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HomeMy WebLinkAboutCC RES 13-28RESOLUTION NO. 13 -28 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 WHEREAS, on March 5, 2013, the City Council (the "City Council ") of the City of Tustin (the "City "), pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), adopted a resolution entitled "A Resolution of Intention of the City Council of the City of Tustin, California, to Establish a Community Facilities District" (the "Resolution of Intention "), stating its intention to establish a community facilities district proposed to be named City of Tustin Community Facilities District No. 13 -01 (the "Community Facilities District "), to authorize the levy of special taxes within the Community Facilities District to finance certain public services and setting April 16, 2013, as the date for a public hearing to be held on the formation of the Community Facilities District ( "Formation Hearing "); and WHEREAS, a public hearing was held on April 16, 2013, at which the City Council determined to continue to this date, the Formation Hearing; and WHEREAS, pursuant to the Resolution of Intention and the Act, notice of the Formation Hearing was published in the Tustin News, a newspaper of general circulation published in the area of the Community Facilities District; and WHEREAS, on this date, the City Council opened, conducted and closed the Formation Hearing; and WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing one or more of the proposed types of public services was directed to study, or cause to be studied, the proposed Community Facilities District and, at or before the Formation Hearing, file a report with the City Council containing a brief description of the public services by type which will, in his or her opinion, be required to adequately meet the needs of the Community Facilities District and an estimate of the cost of providing such public services and of the incidental expenses proposed to be paid; and WHEREAS, said report was filed with the City Council and made a part of the record of the Formation Hearing; and WHEREAS, at the Formation Hearing, the testimony of all interested persons and taxpayers for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of public services was heard; and WHEREAS, written protests against the establishment of the Community Resolution No. 13 -28 Page 1 of 4 Facilities District, the furnishing of any specified type of services within the Community Facilities District or the levying of any specified special tax were not made or filed at or before the Formation Hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one - half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the special tax; and WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of the County of Orange indicating that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of the Formation Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct. Section 2. The Community Facilities District is hereby established pursuant to the Act. Section 3. The Community Facilities District is hereby named "City of Tustin Community Facilities District No. 13 -01 ". Section 4. The public services (the "Services ") and administrative expenses ( "Administrative Expenses ") proposed to be financed by the Community Facilities District pursuant to the Act are described, respectively, under the captions "Services" and "Administrative Expenses" on Exhibit "A ", which is attached hereto and incorporated herein by this reference. Section 5. The proposed special tax to be levied within the Community Facilities District has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 6. Except where funds are otherwise available, a special tax sufficient to pay for Services and Administrative Expenses, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities District. The rate and method of apportionment of the special tax (the 'Rate and Method "), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is described in Exhibit "B ", which is attached hereto and incorporated herein by this reference. The special tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners. Section 7. The special tax may not be prepaid. Resolution No. 13 -28 Page 2 of 4 0 Section 8. Under no circumstances shall the special tax to pay for public services levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 %. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 9. The name, address and telephone number of the office which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating further special tax levies pursuant to Section 53340.1 of the Act is as follows: Finance Director, City of Tustin, 300 Centennial Way, Tustin, California 92680, (714) 573 -3061. Section 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Council ceases. Section 11. The boundary map of the Community Facilities District has been recorded in the County of Orange in Book 97 at Page 37 of Maps of Assessments and Community Facilities Districts in the office of the County Recorder of the County of Orange. Section 12. The annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District is hereby established at $4,000,000. Section 13. Pursuant to the provisions of the Act, the levy of the special tax and a proposition to establish the appropriations limit specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each landowner who is the owner of record as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. The voting procedure shall be by mailed or hand - delivered ballot. Section 14. The City Council hereby finds and determines that all proceedings up to and including the adoption of this Resolution were valid and in conformity with the requirements of the Act. In accordance with Section 53325.1 of the Act, this Resolution No. 13 -28 Page 3 of 4 finding shall be final and conclusive. Section 15. 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 necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 16. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED at a regular meeting of the City Council of the City of Tustin held on May 7, 2013. ATTEST: WA '/ C. PARKER, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Jeffrey C. Parker, 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; and that the above and foregoing Resolution No. 13 -28 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of May, 2013 by the following vote: COUNCILMEMBER AYES: Murray, Puckett, Gomez, Bernstein (4) COUNCILMEMBER NOES; None (0) COUNCILMEMBER ABSTAINED: Nielsen (1) COUNCILMEMBER ABSENT None (0) — a C �� JEF PARKER, City I r Resolution No. 13 -28 Page 4 of 4