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Home My WebLink About03-12 CC Ordinance I I I ORDINANCE NO. 03-12 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On March 4, 1997 the voters of the City of Temecula approved Ordinance No. 96-21 of the City of Temecula, levying a special tax to finance the operation, maintenance and servicing of public parks and recreational facilities. recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula. Section 2. By its Resolution No. 53-03. the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-3, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Red hawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk Annexation Area"). Such reorganization was ordered subject to two-thirds (2/3) voter approval by voters voting in the Redhawk Annexation Area of a special tax against parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals. Section 3. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, there is hereby levied and assessed a special tax by the City of Temecula on each parcel of property in the Redhawk Annexation Area, commencing with fiscal year 2005-06. Section 4. The maximum amount of said special tax for each fiscal year shall by $74.44 per single-family residential dwelling unit, $53.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, and $37.22 per acre for agricultural uses. Section 5. The special tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other R:/Ords 2003/0rds 03-12 I I I charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of T emecula by the persons who own the parcel on the date the tax is due. Section 6. The revenue raised by the special tax imposed by this ordinance shall be placed in a special fund to be used only for the purposes of operating, maintaining, and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The City Council, by three (3) affirmative votes, is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this ordinance, as is required to provide an adequate level of service in accordance with the purposes set forth in this ordinance. Section 8. The City Council shall be empowered to amend this ordinance by three (3) affirmative votes of the members thereof for the purposes of carrying out the general purposes of this ordinance in order to conform to state law that permits the County Tax Collector, or other proper official, to collect a special tax such as is levied by this ordinance in conjunction with County taxes or in order to assign duties pursuant to the ordinance to other officers. Section 9. No section of this ordinance shall be construed to permit, and the City Council is expressly prohibited from, increasing the amounts of the special tax imposed by this ordinance beyond the maximum amounts set forth in this ordinance. Section 10. A property owner subject to the special tax may appeal the amount of the special tax to be levied on such property owner's property pursuant to standards and procedures established by resolution of the City Council. Section 11. If a property owner subject to the special tax believes that payment of the special tax during a specific fiscal year would create a hardship for that property owner during that fiscal year, such property owners may appeal the levy by filing a hardship appeal pursuant to standards and procedures established by resolution of the City Council. Section 12. The special tax imposed by this ordinance shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 13. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. R:/Ords 2003/0rds 03-12 2 I Section 14. This ordinance, or any provisions thereof other than those provisions, if any, which provide for modification by the City Council of the City of Temecula, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or provisions thereof at any initiative or referendum election. Section 15. This ordinance shall be referred to, and shall be effective only if approved by two-thirds (213) of, the electorate residing within the Redhawk Annexation Area to be annexed to the City of Temecula as part of the reorganization designated as LAFCO 2003-26-3 voting at an election to be held on March 2, 2004. This ordinance shall go into effect ten (10) days after the City Council has, by resolution, declared that this ordinance was approved by two-thirds (213) of the voters voting therein, and the tax levied by this ordinance shall be imposed commencing with the 2005-06 fiscal year. As an ordinance relating to taxes for the usual and current expenses of the City and as an ordinance subject to the two-thirds (2/3) voter approval, this ordinance may be adopted on its first reading and without the 30 day waiting period as a tax ordinance and an urgency ordinance for the reasons set forth above pursuant to Government Code Sections 36934 and 36937. Section 16. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of December, 2003. ATTEST: I [SEAL] I R:/Ords 2003/0rds 03-12 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the forgoing Ordinance No. 03-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of November, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 16th day of December, 2003 by the following roll call vote: COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington AYES: 4 NOES: 0 ABSENT: ABSTAIN: 0 R:/Ords 2003/0rds 03-12 COUNCIL MEMBERS: None COUNCIL MEMBERS: Stone COUNCIL MEMBERS: None