HomeMy WebLinkAbout99-056 CC ResolutionRESOLUTION NO. 99-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL
TAX LEVY FOR FISCAL YEAR 1999-2000 TO PROVIDE FOR
RECREATION AND HUMAN SERVICES PROGRAMS AND
THE OPERATION, MAINTENANCE AND SERVICING OF
PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN
LANDSCAPING, AND ARTERIAL STREET LIGHTS AND
TRAFFIC SIGNALS
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to the authority of Article XI, Section 7 of the California
Constitution, Government Code Section 37100.5, and other applicable law, the City Council
adopted, and the voters of the City of Temecula approved, Ordinance No. 96-21, levying and
assessing a special tax on each parcel of property in the City of Temecula for each fiscal year,
commencing with fiscal year 1997-98.
Section ~. The maximum amount of said special tax for each fiscal year as
established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 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, $148.88 per acre of golf course property, and $37.22 per acre for agricultural
uses.
Section 3. Pursuant to Ordinance No. 96-21 the City Council 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 Resolution, as is required to provide an
adequate level of service in accordance with the purposes set forth in the Ordinance.
Section 4. The City Council hereby determines that the following amounts are
required to provide an adequate level of service in accordance with the purposes set forth in
Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax
for fiscal year 1999-2000, which amounts are less than the maximum amounts established by
Ordinance No. 96-21 and approved by voters:
$ 68.44
$ 51.34
$136.88
$273.76
$410.64
$136.88
$ 34.22
per single-family residential dwelling unit
per multi-family residential dwelling unit
per acre of vacant property in a residential zone
per acre of vacant property in a non-residential zone
per acre of non-residential improved property
per acre of golf course property
per acre of agricultural property
Section 5. The special tax shall be collected in the same manner, on the same
dates, and shall be subject to the same penalties and interest as other 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
R:~resos 99-56 I
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 Temecula by the persons who own the
parcel on the date the tax is due. All laws applicable to the levy, collection, and enforcement of
property taxes, including, but not limited to, those pertaining to the matters of delinquency,
correction, cancellation, refund and redemption, are applicable to the special tax, except for
California Revenue and Taxation Code Section 4831.
Section 6. The revenue raised by the special tax shall be placed in a special fund
to be used only for the purposes of financing recreational and human services programs, and the
operation, maintenance, and servicing of public parks and recreational facilities, median
landscaping, artedal street lights and traffic signals throughout the City of Temecula and
administrative expenses incurred by the City in connection therewith.
Section 7. The special tax shall not be imposed upon a federal or state
govemmental agency or another local govemmental 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 8. The City Clerk is heraby ordered to transmit or cause to be transmitted
to the County Auditor of the County of Riverside, California before August 10, 1999, the property
tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County
Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered
to make collection of such special tax as shown on that roll and to perform any and all duties
necessary therefor.
Section 9. If a property owner subject to the special tax challenges or questions
the levy of the special tax against such property owner's property, such property owner must
appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 1999,
pursuant to procedures established by the City.
Section 10. If a property owner subject to the special tax believes that payment of
the special tax for fiscal year 1999-20(X) would create a hardship for that property owner dudng that
fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk
before 5:00 p.m. on December 1, 1999, pursuant to procedures established by the City, in order
to be considered under the hardship appeal program.
Section 11. If any provision of this Resolution 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 Resolution are declared to be severable. The City Council does hereby
declare that it would have adopted this Resolution and each section, subsection, sentence, clause,
phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections,
clauses, phrases, parts or portions hereof are declared invalid or unconstitutional.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
R:~esos 99-56 2
PASSED, APPROVED AND ADOPTED by the City Council of the
22"~ day of June, 1999.
ATTEST:
emecula this
Fo~rd, M~ayor
Susan W. Jorl,C~r'ye~3
~r tary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution No. 99-56 was duly adopted by the City
Council of the City of Temecula at the regular meeting thereof, held on the 22nd day of June, 1999,
by the following vote of the City Council:
AYES:
5 COUNCIL MEMBERS:
Comerchero, Lindemans, Roberts, Stone, Ford
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0
COUNCIL MEMBERS: None
Susah'f'h~~(~lMekh~
R:~resos 99-56 3