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HomeMy WebLinkAboutORD 320 2005 1005ORDINANCE NO. 320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2004 -2 (VISTAS AT MOORPARK) WHEREAS, on September 15, 2004, this Council adopted Resolution No. 2004 -2241 (the "Resolution of Intention ") with respect to Community Facilities District No. 2004 -2 (Vistas at Moorpark) (the "CFD ") of the City pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act ") , to finance the acquisition of certain facilities (the "Facilities ") and the providing of certain services (the "Services "); and WHEREAS, notice was published as required by the Act relative to the intention of the Council to form the CFD and to provide for the Facilities and Services; and WHEREAS, the Council has held a noticed public hearing as required by the Act relative to the determination to proceed 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, substantial evidence was presented and considered by this Council and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, this City Council adopted Resolution No. 2005- 2388(the "Resolution of Formation "), Resolution No. 2005 -2389 (the "Resolution Determining Necessity ") and Resolution No. 2005 -2390 (the "Election Resolution ") which resolutions established the CFD, authorized the levy of a special tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD, and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, 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. Ordinance No. 320 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 taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula set forth in the Resolution of Formation, which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2005 -2006 and in each fiscal year thereafter, all as contemplated by the Resolution of Formation and the Resolution Determining Necessity. SECTION 2. The City Manager 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 CFD, in the manner and as provided in the Resolution of Formation. SECTION 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation. 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 of the City in administering the CFD, and the costs 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, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolutions of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. SECTION 6. If any section, subsection, sentence, caluse, phrase, part or portion of this Ordinance is for any reason held to be 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 Ordinance No. 320 Page 3 that it 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 section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the city Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be ishe ce in the Moorpark Star a newspaper of general circ ation, as deft ed in Section 6008 of the Government Code, for the City of Moo d which is hereby designated for th purpose. PASSED AND ADOPTED this 5th day of f6ctg35er,,-,200 ATTEST: Deborah S. Traffenstedt, City Clerk May Ordinance No. 320 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) I, Deborah S. Moorpark, CaliforniE that the foregoing Council of the City Sth day of October, following vote: ss. Traffenstedt, City Clerk of the City of a, do hereby certify under penalty of perjury Ordinance No. 320 was adopted by the City of Moorpark at a regular meeting held on the 2005, and that the same was adopted by the AYES: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 14th day of October, 2005. D I Deborah S. TraffensteaY, City Clerk (seal)