HomeMy WebLinkAbout99-11 CC OrdinanceORDINANCE NO. 99-11
AN ORDINANCE OF THE CITY COUNCIL 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 TERRITORY ANNEXED TO
THE CITY OF TEMECULA AS PART OF THE
REORGANIZATION DESIGNATED AS LAFCO No. 98-14-1
(REDHAWK AND VAIL RANCH)
THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to the authority of Article XI, Section 7 of the Califomia
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 territory
annexed to the City of Temecula as part of the reorganization designated as LAFCO No. 98-14-1
(Red hawk and Vail Ranch) for each fiscal year, commencing with fiscal year 2000-01.
Section 2. The maximum amount of said special tax for each fiscal year shall be
$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, and $37.22 per acre
for agricultural uses.
Section 3. 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 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
Temecula by the persons who own the parcel on the date the tax is due.
Section 4. 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, artedal street lights and traffic signals throughout the City of Temecula and
administrative expenses incurred by the City in connection therewith.
Section 5. 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.
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Section 6. 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 7. No section of this ordinance shall be construed to permit, and the City
Council is expressly prohibited from, increasing the amounts of the spedal tax imposed by this
ordinance beyond the maximum amounts set forth in this ordinance.
Section 8. 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 Coundl.
Section 9. If a property owner subject to the special tax believes that payment of
the special tax dudng 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 10. 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 11. 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 any one or more sections, subsections, clauses, phrases, parts or portions thereof, be
declared invalid or unconstitutional.
Section 12. 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 13. This ordinance shall be referred to, and shall be effective only if
approved by two-thirds (2/3) of, the voters within the annexation area for LAFCO 98-14-1 voting at
an election to be held on November 2, 1999, and shall go into effect on the effective date of the
annexation of LAFCO 98-14-1.
Section 14. The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause same to be published as required by law.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
22nd day of June, 1999.
J. Ford, Mayor
ATTEST:
Susan N Jone CMC r
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the
foregoing Ordinance No. 99-11 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 8th day of June, 1999, and that thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Coundl of the City of Temecula on the
22nd day of June, 1999 by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Ford
usan CMC
lerk
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