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HomeMy WebLinkAboutRES CC 1990 690 1990 0630ATTACHMENT 1 EXHIBIT A RESOLUTION NO. go--690 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR MOORPARK COMMUNITY FACILITIES DISTRICT NO. 1 ( MOORPARK PARAMEDIC AND AMBULANCE DISTRICT) WHEREAS, a written request to institute proceedings for formation of a community facilities district signed by two (2) members of the City Council of the City of Moorpark ( "City Council ") has been received and filed with the City Council; and WHEREAS, the City Council has duly considered the advisability and necessity of instituting proceedings to establish a community facilities district under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982 ", as amended, ( "Act "), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council has determined to institute proceedings for the establishment of such community facilities district, and has determined to set forth the boundaries of the territory which is proposed for inclusion in such community facilities district and to state the public facilities and services to be provided in and for such community facilities district, and has determined to set a date time and place for a public hearing relating to the establishment of such community facilities district and the levy of a special tax therein to pay for such public facilities and services; and WHEREAS, the City Council has determined it is advisable to establish an appropriations limit, as defined by Article XIIIB, Section 8(h) of the California Constitution, for the district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOORPARK, AS FOLLOWS: Section 1. All of the above recitals are true and correct. PDT /WP /RES26042 Section 2. The written request of the members of the City Council is hereby accepted and proceedings are initiated pursuant to the authorization of Sections 53316 and 53318 of the Act. Section 3. The City Council hereby proposes to establish a community facilities district under and pursuant to the terms and provisions of the Act. The boundaries of the territory proposed for inclusion in such community facilities district are contiguous with the city limits of the City of Moorpark. The City Clerk is hereby authorized and directed to endorse a certificate on a map of the community facilities district evidencing the date and adoption of this resolution and is further authorized and directed to file said map with the County Recorder of the County of Ventura in accordance with the provisions of Section 3111 of the California Streets and Highways Code within 15 days of the adoption of this resolution and not later than 15 days prior to the date of the public hearing as set forth in Exhibit C hereto. Section 4. The communities facilities district proposed to be established shall be known and designated as "Moorpark Community Facilities District No. 1 (Moorpark Paramedic and Ambulance District)" ( "Community Facilities District "). Section 5. It is the intention of the City Council to provide certain services and to order the funding, financing, construction, installation and acquisition of certain public facilities with an estimated useful life of five (5) years or longer related to those certain services within the Community Facilities District ( "Services "), which are public facilities and services that the City or a public agency is authorized by law to contribute revenue to or to construct, own or operate. A non - exclusive list of the proposed Services is attached as Exhibit "A" and incorporated herein by reference. The cost of providing, constructing, installing and acquiring the Services includes incidental expenses consisting of the costs of planning and designing the Services, including the costs of environmental evaluations thereof, the cost of providing administrative and consultant services, all costs associated with the establishment of the Community Facilities District, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the funding, financing, construction, -2- PDT /WP /RES26042 installation, acquisition, comp-'etion and inspection of the Services. Section 6. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services, including the repayment of funds advanced to the Community Facilities District and the annual administration expenses of the City of Moorpark and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, secured by recordation of a continuing lien against all non - exempt real property in the Community Facilities District, will be levied annually on land within the boundaries of the Community Facilities District. The rate and method of apportionment of such proposed special tax is set forth in Exhibit B, attached hereto and incorporated herein. Exhibit B provides sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Services. In the event that property within the Community Facilities District is acquired or dedicated to a public agency subsequent to the date of formation of the Community Facilities District, the special tax on such tax will be released pursuant to Section 53317.3, and such parcel will become exempt property under the provisions of the rate and method of apportionment for the Community Facilities District as to all future obligations to pay the special tax imposed by the Community Facilities District. There is no prior indebtedness and no changes are needed in property taxation to pay for prior debt pursuant to Government Code Sections 533:3.6 and 53313.7. Section 7. On August 1990, at 7:00 p.m., in the City Council chambers, City of Moorpark, a public hearing will be held at which the City Council shall consider the establishment of the Community Facilities District. The public hearing is more particularly described in the Notice of Public Hearing set forth in Exhibit C, attached hereto and incorporated herein. If, following the public hearing, the City Council determines to establish the Community Facilities District, proposes to levy a special tax within the Community Facilities District, proposes to establish an appropriations limit for the Community Facilities District, and the City Council shall then submit the levy of the special tax and the establishment of the appropriation limit to the qualified electors of the Community Facilities District. 