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HomeMy WebLinkAbout1998-04-14; City Council; Resolution 98-1101, 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. - .. if * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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) -Lil