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HomeMy WebLinkAboutRES CC 1990 703 1990 0801RESOLUTION NO. 90- 103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF MOORPARK ( MOORPARK PARAMEDIC AND AMBULANCE DISTRICT), PROPOSING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF MOORPARK ( MOORPARK PARAMEDIC AND AMBULANCE DISTRICT) AND CALLING AN ELECTION WHEREAS, the City Council ( "City Council ") of the City of Moorpark ( "City ") has previously adopted Resolution No. 90 -690 stating its intention to form Community Facilities District No. 1 of the City of Moorpark (Moorpark Paramedic and Ambulance District) ( "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended ( "Act "); and WHEREAS, a copy of Resolution No. 90 -690, setting forth a legal description of the proposed boundaries of the District and the services proposed to be provided therein, and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on July 19, 1990, notice was published in the Moorpark News - Mirror as required by Government Code Section 53322 relative to the intention of the City Council to form the District and to levy a special tax within the boundaries of the District; and WHEREAS, on August 1, 1990, the City Council conducted a noticed public hearing as required by the Act relative to the proposed formation of the District and the levy of a special tax therein, at the conclusion of which the City Council determined to proceed with forming the District through the adoption of this Resolution; and WHEREAS, prior to commencement of the public hearing on August 1, 1990, there was filed with the City Council a report ( "Report ") containing a description of the services necessary and adequate to meet the needs of the District, and an estimate of the cost of such facilities and incidental expenses to be financed by the District as required by Government Code Section 53321.5; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to formation of the District and the levy of the special tax were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it, and the City Council at the conclusion of the hearing is fully advised as to all matters relating to formation of the District and the levy of the special tax; and WHEREAS, a negative declaration ( "Negative Declaration ") regarding formation of the District has been prepared in compliance with the California Environmental Quality Act ("CEQA") and the City's CEQA guidelines; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Each of the above recitals is true and correct. Section 2. Resolution No. 90 -690 is hereby attached hereto and incorporated herein as Exhibit A. Section 3. A community facilities district to be designated "Community Facilities District No. 1 of the City of Moorpark (Moorpark Paramedic and Ambulance District)" is hereby established pursuant to the Act. The City Council is hereby appointed to act as the legislative body of the District pursuant to the Act. Section 4. The legal description of the boundaries of the District, as described in Resolution No. 90 -690, are incorporated herein by reference, and shall be the boundaries of the District. The map of the District is recorded in the office of the Ventura County Recorder in Book _, Page _ of the Book of Maps of Assessments and Community Facilities Districts, as required by Streets and Highways Code Section 3111. Section 5. The facilities and services ( "Services ") authorized to be provided within the District and funded with a special tax in accordance with Section 7 of this Resolution are further described in Resolution No. 90 -690 and the Report. The District is authorized to provide the Services in accordance with the Act. The District has incurred and intends to incur further "incidental expenses" (as defined in Government Code Section 53317(e)) related to the formation of the District and planning the Services. -2- Section 6. The City Council has considered the Negative Declaration prepared with respect to the formation of the District and the financing of the Services which is on file with the City Clerk and finds, on the basis of the initial study attached thereto, that there is no substantial evidence that the formation of the District will have a significant effect on the environment and the City Council approves the Negative Declaration. The City Clerk is hereby authorized and directed to file a Notice of Determination and a copy of the Negative Declaration with the County Clerk. Section 7. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax sufficient to pay for the Services and the costs of forming the District and administering the levy and collection of the special tax and all other costs related to the special tax levy and District operations. The rate and method of apportionment of the special tax are described in detail in Exhibit B, which is attached hereto and incorporated herein by reference. Exhibit B allows each property owner within the District to estimate the maximum amount that may be levied against each parcel. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit B to be reasonable. The special tax is apportioned to each parcel pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. Upon recordation of a notice of special tax lien pursuant to Streets and Highways Code Section 3114.5, a continuing lien to secure each levy of the special tax will attach to all nonexempt real property in the District and the lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the special tax by the City Council ceases. The office of the City Clerk of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California 93021, the telephone number of which is (805) 529 -6864, is hereby designated as the office responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Government Code Section 53340.1. -3- Section 8. The City Council finds that the proposed Services are necessary to meet the present demand as well as any increased demand that will result from new development within the District. Section 9. Written protests against formation of the District, the specified types of Services and the levying of the special tax are not on file from more than 50% of the registered voters nor by property owners of one - half (1/2) or more of the area of land within the District. Section 10. An election is hereby called for the District on the proposition of levying the special tax and establishing an appropriation limit for the District pursuant to Government Code Section 53325.7 and shall be consolidated with the county general election ballot of November 6, 1990. The proposed measure shall be substantially in the form attached as Exhibit C. Section 11. The preparation of the Report is hereby ratified. The Report, as submitted, is hereby approved and is made a part of the record of the public hearing regarding formation of the District, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. Section 12. Not later than fifteen (15) days following the adoption of this Resolution, the City Clerk shall cause a Notice of Special Tax, in the form required by Streets and Highways Code Section 3114.5, to be recorded with the Ventura County Recorder. Section 13. The City Council finds and determines that all proceedings herein are valid and in conformity with the Act. The City further finds and determines that such finding shall be final and conclusive. -4- Section 14. All decisions and determinations of the City Council shall be final and conclusive upon all persons entitled to appeal to the City Council, as to all errors, informalities, and irregularities which the City Council might have avoided, or have remedied during the progress of the proceedings or which it can at that time remedy. Section 15. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of August, 1990. ATTEST: pdt /RES78911 - � _ x . -nm4- -5- MAYOR BERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk MOORPARK STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 90 -703 was adopted by the City Council of the City of Moorpark at a meeting held on the 1st day of AUGUST 1990, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HARPER AND MAYOR PEREZ NOES: COUNCILMEMBERS LAWRASON AND MONTGOMERY ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 2nd day of AUGUST 1990. L'illian E. Kellerman City Clerk (Seal) 799 Moorpark Avenue Moor-Dark. California 93021 (805) 529 -6864