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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 ATTEST: K 4111111111111"1 4gto 11441,4114,15-3 41.411r. g"44 Maureen Benson, City Clerk Ver, 04 -4 47WD JO' 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. '/f Maureen Benson, City Clerk (seal) c,,,1::;:iirt..-.1 Pirv, /4.5; drett• 111.4444 rzalp.-47. 44 v.1filipr 4re0 3