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HomeMy WebLinkAboutORD 235 1997 0723ORDINANCE NO. 235 AN ORDINANCE LEVYING SPECIAL TAXES WITHIN THE CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 97 -1 (CARLSBERG BUSINESS PARK PUBLIC IMPROVEMENTS) WHEREAS, on February 19, 1997, this City Council adopted Resolution No. 97 -1280 entitled "A Resolution of the City Council of the City of Moorpark of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello -Roos Community Facilities Act of 1982" (the "Resolution of Intention ") stating its intention to establish the City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements) (the "District ") pursuant to 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 certain facilities and services (the "Facilities" and the "Services," respectively); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities and Services; WHEREAS, this City Council has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities and Services; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, a community facilities district report was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council eliminated the funding of the Services and some of the Facilities to be financed by the District, and clarified the description of certain other Facilities; WHEREAS, also subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of the City Council of the City of Moorpark of Formation of City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation "), "A Resolution the City Council of the City of Moorpark Determining the Necessity to 1 111Ak Incur Bonded Indebtedness Within the City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements)" and "A Resolution the City Council of the City of Moorpark Calling Special Election ", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two - thirds vote required by the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK ORDAINS AS FOLLOWS: SECTION 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rates and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the "Rate and Method of Apportionment "). The special taxes are hereby levied commencing in fiscal year 1997 -98 and in each fiscal year thereafter until payment in full of any bonds of the City issued for the District (the "Bonds ") , payment of all costs of the Facilities to be paid with such funds, and payment of all costs administering the District. SECTION 2. The Finance Director 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 District, in the manner and as provided in the Rate and Method of Apportionment. SECTION 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment. SECTION 4. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment, and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities, the payment of the costs of the City in administering the District and the costs of collecting and E 006006 administering the special tax. SECTION 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The City Finance Director is hereby authorized and directed to provide all necessary information to the auditor /tax collector of the County of Ventura and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District. Notwithstanding the foregoing, the Finance Director of the City may collect one or more installments of the special taxes by means of direct billing by the City of the property owners within the District, if, in the judgment of the Finance Director, such means of collection will reduce the administrative burden on the City in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Whether the special taxes are levied in the manner provided in the first or the second preceding paragraph, the special taxes 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. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. SECTION 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. 3 000007 SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City. PASSED, APPROVED, AND ADOPTED TINS 231rd DAYAF JXY/, 1997. ATTEST: Lillian E. Hare, City Clerk C:\WPD005\0P.DINAN^_.WSI 4 Hunterl Mayor WOWS MOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 235 was adopted by the City Council of the City of Moorpark at a meeting held on the 23rd day of July 1997, and that the same was adopted by the following vote: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND AYES: MAYOR HUNTER NOES: NONE ABSENT: COUNCILMEMBER WOZNIAK ABSTAIN: NONE WITNESS my hand and the official seal of said City this 24th day of July 1997. illian E. Hare City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember