HomeMy WebLinkAbout2003-06-24; City Council; Resolution 2003-1711
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RESOLUTION NO. 2003-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO.l
OF CARLSBAD, CALIFORNIA, ESTABLISHING THE 2003-04
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
(hereinafter referred to as the "legislative body"), has initiated proceedings, held a public
hearing, conducted an election, and received a favorable vote from the qualified electors relating
to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the
terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community
Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 1
(hereinafter referred to as the "District"); and,
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a special tax to pay
for costs and expenses related to said Community Facilities District, and this legislative body is
desirous to establish the specific rate of the special tax to be collected for the next fiscal year
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. That the specific rate and amount of the special tax to be collected for
fiscal year 2003-04 to pay for the costs and expenses for the referenced District are hereby
determined and established as set forth in the attached, referenced and incorporated Exhibit A.
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SECTlON3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of this legislative body, and is not in excess of that as
previously approved by the qualified electors of the District.
SECTION 4. That the proceeds of the special tax shall be used to pay, in whole or
in part, the costs of the following, in the following order of priority:
A. Payment of principal of and interest on any outstanding authorized bonded
indebtedness;
B. Necessary replenishment of bond reserve funds or other reserve funds;
C. Payment of costs and expenses of authorized public facilities and public
services;
D. Repayment of advances and loans, if appropriate. The proceeds of the
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special taxes shall be used as set forth above, and shall not be used for any other purpose.
SECTION 5. The annual 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
same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax
Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting
any said special tax.
SECTION 6. All monies above collected shall be paid into the Community Facilities
District funds, including any bond fund and reserve fund.
SECTION 7. The Finance Director is hereby directed to calculate the installment of
the annual special tax for each parcel within the District and provide a list of those special taxes
to the Auditor of the County. The Auditor of the County is hereby directed to enter in the next
County assessment roll on which taxes will become due, opposite each lot or parcel of land
affected in a space marked "public improvements, special tax" or by any other suitable
designation, the installment of the special tax.
"' Resolution No. 2003-171, page 2 of 3
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SECTION 8. The County Auditor shall then, at the close of the tax collection period,
promptly render to this Agency a detailed report showing the amount and/or amounts of such
special tax installments, interest, penalties, and percentages so collected and from what
property collected, and also provide a statement of any percentages retained for the expense of
making any such collection.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad
at its regular meeting held on the 24th day of JUNE , 2003, by the following
vote, to wit:
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AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
ClAmDE A. LEWIS, Mayor
ATTEST:
Resolution No. 2003-171, page 3 of 3
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(SEAL)
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