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HomeMy WebLinkAboutCC Reso No 1992-83s RESOLUTION NO. 92-83 A RESOLUTION OF FORMATION OF CITY OF LANE ELSINORE COMMUNITY FACILITIES DISTRICT N0.92.1 (LAKE ELSINORE PLAZA PUBLIC IMPROVEMENTS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIIVIINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBNL['I"a~ING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIIVIIT TO THE QUALII~'IED ELECTORS OF THE DISTRICT City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) RESOLVED by the City Council of the City of Lake Elsinore (the "City") that: WHEREAS, on October 27, 1992, this City Council 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 form the City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities to be financed, the cost of providing such facilities, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation and extent of the District, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this City Council on said matters before it, including a report by the Director of Public Works (the "Report") as to the facilities to be provided through the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing was fully advised with respect to the premises; and WHEREAS, copies of the Report and the list of facilities to be fmanced and rate and method of apportionment of the special taxes have been delivered to the landowners within the District p;ior to the date hereof; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one- half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed facilities to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (]!2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 63324 of the Act. 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements)" is hereby established pursuant to the Act. b. The boundaries of the District, as set forth in the map of the District heretofore recorded in the Riverside County Recorder's Office in Book 35 at Page 95 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. 6. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A attached hereto and by this reference incorporated herein (the "Facilities"). 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. -2- ~: 8. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. 9. The Director of Administrative Services of the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92330, telephone number (714) 674-3124, is the officer for the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.b of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. 11. In accordance with Section 63325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $3,000,000 and said appropriations Imit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. 12. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which shall be as specified by a separate resolution of this City Council. ***r******* PASSED AND ADOPTED this 8th day of December, 1992, by the following vote: AYES: COUNCILMEMBERS: AL01•J~I, CHERVENY, DOP1INGUEZ, 41INKLER, b!ASHBURN NOES: COUNCILMEMBERS: NOPJE ABSENT: COUNCILMEMBERS: NONE M. Washburn, Mayor ty of Lake Elsinore (SEAL) By: City of Lake -3- r: p„ ~. ~j. r' '.H. EIZ~TT A DESCRIPTION OF FACIIITIES TO BE FINANCED BY THE DISPRICT City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements) FACILITIES: A. Street improvements. The street improvements consist of the right-of--way acquisition, site preparation, rough grading, precise grading, slope and erosion control, curb, gutter, sidewalk, paving, street lights, traffic signals, storm drainage, utilities (including but not limited to the cost for relocation of utilities, lines and other fixtures necessary for the street improvements), landscaping, irrigation and appurtenances in the public streets and public easements within and in the area of the CFD, or otherwise required for development within the CFD. B. Sanitary Sewer. The sanitary sewer system consists of pump stations, gravity mains, force mains, manholes and appurtenances in the public streets and public easements within and in the area of the CFD) or otherwise required for development within the CFD. C. Domestic Water. The domestic water system consists of booster pumping stations, pressure reducing stations, distribution mains and appurtenances in the public streets within and in the vicinity of the District. OTHER: 1. Costs of engineering, design, planning and coordination related to the above-listed facilities. 2. Bond related expenses, including bond counsel and all other incidental expenses. 3. Administrative fees of the City, the Lake Elsinore Public Financing Authority and any Bond fiscal agent related to the District and the Bonds. 4. An amount necessary to discharge all or any portion of assessment lien on property within the District. 6. An amount for traffic, water, and/or sewer impact fees payable incident to development within the District. A-1 >x L': ~X' EXYIIBYT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES CITY OF LAKE ELSINORE COMM[JNITY FACILITIES DISTRICT NO. 9z-1 (Lake Elsinore Plaza Public Innprovements) A special tax shalt be levied on each Parcel of land within file City of Lake Elsinore Community Facilities District No. 92x1 (Lake Elsinore Plaza Public Improvements) (the "District"), and collected according to the Special Tax Liability determined by the Responsible Party of the City of Lake Elsinore (the "City") through the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in file same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedttrea, sale and lien priority in Casa of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the City for the District. Notwithstanding the foregoing, the City may collect the special taxes at such other tunes or in such other mamier as necessary or convenient to satisfy the obligations of the District. MARIAZUM SPECIAL. TAR The maximum special tax that may be levied in the Fiscal Year ending Juna 30,1994 oa any Parcel shall not exceed the sum of. (i) The maximum building special tax rate of 50.70 per building square foot, multiplied times the sum of the Building Floor Area for all buildings on the Parcel; plus (ii) The maximum land special tax rate of X0.31 per laud square foot, multiplied times the Land Area of the Parcel. The maximum spacial tax shall. be levied annually. The maximum bnildin~special~~Y the maximum land special, tax ahaII increase each Fiscal. Year by 296 , comp A Parcel shall be subject to the maximum special tax for not more than 30 years. ~,,,,"u"b,uin~ptwszl..ot ~ B-1 's ASSIGNMENT' TO CATEGORIES; LEVY ANNUAL TAX CATEGORIES On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the County's secured tax roll, the Responsible Party shall determine for each Parcel within the District, whether or not such Parcel is Taxable Properly. