Loading...
HomeMy WebLinkAboutCC Reso No 1991-09RESOLUTION NO. -91-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY TO COMMIJNITY FACILITIES DISTRICT NO. 88-3'(WEST LAKE ELSINORE) WHEREAS, on March 13, 1990, the City Council (the "City Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 89-76, establishing City of Lake Elsinore Community Facilities District No. BB-3 (West Lake Elsinore) (the "Community Facilities District"), pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982" (the "ACt"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; WHEREAS, on October 9, 1990 the City Council adopted Resolution No. 90-99, calling a special election for November 14, 1990, at which election the questions of levying " a special tag, establishing an appropriations limit and incurring bonded indebtedness within the Community Facilities District were submitted to the qualified electors within the Community Facilities District; and WHEREAS, on November 27, 1990, the City Council adopted Resolution No. 90-120 determining the result of such special election and finding that more than two-thirds (2/3) of all votes cast at such special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, certain property owners have submitted a petition, on file with the City Clerk of the City, requesting the City Council to institute proceedings for the annesation of property to the Community Facilities District; and wHEREAS, the City Council has determined to institute annesation proceedings and has determined to set a date, time and place for a public hearing relating thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby Petitions of Landowners for the anneaation of by such landowners and determines that public necessity require that said property be annea~ Community Facilities District and proceedings therefor pursuant to the authorization of the Section 3. The territory presently accepts the property owned convenience and ~d to the are initiated ACt. included in the Community Facilities District is more particularly described and shown on that certain map recorded on September 27, 1990 in Book 30, Pages 76-82 in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Riverside, California, a copy of which is attached hereto as Eahibit A. Section 4. It is the intention of the City Council to and the City Council hereby proposes to annea to the Community Facilities District that property identified on the map attached hereto as Eahibit B(the "Annesed Territory"). The map of the Community Facilities District incorporating the Anneaed Territory is attached hereto as Exhibit C, is hereby approved and upon completion of all proceedings contemplated herein, shail become the official boundary map of the Community Facilities District. The City Clerk is hereby authorized and directed to endorse the Certificate on said map evidencing the date and adoption of this resolution and is further authorized and directed to file said map with the County Recorder of the County of Riverside in accordance with the provisions of Section 3111 of the California Streets and Highways Code within 15 days of the adoption of this resolution and no later than 15 days prior to the date of the public hearing as set forth in Section 8 hereof. 2 3043c - Section 5. The types of public infrastructure facilities provided in the Annexed Territory shall be the same as those authorized to be provided in the existing Community Facilities District and shall generally include streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right of way acquisition approved by Resolution No. 89-76 (the "Facilities"). The public facilities authorized to be provided in the Community Facilities District and proposed to be provided to the Anneaed Territory are described in Eahibit D attached hereto and made a part hereof. Section 6. It is the intention of the City Council that a special ta$ sufficient to pay for the funding, financing, acquisition, construction, espansion and rehabilitation of the Facilities to be provided for the Annexed Territory shall be levied within the Anneaed Territory. The cost of acquiring, constructing, expanding and rehabilitating the Facilities includes incidental eapenses consisting of the costs of planning and designing the Facilities, including the costs of environmental evaluations thereof, all costs associated with the anneaation of