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HomeMy WebLinkAboutRES CC 1997 1280 1997 0219RESOLUTION NO. 97 -1280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK OF INTENTION TO ESTABLISH A COMMITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE HELLO -ROOS COb24UNITY FACILITIES ACT OF 1982 WHEREAS, under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this City Council of the City of Moorpark (the "City ") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this City Council has received a petition by the owner of the land within the proposed Carlsberg Business Park development requesting the formation of a community facilities district to finance public facilities and services necessary or incident to such development; and WHEREAS, this City Council now desires to proceed with the establishment of a community facilities district under the Act in order to finance such public facilities and services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. SECTION 2. The name proposed for the community facilities district (the "District ") is City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements). SECTION 3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in Section 10 below. SECTION 4. The type of pu�,lic facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities and services, respectively, on Exhibit A hereto and by this reference incorporated herein (the "Facilities" and the "Services," respectively). The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act; however the District may enter into one or more contracts directly with any of the property owners with respect to the construction and /or operation of the Facilities. The City Manager is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities or provide any of the Services, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The City Council hereby declares that such joint agreements will be beneficial to residents in the area of the District. SECTION 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, Services and /or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non - exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council or i-s designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This City Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. SECTION 6. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant tc the Act to finance in whole N. or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $10,500,000, shall bear interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. SECTION 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand - delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. SECTION 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and /or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment of `:he special taxes for the District. SECTION 9. The Director of Public Works of the City, as the officer having charge and control of the Facilities and Services in and for the District, or his designee, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of providing the Services and the Facilities including the cost of acquisition of lands, rights -of -way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53395.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. SECTION 10. Wednesday, April 2, 1997, at 7:00 p.m., in the City Council Chambers, 799 Moorpark Avenue, Moorpark, California, are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct, a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. SECTION 11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. SECTION 12. The City may at its sole discretion repay certain landowners within the District, solely from the proceeds of bonds of the City issued for the District, funds advanced by such landowners to pay costs of the City to form the District. PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF FEBRUARY 1997. EXHIBIT A CITY OF MOORPARK COW4UNITY FACILITIES DISTRICT NO. 97 -1 (CARLSBERG BUSINESS PARK PUBLIC IMPROVnMNTS) DESCRIPTION OF FACILITIES AND SERVICES TO BE FINANCED BY THE DISTRICT FACILITIES The planned public improvements include the following: construction of sanitary sewers (including gravity sewers, manholes and appurtenances), storm drains (including inlets, outlets, channels, structures, junctions, manholes and catch basins) , detention and filtration basins (including NPDES flood control facilities) , water facilities (including distribution mains and appurtenances), power, telephone and gas utilities, streets (including portions of Science Drive, New Los Angeles Avenue and Spring Road) , curbs, gutters, sidewalks, hiking and open space trails, landscaping, hardscaping and striping, traffic signals, street signs and street lights, and other landscaping and slope planting, all within or in the vicinity of the CFD. The improvements shall include all related clearing and grubbing, grading and appurtenances, and any removals or temporary signage or markings related thereto. The facilities shall include all costs of engineering, design, fees, permits, bonds, supervision, planning, construction staking, inspection, materials testing and coordination incident thereto. The facilities shall also include capital improvement fees payable incident to development in the CFD. SERVICES The maintenance of parks, parkways and open space within or in the vicinity of the District (in addition to those services provided in the territory of the District prior to April 2, 1997 and that do not supplant services already available within that territory), including maintenance of landscaping improvements to be financed by the CFD. OTHER Bond related expenses, including underwriters discount, financial advisor, appraisals, reserve fund, capitalized