HomeMy WebLinkAbout1998-04-14; City Council; Resolution 98-1101,
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RESOLUTION NO. 98-110
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE INTERPRETATIONS MADE BY THE
APPEALS PANEL FOR COMMUNITY FACILITIES
DISTRICT #I
WHEREAS, the State Legislature approved the Mello-Roos
Community Facilities Act of 4982 which allows voters to approve a special
tax to be levied upon their property to fund the construction or acquisition
of facilities or services, and
WHEREAS, the City Council of the City of Carlsbad approved the
formation of Community Facilities District No. 1 (CFD #I) in June 1991 to
provide funding for a variety of infra-structure projects needed to meet
growth management requirements, and
WHEREAS, CFD #I generally provides for the establishment of
two types of special taxes: an annual tax on undeveloped property and a
one-time tax on developed property, and
WHEREAS, the formation documents for CFD #I allows
interpretations to be made by the City by resolution when needed to clarify
any vagueness or ambiguity in the application of the special tax formula.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the following interpretations are made to the “Rates
and Method of the Apportionment of Special Taxes” for Community
Facilities District #I :
a. Second dwelling units as defined by the Carlsbad Municipal
Code fall into the Special Development Tax - one-time land use category
of “RMH (8.01 to 15 DUWAC)” for applying the special taxes under the
Community Facilities District #I,
b. If, at the formation of CFD #I, it was assumed that the
property would be developed as non-taxable and that property was
subsequently purchased by a tax-exempt entity, then it will be exempt
from the levy of CFD #I special taxes. Alternately, if, at the formation of
CFD #I, it was assumed that property would be developed as taxable and
that property is subsequently purchased by a tax-exempt entity, then it will
continue to be subject to all applicable CFD #I special taxes.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 14 day of April I
1998 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall & Finnila
NOES: None
ABSENT: Nygaard
ATTEST: 1 -Y&Yd. 7
ALETHAk.hAkhEN&NZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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