the Anneaed Territory to the Community Facilities District, the issuance of bonds, the determination of the amount of any special taaes to be levied, the cost of collecting any special taaes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other eapenses incidental to the acquisition, construction, completion and inspection of the Facilities, and including the payment of interest on and principal of bonds proposed to be issued to finance the Facilities and including repayment of funds advanced to or on behalf of the Community Facilities District. Such special tax shall be equal to the special taa levied for the same types of Facilities and services within the eaisting Community 3 3043c ' Facilities District and shall be based on the same "Special Tas Methodology" as set forth in Eahibit E attached hereto. There shall be no alteration in the special taa rate methodology applied within the eaisting Community Facilities District as a result of the proposed annegation of property. Section 7. The City Council hereby finds and determines that the annexation of the Anneaed Territory will not increase the maaimum taa rate which may be levied within the Community Facilities District as a whole and will not impair the security of any bonds authorized to be issued. The City Council hereby further determines that the special taa proposed to pay for the Facilities financed with bonds secured by the existing Community Facilities District shall be the same for the Community Facilities District as a whole upon completion of the annegation. Section 8. Notice is hereby given that on the 26th day of February, 1991, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at the regular meeting place of the City Council, 545 Chaney Street, Lake Elsinore, California 92330, a public hearinq will be held at which the City Council shall consider the proposed annexation and levying of a special taa within the Annesed Territory pursuant to the Act and all other matters as set forth in this Resolution of Intention. At the above-mentioned time and place for such public hearing, any persons interested, including all property owners and registered voters within the Community Facilities District and the Anneged Territory, may appear, and the testimony of all interested persons for or against the anneaation of such territory to the Community Facilities District and the levying of the special taa, will be heard and considered. Any protest may be made orally or in writing, eacept that any protest pertaining to the regularity or sufficiency of the proceeding shall be in writing and shall clearly set 9 3043c ' forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fiaed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If fifty percent (50%) or more of the registered voters, or sia (6) registered voters, whichever is greater, residing within the eaisting Community Facilities District, or if fifty percent (50%) or more of the registered voters, or sia (6) registered voters, whichever is more, residing within the Anneaed Territory, or if the owners of one-half (1/2) or more of the area of land in the property included in the eaisting Community Facilities District, or if the owners of one-half (1/2) or more of the area of land in the Anneaed Territory, file written protests against the proposed addition of the Anneaed Territory to the eaisting Community Facilities District, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to anneg such Anneaed Territory shall be undertaken for a period of one (1) year from the date of such decision of the City Council on the issues discussed at the hearing. Section 9. If, following the public hearing described herein, the City Council determines to anneg the Anneged Territory and proposes to levy a special taa within the Anneaed Territory, the City Council shall then submit the levy of the special taa to the qualified electors within the boundaries of the Anneaed Territory. if at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the boundaries of the Anneaed Territory for each of the ninety (90) days preceding the close of the public hearinq, the vote shall be by registered voters of the Anneaed Territory with each voter having one (1) vote on the proposition of levying a special tax within the Anneaed Territory. Otherwise, the vote shall 5 3043c be a mail-ballot election, consistent with