interest, bond counsel, discicsure counsel, special tax consultant, bond and cfficLal statement printing and all other incidental expenses. Administrative fees of the City, the CFD and the Bond trustee or fiscal agent related to the CFD and the Bonds. EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 97-1 (CARLSBERG BUSINESS PARK PUBLIC IMPROVEMENTS) A special tax shall be levied annually on each Parcel of land within the City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements) (the "District"), based upon the Special Tax Liability determined by the Finance Director of the City of Moorpark (the "City "), or his designee, through the application of the following procedures. All of the property within the District, unless otherwise exempted by the express provisions of the rate and method. of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in the Fiscal Agent Agreement for any Bonds of the City for the District. Notwithstanding the foregoing, the City may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District, including by means of direct billing of the affected property owners. MAXIMUM SPECIAL TAX ZONE A: The maximum special tax that may be levied in the Fiscal Year ending June 30, 1998 on any Parcel designated as Zone A is $21,800 per acre (said amount to be levied pro rata for any portion of an acre). ZONE B: The maximum special tax that may be levied in the Fiscal Year ending June 30, 1998 on any Parcel designated as Zone B is $13,100 per acre (said amount to be levied pro" mta for any portion of an acre). The special tax for Zone A and Zone B shall be levied annually. The maximum special tax rate for Zone A and Zone B shall increase each Fiscal Year from the maximum special tax rate for the Fiscal Year ending June 30, 1998 by 2 %, compounded annually. A Parcel shall be subject to the maximum special tax for not more than 30 years. almoorpark11997- 1\r&ma2.doc B I -3rd Draft - February 11. 1997 GFA 11 $Q7 4n-c') ASSIGNMENT TO CATEGORIES; LEVY ANNUAL TAX CATEGORIES On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the County's secured tax roll, the City Finance Director, or his designee, shall determine whether or not each Parcel within the District is Taxable Property, and whether such Parcel is designated as Zone A or Zone B. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the January 1 preceding such July 1. The City Finance Director, or his designee, shall then determine the Special Tax Liability for the Fiscal Year commencing such July 1, and then shall allocate such liability among the Parcels and levy on each Parcel, as follows: Step 1: Determine the total Land Area of each respective Parcel and for all Parcels in the District. Step 2: Multiply the total Land Area for each respective Parcel by the appropriate maximum special tax for that Zone. Step 3: If the aggregate amount to be levied based on Step 2 above is greater than the aggregate Special Tax Liability for such Fiscal Year, reduce the special tax for each Parcel proportionately, so that the aggregate special tax levy for such Fiscal Year for all Parcels within the District is equal to the aggregate Special Tax Liability for such Fiscal Year. Under no circumstances will the special taxes levied against any Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Parcel or Parcels within the District by more than ten (10) percent, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of the District. ALLOCATION OF SPECIAL TAX BY OWNERSHIP WITHIN A ZONE On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the County's secured tax roll, the City Finance Director, or his designee, shall determine which Parcels in Zone A and Zone B are classified as Developed. For those Parceirtlassified as Developed, the special tax shall be reallocated among all Parcels having the same ownership, such that the aggregate tax levy for such Parcels equals the annual tax rate calculated above for such Parcels, as follows: Step a: Determine the total Building Floor Area for each respective Parcel and for all Parcels with the same ownership. Step b: Calculate the annual building Tax Liability for such Parcels, the same ownership. special tax allocation at eighty percent (80 %) of the Special divided by the total Building Floor Area for all Parcels with &\moorpark \1997- 1\r &ma2.doc B 2 -3rd Draft - February 11. 1997 Step c: Allocate the remaining twenty percent (20 %) of the Special Tax Liability for all Parcels with the same ownership by acreage (said amount to be allocated pro rata for any portion of an acre) of' Land Area within such Parcels. Step d: Calculate the sum of the building special tax allocation and the land special tax allocation for each Developed Parcel with the same ownership, such that the sum shall equal the annual special tax levy for such Parcels. PREPAYMENTS The special taxes may be prepaid and permanently satisfied for any Parcel subject to the levy of the special taxes, when (i) the assessed value of all remaining Parcels in the District equal or exceed the ratio of three and one - half - to-one (3.5 to 1) of all remaining Bonds outstanding following such prepayment, or when (ii) all Parcels of Taxable Property will be prepaid and permanently satisfied. An owner of a Parcel of Taxable Property who desires to prepay and permanently satisfy the special tax obligation for a Parcel shall notify the City Finance Director in writing of his or her intention. The City Finance Director, or his designee, shall calculate and determine the prepayment amount, the value of all remaining Parcels, and such determination shall be final and conclusive. The prepayment amount for a particular Parcel shall be calculated as follows: 1. The prepayment amount is computed by dividing the Land Area for such Parcel by the total land area for all Parcels within the District, and multiplying the results by the principal amount of any outstanding Bonds. 