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HomeMy WebLinkAboutOrdinances_2569_CCv0001.pdf F ORDINANCE NO. 2569 AN ORDINANCE OF THE CITY OF REDLANDS LEIV1'ING SPECIAL TAXES WITHIN THE CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2003-1 (REDLANDS BUSINESS CENTER) WHEREAS, on November 4, 2003, the City Council (the "City Council") of the City of Redlands (the "City") adopted a resolution entitled "A Resolution of the City Council of the City of Redlands of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stating its intention to establish the City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center) (the "Community Facilities District"), pursuant to the Mello-Roos Community Facilities Act of 1382 (the "Act"), for the purposes set forth in said resolution; WHEREAS, the City Council has held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; WHEREAS, subsequent to the hearing, the City Council adopted resolutions entitled "A Resolution of the City Council of the City of Redlands of Formation of the City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the City of Redlands Deeming it Necessary to Incur Bonded Indebtedness within the City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center)" and "A Resolution of the City Council of the City of Redlands Calling Special Election for the City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center)", which resolutions established the Community Facilities District, authorized the levy of a special tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively; and WHEREAS, an election was held in which the qualified electors of the Community Facilities District approved said propositions by more than the two-thirds vote required by the Act; THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. By the passage of this Ordinance, the City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment of the special tax incorporated by reference into the Resolution of Formation and on file with the City Clerk (the "Rate and Method of Apportionment"). The special taxes are hereby levied commencing DOCSLA];428393.4 in fiscal year 2004-05 and in each fiscal year thereafter until the earlier of (a) the date on which there are no bonds of the Community Facilities District (the "Bonds") outstanding, or (b) the fiscal year ending June 30, 2055. Section 2. The City Clerk of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the Community Facilities District, in the manner and as provided in the Rate and Method of Apportionment. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the Community Facilities District in excess of the maximum tax specified in the Rate and Method of Apportionment. Section 4. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment and the Resolution of Formation including, but not limited to, the payment of principal of and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of administering the Community Facilities District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the Community Facilities District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the Treasurer and Tax Collector of San Bernardino County and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the Community Facilities District in each fiscal year. Notwithstanding the foregoing, the Finance Director of the City may collect one or more installments of the special taxes by means of direct billing by the Community Facilities District of the property owners within the Community Facilities District if, in the judgment of the Finance Director, such means of collection will reduce the burden of administering the Community Facilities District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application DOCSLA 1:428393.4 '2 f 1 • the special tax to the remaining parcels within the Community Facilities District shall not be affected. Section 7. This Ordinance shall be signed by the Mayor of the City and attested by the City Clerk of the City. Within 15 days after its passage, the City Clerk shall cause this Ordinance to be published at least once, with the names of those City Council members toting for and al?ainst this Ordinance, in a newspaper of general circulation printed and published in San Bernardino County and circulated in the Community Facilities District. Section S. This Ordinance shall take effect 30 days after its final passage. APPROVED and ADOPTED by the City Council of the City of Redlands on the 20"' day of January, 2004. _r ayor of the City of Redlands ATTEST: Coy Clerk of Cit /4Redlands DOCSLA 1:42.8393.4 3 f CITY CLERK'S CERTIFICATE I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing is a full, true and correct copy of the actual Ordinance introduced at a regular meeting of the City Council of said City duly and regularly held on January 6, 2004, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present, and was finally passed and adopted not less than five (5) days thereafter on the 20`h day of January, 2004, by the following vote: AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None Ck y Clerk o ity of Redlands I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: January 20, 2004 Ci Clerk of 600ty of Redlands DOCSLA1:428393.4