HomeMy WebLinkAboutORD 1315 (2006)
ORDINANCE NO. 1315
AN ORDINANCE OF THE CITY OF TUSTIN LEVYING
SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 06-1 (TUSTIN
lEGACY/COLUMBUS VillAGES)
WHEREAS, on June 5, 2006, 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 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. 06-1 (Tustin legacy/Columbus Villages) (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 17, 2006, 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 17, 2006, the City
Council adopted resolutions 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"), "A
Resolution of the City Council of the City of Tustin Deeming it Necessary to Incur
Bonded Indebtedness within City of Tustin Community Facilities District No. 06-1 (Tustin
legacy/Columbus Villages)" and "A Resolution of the City Council of the City of Tustin
Calling Special Election for City of Tustin Community Facilities District No. 06-1 (Tustin
legacy/Columbus Villages)," 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 17, 2006, 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. 1315
Page 1 of 3
Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes
are hereby levied commencing in fiscal year 2006-07 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 therefore 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 by the City Council of the City of Tustin, at a regular
meeting on the 7th day of August, 2006.
Ordinance No. 1315
Page 2 of 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1315 was
dul~ and regularly introduced at a regular meeting of the Tustin City Council, held on the
171 day of July, 2006 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the yth day of August, 2006 by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Davert. Hagen. Amante. Bone. Kawashima (5)
None (0)
Nonp (0)
None (0)
~~'~f)(~~
PAM A STOKER
CITY CLERK
Ordinance No. 1315
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