2. The prepayment amount calculated in (1) above for a particular Parcel will be (a) increased in the amount of (i) applicable redemption premium, if any, on the Bonds to be redeemed with such prepayment; (ii) an amount determined by the City Finance Director or his designee to offset any difference between the amount needed to pay debt service on the Bonds and the amount derived from the reinvestment of the prepaid special tax pending the redemption of such Bonds; and (iii) an amount determined by the City Finance Director or his designee to pay for the applicable Administrative Expenses to provide such prepayment; and (b) decreased in the amount of (i) any special taxes heretofore paid in respect of said Parcel, then held by the Fiscal Agent and available for payment on the Bonds, and (ii) any reduction in the amount on deposit in the reserve fund for the Bonds due to the redemption of the Bonds with the proceeds of such prepayment. - ' The Parcel with respect to which prepayment is made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid. a\rnoorpark11997- 1\r &ma2.doc B 3 -3rd Draft - February 11. 1997 DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of' the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City in carrying out its duties with respect to the District or otherwise under the Fiscal Agent Agreement (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, an allocable share of the salaries of the City staff directly related to the administration of the District and the Bonds and a proportionate amount of City general administrative overhead related thereto (as allocated in accordance with City policies and practices), any amount required to pay any rebate liability to the federal government and to pay the costs incurred to calculate any possible rebate liability, fees and expenses incurred to comply with any disclosure obligations with respect to the Bonds and/or the District, and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement, and, in the case of the City, in any way related to administration of the District. Bonds means any and all bonds of the City issued for the District under Mello -Roos Community Facilities Act of 1982, as amended, authorized to be issued under the Resolution of Issuance. Buildktg Floor Area means the square footage of the area included within the surrounding exterior walls of a building, including each floor of multiple story buildings, exclusive of vent shafts and courts (defined herein as open and unobstructed to the sky). The Building Floor Area will be determined by reference to City approved building plans, building permits, certificates of occupancy, or other such documentation as the City Finance Director or his designee shall determine with respect to improvements existing as of May 1 preceding the then current Fiscal Year. City means the City of Moorpark. County means the County of Ventura. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the Bond year which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in a bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year and available to pay such principle and interest. Developed means Parcels classified as such, due to City approved building plans, -bu$tting permits, certificates of occupancy, or other such documentation as the City Finance Director or his designee shall determine. The status of a Parcel shall be determined as of June 1 preceding each Fiscal Year. District means the City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance and relating to any then outstanding Bonds, and as it may be amended and/or supplemented from time to time. &Nmoorpark11997- Br &maldoc B 4 -3rd Draft - February 11, 1997 Fiscal Year means the period starting on July 1 and ending the following June 30. Land Area means the total acreage measurement of a Parcel. Parcel means any County Assessor's parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County, which is Taxable Property. Resolution of Issuance is any Resolution adopted by the City authorizing the issuance of Bonds Services means the maintenance of parks, parkways and open space within or in the vicinity of the District, in addition to those services provided in the territory of the District prior to April 2, 1997 and do not supplant services already available within that territory, including maintenance of landscaping improvements to be financed by the District. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal Year, Administrative Expenses for such Fiscal Year, an amount necessary to replenish any reserve funds for the Bonds, an amount determined by the City Finance Director or his designee to offset past or projected future special tax delinquencies, an amount determined by the Finance Director or his designee as necessary to pay for Services to be rendered in such Fiscal Year, and an amount determined by the City Finance Director or his designee as necessary to make any other payments required to be made in the applicable Fiscal Year by the City or District under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property is all real property within the boundaries of the District, provided however, that property designated as Lot 3 on the attached Map of Zones which is intended to be exempted from the District upon filing of a revised boundary map. Notwithstanding the aforementioned, if any part of a Parcel is Taxable Property, then all of that Parcel shall be designated as Taxable Property. Zone A means the area shown on the attached Map of' Zones, such that Zone A includes all of the area noted as "Lot 1" and "Lot 2 ". The total acreage of Zone A designated as Taxable Property shall not be less than 40 acres. Zone B means the area shown on the attached Map of Zones, such that "Zone B" includes all of the area noted as "Lot 4 ". The total acreage of Zone B designated as Taxable Property -shall not be less than 33 acres. a moorpark11997- 1\r &ma2.doc B 5 -3rd Draft - February 11. 