HomeMy WebLinkAboutOrdinance No. 06-O50 •
ORDINANCE NO. 06-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, LEVYING SPECIAL TAXES
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005-
1(ROSEDALE) OF THE CITY OF AZUSA
WHEREAS, on April 17, 2006, the City Council (the "City Council") of the City of
Azusa (the "City") adopted a resolution entitled "Resolution of Intention of the City Council of
the City of Azusa Declaring Intention to Establish Proposed Community Facilities District No.
2005-1 (Rosedale) of the City of Azusa" (the "Resolution of Intention") stating its intention to
establish Community Facilities District No. 2005-1 (Rosedale) (the "District"), including
Improvement Area No. 1 and Improvement Area No. 2 (individually, an "Improvement Area"
and, collectively, the "Improvement Areas") pursuant to Chapter 2.5 of Part 1 of Division 2 of
Title 5, commencing with Section 53311, of the California Government Code (the "Act"), to
finance certain public facilities (the "Facilities") and certain public services (the "Services");
WHEREAS, notice was published as required by the Act relative to the intention of the
City Council to form the District and to provide for the Facilities and Services;
WHEREAS, the City Council has held a noticed public hearing as required by the Act
relative to the detemtination to proceed with the formation of the District and the rate and
method of apportionment of the special tax to be levied within each Improvement Area of the
District to finance the costs of the Facilities and Services;
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the formation of the District and the Improvement Areas and the levy of said special taxes
therein were heard, substantial evidence was presented and considered by the City Council and a
full and fair hearing was held;
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of Azusa, California, Establishing Community
Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of
California, and Improvement Area Nos. I and 2 Thereof' (the "Resolution of Formation") and
"Resolution of the City Council of the City of Azusa, California, Calling a Special Election and
Submitting to the Voters of Community Facilities District No. 2005-1 (Rosedale) and
Improvement Area Nos. 1 and 2 a Proposition with Respect to the Annual Levy of Special Taxes
Within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof, and
a Proposition with Respect to the Establishment of an Appropriations Limit for the Community
Facilities District" which resolutions established the District and the Improvement Areas,
authorized the levy of a special tax within the Improvements Areas of the District, and called an
election within the Improvement Areas of the District on the proposition of incurring
indebtedness, levying a special tax, and establishing an appropriations limit within the respective
Improvement Areas of the District, respectively; and
WHEREAS, an election was held within each Improvement Area of the District in which
the eligible landowner electors approved said propositions by more than the two-thirds vote
required by the Act.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, AS FOLLOWS:
Section 1. By the passage of this Ordinance, the City Council hereby authorizes and
levies special taxes within each Improvement Area therein pursuant to California Government
Code Sections 53328 and 53340, at the respective rates and in accordance with the respective
method of apportionment set forth in Exhibit "C" to the Resolution of Formation (for each
Improvement Area, the "Rate and Method of Apportionment'). Within each Improvement Area,
the special taxes are hereby levied commencing in fiscal year 2006-2007 and, in each fiscal year
thereafter, pursuant to the Rate and Method of Apportionment for such Improvement Area, until
payment in full of any bonds issued by the District for such Improvement Area (the "Bonds"),
payment of all costs of the Facilities to be paid with such funds, and payment of all costs of
administering the District.
Section 2. The City Manager of the City of Azusa 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 each Improvement Area of the District, in the
manner and as provided in the applicable Rate and Method of Apportionment of Special Tax for
such Improvement Area.
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 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 for each Improvement Area, and in the Resolution
of Formation including, but not limited to, the payment of principal and interest on the Bonds of
an Improvement Area, the replenishment of the reserve fund for any such Bonds, the payment of
the costs of the Facilities and Services, the payment of the costs of the City in administering the
District and the costs of collecting and administering the special taxes levied in each
Improvement Area.
Section 5. The special taxes shall be collected from time to time as necessary to meet the
financial obligations of the District on the secured real property tax roll in the same manner as
ordinary ad valorem taxes are collected. The City Manager is hereby authorized and directed to
provide all necessary information to the auditor/tax collector of the County of Los Angeles and
to otherwise take all actions necessary in order to effect proper billing and collection of the
special tax, so that the special tar shall be levied and collected in sufficient amounts and at the
times necessary to satisfy the financial obligations of each Improvement Area of the District in
each fiscal year as provided in the applicable Rate and Method of Apportionment.
Notwithstanding the foregoing, the City Manager may collect one or more installments of
the special taxes by means of direct billing by the City of the property owners within the District,
if, in the judgment of the City Manager, such means of collection will reduce the administrative
burden on the City, or is otherwise appropriate under 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.
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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.
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 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 within the City's boundaries.
I VERA MENDOZA, City Clerk for the City of Azusa, do hereby certifythat the
foregoing Ordinance No. 06-05, was introduced and placed upon its fust reading at a regular
meeting of the City Council on the 5h of June, 2006, , that thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on the 19a' day of June 2006, by the
following vote to wit:
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON .
NOES: COUNCILMEMBERS: NONE
\ #u_: ' =Zr@W_1q
a?rA >< /1 A,
ayorof the City of Azus
ATTEST:
City Clerk of the City of Azusa
(SEAL)
APPROVED AS TO FORM:
City Attorney
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