HomeMy WebLinkAboutORD 1286 (2004)
ORDINANCE NO. 1286
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 04-1 (TUSTIN
LEGACY/JOHN LAING HOMES)
WHEREAS, on June 7, 2004, the City Council (the "City Council") of the City of
Tustin, 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. 04-1 (Tustin Legacy/John Laing Homes) (the "Community
Facilities District") and to finance certain public facilities (the "Facilities") and services
(the "Services") and setting the date for a public hearing to be held on the
establishment of the Community Facilities District;
WHEREAS, on July 19, 2004, the City Council held a noticed public hearing on
the establishment of the Community Facilities District, as required by the Act;
WHEREAS, subsequent to the close of said hearing, on July 19, 2004, 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. 04-1
(Tustin Legacy/John Laing Homes), Authorizing the Levy of a Special Tax within the
District and Establishing an Appropriations Limit for the District" (the "Resolution of
Formation"), "A Resolution of the City Council of the City of Tustin, California, Deeming
it Necessary to Incur Bonded Indebtedness within City of Tustin Community Facilities
District No. 04-1 (Tustin Legacy/John Laing Homes)" and "A Resolution of the City
Council of the City of Tustin, California, Calling Special Election for City of Tustin
Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes)," which
resolutions established the Community Facilities District, authorized the levy of a
special tax within the Community Facilities District and called an election within the
Community Facilities District on the proposition of incurring indebtedness, levying a
special tax within the Community Facilities District and establishing an appropriations
limit for the Community Facilities District, respectively; and
WHEREAS, on July 19, 2004, 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
Ordinance No. 1286
Page 1 of 3
Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes
are hereby levied commencing in fiscal year 2004-05 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 Services 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. 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 2nd day of August 2004, by the City Council of the
City of Tustin, California.
S[~~
TONY KAW HIMA
Mayor
Ordinance No. 1286
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ATTEST:
~~
MELA STOKER
City Clerk
APPROVED AS TO FORM:
-~~
LOIS JEFF,
City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
)SS
)
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 July 19, 2004, 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 August 2, 2004, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS (5)
NONE (0)
NONE (0)
NONE (0)
~cí1~
P MELA STOKER,
City Clerk
Ordinance No. 1286
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