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HomeMy WebLinkAboutCC Reso No 2003-56RESOLUTION NO. 2003- 56a- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE FORMATION AND THE LEVY OF ASSESSMENTS FOR LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "AcY'), did on the 26th day of August, 2003, adopt a resolution initiating proceedings for the formation of Landscape and Street Lighting District No. l(the "District") for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolurion is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the properiy owner of said District has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment; and 4VHEREAS, the property owner by signing said petition, hereby waives the statutory requirements for the 45-day noticing period far the public hearing and rights of majorityprotest; and WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting District Na 1, showing the boundaries of the District, which aze benefited by the improvements and the amount to be assessed against each of the pazcels within the District; and WHEREAS, the diagram and assessment have been filed with the City Clerk and aze open to public inspection and may be referred to for all details regarding the improvements, the boundary of the District, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and conceming the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed wark. RESOLUTION NO. 2003-~,~ October 14, 2003 - Page 2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY TFIE C1TY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA: SECTION 1. That the above recitals are true and correct. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1. Installation, construction, or maintenance of any authorized improvements under the Act, including, but not 1'united to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the prepazation of a report in accordance with Article 4 of the Act for the District and which is on file with the City Clerk. SECTION 4. A diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the nnprovements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby fmds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the District boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 2003-~ October 14, 2003 - Page 3 PASSED, APPROVED, AND ADOPTED this day 14th of October , 2003. PAMELA BI~INLEY, MA A TEST: _ I VICKI KASAD, CITY CLERK APP VED AS TO F RM: B ARA LEIB LD, CITY ATTORNEY STATE OF CALIFORNIA ) COIJNTY OF RNERSIDE ) ss. CITY OF LAI{.E ELSINORE ) I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held on the 14thday of October, 2003 by the following vote of Council: AYES: COLJNCILMEMBERS ~ BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE VICKI KASAD, CITY RESOLUTION NO. 2003-S~fJ October 14, 2003 - Page 4 Exhibit A Landscaoe and Street Liethtine Maintenance liistrict 1VO. 1 363-03 . . w's!•N'os~ y :f~rvY . ~ . k tof t ~ O O O ~ v ~ o 3~Ae3~ 3/1t.f ~ SAe! 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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: COUNCILMEMBER5: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TAIN: COUNCILMEMBERS: ~, `~- i~~1 VICKI 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, SCHIFFNER, BRINLEY NONE NONE NONE 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. 2003-56 of said Council, and that the same has not been amended or repealed. D . October 15, 2003 ~ /~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 2003-56~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERNIINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 48 stating its intention to annex certain property ("Annexation Area No. 3") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enfarcement, Fire and Paramedic Services) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "AcY'); and WHEREAS, the Council has heretofore adopted Resolution No. 49 stating its intention to annex certain property ("Annexation Area No. 4") into the District pursuant to the Act and WHEREAS, a copy of Resolution No. 48, incorporating a description and map of the proposed boundaries of Annexation Area No. 3 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 3, 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 Annexation Area No. 3 prior to the annexation of Annexation Area No. 3 to the District and do not supplant services already available within the territory of proposed to be inciuded in Annexation Area No. 3, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, a copy of Resolution No. 49, incorporating a description and map of the proposed boundaries of Annexation Area No. 4 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 4, 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 Annexation Area No. 4 prior to the annexation of Annexation Area No. 4 to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 4, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 48 and Resolution No. 49 set November 25, 2003 as the date of the public hearing on the annexation of Annexation Area No. 3 and Annexation Area No. 4 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing a11 persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 3 and Annexation Area No. 4 to 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; 45367576.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), 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. Annexation Area No. 3 and Annexation Area No. 4 is hereby annexed into the District. Section 3. The description and map of the boundaries of Annexation Area No. 3 on file in the City Clerk's office and as described in said Resolution No. 48 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 3. The map of the proposed boundazies of Annexation Area No. 3 has been recorded in the Office of the County Recorder of Riverside County, California in Book55> pageaSf-1N of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number ~o0 3- gys'711 Section 4. The description and map of the boundaries of Annexation Area No. 4 on file in the City Clerk's office and as described in said Resolution No. 49 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 4. The map of the proposed boundaries of Annexation Area No. 4 has been recorded in the Office of the County Recorder of Riverside County, California in Book 5S , page 30-3~_ of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number Oo3- . g9571 2 Section 5. 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 are in addition to those provided in the territory within Annexation Area No. 3 and Annexation Area No. 4 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 3 and Annexation Area No. 4 and other costs, including but not limited to all costs of the ta~c 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 sha11 be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Amiexation Area No. 3 and Annexation Area No. 4. Section 6. 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 taY shall attach to all nonexempt real property in Annexation Area No. 3 and Annexation Area No. 4, 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 tas by the City ceases. 45367576.1 2 Section 7. 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 Annexation Area No. 3 and Annexation Area No. 4. Section 8. The Council finds that there is not an ad valorem property tas currently being levied on properry within Annexation Area No. 3 or Annexation Area No. 4 for the exclusive purpose of financing law enforcement, fire and paramedic services. Section 9. Written protests against annexation of Annexation Area No. 3 or Annexation Area No. 4, or against the fiunishing of specified services or facilities or the levying of a specified special tas within Annexation Area No. 3 or Annexation Area No. 4, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within Annexation Area No. 3 or Annexation Area No. 4. Section 10. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (909) 674-3124, or its designee, is designated to be responsible for preparing annually a current roll of special taac levy obligations by assessor's parcel number and for estimating future special taY levies pursuant to Section 53340.1 of the Government Code. Section ll. 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 establishment of the appropriation lunit. 45367576.1 3 PASSED, APPROVED AND ADOPTED this 25th day of November, 2003. 45367576.1 ~ 4 City Clerk of the City of Lake Elsinare STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) )ss. ) I, Vicki 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 regular or adjourned regular meeting thereof held on the 25th day of November , 2003, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCILMEMBERS COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS: By: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NONE BRINLEY NE City Clerk of the City of Lake Elsinore 45367576.1 5 EXHIBIT A City of Lake Elsinore Community Facilities District No. 2003•1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax 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 Communiry Facilities District No. 2003-1 (Law 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 property within the District that is not Developed Residential 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 identifying 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 construction 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 ar prior to March 1 preceding any Fiscal Year for the construction 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 Tcixes. The maximum annual special taxes levied within the District for any Fiscal Yeaz. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of comeyance 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 all subsequent Fiscal Years, the City 45367576.1 shall levy the Maximum Annual Special Tases on each Assessor's Parcel of Developed Residential 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 Tazes 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 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 delinquency as is provided for ad 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 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 Section 53330.5 of the Government Code. 45367576.1 7 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 25th day of November, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: n'~/~ V ~.•. w!t~~-.~~e^~ ~ '4'I+C~I~t1SAD, L'_1'a~I , CITY CLERK/ H'zJMA14 RESOUP~~ES DIRECTOR ~~ITY Or LAKE ELSINORE (~N.AI.) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE BRINLEY 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. 2003-56 of said Council, and that the same has not been amended or repealed. DA~Et December 3, 2003 r ~~ J~ ~~. 'S VICKI i{ASAD, C , CITY CLERK/ ~?li14IAN RESOiJRCES DIRECTOR CTTY ~F LAKE ELSINORE (SEAL)