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HomeMy WebLinkAboutCC RES 08-62RESOLUTION NO. 08-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has received a written petition (the "Petition") from Moffett Meadows Partners, LLC, Lennar Homes of California, Inc. and LandSource Holding Company, LLC (collectively, the "Landowners" and individually, each a "Landowner") requesting the institution of proceedings for the annexation of territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District"); WHEREAS, the Landowners have represented and warranted to the City Council that they are the owners of all of the area of land proposed to be annexed to the Community Facilities District (the "Annexed Territory"); WHEREAS, Section 53339.2 of the Mello-Roos Community Facilities Act of 1982 (the "Act") provides that if the landowners request the legislative body to include territory within a district, the legislative body may adopt a resolution of intention to annex the territory; WHEREAS, pursuant to the Act, the City Council is the legislative body of the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. All of the above recitals are true and correct. Section 2. The name of the Community Facilities District is "City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)." Section 3. The City Council proposes to annex the Additional Territory to the Community Facilities District under the terms of the Act. The existing boundaries of the territory of the Community Facilities District are described in the boundary map of the Community Facilities District recorded in the office of the Orange County Recorder in Book 91 at Pages 37-39 of Maps of Assessment and Community Facilities District as Instrument No. 2006000399917. The boundaries of the Additional Territory proposed to be annexed to the Community Facilities District are described in the map showing the proposed Additional Territory ("Annexation Map No. 1 ") on file with the City Clerk of the City (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 sign Annexation Map No. 1 and record, or cause to be recorded, Annexation Map No. 1 with all proper Resolution No. 08-62 Page 1 of 3 endorsements thereon in the office of the Orange County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code. Section 4. The public facilities (the "Facilities") provided pursuant to the Act in the Community Facilities District and proposed to be provided in the Additional Territory are described under the caption "Facilities" on Exhibit A to Resolution No. 06-89 of the City Council entitled "A Resolution of the City Council of the City of Tustin of Formation of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages), Authorizing the Levy of a Special Tax with the District and Establishing an Appropriations Limit for the District," adopted by the City Council on July 17, 2006 (the "Resolution of Formation"), which is by this reference incorporated herein. The services (the "Services") provided in the Community Facilities District pursuant to the Act and proposed to be provided in the Additional Territory are described under the caption "Services" on Exhibit A to the Resolution of Formation. The Facilities will be available to and will benefit landowners within the Community Facilities District and the proposed Additional Territory without preference or priority, and, as such is the case, no specific plan for sharing facilities as contemplated by Section 53339.3 of the Act is necessary. Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all Facilities and Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District and the proposed Additional Territory, will be annually levied within the Community Facilities District and the proposed Additional Territory. The rate and method of apportionment of the special tax (the "Rate and Method"), in sufficient detail to allow each landowner within the Community Facilities District and the proposed Additional Territory to estimate the maximum amount that he or she will have to pay, is described in Exhibit B to the Resolution of Formation, which is by this reference incorporated herein. NQ alteration of the Rate and Method is contemplated by these proceedings. Section 6. The City Council hereby fixes Tuesday, October 7, 2007, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, at 300 Centennial Way, Tustin, California, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the Additional Territory to the Community Facilities District. Section 7. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District and the Additional Territory. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act. Section 8. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem Resolution No. 08-62 Page 2 of 3 necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 9. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Tustin on September 2, 2008. ELA STOKE , City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-62 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of September, 2008, by the following vote: COUNCILMEMBER AYES: Amante_, Davert, Bone, Kawashima, Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKE City Clerk Resolution No. 08-62 Page 3 of 3