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HomeMy WebLinkAboutORD 462 2018 0307 ORDINANCE NO. 462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK LEVYING SPECIAL TAXES WITHIN CITY OF MOORPARK COMMUNITY FACILITIES DISTRICT NO. 2018-1 (PACIFIC ARROYO) WHEREAS, on January 17, 2018, this City Council (the "Council") of the City of Moorpark (the "City"), adopted a resolution stating its intention to establish "City of Moorpark Community Facilities District No. 2018-1 (Pacific Arroyo)" (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the "Act"), to finance the acquisition and construction of certain facilities; and WHEREAS, notice was published as required by the Act relative to the intention of the Council to form the CFD, to provide for certain facilities and to incur bonded indebtedness for the CFD in an amount not to exceed $25,000,000; and WHEREAS, the Council has held noticed public hearings as required by the Act relative to (i) the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to finance a portion of the costs of the facilities and (ii) the issuance of not to exceed $25,000,000 of bonded indebtedness for the CFD; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, the Council adopted resolutions entitled "A Resolution of Formation of the City Council of the City of Moorpark to Form Community Facilities District No. 2018-1 (Pacific Arroyo)" (the "Resolution of Formation"), "A Resolution Determining Necessity to Incur Bonded Indebtedness for the City of Moorpark Community Facilities District No. 2018-1 (Pacific Arroyo)" (the "Resolution Determining Necessity") and "A Resolution of the City Council of the City of Moorpark Calling Special Election Regarding Community Facilities District No. 2018-1 (Pacific Arroyo)", which resolutions defined the public facilities to be financed by the CFD (the "Facilities"), established the CFD, authorized the levy of a special tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and WHEREAS, on February 21, 2018 a special election was held within the CFD at which the eligible landowner-electors approved such propositions by the two-thirds (2/3) vote required by the Act. Ordinance No. 462 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOORPARK AS FOLLOWS: SECTION 1. By the passage of this Ordinance the Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula (the "Rate and Method") set forth in the Resolution of Formation, which Resolution of Formation is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2018-19 and in each fiscal year thereafter until payment in full of any bonds issued by the City for the CFD (the "Bonds") or such longer period provided in the Rate and Method, as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of administering the CFD. 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 CFD, in the manner and as provided in the Resolution of Formation. SECTION 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes in accordance with the Act and the Rate and Method. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Rate and Method. SECTION 4. All of the collections of the special tax shall be used as provided for in the Act 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 CFD, and the costs of collecting and administering the special tax. SECTION 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and 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; provided, however, that the Council or its designee may provide for other appropriate methods of collection. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Ventura in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Ventura for fiscal year 2018-2019 and for each fiscal year thereafter until the Bonds are paid in full or such longer period of time provided in the Rate and Method. Ordinance No. 462 Page 3 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 CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected. SECTION 7. The City Clerk is hereby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting. SECTION 8. This ordinance shall be effective at the expiration of thirty (30) days from the date of adoption. PASSED AND ADOPTED this 7th day of March, 2018 Jan.ce S. Parvin, Mayor ATTEST: • • Maureen Benson, City Clerk a Ordinance No. 462 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 462 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of March, 2018 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of April, 2018. Maureen Benson, City Clerk (seal)