17he vote shall be by -3- PDT /WP /RES26042 registered voters of the Community Facilities District, with each voter having one (1) vote. If, following the public hearing, the City Council determines to submit the levy of the special tax at a rate lower than described in Exhibit B, then the special tax shall not be submitted to the voters at the consolidated general election of November 6, 1990, but would have to be voted upon at an election to be held at a later date. Section 8. The City Manager and such others as he may designate, pursuant to Section 53321.5 of the Act, are hereby directed, at or before the time of such public hearing, to cause to be prepared and filed with the City Council a report or reports which shall contain a brief description of the Services by type which are required to adequately meet the needs of the Community Facilities District, and an estimate of the cost for providing the Services and an estimate of the incidental expenses related thereto. Such report(s) shall be made a part of the record of the public hearing to be held to consider establishing the Communitv Facilities District. Section 9. Notice of the time and place of such public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing required by Section 53322 of the Act in substantially the form of Exhibit C, shall be published in a newspaper of general circulation published in the area of the proposed Community Facilities District, such publication to be made pursuant to Section 6061 of the Government Code, which publication shall be completed at least seven (7) days prior to the date set for such public hearing. PASSED, APPROVED and ADOPTED this of JUNE , 1990. ATTEST: 30TH day Mayor of the City of Moorpark PDT /WP /RES26042 EXHIBIT A NON - EXCLUSIVE LIST OF SERVICES Facilities and services may include, but are not limited to: 1. Paramedic station and improvements to existing public or private facilities to house ambulances and paramedic staff; and and 2. Ambulance vehicles and paramedic equipment; 3. Ambulance and paramedic services; and 4. Incidental expenses for costs, including, but not limited to, insurance, engineers, auditors, consultants, attorneys, and city staff; and 5. Repayment of advances on work -in -kind per Government Code section 53314.9. PDT /WP /RES26042 EXHIBIT B RATE, METHOD OF APPORTIONMENT OF SPECIAL TAX AND MANNER OF COLLECTION The tax rate shall increase by the greater of two percent or 3/4 of the increase in the annual Consumer Price Index for the Los Angeles- Metropolitan Area, unless the City Council establishes a lesser increase, for each year after the formation of the District. The method of apportionment is 75 percent of the expenses to residential parcels and 25 percent to commercial and industrial parcels. The tax rate and apportionment are based on a first -year budget of $869,520 for staff, equipment, materials, supplies, training and facilities. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. PDT /WP /RES26042 EXHIBIT C NOTICE OF PUBLIC HEARING CITY OF MOORPARK Moorpark Community Facilities District No. 1 (Moorpark Paramedic and Ambulance District) Notice is hereby given that on June 30, 1990, the City Council of the City of Moorpark adopted a Resolution entitled "Resolution of the City Council of the City of Moorpark Declaring its Intention to Establish a Community Facilities District and to Levy a Special Tax to Pay for Certain Public Facilities and Services in and for Moorpark Community Facilities District No. 1 (Moorpark Paramedic and Ambulance District) ". Pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") the City Council of the City of Moorpark hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, a written request to institute proceedings for formation of a community facilities district signed by two (2) members of the City Council of the City of Moorpark ( "City Council ") has been received and filed with the City Council; and WHEREAS, the City Council has duly considered the advisability and necessity of instituting proceedings to establish a community facilities district under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982 ", as amended, ( "Act "), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council has determined to institute proceedings for the establishment of such community facilities district, and has determined to set forth the boundaries of the territory which is proposed for inclusion in such community facilities district and to state the public facilities and services to be provided in and for such community facilities district, and has determined to set a date time and place for a public hearing relating to the establishment of such community facilities district and the levy of a special tax therein to pay for such public facilities and services; and PDT /WP /RES26042 WHEREAS, the City Council has determined it is advisable to establish an appropriations limit, as defined by Article XIIIB, Section 8(h) of the California Constitution, for the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOORPARK, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The written request of the members of the City Council is hereby accepted and proceedings are initiated pursuant to the authorization of Sections 53316 and 53318 of the Act. Section 3. The City Council hereby proposes to establish a community facilities district under and pursuant to the terms and provisions of the Act. The boundaries of the territory proposed for inclusion in such community facilities district are contiguous with the city limits of the City of Moorpark. The City Clerk is hereby authorized and directed to endorse a certificate on a map of the community facilities district evidencing the date and adoption of this resolution and is further authorized and directed to file said map with the County Recorder of the County of Ventura in accordance with the provisions of Section 3111 of the California Streets and Highways Code within 15 days of the adoption of this resolution and not later than 15 days prior to the date of she public hearing as set forth in Exhibit C hereto. Section 4. The communities facilities district proposed to be established shall be known and designated as "Moorpark Community Facilities District No. 1 (Moorpark Paramedic and Ambulance District). ( "Community Facilities District "). Section 5. It is the intention of the City Council to provide certain services and to order the funding, financing, construction, installation and acquisition of certain public facilities with an estimated useful life of five (5) years or longer related to those certain services within the Community Facilities District ( "Services "), which are public facilities and services that the City or a public agency is authorized by law to contribute revenue to or to construct, own or operate. A non - exclusive list of the proposal Services is attached as Exhibit "A" and incorporated herein by reference. The cost of providing, constructing, installing and acquiring the -2- PDT /WP /RES26042 Services includes incidental expenses consisting of the costs of planning and designing the Services, including the costs of environmental evaluations thereof, the cost of providing administrative and consultant services, all costs associated with the establishment of the Community Facilities District, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the funding, financing, construction, installation, acquisition, completion and inspection of the Services. Section 6. