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HomeMy WebLinkAboutOrdinances_2971ORDINANCE NO. 2971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS LEVYING SPECIAL TAXES WITHIN CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1 (NORTHWEST DEVELOPMENT PROJECT) AND COMMUNITY FACILITIES DISTRICT NO. 2003-1 (REDLANDS BUSINESS CENTER) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has formed City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project) (the "Community Facilities District"), under and pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"); and WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the "Special Taxes") to pay for the costs of certain facilities and to authorize the issuance of bonds secured by the Special Taxes under the Act; and WHEREAS, the City Council, pursuant to Ordinance No. 2471, adopted by the City Council of the City on June 5, 2001, authorized and levied the Special Taxes within the Community Facilities District; and WHEREAS, the City Council, pursuant to Ordinance No. 2569, adopted by the City Council of the City on January 20, 2004, authorized and levied the Special Taxes within the Community Facilities District; and WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the loth day of August of that tax year; and WHEREAS, on June 19, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Authorizing the Issuance of not to Exceed $10,000,000 Aggregate Principal Amount of City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001, Approving the Execution and Delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto" (the "Original Bond Resolution"), authorizing the issuance of City of Redlands Community Facilities District No. 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001 (the "Bonds"), in an aggregate principal amount of not to exceed $10,000,000; WHEREAS, on July 17, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Modifying Resolution No. 5911 of the City Council of the City of Redlands," ratifying and affirming the City Council's authorization under the 1 I:\Ordinances\Nos 2900-2999 in Word\2971 Levying Special Taxes CFD 2001-1 and 2003-1 for FY 2024-25-Adoption.docx-ins Original Bond Resolution for the issuance of the Bonds, subject to certain modifications to the terms thereof; WHEREAS, on February 3, 2004, the City Council adopted a resolution entitled "A Resolution of the City Council. of the City of Redlands Authorizing the Issuance of not to Exceed $9,600,000 Aggregate Principal Amount of City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center) Special Tax Bonds, Series 2004, Approving the Execution and Delivery of an Indenture, a Bond Purchase Contract and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto" authorizing the issuance of City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center) Special Tax Bonds, Series 2004 (the "Bonds"), in an aggregate principal amount of not to exceed $9,600,000; WHEREAS, the City Council desires to levy the Special Taxes within the Community Facilities Districts 2001-1 and 2003-1 for Fiscal Year 2024-25; THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby levies the Special Taxes for the Fiscal Year 2024- 25 at the maximum rates and with respect to the parcels as set forth in Exhibit A hereto; provided, however, that the City Manager or the Finance Director of the City is hereby authorized, prior to the submission to the San Bernardino County Auditor/Controller and upon consultation with the City's special tax consultant, David Taussig & Associates, Inc., (a) to make any necessary modifications to such Special Taxes to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed (provided that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels), or (b) to lower such Special Tax rates to the extent such officer deems necessary upon receipt of the final pricing information, and debt service requirements with respect to, the Bonds. The City Clerk of the City is hereby authorized and directed to file with the San Bernardino County Auditor/Controller no later than August 10, 2024, a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2024-25. Section 3. The City Council hereby levies the Special Taxes for the Fiscal Year 2024- 25 at the maximum rates and with respect to the parcels as set forth in Exhibit B hereto; provided, however, that the City Manager or the Finance Director of the City is hereby authorized, prior to the submission to the San Bernardino County Auditor/Controller and upon consultation with the City's special tax consultant, David Taussig & Associates, Inc., (a) to make any necessary modifications to such Special Taxes to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed (provided that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels), or (b) to lower such Special Tax rates to the extent such officer deems necessary upon receipt of the final pricing information, and debt service requirements with respect to, the Bonds. The City Clerk of the City is hereby authorized and directed to file with the San Bernardino County Auditor/Controller no later than 2 August 10, 2024 a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2024-25. Section 4. The officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2024-25 as provided in this Resolution. Section 5. All actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2024-25 are hereby approved, confirmed and ratified. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. ATTEST: e Donaldson, City Clerk 3 Eddie Tejeda, Mayor I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 18th day of June, 2024, by the following vote: AYES: Councilmembers Barich, Davis, GuLinan-Lowery; Mayor Tejeda NOES: None ABSENT: Councilmember Sauce ABSTAINED: None 4 e Donaldson, City Clerk Exhibit 'A' City of Redlands CFD No. 2001-1 FY 2023-2024 Special Tax Roll Assessor's Parcel Number 0167-551-08 0167-551-09 0167-571-05 0167-641-05 0167-641-06 0167-641-07 0167-671-03 0167-681-07 0167-681-09 FY 2023-2024 Special Tax $112,743.54 $98,124.22 $184,293.85 $48,738.19 $46,968.83 $74,593.96 $49,810.80 $69,674.00 $79,422.25 Total FY 2023-2024 Special Tax Levy $764,369.64 Total Number of Parcels Taxed 9 Page 1 of 1 Exhibit 'B' City of Redlands CFD No. 2003-1 FY 2023-2024 Special Tax Levy Assessor's Parcel Number FY 2023-2024 Special Tax Zone 1 0167-441-07 $13,744.80 0167-481-16 $86,402.76 0167-501-11 $126,265.48 0167-511-24 $5,913.04 0167-511-25 $5,671.69 0167-511-26 $30,409.91 0167-511-27 $8,366.75 0167-511-28 $7,522.03 0167-511-29 $189,498.79 0167-541-09 $134,873.58 Subtotal $608,668.83 Zone 2 0167-511-09 $191,469.80 Subtotal $191,469.80 Total FY 2023-2024 Special Tax Levy $800,138.63 Total Number of Parcels Taxed 11 Page 1 of 1