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HomeMy WebLinkAboutORD 1359 (2008)ORDINANCE NO. 1359 AN ORDINANCE OF THE CITY OF TUSTIN LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) AND AMENDING AND RESTATING ORDINANCE NO. 1315 WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Original Community Facilities District"), to authorize the levy of special taxes upon the land within the Original Community Facilities District and to issue bonds secured by the special taxes, the proceeds of which are to be used to finance certain public facilities and services (the "Facilities"); WHEREAS, the City Council, pursuant to Sections 53328 and 53340 of the Act, in Ordinance No. 1315, adopted on August 7, 2006 ("Ordinance 1315"), authorized and levied the special taxes upon the land within the Original Community Facilities District at the rate and in accordance with the method of apportionment (the "Rate and Method of Apportionment") set forth in Exhibit B 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 within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), adopted on July 17, 2006; WHEREAS, on September 2, 2008, the City Council adopted a resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory"), proposing the annexation of certain additional territory described in the Resolution of Intention to Annex Territory (the "Additional Territory) to the Original Community Facilities District; WHEREAS, on this date, the City Council held a noticed public hearing on the proposed annexation of the Additional Territory to the Original Community Facilities District, as required by the Act and the Resolution of Intention to Annex Territory; WHEREAS, the proposed annexation of the Additional Territory to the Original Community Facilities District was not precluded by a majority protest pursuant to Section 53339.6 of the Act; WHEREAS, on October 7, 2008, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Ordinance No. 1359 Page 1 of 3 Legacy/Columbus Villages)" (the "Resolution Calling Election"), calling for a special election of the qualified electors within the Additional Territory; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on October 7, 2008, and said qualified electors approved said proposition by more than the two-thirds vote required by the Act; and WHEREAS, pursuant to said proceedings, the Additional Territory was annexed to and made a part of the Original Community Facilities District (as so annexed, the "Community Facilities District") and the City Council is authorized to levy any special tax within the Additional Territory as specified in the Resolution of Intention to Annex Territory; THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: Section 1. By the passage of this Ordinance, the City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to Sections 53328, 53339.8 and 53340 of the Act, at the rate and in accordance with the Rate and Method of Apportionment. The special taxes are hereby levied commencing in fiscal year 2008-09 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method of Apportionment. Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment. Section 3. The special tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment. Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and incidental expenses pursuant to the Act. Section 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council. Section 6. This Ordinance amends and restates in its entirety Ordinance No. 1315, adopted by the City Council on August 7, 2006. Ordinance No. 1359 Page 2 of 3 Section 7. 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 Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the Community Facilities District shall not be affected. Section 8. This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Tustin News, a newspaper of general circulation, printed and published in the City of Tustin, State of California, together with the names of the City Council members voting for and against the same. PASSED and ADOPTED this 21St day of October, 2008. P ELA STOK City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on October 7, 2008, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on October 21, 2008, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Amante. Davert. Bone. Kawashima. Palmer (5) None (0) Nnn e ~ fl ) None (0) P MELA STOKE City Clerk Ordinance No. 1359 Page 3 of 3