HomeMy WebLinkAbout2011-07-12; City Council; Resolution 2011-168Exhibit 1
1 RESOLUTION NO. 2011-168
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING
3 THE FISCAL YEAR 2011-12 SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 14
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
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(hereinafter referred to as the "legislative body"), has initiated proceedings, held a public
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hearing, conducted an election and received a favorable vote from the qualified electors
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relating to the levy of a special tax in a community facilities district, all as authorized
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10 pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
11 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the
12 State of California. This Community Facilities District shall hereinafter be referred to as
13 COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District");
14 and,
15 WHEREAS, this legislative body, by Ordinance as authorized by Section 53340
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of the Government Code of the State of California, has authorized the levy of a special
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tax to pay for costs and expenses related to said Community Facilities District, and this
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legislative body is desirous to establish the specific rate of the special tax to be
2Q collected for the next Fiscal Year 2011-12.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
22 Carlsbad, California, as follows:
23 1. That the above recitations are true and correct.
24 2. That the specific rate and amount of the special tax to be collected
25 for Fiscal Year 2011-12 to pay for the costs and expenses for the
26 referenced District is hereby determined and established as set forth in the
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attached, referenced and incorporated as Attachment A.
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Exhibit 1
1 3. That the rate as set forth above does not exceed the amount as
2 previously authorized by Ordinance of this legislative body, and is not in
3 excess of that as previously approved by the qualified electors of the
4 District.
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4. That the proceeds of the special tax shall be used to pay, in whole or
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in part, the costs of the following, in the following order of priority:
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a. Payment of principal and interest on any outstanding authorized8
g bonded indebtedness;
10 b. Necessary replenishment of bond reserve funds or other reserve
11 funds;
12 c. Payment of costs and expenses of authorized public facilities and
13 public services;
14 d. Repayment of advances and loans, if appropriate. The proceeds of
15 the special taxes shall be used as set forth above, and shall not be
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used for any other purpose.
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5. The annual special tax shall be collected in the same manner as
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ordinary ad valorem property taxes are collected, and shall be subject to thei y
20 same penalties and same procedure and sale in cases of any delinquency
21 for ad valorem taxes, and the Tax Collector is hereby authorized to deduct
22 reasonable administrative costs incurred in collecting any said special tax.
23 6. All monies above collected shall be paid into the Community
O>(Facilities District funds, including any bond fund and reserve fund.
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7. The Finance Director is hereby directed to calculate the installment of
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the annual special tax for each parcel within the District and provide a list of
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those special taxes to the Auditor of the County. The Auditor of the County
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Exhibit 1
1 is hereby directed to enter in the next County assessment roll on which
2 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
4 designation, the installment of the special tax.
5 8. The County Auditor shall then, at the close of the tax collection
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period, promptly render to this Agency a detailed report showing the amount
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and/or amounts of such special tax installments, interest, penalties and
g percentages so collected and from what property collected, and also provide
10 a statement of any percentages retained for the expense of making any
11 such collection.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of July, 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: Council Member Douglas.
ABSENT: None.