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Home My WebLink About91-22 - Levying Special Taxes within the City of Costa Mesa Community Facilities Distr 91-1ORDINANCE NO. 41- I1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF COSTA MESA COMMUNITY FACILI- TIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) . WHEREAS, on July 15, 1991, this City Council adopted Resolution NO - 91 -62 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH CITY OF COSTA MESA OO4MUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-RODS COMMUNITY FACILITIES ACT OF 1982" (the "Resolution of Intention"), to finance certain facilities (the "Facilities"); and WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities; and WHEREAS, this City Council held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; and WHEREAS, at said hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, this City Council adopted the following resolutions: Resolution No. 91-69, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FORMATION OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEIMENTS), AUTHOR- IZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT", (Resolution of Formation); Resolution No. 91-70, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF COSTA MESA COMMUNITY FACILITIES DIS- TRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT", (Resolution to Incur Indebtedness); and Resolution No. 91-71, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING FOR A SPECIAL ELECTION RELATING 1O CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVFME?rS); which resolutions established the District, authorized levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and estab- lishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District, and the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Mello-Roos Ccnwnity Facilities Act of 1982 as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOVS: SECTION 1. By the passage of this ordinance, this City Council hereby authorizes and levies special taxes within the District pursuant to Cali- fornia Government Code Sections 53328 and 53340, at the rate and in accor- dance with the formula set forth in the Resolution of Formation, which resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-92, and in each fiscal year thereafter until payment in full of any bonds of the City issued for the District (the "Bonds") and all costs of administering the District. SECTION 2. The Director of Finance of the City of Costa Mesa, or in her absence, the City Manager of the City, is hereby authorized and directed each fiscal year to deternine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. SECTION 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. SECTION 4. All the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, replen- ishment of the reserve fund for the Bonds, payment Of the costs of the City in administering the District, and costs of collecting and administering the special tax. SECTION 5. The special taxes shall be collected in the manner herein- after directed by this City Council and 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. 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 particu- lar parcel within the District by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. SECTION 7. The Mayor shall sign this ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the area of the District. SECTION 8. This ordinance shall take effect 30 days from the date of final passage. PASSED AND ADOPTED this 3rd day of September, 1991. ATTEST: p 'ty Clerk of the City of Costa sa Mayor o the City of Costa Mesa PROVED AS TO FORM �(lti�,N.,�-� CITY ATTORNEY STATE OF CALIFOR4 A ) COUNTY OF ORANGE ) as CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. qj-Z was introduced and considered section by section at a regular meeting of the City Council held on the 19th day of August, 1991, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 3rd day of September, 1991, by the following roll call vote: ``,,��/I f•, AYES: COUNCIL MEMBERS: �C/�c, fnu+i� 7�R • V W/"+'') NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 9th day of September, 1991. City Clerk and ex -officio Clerk o e City Council of the City of Cos sa