Section 53327.5 of the Act, by the landowners of the Anneaed Territory who are owners of record at the close of the public hearing, with each landowner having one (1) vote for each acre or portion of an acre of land within the Anneaed Territory in his, her_or.its ownership. The number of votes to be voted by a particular landowner shall be specified in the ballot provided to that landowner. Section 10. Notice of the.time and place of such public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing in the form required by Section 53322 of the Act shall be published in the Lake Elsinore Sun-Tribune, a newspaper of general circulation published in the area of the Community Facilities District and the Anneaed Territory, which publication shall be made pursuant to Section 6061 of the Government Code, and shall be completed at least seven (7) days prior to the date set for such public hearinq; further, a Notice of Public xearinq in the form required by Section 53322.4 of the Act shall be sent by first-class mail, postage prepaid, to each registered voter and to each landowner within the Annesed Territory as shown on the last equalized assessment roll. Such mailing shall be 6 3043c ' completed not less than fifteen (15) days prior to the date of such public hearing. PASSED, APPROVED and ADOPTED this 22nd day of January, 1991. AYES: COUNCILMEMBERS: 'BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNGILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: ~NE WASHBURN, MAYOR sL~ ~e~'""-~~~ I L'YNNE ~P.SAD, CITY CLERK APPROVED AS T,O FORM AND LEGALITY: R. HARPER,/C1~TY ATTORNEY 7 3043c ~ b ~".T.S'. INDEX MAP 1 NERESY CENTIFT TIUT TNE WITHIN M111 ENOWINO ~ROPOSEO OOIINpA111Et OF COMMIINIT~' f~CIl1TIEE DISTRICI Iq ~C~7 OF THE Cltt OF IAKE ELEINOIIE, Cp1MT OF RIVERSIOE, ET~TE OF C~LIFOqNI~, WAS •I9l10VED dY.li1E CRY COVNCII OF THE CITY OF UKE ELSINpRE. I.T A 11EOUIM MEEi1N0 HEPEOF NEID ON iNE OAY OF ~E~FIl~ FF -]" ~ 1~9Q. !Y IT6 PESOLVTION NO. 9^ - 9'1 ~ ' YjCKI ~KAS~D, CITY CLERK ~ LEGEND ~-~- eaw.nr ar olem~cr . ~w-n~-n ~eassm•a r,~em ruffnn . V1IRCEL BOVMDUI'I FIIFD 1NI5 .u?(_TM({'! U Ci~~ P^~5i Il~ ~. OF ~86tFM~~ MV~~.:.rc~U1,•(:'7:~B~~~~~/TIEB DIBTRICT IB N THE OFFICE OF TME WLMR IIECW~EII Of'TIC oDtJf.'T7 R MIYFIISIDE. ST~TE aF CnLI(aHl:l~. N0. 'L~! ! ~ r ~ FEE ~D~! __ O' VILL1~y'1~E. IC.~I~FAL CJIIhTi I~ENIDFA ¢Y..•~~.zrr . i~-J - oFPUrT TIIB BOUfIDMT NV' 1UOOB TE BOUOMT lNP tF C0.1'M~IIT F~cIl1TIEB OIBIRICT I:J. Ee-~ JNyEET6TB INfE EIBIMOP~ uF TIE CITY PREVIWBlFY6M1E1:01NEU ~ l:.,Mf 18~,I~.~~~TyEF ~E I~F~111. NiwM17T F1ICILITIEB DI6IRIGT6 AT PAOE6 _57_ iMq14N ~ IN THE aFFiCE ~F TE C~iMTT PEGaWFA aF TE fLIMi7 OF 0.1YER810E. YtAiE OF C/~LIF~~IA. T1I8 BOUDMt M1Y METOi TE EnL10Mi M1M OF CqMM1TT F~c~unra oienum uo. ee-a ~er u~ n.stNOnn 6 ne c~n ~ 6 LNtE L' BINORE. COIMTT Uf AIYEIIBIOE. BT~TE Of CN.iFtlWt11. ~1tEVIWeIT 11ECORDED ~T EOOK _ UF I~Y6 OF K&E83nEM ND IOMNIIT Fl~tllillE~ DISLItICT6 I1T I~CEY __ TROUI~1 __~ IN T!E OFFICE OF 11E CQ111tY IIEGVDFJI 6 ifE COUNTT OF RIYOISIUE. f1~7E OF ClLIFWII~. - - .. . ~mco t•e~sr DISTRICT BOUNDARIES "`"tt°°'"° NEST LAKE ELSINORE COMMUNITY FACILITIES DiSTftICT 1NFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES ~ISTRICT N0, 88-3 iN THE CITY OF LAKE ELSINORE. COUNTY QF RIVERSIDE. STATE OF CALIFORNIA ,..~ ...., .. ~ EXISTING COMMUNITY FACILITIES DISTRICT NO. 88-3 BOUNDARY PROPOSED ANNEXATION 111ERESY CERTIf7 iW1T iME WITHIH /MI fHOWINOIROPOSED . !t]VNpI1111E{ OF'COMMIIM~tt fACIlIl1Ef DISTRICT NO N•] OF TNE CITY OF LARE ELIINORE, CWNTY OF RIVEPSIDE, iT~TE OF C~UFORNI~, WAS IVHqYED ~Y TNE CtTY COVNCII OF TNE CITY OF UKE ELSINpRE. ~T A 11EWW1 MEEi1N0 NEREOF HEID ON iNE WT OF ~~ 1iM1FF 1'~ uvvQ, er na Acsownon r+o. a~ - az . ~ . 1 ~n r.. YICKI KASAO. CITY CLERK LEGEND ~~~ BqIOMT OF D16TqICf F-M-Il ~86E89011'8 IML£L NUBFJ~ P~RGEL SOVxD~HY 11 ~ 11 DISTRICT NO. 88-3 ri3!ie~o~s-.e?~TM:.n::`7.`~e~~o~aCc~)~~i~Fm~~~ oF liE M~M 11ECUnEII OF~'Ti[ mIM.'I7 QDRIY~EA'SIDEINSTLEEOf~FICE OF CI~IIftlVl1~. No. 3 59 3l'/ FEE ~~ VIILNI E. C~1.FALTr ~~'~'~ ~~~ P.7~ ~l~ •n • i ~ i.a~_~ - DEPUTY iNl6 BP1e~UNtT MP IJt'!