1997 EXHIBIT C NOTICE OF PUBLIC HEARING City of Moorpark Community Facilities District No. 97 -1 (Carlsberg Business Park Public Improvements) Notice is hereby given that on February 19, 1997, the City Council of the City of Moorpark adopted a Resolution 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 ". Pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") the City Council hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this City Council of the City of Moorpark (the "City ") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this City Council has received a petition by the owner of the land within the proposed Carlsberg Business Park development requesting the formation of a community facilities district to finance public facilities and services necessary or incident to such development; and WHEREAS, this City Council now desires to proceed with the establishment of a community facilities district under the Act in order to finance such public facilities and services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. SECTION 2. The name proposed for the community facilities district (the "District ") is City of Moorpark Community Facilities District_ No. 97 -1 (Carlsberg Business Park Public Tmorovements; SECTION 3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in Section 10 below. SECTION 4. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities and services, respectively, on Exhibit A hereto and by this reference incorporated herein (the "Facilities" and the "Services," respectively). The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act; however the District may enter into one or more contracts directly with any of the property owners with respect to the construction and /or operation of the Facilities. The City Manager is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities or provide any of the Services, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The City Council hereby declares that such joint agreements will be beneficial to residents in the area of the District. SECTION 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, Services and /or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non - exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This City Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. SECTION 6. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $10,500,000, shall bear interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. SECTION 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand - delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. SECTION B. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and /or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment. -)f the special taxes for the District. SECTION 9. The Director of Public Works of the City, as the officer having charge and control of the Facilities and Services in and for the District, or his designee, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of providing the Services and the Facilities including the cost of acquisition of lands, rights -of -way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. SECTION 10. Wednesday, April 2, 1997, at 7 :00 p.m., in the City Council Chambers, 799 Moorpark Avenue, Moorpark, California, are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. SECTION 11. The City Clerk notice of said public hearing to time in a newspaper published i The publication of said notice seven days before the date herein. notice shall be substantially in is hereby directed to cause be given by publication one n the area of the District. shall be completed at least set for said hearing. Said the form of Exhibit C hereto. SECTION 12. The City proposes to repay certain landowners within the District, solely from the proceeds of bonds of the City issued for the District, funds advanced by such landowners to pay costs of the City to form the District. B. The exhibits to the Resolution which describe the facilities to be financed and the rate and method of apportionment of the special taxes for the district are on file in the office of the City Clerk of the City. C. The time and place established under said Resolution for the public hearing required under the Act are Wednesday, April 2, 1997, at 7 :00 p.m., in the City Council Chambers, 799 Moorpark Avenue, Moorpark, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one -half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action tc create the district or levy the special taxes for period of one year from the date of decision of the City Council, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of facilities within the district, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. E. The proposed voting procedure shall be by special mail or hand - delivered ballot to the property owners within the territory proposed to be included in the dist ct. BY• Dated: 1997 Lillian Hare, City Clerk MOORPARK 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 Resolution No. 97- 1280 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of FEBRUARY 1997, and that the same was adopted by the following vote: AYES:COUNCILMEMBERS EVANS, PEREZ, TEASLEY, WOZNIAK AND MAYOR HUNTI NOES:NONE ABSENT:NONE ABSTAIN:NONE WITNESS my hand and the official seal of said City this 21st day of FEBRUARY _, 1997. illlan E. are, MC PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember