Chapter 3.64
SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)

Sections:

3.64.010    Authorization for levy of special taxes.

3.64.020    Determination of tax rate.

3.64.030    Exemptions.

3.64.040    Use of taxes.

3.64.050    Collection of special taxes.

3.64.060    Severability.

3.64.010 Authorization for levy of special taxes.

By the passage of this chapter, this City Council 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 method of apportionment set forth in Exhibit A to the resolution of formation (the “Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 1995 – 1996 and in each fiscal year thereafter until payment in full of any bonds of the City issued for the district (the “bonds”) and all costs of administering the district. [Ord. 1006 § 1, 1995. Code 1987 § 3.56.010].

3.64.020 Determination of tax rate.

The Administrative Services Director of the City 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 rate and method of apportionment. [Ord. 1006 § 2, 1995. Code 1987 § 3.56.020].

3.64.030 Exemptions.

Properties or entities of the State, Federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the district in excess of the maximum tax specified in the Rate and Method of Apportionment. [Ord. 1006 § 3, 1995. Code 1987 § 3.56.030].

3.64.040 Use of taxes.

All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment, 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 City in administering the district and the costs of collecting and administering the special tax. [Ord. 1006 § 4, 1995. Code 1987 § 3.56.040].

3.64.050 Collection of special taxes.

A. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the district on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes 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 City Administrative Services Director is hereby authorized and directed to provide all necessary information to the Auditor/Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the district in each fiscal year until the bonds are paid in full and provision has been made for payment of all of the administrative costs of the district.

B. Notwithstanding the foregoing, the Administrative Services Director of the City may collect one or more installments of the special taxes by means of direct billing by the City of the property owners within the district, if, in the judgment of the Administrative Services Director, such means of collection will reduce the administrative burden on the City in administering the district or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the proper owners. [Ord. 1006 § 5, 1995. Code 1987 § 3.56.050].

3.64.060 Severability.

If for any reason any portion of this chapter 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 chapter and the application of the special tax to the remaining parcels within the district shall not be affected. [Ord. 1006 § 6, 1995. Code 1987 § 3.56.060].