~B ~5E Bp1N1NfT Ivf OF CO.Y1MIii FACILITIEB OIBIRICT ~J. !c-] )NyEFT6TB IJJ~ Eie1Nq10 OF 11E C1T7 PIIEVIOUfl.YSPECORDED Ai l:.JK lC_'OF~IW^@1F ~E ~6fl01~~ . COfARIIi~ Fi1CIlITiFb DI6TRICTB ~T PABE6 5l_ TN1WC1~ IN TIE GfFILE ~F T~E C~INR IIFIW~DER UF l~E CUINTY Q'' RI~BIOE. pTATE OF CM.IF~~Ih. m~a eawoutr iw wFioa tx¢ enim~ai rvr oF car.u+~n FI~CIIiTIE¢ DIBIRICT No. !E-~ rveer ~~euAaei a~ c~n ~ LME 't~eiNaii. COIMiT 6 R/VFJt81DE. tt~iE Of GLIitlWi~. f11EV1UUAT 11ECd1DED ~T lOOrt~ ~_ OF tWY 6 I.BSEBStENf ND CaHliiTi F/iCIIIIIE~ UIRiA1CT6 ~T ~~CEY _ TRQIGH --• IN TNE 1'ffICE OF i!E CGNfT 11EN1UEl1 OF t1E CQM~'! OF RIVEPSIUE. ~1~1E 6 GI.IFPWI~. ~ I N.T. 5. DISTRICT BOUNDARIES "~"~'°i"° NEST LAKE ELS[NORE COMMUNITY FACILITIES DISTR[CT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES ~ISTRICT N0, 88-3 IN TME CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA 6FIEET I OF 7 HIWO~ ....._,. ..... 0~~ .. ... .................. r 387 03-5 Q 387- D9-3 3~ i87 D~~4 ~ INDEX MAP I.IIERElY CERTIfT TINT THE WITHIH WV 6HOWING ~ROPO6ED OOIINMlllE6 OF COMMl1Mlr fACtt/f1Ef 016TPICT NO !!~] OF THE CITY OF UKE EL6111D11E, COVIT' OF RIVERSIDE, tTl17E OF GIUFORNI~, WA9 NTOVED t'! 71/E Cf1Y COVNCIL OF TNE CItY OF UKE EISINORE, ~i A 11EWUR MEE11N0 HEHEOF NELO ON iNE D~Y OF tiF~l 1N ~~F ]"~ 1KQ_, M rtb PESOLVTION NO. V.^, ~ 91 ' . ~ ~ .. '_ . In~I.. naa w~s~n, an cienK LEGEND ~e~~ ~BOIMMT ff UIB1RICf MI-H-It ABff86O11'8 ~NIQI. MUQf11 MIICEL eouHOUrv ~ ~o ,0~6 a~ n'.°": a7~~~~C~/~~t~ P~~:;d~ ~ °` KbE68FJ:f M'0 ~ Y'~A~.TiC LdM'I7 6DIIIVFRiSfDEiNST1TE0F~ICE OF 71E WfMIT IItCdNElI CAIIFWtIe. ~ N0. 3 S! : FEE ~104! VIIL 1 E. CJM14AL COIA.'Ti IIENIUFII er..~~ ~r. +,..J - oFrun T11s BqAUMT MP uFT9e TME BoUDNR IVI nF C0.'i4MITi F~CIl1ilEB OIetRICT AJ. !f-~ ~NyEFA6BT VJR F]PIMPO UF ilE CITT PPEVIOI~.~Y6RE4 MEV~i S:..It ld_I~.~~~TyEF6~E I~yF~ I~~/y.p CaH.R+ITI FI~CIlfT1E8 0~6MIOTB ~T ~~OEB _5L TMOVaN .ie ~' IN T1E aiF~LE OF T/E GANIT ~LU' DFR YF TE CQMIT ff" RIVERBICE. iThTE OF C~LIF~N~IA. T11B BdWMT M1Y NQUe T1E EaIROMT INP 6 CQYt1NITT FAC~LRIEt DIQ71tICT Iq. eC-1 WEYT III~ ELBINOREI 6 ilE C177 OF LNfE ELBINONE. CoU117 af RIYFJl610E. Si~TE Of CAIIfqWi~. lIIEYIOIIBIt 11ECa~DED ~T DooK ~_ OF IMPi OF ~BSE691FM ND COM/~NIiT F/iCIlIl1E~ DIRTIIICTB ~T ~~CEB __ T~WIWI _. IN 11E OiFiCE ff TIE CQMfr 11ECU~OFl1 rt TIE C0.Nf7 OF RtVFll810E. [t~lE OF GIIFWII~. ~ aI N.Y:S . n~wsm i~e- DISTRICT BOUNDARIES "`"s"°~'' UEST LAKE ELSINORE COMMUNITY FACILITIES DiSTRlCT INFRASTRUCTURE [MPROVEMENTS COMMUNITY FACILITIEB DISTRICT OVO, 88-3 IN THE CITY OF LAKE ELSINORE. COUNTY OF RIVERSIOE. STATE OF CALIFORNIA SFIEET ~ OF : ~ .nooa. wa~ ~~~~n~c~ wvr~r - ~wow.~~on. wt~a ~ees ~!!w-M f~A III / Ml10~ n i 6Y1TK PROPOSED COMMUNITY FACILITIES DISTRICT NO. 88-3 BOUNDARY AFTER.ANNEXATION 1~ EXh2BIT D ~ DESCRIPTION OF FACILITIES NOVEMBER 1989 IT_ EM OESCRIPTON COST 1 STREET IMPROVEMENTS Construct Grand Ave and S 2,517,300 Uncoln Stro~t S 1,019,612 2 DRAINAGE IMPROVEMENTS Construct B-1 Channd S 3,447,168 ~ Un~ C& C-1 Storm Dnin S 4,472,888 Ric~ Canyo~ Improv~m~nts , S 574,430 3 SANITARY SEWER Construct Sow~r Tronk Unp S 821,355 IMPROVEMENTS A-1 a~d A-2 L3ft Stattons S 657,323 4 WATEH IMPROVEMENTS Construct Luc~m~ 2.0 M(i Wrt~r ~ Ras~rvolr S 1,179.507, Mountaln Rd.1.3 MO Wabr R~s~rvoir and th~ Robb Rd. Boost~r Pump Station t 999,018 5 FIRE PROTEC110N IMPROVEMENTS Fln Station ~ = 1,030,500 8 PARK IMPROVEMEN7'S Park S 1.980,000 • SUB TOTAL S18,699,101 8.35 % CONTINGENCY S 1.561,255 ENGINEERIN(3 S 1,730,000 ~ CONSTRUCTION TOTAI 527,900,356 INCIDENTIAL COSTS S 8,009,644 TOTAL COST OF FACIUTIES 530,000,000 EXHIBIT E RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITY FACILITIES DISTRICT N0. 88-3 OF THE CITY OF LAKE ELSZNORE (WEST LAKE EISINORE) A Special Tax (tha "Special Tax") shall ba levied on and collected trom each parcal in Special Tax Area A and Special Tax Area 8 0! Community Facilities District No. 88-3 in each Fiscal Year, commarscinq July l, 1990, in an amount determined ~ by tha City Council of ths City oi Laka Elsinors throuqh the application o! the appropriat~ Spac~ial Tax !or "Developed Property" and "Undevaloped Proparty" aa described below. All o! tha proparty in CFD No. 88-3, unless ~xemptad by law or by the provisions heraol, shall b• taxad !or tha purposes, to the extent and in ths mannar harein providad. A. DEFINIT=ON3. Ths tarma hareinaltar s~t lorth hava th~ following meaninqs: "Act" meana th~ M~llo-Roos Community Facilitias Act o! 1982, beinq Chapt~r 2.5, Division 2 ot Titls S o! tha Government Code o! ths Stat• o! California. "Approv~d Undavslop~d Prop~rty" m~ans all Taxabla Property in CFD No. 88-3 aot classifiad as Dav~lop~d Property, for which a linal tract map has baan recordad. "Assiqned Sp~cial Tax" maans an amount aqual to $0.19 pnr squar• foot o! Ass~saor's parcal applicabl~ to each pazcel of Devalop~d, Approv~d Undsv~lop~d and Raw Undav~loped Property within Sp~cial Tax Azaa A in Fiscal Y~ar 1990-91, and a amount aqual to $O.OS p~r squara foot o! Assassor~s Parc~l applicable to aach parc~l ot D~v~lopad, Approvad Undavelopad and Raw Und~v~lop~d Prop~rty within Sp~cial Tax Araa H in Fiscal Year 1 1990-91. "City" m~ans th~ City o! Lak~ Elsinora. "Cottncil" m~ans th~ City Council o! th~ City o! Laka Elsinore. "D~linquuicy Tax" is dalia~d to b~ th~ amount nec~asary to cur~ sny d~linqu~nci~a in th~ paymaat of principal or interest on th~ bonds which hav~ occurr~d or (basad on d~linquancies in th~ paym~nt o! Sp~cial Tax~s which hav~ alr~ady tak~n place) will occur ia th~ liscal yaar in which ths tax will ba coll~ct~d, and to r~pl~nish th~ r~s~rv~ account to tha resarva raquirsm~nt a• nacassary (includinq, in th~ r~planiahmant, charqss aqainst th~ ras~rv~ account which will b~ nacnssary in tha tutur~ b~causs o! d~linqusnci~a in th~ paymant of Sp~cial Tax~s which hav~ alr~ady takan plac~). "Davalopad Froparty" maana all Taxabl~ Prop~rty in CFD No. 883 for which a toundation buildinq psrmit haa been issued as ot March 1, o! th~ previous Fiscal Y~ar. "Facilitias" msans any improvamsnts or lacilitiss desiqnated by the Council with an ~stimatad us~lul lil~ of fiva years or ~ lonqar which ar~ aliqibl~ for linancinq undar tha provisions ~ of th• Act. ~'Fiscal Y~ar" m~ans th~ period startinq July 1, and endinq tha loliowinq Jun~ 30. "Land Use Class" msans any of tha cateqoriea listed in Table or Tabla II in Snction C below to which a parcel is assigned consistent with tha provisiona hereol. "Raw Undeveloped Property" means all Taxable Property in CFD No. 883 not classified as Developed Property or Approved Undeveloped Property. Page 2 ~~Raw Undeveloped Units" means the maximum number o! residential units applicable to such Raw Undeveloped Property based on tha current level of approval on the property (e.q., tentativa map or zoning), for which final tract maps have not been recorded. "Special Tax Requirement", to be dat~rmined-annually-by tha Council, means the amount necessary to pay the authorized ~ costs and expenses of CFD No. 88-3 includinq those necessary to administer CFD No. 88-3 (which total administrativa amount shall ba saparately statad by tha Council in each levy), to pay current dabt service on tha bonds, to accumulate funda for futura debt servica, to pay amounts delinquent on tha bonds (or to becoma dalinquent based upon past Special Tax dalinquencies), to replenish tha resarve lund to its proper leval (includinq paymants to be mada lrom tha raserve Eund based upon past Special Tax delinquancies), to compensate Eor anticipated Special Tax delinquencies (based upon past delinquency experience), to pay diractly tor Facilitiea or to accumulata funds for that purposa, and to pay !or all authorizad sarvices. I! revenuas are collected trom Undaveloped Proparty in a fiscal year, thare shall ba no ~ accumulation ot lunds in that liscal year. "Taxabla Propnrty" means all ot the Assessor's Parcels within the boundaries o! CFD No. 88-3 which are not exempt from tha Spacial Tax pursuant to law or Saction E balow. B. Ass gnment ~q j,,~,~ y,~g Cateaoriee. On July 1, of each yaar, all Taxabl~ Proparty within CFD No. 88-3 shall b• catagorizad ~ith~r as Davaloped Propnrty, Appzovad Und~v~loped Propsrty or Raw Undevalopnd Property, and shall bo eubjact to tax in accordanca with tha rat~ and method o! apportionmant datarmin~d purauant to Sactiona C and D ~ below. For purpos~s o! datsrmininq th~ applicabla Maximum Special Tax purauant to S~ction C, Devalopad Proparty shall be assiqned to on~ o! tha claas~s dasiqnatad in Tabl~ I or Tabl~ II below. Singla Family Datachsd Raaidantial Davalopad Proparty shall be aesiqn~d to Class~s 1 throuqh 4 bas~d on th~ squar~ lootaga of th~ dw~llinq unit to b~ conatruct~d on an Assasaor's Parcel as set forth in ths oriqinal buildinq permit issued !or such proparty, axclusiv~ of qaraqas or othar structures not used as livinq spac~. Attachad R~sidsntial Dwalop~d Proparty shall be assiqnsd to Class 5. Commercial/Industrial Davalopad Propartias shall be aesigned. to Class 6. Th~ aquar~ lootaqa o! a Commsrc~al/Industrial buildinq shall ba computed lrom tha gross squara footaga for tha building(s) as reflacted in thn buildinq plans upon which tha building permit(s) for such parcel was issued. The acreage of a Commercial/Induatrial parcal shall be determined by raferenca to thn then current Assessor's Parcel Map and, if appropriata, to tha most currant parcal map or other subdivision tract map racorded with tha O!lice of tha Recorder for Riverside County. ~ C. Maximu.