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services, including the repayment of funds advanced to the Community Facilities District annual administration expenses of the City of Moorpark and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, secured by recordation of a continuing lien against all non - exempt real property in the Community Facilities District, will be levied annually on land within the boundaries of the Community Facilities District. The rate and method of apportionment of such proposed special tax is set forth in Exhibit B, attached hereto and incorporated herein. Exhibit B provides sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Services. In the event that property within the Community Facilities District is acquired or dedicated to a public agency subsequent to the date of formation of the Community Facilities District, the special tax on such tax will be released pursuant to section 53317.3, and such parcel will become exempt property under the provisions of the rate and method of apportionment for the Community Facilities District as to all future obligations to pay the special tax imposed by the Community Facilities District. There is no prior indebtedness and no changes are needed in property taxation to pay for prior debt pursuant to Government Code Sections 53313.6 and 53313.7. Section 7. On August 1, 1990, at 7:00 p.m., in the City Council chambers, City of Moorpark, a public hearing will be held at which the City Council shall consider the establishment of the Community Facilities -3- PDT /WP /RES26042 District. The public hearing is more particularly described in the Notice of Public Hearing set forth in Exhibit C, attached hereto and incorporated herein. If, following the public hearing, the City Council determines to establish the Community Facilities District, proposes to levy a special tax within the Community Facilities District, and proposes to establish an appropriations limit for the Community Facilities District, the City Council shall then submit the levy of the special tax and the establishment of the appropriation limit to the qualified electors of the Community Facilities District. The vote shall be by registered voters of the Community Facilities District, with each voter having one (1) vote. If, following the public hearing, the City Council determines to submit the levy of the special tax at a rate lower than described in Exhibit B, then the special tax shall not be submitted to the voters at the consolidated general election of November 6, 1990, but would have to be voted upon at an election to be held at a later date. Section 8. The City Manager and such others as he may designate, pursuant to Section 53321.5 of the Act, is hereby directed, at or before the time of such public hearing, to cause to be prepared and filed with the City Council a report or reports which shall contain a brief description of the Services by type which are required to adequately meet the needs of the Community Facilities District, and an estimate of the cost for providing the Facilities and an estimate of the incidental expenses related thereto. Such report(s) shall further contain any other material that is related to the Facilities or the Community Facilities District, including a proposed appropriations limit, and shall be made a part of the record of the public hearing to be held to consider establishing the Community Facilities District. Section 9. Notice of the time and place of such public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing required by Section 53322 of the Act in substantially the form of Exhibit C, shall be published in a newspaper of general circulation published in the area of the proposed Community Facilities District, such publication to be made pursuant to Section 6061 of the Government Code, which publication shall -4- PDT /WP /RES26042 be completed at least seven (7) days prior to the date set for such public hearing. PASSED, APPROVED AND ADOPTED this 30TH day of JUNE ► 1990. Mayor of the City of Moorpark day of August, 1990, at the hour of 7:00 p.m., in the City Council chambers, City of Moorpark, a public hearing will be held at which the City Council shall consider the establishment of the Community Facilities District, a of the Services to be provided, the proposed rate and method of apportionment of the special tax, the proposed appropriations limit for the Community Facilities District and all other matters as set forth in the Resolution of Intention. At the above - mentioned time and place for such public hearing, any persons interested, including all interested taxpayers, property owners and registered voters within the Community Facilities District, may appear and testify for or against the establishment of the Community Facilities District, the extent of the Community Facilities District, or the funding, financing, construction, installation and acquisition of Facilities or the establishment 3f an appropriations limit. C. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City of Moorpark on or before the time fixed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If written protests against the establishment of the Community Facilities District are filed by fifty percent (50 %) or more of the registered voters, or six (6) registered voters, whichever if greater, residing within the Community -5- PDT /WP /RES26042 Facilities District, or the owners of one -half (1/2) or more of the area of the land proposed to be included within the Community Facilities District, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, the proceedings shall be abandoned. If said majority protest is limited to certain types of facilities or services or certain provisions of the special tax, those facilities or those provisions of the tax shall be eliminated from the resolution of formation. Dated: �/' h� /s/ Lillian Kellerman City Clerk [ATTACH EXHIBITS A -81 0M.