HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 11Aof %- - s
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ORDINANCE NO. 319
_AN "- ORDrNANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, LEVYING A SPECIAL
TAX WITHIN COMMUNITY FACILITIES DISTRICT NO.
2004 -1 (MOORPARK HIGHLANDS)
WHEREAS, on September 15, 2004, this Council adopted
Resolution No. 2004 -2239 (the "Resolution of Intention
respect to Community Facilities District No. ��) with
Highlands) (the CFD 2004 -1 (Moorpark
Community Facilities Act of 1982c1as mended tCha the Mello -Roos
1 of Division 2 of Title 5, commencing with Sectione53311 of Part
California Government Code (the Act of the
acquisition of certain facilities ��)' tO finance the
providing of certain services (the "Services"); and
WHEREAS, notice was published as required by
relative to the intention of the Council to form the CFD and Act
provide for the Facilities and Services; and
WHEREAS, the Council has held a noticed
public
required by the Act relative to the determination to proceed hearing with the formation of the CFD and the rate and method of apportionment
of the special tax to be levied within the CFD to finance the
costs of the Facilities and Services; and
WHEREAS, at said hearing all persons desiring to be heard on
all matters pertaining to the formation of the CFD and the levy
Of said special taxes were heard
presented and considered b substantial evidence was
Y thi
hearing was held; and s Council and a full and fair
WHEREAS, subsequent to the hearing this city
adopted Resolution No. 2005 -2383 (the "Resolution of Formation"),
Resolution No. 2005 -2384 (the "Resolution Determining Necessity,,)
and Resolution No. 2005 -2385 "Election Y��)
resolutions established the CFD, authorzed the levy u of a which
tax with the CFD, determined the necessity of a special
indebtedness in the CFD and called an election within the CbFDdond
the propositions of incurring indebtedness,
tax, and establishing an appropriations limit ewithin athe special
respectively; and
WHEREAS, on September 21, 2005, a special election was held
within the CFD at which the eligible landowner- electors approved
such propositions by the two - thirds vote required by the Act;
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Ordinance No.319
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. By the passage of this Ordinance the Council
hereby authorizes and levies special
pursuant to the Act p taxes within the CFD
at the rate and in accordance with the
formula set forth in the Resolution
Of Formation, which
Resolution is b
y this reference incorporated herein. The
taxes are hereby levied commencing in fiscal year 2005 -2006 special
and
in each fiscal year thereafter,
Resolution of Formation and the ResolutionsDetermi nping Necessity. by the
SECTION 2. y
City
authorized and directed each of the City is hereby
cal
specific special tax rate and amount to be year
for the next the
ensuing fiscal year for each parcel of real
CFD, in the manner and as property within the
Formation. provided in the Resolution of
SECTION 3. Properties or entities
or local of the State, federal,
governments shall be exempt from any levy of the special
taxes. In no event shall the special taxes be levied on an
parcel within the CFD in excess of the maximum tax
the Resolution of Formation. specified in
SECTION 4. All of the collections of the special tax
shall be used as provided for in the Act and in the Resolution of
Formation including, but not limited to, the payment of
principal
of and interest on the Bonds, the replenishment of the reserve
fund for the Bonds, the payment of the costs
administering the CFD, and the costs of the City in
of collecting and
administering the special tax.
SECTION 5. The special taxes shall be collected either
by direct billing of the property owner or in the same manner as
ordinary ad valorem taxes are collected and, in either case,
shall have the same lien priority,
penalties and the same procedure and sale b n cabsescof delinquency
as provided for ad valorem taxes; provided, to however , y
Council may provide for other appropriate methods ofc collection
by resolutions of the Council.
Section 53356.1 of the Act shall a n addition
the provisions of
payments. PPlY to delinquent special tax
SECTION 6. If any section, subsection, sentence, clause,
to be
phrase, part or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
00.0'134
Ordinance No-319
Page 3
that it would have adopted this Ordinance and each se
subsection, sentence, clause,
irrespective of phrase, section,
the fact P � Part or portion thereof,
subsections that any one or more
declared invalid or unconstitutionalrases, arts section,
P or portions be
SECTION 7. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 8. The City
and adoption of this e Citncelerk shall certify to the
of original ordinances of said shall enter the same in the book passage and adoption thereof in the yrecords f the minute of the
the city Council at which the same is Proceedings of
passed
shall, within fifteen (15) days after the and adopted; and
thereof, cause the same to be passage and adoption
a newspaper of general circulation, sasd defined ninhSection 60 Star
the Government Code, for the City 008 of
hereby designated for that Purpose. Y °f Moorpark, and which is
PASSED AND ADOPTED this 5th day of October, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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