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No. RDA 1ORDINANCE NO. _ R DA 1 AN ORDINANCE OF THE GOVERNING BOARD OF THE REDEVEIAPMENT AGENCY OF 1'IIE CffY OF LAKE ELSINORE LEVYING SPECIAI, TAXES WITHIN TIIE REDL'VELOPRiIs'NTAGENCY OFTHE CITY OF LAKE I:LSINORE COMMUNITY FACILITIIs5 DISTRICT N0.90-2 (TUSCANY IIILLS PUBLIC II~1I'ROVEMENTS) Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled "A Resolution of Intention to Establish. a Community Facilities District and to Authorize -- the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the.,"Resolution of Intention"), stating its intention to establish the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) (the "District") pw•suant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this Governing Board to form the District and to provide for the Facilities; WHEREAS, this Governing Board has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this Governing Board and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this Governing Board adopted resolutions entitled "A Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishruent of the Appropriations Limit to tike Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting Proposition t,o the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, ]eying a special tax, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible Iandowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the Governing Board of the Redevelopment Agency of the City of Lake Elsinore ordains as follows: Section 1. By the passage of this Ordinance this Governing Board hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections .53328 and 53340, at the rate and in accordance with the formula set forth iv the Resolution of Formation which Resolution is by this reference incorporated herein. 'fhe special taxes are hereby levied commencing in fiscal ,year 1991- 92 and in each fiscal year thereafter until payment in full of any bonds of the Agency issued for the District (the "Bonds") and all costs of administering the District. Section 2. Thr, Director of Administrative Services of the City o£Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year fur each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. Section. 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the Agency in administering the District and the costs of collecting and administering the special tax. ' Section 6. The special taxes shall be collected in the same. manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section b3356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City of Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special Lax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Chairman shall sign this Ordinance and the Secretary shall cause the same to be published within fifteen (lb) days after its passage at least once in a newspaper of general circulation published and circulated. in the area of the District. Section 8. This Ordinance shall take effect 30 days from the date of final passage. PASSED UPON FIRST READING this 27th day of Ncvember, 1990, by the following roll call vote: AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER, BUCK NOES:. BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: STARKEY ABSTAIN: BOARDMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 11th day of December, 1990 by the following roll call vote: AYES: BOARDMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER, BUCK NOES: BOARDMEMBERS: NONE. ABSENT: BOARDMEMBERS: NONE ABSTAIN; BOARDMEMBERS: NONE APPROVED AS TO FORM & LEf,ALITY: ILLIAM S. BUCK, CHAIRM9N REDEVELOPMENT AC,ENCY ~t/IYII JOHN R. HA PER, L COUNS ORDIlVANCE NO. RDA 1 AN ORDINANCE OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.90-2 (TUSCANY HILLS PUBLIC IlI~ROVEMENT5) Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution o£ Intention"), stating its intention to establish the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this Governing Board to form the District and to provide for the Facilities; WHEREAS, this Governing Board has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy o£ said special taxes were heard, substantial evidence was presented and considered by this Governing Board and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this Governing Board adopted resolutions entitled "A Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 {Tuscany Hills Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy o£ the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the Governing Board of the Redevelopment Agency of the City of Lake Elsinore ordains as follows: Section 1. By the passage of this Ordinance this Governing Board hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference - incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991- 92 and in each fiscal year thereafter until payment in full of any bonds of the Agency issued for the District (the "Bonds") and all costs of administering the District. Section 2. The Director of Administrative Services of the City of Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the Agency in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City of Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application o£ the special tax to the remaining parcels within the District shall not be affected. Section 7. The Chairman shall sign this Ordinance and the Secretary shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the area of the District. Section 8. This Ordinance shall take effect 30 days from the date of final passage. PASSED upon first reading this 27th day of November, 1990, upon the following vote: -AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER, BUCK .NOES: BOARDMEMBERS: NONE ABSENT: 60ARDMEMBERS: STARKEY ABSTAIN: BOARDMEMBERS: NONE PASSED AND ADOPTED this 11 day of December, 1990, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: (S E Atte By: DOMIN(IUEZ, STARKEY, WASHBURN, WINKLER, BOOK NONE NONE APPROVED AS 'f0 FORM AND LLGALPI'Y: JOHN R. I1AI2PLR, LE AL COUNSEL YY lllliilll p. DUGH, Ulldlf'1llQ11 Redevelopment Agency of the City of Lake Elsinore Redevelopment Agency of the City of Lake Elsinore ORDINANCE N0. Rya 2 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING GUIDELINES FOR PROCESSING THOSE CLAIMS FOR MONEY OR DAMAGES NOT NOW GOVERNED BY STATE OR LOCAL LAWS WHEREAS, any party with a claim for money or damages against a public agency must first file a claim directly with that entity, and WHEREAS, the agency then has the ability to deny or reject said claims, and WHEREAS, the party filing the claim may file a lawsuit, and WHEREAS, under Government Code Section 905, there are twelve exceptions to claim filing requirements, and WHEREAS, subdivision (i) of the Government Code Section 905 exempts claims by the State or by a State department or agency or by another public agency from the requirement of filing a claim with a public entity, thereby allowing a claim to be filed directly in Court without the necessity of having been previously considered by the Agency, and WHEREAS, Government Code Section 935 provides an option for public entities to establish their own policies and procedures for the presentation of claims which are exempted by Section 905 of the Government Code, and WHEREAS, enactment of the subject Ordinance will require State and other public agencies to follow the same claim filing procedures as all other claims. NOW, THEREFORE, THE BOARD OF DIRECTORS FOR THE REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1.10.01. Pursuant to the authority contained in Section 935 of the Government Code of the State of California, the following claims procedures established for those claims against the Redevelopment Agency for the City of Lake Elsinore for money or damages not now governed by State or local laws. Section 1.10.002. Notwithstanding the exemptions set forth in Section 905 of the Government Code of the State of California, all claims against the Redevelopment Agency for the City of Lake Elsinore for damages or money, when a procedure for processing such claims is not otherwise provided by the State or local laws, shall be presented within the time limitations and in a manner prescribed by Sections 910 through 915.2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945 through 946 of the Government Code of the State relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Board of Directors. i INTRODUCED AND APPROVED UPON FIRST READING BY TITLE ONLY, this 9th day of May, 1995, by the following roll call vote: AYES: BOARDMEMBERS: ALONGI, BENDER, WASHBURN, PAPS NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: BRINLEY ABSTAIN: BOARDMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE ONLY, this 23rd day of May, 1995, by the following roll call vote: AYES: BOARDMEMBERS: ALONGI, BENDER, BRINLEY, PAPE NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: WASHBURN ABSTAIN: BOARDMEMBERS: NONE A TEST: ~~~~ VICKI KASAD, CLERK OF THE BOARD APPROVED AS TO LEGAL FORM: ~~ JOHN R. HARPER, E AL COUNSEL ~ i~J , IN W. PAPE, CHAIRMAN EVELOPMENT AGENCY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on May 9, 1995, and passed on May 23, 1995, by the following roll call vote: AYES: BOARDMEMBERS: ALONGI, BENDER, BRINLEY, PAPE NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: WASHBURN ABSTAIN: BOARDMEMBERS: NONE VICKI KASAD CITY CLERK CITY OF LAKS $LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 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 Ordinance No. RDA 2 of said Council, and that the same has not been amended or repealed. DATED: May 25, 1995