repealed. D TE: October 15, 2003 ~ ~~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)