HomeMy WebLinkAboutRES CC 2018 3694 2018 0404 RESOLUTION NO. 2018-3694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK DECLARING INTENTION TO LIMIT AMOUNT
OF SERVICES COMPONENT OF SPECIAL TAX LEVY IN
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(MOORPARK HIGHLANDS)
WHEREAS, the Council has conducted proceedings under and 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,
to form the City of Moorpark Community Facilities District No. 2004-1 (Moorpark
Highlands) (the "CFD"), to authorize the levy of a special tax (the "Special Tax") upon
land within the CFD in an amount sufficient to pay for certain public facilities and
services authorized to be financed by the CFD, which Special Tax is comprised of a
component for the purpose of providing moneys for costs of the construction and
acquisition of certain public facilities (the "Facilities") and the cost of certain services of
benefit to property within the CFD (the "Services"), all according to a Rate and Method
of Apportionment adopted in connection with the formation of the CFD (as amended,
the "Rate and Method"), and to issue bonds secured by said special taxes (the "Bonds")
for the purpose of providing for financing the construction and acquisition of Facilities;
and
WHEREAS, under the Rate and Method, this Council, as the legislative body for
the CFD, is empowered with the authority to annually levy the Special Tax, and has to
date been levying the Special Tax, in an amount sufficient to pay for the Facilities and
Services, which Special Tax is comprised of a Special Tax for Facilities, as defined in
the Rate and Method (the "Special Tax for Facilities") and a Special Tax for Services,
as defined in the Rate and Method (the "Special Tax for Services"); and
WHEREAS, notwithstanding the amount of the Special Tax for Services
authorized to be annually levied under the Rate and Method, this Council desires to
limit the amount of the Special Tax for Services beginning with the levy of the Special
Tax for Services for fiscal year 2018-19, and for each year thereafter, provided that all
or any part of the Special Tax for Services in any year is not needed for payment on
any Bonds issued for the CFD; and
WHEREAS, the Council desires to set forth in this Resolution a declaration of its
intent, and to direct staff of the City, to cause the levy of the Special Tax for Services to
be hereafter levied in accordance herewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Council hereby finds and determines that the CFD has been
validly formed and the City is authorized to levy, on behalf of the CFD, the Special Tax
for Services in an amount which does not exceed the maximum set forth in the Rate
and Method.
Resolution No. 2018-3694
Page 2
SECTION 2. Notwithstanding the maximum amount of the Special Tax for
Services authorized by the Rate and Method, except as provided in Section 3 below,
the levy of the Special Tax for Services beginning in fiscal year 2018-19 and each year
thereafter shall be as follows:
Fiscal Year Special Tax for Services
2018-19 $450.00
2019-20 $350.00
2020-21 $250.00
2021-22 and thereafter $ 0.00
SECTION 3. The Council acknowledges that the Special Tax for Services is a
portion of the security for Bonds of the CFD. Accordingly, notwithstanding the Special
Tax for Services amounts set forth in Section 2 and the intention to reduce the levy of
such tax as stated herein, the Special Tax for Services shall be levied in the full amount
authorized by the Rate and Method in any year that all or any part of the Special Tax for
Services is needed to pay debt service on Bonds of the CFD or is needed at any time to
replenish any reserve fund established to pay debt service on Bonds of the CFD. In
connection therewith, the authorized maximum amount of the Special Tax for Services
shall be unchanged and shall continue to be computed as subject to adjustment on
each July 1 as set forth in the Rate and Method as if no reduction set forth in Section 2
hereof had been applicable.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of April, 2018.
Ja ice S. Parvin, Mayor
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Maureen Benson, City Clerk
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Resolution No. 2018-3694
Page 3
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 Resolution No. 2018-3694 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th
day of April, 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 18th day of April, 2018.
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Maureen Benson, City Clerk
(seal)
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