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HomeMy WebLinkAboutCC Res 5751 2008-07-14RESOLUTION NUMBER 5751 RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council of the CITY OF SEAL BEACH (the "City"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in the City's Community Facilities District No. 2005-01 (Pacific Gateway Business Center) (the "District"), all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. WHEREAS, the City Council,,:by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs acidexpenses related to said District. WHEREAS, the City Council desires to establish the specific rate of the special tax to be collected for the naxtfiscal year. .:,_. p NOW, THEREFORE, IT IS.-.HEREBY RESOLVED AS FOLLOWS: ~ ~~ ~. .~ ~:iv.. Rr SECTION 1. That the above recitals are all true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2008/2009) for the District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of the City Council, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 5. All monies above collected shall be paid into the District funds. SECTION 6. The Auditor of the County is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. SECTION 8. Special Taxes are to be levied on all non-exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2008/2009 Tax Roll subsequent to the submittal deadline of August 10, 2008 the City Council directs the City of Seal Resolution Number 5751 Beach staff or their agents to bill such parcels directly via U.S. mail using the rates as approved in Exhibit "A". PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 14th day of July , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS ~~C..K1~h` ~~~~ Mayor ATTEST: Cit Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5751 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 14th day of J u I , 2008. r `CityiClerk Exhibit "A" City of Seal Beach CFD No. 2005-01 FY 2008-2009 Tax Levy Assessor's Parcel FY 2008-2009 FY 2008-2009 Tract Number Special Tax A Special Tax B 16375 095-791-01 37,191.28 6,850.64 16375 095-791-02 38,109.58 7,019.78 16375 095-791-03 51,425.00 9,472.50 16375 095-791-04 63,133.36 11,629.20 16375 095-791-05 49,129.22 9, 049.62 16375 095-791-06 36,387.76 6,702.64 16375 095-791-07 36,961.70 6,808.34 16375 095-791-11 106,064.06 19,537.06 16375 095-791-12 62,215.06 11,460.04 16375 095-791-13 35,125.10 6,470.06 Total FY 2008-2009 Special Taxes: $515,742.12 $94,999.88 1 1 1 Total Number of Parcels Taxed: 10 10