HomeMy WebLinkAboutRES CC 1997 1348 1997 0716RESOLUTION NO. 97 -1348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK
DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS
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 form 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 "); and
WHEREAS, on February 19, 1997, this City Council also adopted
Resolution No. 97 -1281 entitled "A Resolution of City Council of
the City of Moorpark of Intention to Incur Bonded Indebtedness of
the Proposed City of Moorpark Community Facilities District No.
97 -1 (Carlsberg Business Park Public Improvements) Pursuant to the
Mello -Roos Community Facilities Act of 1982" (the "Resolution of
Intention to Incur Indebtedness ") stating its intention to incur
bonded indebtedness within the boundaries of the District for the
purpose of financing the costs of certain facilities specified in
the Resolution of Intention; and
WHEREAS, the Resolution of Intention and the Resolution of
Intention to Incur indebtedness called for public hearings to be
held on April 2, 1997, which hearings were, due to the complexity
of the District continued to April 16, 1997, and rescheduled to
July 16, 1997; and
WHEREAS, on this date, this City Council held a noticed public
hearing as required by the Act relative to the determination to
proceed with the formation of the District, the provision of
facilities and services by the District and the rate and method of
apportionment of the special tax to be levied within the District
to pay the costs of the services, the facilities and the principal
and interest on the proposed indebtedness and the administrative
costs of the City relative to the District; and
WHEREAS, at said hearing all persons desiring to be heard on
all matters pertaining to the formation of the District, the
provision of said facilities (the "Facilities ") and services and
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the levy of the special tax on property within the District were
heard and a full and fair hearing was held; and
WHEREAS, at said hearing, the City Council determined to
eliminate the funding of services by the District, to clarify the
Facilities to be financed by the District and to eliminate any
Facilities, other than certain road improvements, to be owned by
other jurisdictions; and
WHEREAS, subsequent to said hearing, this City Council adopted
a resolution 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 "); and
WHEREAS, on this date, this City Council held the rescheduled
public hearing relative to the matters material to the questions
set forth in the Resolution of Intention to Incur Indebtedness; and
WHEREAS, no written protests with respect to the matters
material to the questions set forth in the Resolution of Intention
to Incur Indebtedness have been filed with the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. This City Council deems it necessary to incur
bonded indebtedness in the maximum aggregate principal amount of
$10,500,000 within the boundaries of the District.
SECTION 3. The indebtedness is incurred for the purpose of
financing the costs of the Facilities, as provided in the
Resolution of Intention and the Resolution of Formation including,
but not limited to, the costs of issuing and selling bonds to
finance the Facilities and the costs of the City in establishing
and administering the District.
SECTION 4. The whole of the District shall pay for the bonded
indebtedness through the levy of the special tax. The tax is to be
apportioned in accordance with the formula set forth in Exhibit "B"
to the Resolution of Formation.
SECTION S. The maximum amount of bonded indebtedness to be
incurred is $10,500,000 and the maximum term of the bonds to be
issued shall in no event exceed forty (40) years.
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SECTION 6. The bonds shall bear interest at rate or rates not
to exceed the maximum interest rate permitted by applicable law at
the time of sale of the bonds, payable semiannually or in such
other manner as this City Council or its designee shall determine,
the actual rate or rates and times of payment of such interest to
be determined by this City Council or its designee at the time or
times of sale of said bonds.
SECTION 7. The proposition of incurring the bonded
indebtedness herein authorized shall be submitted to the qualified
electors of the District and shall be consolidated with elections
on the proposition of levying special taxes within the District and
the establishment of an appropriations limit for the District
pursuant to Section 53353.5 of the Act. The time, place and
conditions of said election shall be as specified by separate
resolution of this City Council.
SECTION 8. This Resolution shall take effect upon its
adoption.
PASSED, APPROVED, AND ADOPTED
ATTEST:
Lillian E. Hare, City Clerk
13003.01:J2535
997.
00091,4
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- 1348 was adopted by the City Council of the
City of Moorpark at a meeting held on the 16th day of
JULY 1997, and that the same was adopted by the
following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK AND
MAYOR HUNTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 17th
day of JULY . , 1997.
,
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Lillian E. Hare, CMC
City Clerk
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Mayor Pro Tom Councilmember Councilmember Councilmember