~ sS&~1 T~.~L Rate 1. Developed Property The Maximum Special Tax for an Assassor's Parcel classified as Developed Property in Classes 1 through 6 shall ba the qreater of (i) ths amount derivad by multiplying the square footage of such Assessor's Parcel times tha Basa Maximum Special Tax or (ii) tha Assigned Special Tax daterminad by referenca to Tabla I or Table II below. For purposes of this Saction C, the acreage or squira footage o! an Assessor's parcel shall be determined Paga 3 by reterenca to the then current Assesaor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with tha OlPice of the Recorder for Riverside County. Notwithstandlnq the above, for Attached Rasidential Devaloped Property, a portion ot the acreage in~a recorded tract map shall be taxed as Vndaveloped Property i! building permits for one or more, but not all, o! the units in tha approvad ~ condominium or site plan for that map hava bean issued. The acreage in a recorded tract map to ba taxed as Undevelopad Property shall equal the proportion o! the associated condominium or sita plan's approved units for which buildinq permits hava o~t baen issued, multiplied by tha total acreaga within that tract map. Notwithstanding Section E balow, for purposes o! computing the Basa Maximum Special Tax for each dwallinq unit located on parcels o! Attached Residential Developed Property that are owned by a homeowner's or property owner's association, ths squara footage o! the entira Assesaor's Parcel shall ba included to detarmine the Base Maximum Special Tax. (ALL SPECIAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP) Assiqned Special Land Use. Dansity or Tax (Fiscal Class D~scription Square Footaq~ Year 1990-91) TABLE I ~ ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA A OF COZII~ifJNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (C02~ASERCIAL/ INDUSTRIAL) Sinql• Family Datachad ~ 2. 3. 4. 5. 6. In makinq the computations sat forth in this Section C(1) and in datermininq tha Maximum Spacial Tax which may ba levied in any Fiscal Year, on July 1, 1991 and on each July l, thareaftar, the Baso Maximum Spscial Tax and the Assigned Spacial Tax for each class set forth in Table I and Tabla II shall be increased by an amount aqual to 2.0~ o! ths amount in aftect for the pravious Fiscal Year. sinqle Family Datachad Sinqir Family Detachad singls Family -- Detached 2,800 or mor~ 2,300 - 2,799 SF , 1,700 - 2,299 SF Lasa than 1,700 SF Attachad Homas Not Applicable Commnrcial/ Not Applicabla Industrial $1,969 per unit $1,688 per unit $1,406 per unit $1,126 per unit 901 per unit $8,277 per acre The Maximum Special Tax may exceed tha Assigned Special Tax for some Assessor's Parcels within each class i! the Basa Maximum Special Tax alternative is used ($0.19 per square foot of Assessor'a Parcel). Tha Basa Maximum Spacial Tax would be applied under tha Fourth step of Section D(below) to lots Paqa 4 larqer than a certain size for each class of Single Family Detached Property. Singla Family Detached lots, larger than tha lollowing minimum sizas, would be taxed at the Base Maximum Special Tax: ~ Class 1: 10,363 Sq. Ft. Class 2: 8,8fl4 Sq. Ft. Class 3: 7,400 Sq. Ft. Class 4: 5,926 Sq. Ft. Tha Base Maximum Special Tax would also apply to Class 5 if units are built at dansities lass than 9.18 units per acre and to a11 Class 6 parcals. TASLE II ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA B OF COD4~i[TNITY FACILITIES DISTRICT 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/ INDUSTRZAL) (ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED MAP) Land Usa Density or Class Description Squara Footaqs 1 Sinqle Family 2,800 or mora Detached 2. Sinql~ Family 2,300 - 2,799 SF D~tached 3. Singl• Family 1,700 - 2,299 SF D4tach~d 4. sinql• Family Lasa than 1,700 SF Dstach~d s. Attach~d Hom~s Not Applicabl• 6. Comm~rcial/ Not Applicabl• Industrial Assigned Special Tax (Fiscal Year 1990-91) $1,969 per unit $1,688 per unit $1,406 per unit $1,126 per unit $ 901 per unit 52,178 per acre Tha Maximum Sp~cial Tax may axcewd th~ Aasigned Spacial Tax !or some Asssasor's Parcels within nach clasa it tha Base Maximum Spacial Tax altarnativa is usad ($0.05 par square foot ot Assessor's Parcal). Tha Basa Maximum Spacial Tax would be appliad undsr tha fourth stap o! Saction D(balow) to lots larger than a cartain siza for each class o! Sinqle Family Datached Property. Singla Family Detached lots, larqer than the lollowinq minimum sizas, would ba taxad at tha Base Maximum Special Tax: Claas 1: 39,380 Sq. Ft. Class 3: 28,120 Sq. Ft. Class 2: 33,760 Sq. Ft. Class 4: 22,520 Sq. Ft. ~ The Basa Maximum Spacial Tax would also apply to Class 5 if units ara built at densitias less than 2.41 units per acre and to all Class 6 parcals. 2. Undevaloped Property The Maximum Spacial Tax for an Assassor's Parcel classiEied as Raw.Undaveloped Property or Approved Undaveloped Property shall be tha greater oP (i) the amount derived by multiplyinq tha squara footaqa of such Assessor's Parcel by the Base Maximum Special Tax (as Page 5 applicabla !or each Spacial Tax Area) or (11) tha Maximum Assigned Special Tax Rate. ~ The Assigned Special Tax for Approved Undeveloped Property shall ba 5990 per lot in both Special Tax Area A and special Tax Araa 8 axcept for recordad lots over 2,000 squara feet, for which tha Assigned Special Tax shall ba 52,157 par acre. Tha Maximum Assiqnad Special Tax Eor Approved Undeveloped Property and Raw Undeveloped Property shall ba $9,207 par acra in Special Tax Area A and $2,353 par acra in Special Tax Arna B. In makinq the computation set forth in Section C(2) and in determining the Assigned Special Tax for Approvad Undaveloped Proparty and ths Maximum Assignsd Special Tax on Raw and Approved Undevelopad Proparty which may ba lavied in any Fiscal Year, on July l, 1991 and on any July 1 thereatter, tha Assignad Spscial Tax for Approved Undeveloped Property and the Maximum Aasigned Special Tax for Raw and Approvad Undavsloped Proparty shall bs increasad by an amount aqual to 2.00; o! tha amount in eflect tor tha previous Fiscal Year. D. Method g,~ ~,ggortionment g~ $~ Stiecial ~~ Develoeed ProDartv ~ Undavaloned Psooertv. The Council shall lavy tha Spacial Tax as follows until the amount o! the levy equals tha Special Tax Raquirament: First: Tha Special Tax shall be leviad on Developad Property, ~xclusivs o! prop~rty axampt from Spncial Taxas pursuant to Saction E b~low, up to 100t o! tha Aasigned Spacial Tax Rat~ !or aach class o! Devalopsd Proparty for such Fiacal Y~ar d~tarminad by rat~rencs to Tabl~ I and Table II; Second: I! additional moni~s ars n~sdad altor tha first step has ba~a compl~tsd, tha Spacial Tax shall ba leviad in equal p~rc~ntaq~s up to 100~ o! th~ Assiqnad Spscial Tax for each parc~l o! Approv~d Und~valop~d Prop~rty, axclusiv~ ot Undav~lop~d Prop~rty ax~mptsd by law or by th~ provisiona of s~ction 8 (bslow)t ~,~t It additioaal mosfias ara n~~d~d altar th~ first two staps hav~ b~~n complatad, than ths Spscial Tax ahall be lavisd on Raw Und~v~lopad Propsrty bassd on th~ numb~r of Raw Undav~lopsd Units in equal paresntaqas up to 100i o! the Maximum Assiqnsd Spacial Tax !or sach parc~l ot Raw Undavslopad Prop~rty, axcluaivs of Undsv~lopad Proparty exampted by law or by th~ provisions o! S~ction E balow up to 20.47t o! ths Spscial Tax Raqulramsnt !or Sp~cial Tax Area A and up to 8.53t o! tha Spacial Tax Raquiremant !or Spacial Tax Area 8, aach n~t o! Special Tax ravenuss lavied in the first and second ataps abov4s ~ Fourth: I! additional monias ara needad altar tha first three steps havs been completed, the Spacial Tax shall ba levied in . equal percantaqes up to 100; o! the Maximum Assigned Special Tax tor each parcal o! Approvad Undevaloped Property, exclusive o! Undavaloped Proparty exempted by law or by the proviaiona of Saction E (balow)i Fifth: If additional moniea ara nasdad alter tha lirst four steps have baen completed, then tha levy o! tha Special Tax on each Assessor's Parcal of Developed Property whose Maximum Special Tax is determined throuqh the application o! the Basa Maximum Special Tax Rate shall ba increased in aqual percentaqes fro the Assiqnad Special Tax Rata up to tha Maximum Spscial