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the March 1 preceding such 7uly 1. The Responsible Party shall then determine the estimated aggregate Spacial Tax Liability for the Fiscal Year commencing such July 1, and levy on each Parcel, as follows: Step 1: Detetmiae the total Building Floor Area, for each respective Parcel and for all Percale in the District. Step 2: Calculate the annual building tax rate at 85 % of the Special Tax Liability, divided by the total Building Floor Area for all Parcels. Step 3: Multiply the total Building Floor Area for each reapective Parcel by the leaser of: (i) the annual building tax rate; or (u) the maximum building special. tax rate. Step 4: Determine the total Land Area, by Parcel and for all Parcels in the District. Step 5: Calculate the annual land tax rate as the lesser of: (i) the Special Tax Liability, less the total of the funds generated for all Parcels under Step 3 above, divided by the total Land Square Footage for all Parcels; or (ii) the maximum land special tax. Step 6: Calculate the sum of the Building Tax. Rate (from Step 3) and the Land Tax Rate (from Step 5) for each Pazcel. ,~.v.tada~~i.ut B-2 ~: r- n PREPAYMENTS Prepayments may be. trade for property subject to the levy of the special taxes. Any property ownex in the District that desires to prepay the annual special texas oa a partleular Parcel shall notify the Responsible Party in writing of such intention and tho estimated amount of prepayment. The entire annual special taxes for any Parcel may bo prepaid as follows: (a) The Parcel with respect to which prepayment is to be made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall. not relieve any property owner from paying those special texts which have akeady become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid. (b) The Parcel prepayment amount for a Parcel shall be calculated based upon the Present Value Factor of the retraining maximum annual special taxes. DEFINTI'IONS Adtnlttistrafive Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of City general administrative overhead related thereto, any amounts paid by the City from its general funds with respect to the District or the Bonds, and aII other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the City, in any way related to administration of the District. fonds means any bonds of the City issued for the District under Mello-Roos Community Facilities Act of 1982, as amended. Building Floor Area means the area included within the surrounding exterior walls of a building, including each floor of multiple story buildings, exclusive of vent shafts and courts (defined hers as open and unobstructed to the sky). The Building Floor Area will be determined by reference to City approved building plans or other such doatmentation as the City shall detetmiste. City means the City of Rake Elsinore. npocplLk.l,fnydan921..ck B-3 r County means the County of Riverside. Debt Service, for each Fiscal Ycar, is the total annual principal and interost payment on the Banda during the calendar Year which conmtences in such Fiscal Year, less any capitalized interest and airy other amounts remaisting in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year. District means the City of Lake Elsinore Community Facilities District No. 92-1 (Lake Elsinore Plaza Public Improvements). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from time to time. PSscal Year means the period starting on July 1 and ending the following June 30. Land Area means the measure of Taxable Property for a Parcel, in square feet of land. Parcel means any County Assessor's parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County. Present Valae Factor means the factor reprosentmg the net prosent value of future annual special taxes calculated based on a discount rate to reflect the net interest costs on the Bonds, any redemption fees on the Bonds, and applicable Administrative pxpenaes. Resolation of Issuattt~ is any Resolution adopted by the City authorizing the issuance of Bonds. Responsible Party is any person or persons who the City may appoint from tithe w time to compute the levy of the special taxes within the District. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal. Year, Administrative I3xpenses for such Fiscal Year, an amount determined by the Responsible Party to offset past delinquencies and projected tart deluirtquencics to occur in such Fiscal Year, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property is all real property within the boundaries of the District wsh~all not be exempt from the special tax Pursuant to law' except that the following p~ri3' taxed: any acres of land (up to an aggregate of the fast 1.5 acres so designated) owned, wnveyed oz irrevocably offered for dedication to and accepted by a Public agency, or land which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the Purpose set forth in the easement. ~wbold,n~Nza92t.~ek B-4 F. a): 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 Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on 8th day of December, 1992, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE U~, ,~~~ VICKI. it1'e;aAD, CITY CLERK CITY OF LAKE ELSINORE (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 Resolution No. 92-83 of said Council, and that the same has nut been amended or repealed. D TED: December 14, 1992 ~~<~ VI'CKL KASAD; CIT CLERK CITY OF LAKE ELSINORE (SEAL)