HomeMy WebLinkAboutOrd. No. 2010-1273ORDINANCE NO. 1273
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. 2009-1 (PARKS,
OPEN SPACE AND STREET LIGHTING MAINTENANCE)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
SAID DISTRICT
WHEREAS, on January 12, 2010, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. CC-2010-01 stating
its intention to establish City of Lake Elsinore Community Facilities District No. 2009-1
(Parks, Open Space and Street Lighting Maintenance) (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 establish the District; and
WHEREAS, on February 23, 2010 this Council held a noticed public
hearing as required by law relative to the determination to proceed with the establishment
of the District and the rate and method of apportionment and manner of collection of the
special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the establishment of the District were heard and a full and fair hearing was
held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2010-007 Determining the Validity of Prior Proceedings Relative to the District and
authorized the levy of a special tax within the District; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2010-008 which called an election within the District for February 23, 2010 on the
proposition of levying a special tax; and
WHEREAS, on February 23, 2010 an election was held within the District
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. 2009-1 (PARKS, OPEN
SPACE AND STREET LIGHTING MAINTENANCE), DOES HEREBY ORDAIN AS
FOLLOWS:
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SECTION 1. A special tax is levied within the boundaries of District
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 parks,
open space and street lighting maintenance that are in addition to those provided in the
territory within the District prior to the establishment of 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. CC-2010-001 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 least once 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 (30) 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 9th day of March, 2010.
_ "°t
MEL SSAA. MELENDEZ
MAYOR
ATTEST:
CA L CO LEY
INTERIM CITY CLERK
APPROVED AS TO FORM:
RBARA ZED LEI OLD
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1273 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 23`d day of February,
2010, and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the 9th day of March, 2010, by the following roll call vote:
AYES: COUNCIL MEMBERS: BUCKLEY, KICKMAN, MAGEE, MAYOR
PRO TEM BHUTTA, MAYOR MELENDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
INTERIM CITY CLERK
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EXHIBIT A
City of Lake Elsinore
Community Facilities District No. 2009-1
(Park, Open Space and Street Lighting Maintenance)
Rate and Method of Apportionment of Special Tax
Introduction
Special Taxes shall be annually levied on each Developed Single Family Unit and
Developed Multifamily Unit (as hereinafter defined) in City of Lake Elsinore Community
Facilities District No. 2009-1 (Park, Open Space and Street Lighting Maintenance) (the
"CFD No. 2009-1 in accordance with the rate and method of apportionment of special taxes
hereinafter set forth. All of the property within CFD No. 2009-1 that is not a Developed Single
Family Unit or Developed Multifamily Unit shall be exempt from the Special Taxes of
CFD No. 2009-1.
Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any reasonably necessary or appropriate expenses
incurred in the administration of CFD No. 2009-1, including but not limited to the administrative
and legal costs of levying and collecting the Special Tax (including costs incurred in connection
with any appeals relating thereto and litigation expenses incurred in connection with the
collection of the Special Tax); and an allocable share of the salaries of the City staff providing
services on behalf of CFD No. 2009-1 directly related to the foregoing and a proportionate
amount of City general administrative overhead related thereto.
"Assessor's Parcel" means a parcel of land in CFD No. 2009-1 designated and assigned
a discrete identifying number on a map of the County Assessor of the County of Riverside.
"Canyon Hills Community Park" means the community park constructed within
Planning Area 18 of the Canyon Hills Specific Plan area.
"Canyon Hills Habitat Area" means the public open space and wildlife habitat within
the Canyon Hills Specific Plan Area.
"CFD No. 2009-1" means Community Facilities District No. 2009-1 established by the
City under the Act.
"City" means the City of Lake Elsinore, California.
"Council" means the City Council of the City of Lake Elsinore, acting as the legislative
body of CFD No. 2009-1.
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"Developed Multifamily Unit" means a residential dwelling unit within a building in
which each of the individual dwelling units has or shall have at least one common wall with
another dwelling unit and a building permit has been issued by the City for such dwelling unit on
or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Developed Single Family Unit" means a residential dwelling unit other than a
Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued
by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being
levied.
"Fiscal Year" means the period beginning on July 1 and ending on the following
June 30.
"Maximum Special Tax" means the maximum Special Tax that can be levied by
CFD No. 2009-1 in any Fiscal Year on any Assessor's Parcel.
"PA 27A Park" means the neighborhood park constructed within Planning Area 27A of
the Canyon Hills Specific Plan Area.
"Special Tax" means any of the special taxes authorized to be levied within
CFD No. 2009-1 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount determined in any Fiscal Year for
CFD No. 2009-1 equal to (i) the budgeted costs directly related to the maintenance of the
Canyon Hills Community Park, the PA 27A Park, the Canyon Hills Habitat Area and the Street
Lighting, including repair and replacement of components of the Canyon Hills Community Park,
the PA 27A Park, the Canyon Hills Habitat Area and the Street Lighting, which have been
accepted and maintained or are reasonably expected to be accepted and maintained during the
current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes
based on the delinquency rate in CFD No. 2009-1 for the previous Fiscal Year.
"Street Lighting" means the public street lights constructed within the boundary of CFD
No. 2009-1.
"Unit" means each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Special Tax
Commencing Fiscal Year 2010-2011 and for each subsequent Fiscal Year, the City
Council shall levy the Maximum Special Tax on all Assessor's Parcels defined as a Developed
Single Family Unit or Developed Multifamily Unit.
The Maximum Special Tax for Fiscal Year 2010-2011 shall be $330.73 per Developed
Single Family Unit and $165.37 per Developed Multifamily Unit.
On each July 1, commencing July 1, 2011, the Maximum Special Tax shall be increased
by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
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Duration of the Special Tax
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless
no longer required as determined at the sole discretion of the City Council.
Collection of the Special Tax
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2009-1 may collect the Special Tax
at a different time or in a different manner if necessary to meet its funding requirements.
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