Tax Rate tor each such Aasassor's Parcal for Paqa 6 each Fiscal Year; Si t: I! addltional monies ara needed after the lirst Eive steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Undaveloped Proparty whose Maximum Special Tax is datermined throuqh the application o! tha Hase Maximum Special Tax Rata shall ba increased in equal ~ percantages lrom tha Maximum Assigned Special Tax Rata up to the Maximum Special Tax Rata tor each such Assassor's Parcal Eor such Fiscal Yearf Sevanth: I! additional monias are nendad aftar the first six steps hav~ been complated, then the Special Tax shall be lavied proportionataly on each parcal of Davnloped or Undeveloped Prop•rty owned by a Homaowners' Association which has not bean examptad trom the Speclal Tax pursuant to Section E, up to tha Maximum Special Tax tor Undaveloped Proparty; and Eighth: I! additional monias are needad attar tha first seven steps hav~ bean complatad, then th~ Special Tax shall be levied proportionataly on each parcal o! Devnlopad or Undevelopad Property convayad or irrevocably offerad to a public aqency which has not been exampted from tha Special Tax pursuant to Section E, up to tha Maximum Special Tax for Undavelopad Proparty. E. Exem~tions. 1. Special Tax Arsa A A Spacial Tax shall not b~ impos~d on up to 156.50 acres ot Undavslopsd Prop~rty conv~yad or irravocably oflered to a ~ public aq~ncy or convayad to a Homoownars~ Association. Any contiquous land araa excssdinq such total o! 156.50 acras shall b• tax~d consistant with Dav~lop~d or Und~v~loped Prop~rty to th~ axt~nt sst torth in Staps Savan and Eiqht of Saction D abovs. Uad~r no circumstanc~s shall th~ Council impos~ a Sp~cial Tax on land which is a public riqht o! way or which 3s an tuimann~d utility proporty utilizad tor tha provisioa of ssrvic~s to tha public or a pzoparty nncumbernd with Qublia or utility ~as~mants makinq impractical ita utilization !or othar than th~ purpos~s sst lorth in th~ easam~nt. 2. Spacial Tax Ar~a 8 A spacial Tax shall not ba impossd on up to 486 acr~a of Undavalop~d Proparty conv~y~d or irrwocably,ofl~rad to a public aq~ncy or conv~ysd to a Hom~owners~ A;4ociation. Any contiquous land ar~a sxce~dinq such total o! 486 acrea shall be taxed consistant with Dav~lopad or Undav~lopad Property to tha axtant s4t lorth in Steps Ssven and Eiqht o! Section D above. Undnr no circumstances shall th~ Council impose a Special Tax on land which is a public riqht o! way or which is an unmannad utility proparty utilizad !or_ths provision of aervices to ths public or a propsrty encumbared with public ~ or utility aas~mants making impractical its utilization for other than th~ purposes aat lorth in the easnment. ~ F. Reviaw/Aoneal Council. Tha Council shall establish as part o! ths proceadinqs and administration o! CFD No. 88-3 a spacial threa-member Reviaw/Appeal Council. Any landowner or resident who feels that tha amount o! tha Special Tax, a~ to their parcal, is in, error may lile a notice with tha Reviaw/Appeal Council appealinq tha amount o! tha Special Tax levied on such parcel. The Raview/Appeal Council shall interpret this Rata and Paq~ 7 Msthod o! Apportionment ot thn Special Tax and maka determinations relativa to the annual administration o! the Special Tax and any landowner or resident appeals, as harein specified. Tha dacision o! tha Review/Appeal Council shall be final and bindinq as to all persona. G. Manner gt Collection. ~ Tha spncial taxea.tor CFD No. 88-3 will ba collected in tha same manner and at tho same tims as ordinary ad valorem proparty taxes, providad, however, that CFD No. 88-3 may collact Special Taxas at a di!lerent tima or in a ditferent mannar it necessary to meat its linancial obliqations. In tha event of a dalinquency, CFD No. 88-3 will pursua foreclosure in a timaly manner. ~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) ,r.. ~ ~~.§~ r1 . _,: 4,,~.. . ~. . - . I, Vicki Lynne 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 the 22nd day of January, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ CK2 S~YNNE I~SAD, CI Y C ERK CITY OF LAK Ei,SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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. 91-9 of said Council, and that the same has not been amended or repealed. D TED: January 23, 1991 ~ , ~ ` ~ l~ 1 K Y E IiASAD, CITY C~ CITY ~r LA ELSINORE (SEAL)