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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 Page 2 of 3 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 Page 3 of 3