HomeMy WebLinkAboutOrd. No. 2008-1239
ORDINANCE NO.
1239
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL T AX WITHIN
ANNEXATION AREA NO. 24 (RIVER'S EDGE) ANNEXED
TO SAID DISTRICT
WHEREAS, on November 13, 2007, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-184 stating its
intention to annex certain property (Annexation Area No. 24 (River's Edge) ("Annexation
Area No. 24")) into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS,. notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 24 into the District; and
WHEREAS, on January 8, 2008, this Council held a noticed public hearing
as required by law relative to the.. determination to proceed with the annexation of
Annexation Area No. 24 into the District and the rate and method of apportionment and
manner of collection of the special tax to be levied within Annexation Area No. 24 to
finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 24 were heard and a full and fair
hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- .1 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 24, annexed Annexation Area No. 24 into the District and authorized
the levy of a special tax within Annexation Area No. 24; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- ? which called an election within Annexation Area No. 24 for January 8,
2008, on the proposition of levying a special tax; and
. WHEREAS, on January 8, 2008, an election was held within each
Annexation Area No; 24 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
. NOW, THeREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
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ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS
FOllOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 24 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary 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. 24 prior to the annexation of
Annexation Area No. 24 into the District, periodic costs,. and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in Section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2008- 1 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title and summary or
text of the this ordinance, together with the vote thereon, to be published within fifteen
(15) days after its passage at leastonce in a newspaper of general circulation published
and circulated within the territorial jurisdiction of the City; and to post at the main office
of the City a certified copy of the full text of the adopted ordinance along with the names
of the Council Members voting for and against the ordinance.
SECTION 6. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this ordinance and are hereby
declared to be severable.
SECTION 7. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (3D) days after the date of its final
passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer':'Tax Collector of
Riverside County. The City Clerk shall certify as to adoption of this ordinance and
cause this ordinance to be published and posted in the manner required by law.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 22nd day of January 2008.
IVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
ICKMAN, MAYOR
CITY OF LAKE ELSINORE
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