HomeMy WebLinkAbout2004-04-20; City Council; Resolution 2004-1271
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RESOLUTION NO. 2004-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, SUSTAINING THE
INTERPRETATIONS MADE BY THE APPEALS PANEL
FOR COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, in 1982, the State Legislature approved the Mello-Roos Community
Facilities Act of 1982 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 No. 1) in June 1991 to provide funding for a
variety of infra-structure projects needed to meet growth management requirements;
and
WHEREAS, CFD No. 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 No. 1 created an Appeals Panel of
three members to clarify any vagueness or ambiguity in the application of the special
tax formula. The Appeals Panel members are the Administrative Services Director, the
Community Development Director and the Finance Director; and
WHEREAS, on January 14,2002, the Appeals Panel met and recommended
approval of the appeal to reclassify the Karl Strauss Brewery to a “quality” restaurant for
the purpose of applying the Annual Special Tax - Developed Property.
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.
2. That the recommendation of the Appeals panel to reclassify the Karl Strauss
Brewery to a “quality” restaurant for the purpose of applying the Annual Special
Tax - Developed Property is sustained.
3. That a refund of $20,462.32 representing the overpayment of Special Taxes as
determined by the Special Tax Administrator is authorized.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held On the 20th day Of ADril , 2004 by the following vote, to
wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
Q-nA!LS&-U
ORRAINE M. WOOD, City Clerk
(SEAL)
Pg 2 of Resolution 2004-127