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HomeMy WebLinkAbout09 2ND READING/ADOPTION OF ORDINANCE NO. 1431-CFD 13-01Agenda Item 9 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: MAY 21, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA RABE, CITY CLERK SERVICES SUPERVISOR SUBJECT: SECOND READING AND ADOPTION • ORDINANCE NO. 1431 LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES D1STRiCT NO, 13-01 SUMMARY: The City continues to develop the former Marine Corps Air Station known as Tustin Legacy. To provide adequate funds to provide services to the soon to be developed areas of Tustin Legacy, staff requested City Council at the March 5, 2013 meeting to approve a resolution establishing a Community Facilities District No. 13-01 (CFD 13-01) and authorizes the levy of special taxes and accept the Petition to create CFD 13-01. 10 Have second reading by title only and adoption of Ordinance No. 1431 (roll call vote). FISCAL IMPACT: None 1 .0 AUG I On May 7, 2013, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO 1431 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13- 01 ORDINANCE NO. 1431 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 WHEREAS, on March 5, 2013, the City Council of the City of Tustin (the "City Council "), pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "), adopted a resolution entitled "A Resolution of the City Council of the City of Tustin, California of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stating its intention to establish City of Tustin Community Facilities District No. 13 -01 (the "Community Facilities District ") and to finance certain public services (the "Services ") and administrative expenses ( "Administrative Expenses ") and setting the date for a public hearing to be held on the establishment of the Community Facilities District; and WHEREAS, on April 16, 2013, the City Council held a public hearing and determined to continue the public hearing to May 7, 2013; and WHEREAS, on May 7, 2013, the City Council held a noticed public hearing on the establishment of the Community Facilities District as required by the Act; and WHEREAS, subsequent to the close of said hearing, on May 7, 2013, the City Council adopted resolutions entitled "A Resolution of the City Council of the City of Tustin, California, of Formation of City of Tustin Community Facilities District No. 13- 01, Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation "); and "A Resolution of the City Council of the City of Tustin, California, Calling Special Election for City of Tustin Community Facilities District No. 13 -01" (the "Resolution Calling Election "), which resolutions established the Community Facilities District, authorized the levy of a special tax within the Community Facilities District, established an appropriations limit for the Community Facilities District and called for an election of same; and WHEREAS, subsequent to the close of said hearing and adoption of the Resolution of Formation and Resolution Calling Election on May 7, 2013, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two- thirds vote required by the Act. THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit "A" to the Resolution of Formation (the "Rate and Method of Apportionment "). The special taxes are hereby levied commencing in fiscal year 2013 -14 and in each fiscal year thereafter. Ordinance No. 1431 Page 1 of 4 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 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 Services and Administrative 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. 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 7. 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 May, 2013, by the City Council of the City of Tustin, California. ELWYN A. MURRAY, Mayor ATTEST: JEFFREY C. PARKER, City Clerk Ordinance No. 1431 Page 2 of 4 APPROVED AS TO FORM: City Attorney ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1431 ) ss. I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does 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 Ordinance No. 1431 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of May, 2013, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on 21st day of May, 2013, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: JEFFREY C. PARKER, City Clerk Ordinance No. 1431 Page 3 of 4 CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Jeffrey C. Parker, 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 May 7, 2013, 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 May 21, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Ordinance appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated May 21, 2013 Jeffrey C. Parker, City Clerk Ordinance No. 1431 Page 4 of 4