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HomeMy WebLinkAboutCC Res 5887 2009-07-13RESOLUTION NUMBER 5887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 (LAMPSON AVENUE LANDSCAPE) ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2009/2010 WHEREAS, the City Council of the CITY OF SEAL BEACH (hereinafter referred to as the "Agency"), 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 a community facilities 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. This Community Facilities District shall hereinafter be referred to as "the District" and, WHEREAS, this 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 and expenses related to said Community Facilities Districts, and this City Council is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT 1S HEREBY RESOLVED AS FOLLOWS: 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 (2009/2010) for the referenced 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 this 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 this Agency 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 CFD No. 2002-02. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2009/2010 Tax Roll subsequent to the submittal deadline of August 10, 2009, the City Council directs Resolution Number 5887 the City of Seal 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 13th day of July , 2009 by the following vote: AYES: COUNCILMEMBERS (~n~fzj Uyr~ . ~r'1/~i'1~ , NOES: COUNCILMEMBERS T~ ABSENT: / COUNCILMEMBERS ~~ c 1~n,1 ABSTAIN: COUNCILMEMBERS ~/ ~L~'1,P ~~~ Mayor ATTEST: City Jerk 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 5887 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 13th day of July , 2009. ity'Clerk Exhibit "A" Community Facilities District No. 2002-02 Special Tax Rates Fiscal Year 2009/2010 Tax Area SPECIAL TAX RATES A $ 758.01 B $ 99.80 C $ 13,544.38 1 1 1