HomeMy WebLinkAboutOrdinance No. 2023-06ORDINANCE NO. 2023-06
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 1,
INTO IMPROVEMENT AREA NO. 3 OF THE COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (ROSEDALE)
WHEREAS, the City Council (the “City Council”) of the City of Azusa (the “City”) has
established Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of
Los Angeles, State of California (the “District”) and designated Improvement Area No. 1 and
Improvement Area No. 2 therein for the purpose of levying, among other things, special taxes on
parcels of taxable property therein for the purpose of providing certain services, which are
necessary to meet increased demands placed upon the City as a result of the development of said
real property; and
WHEREAS the City has conducted proceedings to designate Improvement Area No. 3 of
the District (“Improvement Area No. 3”) and to annex territory into Improvement Area No. 3 of
the District; and
WHEREAS, following an election of the qualified electors in the territory proposed for
annexation (the “Annexation Territory”) into Improvement Area No. 3, the City Council, on
November 6, 2023, adopted a Resolution which declared the results of the special election and
determined that the territory proposed to be armexed is added to and part of Improvement Area
No. 3 of the District; and
WHEREAS, the rate and method of apportionment of special tax for Improvement Area
No. 3 of the District (the “Rate and Method”) is set forth in Exhibit “B” to the City Council
Resolution No. 2023-C55, which was adopted on September 18, 2023 (the “Resolution”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are tme and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within Improvement Area No. 3 of the District pursuant to Article 3.5
(commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the
“Act”), at the rate and in accordance with the Rate and Method, which Rate and Method is by this
reference incorporated herein. The special tax for Improvement Area No. 3 is hereby levied
commencing in Fiscal Year 2024-25, and in each fiscal year thereafter to pay for the services for
the District and the costs of administering the District.
SECTION 3. The City Manager of the City or designee or employee or consultant of the
City is hereby authorized and directed each fiscal year to determine the specific special tax to be
levied for the next ensuing fiscal year for each parcel of real property within Improvement Area
No. 3 of the District in the manner and as provided in the Rate and Method.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Rate
and Method and the applicable provisions of the Act. In no event shall the special tax be levied
on any parcel within Improvement Area No. 3 of the District in excess of the maximum special
lax specified in the Rate and Method.
SECTION 5. All of the collections of the special tax shall be used as provided in the Act
and in the Resolution, including, but not limited to, the payment of the costs of the services, the
payment of the costs of the City in administering the District, and the costs of collecting and
administering the special tax.
SECTION 6. The special tax shall be collected in the same manner and at the same time
as ordinary ad valorem taxes are collected 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; provided, however, that the District may collect Special Taxes at a different time
or in a different manner if necessary to meet its financial obligations. The City Manager of the
City, or his or her designee, is hereby authorized and directed to provide all necessary information
to the auditor/tax collector of the County of Los Angeles in order to effect proper billing and
collection of the special tax for Improvement Area No. 3, so that the special tax shall be included
on the secured property tax roll of theCountyof Los Angeles for Fiscal Year 2024-25 and for each
fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated
by the City.
SECTION 7, If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax for Improvement Area No. 3 is found inapplicable to any particular parcel within
Improvement Area No. 3 of 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 Improvement Area
No. 3 of the District shall not be affected.
SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it,
to be published in a newspaper of general circulation in the City.
PASSED, APPROVED and ADOPTED this 20'^ day of November, 2023.
C
Robert' Gonzalet
Mayor
ATTEST:
Cornejo.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No.2023-06 was duly introduced and
placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on
the 6th day of November 2023, and that thereafter, said ordinance was duly adopted and passed at
a regular meeting on the 20'^ day of November, 2023, by the following vote of the Council:
AYES:
NOES:
ABSENT: COUNCILMEMBERS
COUNCILMEMBERS: GONZALES, BECKWITH, ALVAREZ, AVILA, MENDEZ
COUNCILMEMBERS:
City Clerk
ce Cornejo, J
APPROVED AS TO FORM:
^ A-.I
Best, Best & Krieger, LLP
City Attorney