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Home My WebLink AboutCC AG PKT 2006-02-13 #F c 2 Cl_ v AGENDA REPORT DATE: February 13, 2006 TO: Honorable Mayor and City Council - THRU: June Yotsuya, Assistant City Manager FROM: Lee Whitteriberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1542 — AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) SUMMARY OF REQUEST: .. _ . . _. . Waive further reading and Adopt Ordinance No. 1542, An Ordinance of the City Council of the City of Seal Beach Acting in its Capacity as the Legislative Body of City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Authorizing the Levy of a Special Tax within that District. BACKGROUND: The City Council considered this matter on January 23, 2006 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: • None. Agenda Item c Z: \My Documents \City Council \CFD 2005- 01.Authotizing Tax Adoption.CC Staff Report.doc \LW\01 -30 -06 Adoption of Ordinance No. 1542 — Authorizing Special Tax — Community Facilities District 2005 -01 Pacific Gateway Business Center City Council Staff Report February 13, 2006 ATTACHMENT 1 ORDINANCE NO. 1542, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY . AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) .AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT 3 CFD 2005- OLAuthotizing Tax Adoption.CC Staff Report ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT RECITALS: WHEREAS, the City Council of the City of Seal Beach (the "City Council "), has previously adopted Resolution No. 5415 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of A Special Tax within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Establish District ") stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act ") to finance certain public facilities (the "Facilities) and services (the "Services ") to serve the area of land hereinafter described; and WHEREAS, the City Council has previously adopted Resolution No. 5416 entitled "A Resolution of Intention of the City of Seal Beach to Incur Bonded Indebtedness within Proposed City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Incur Bonded Indebtedness ") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $10,000,000; and WHEREAS, the Resolution of Intention to Establish District and the Resolution of Intention to Incur Bonded Indebtedness set January 23, 2006 as the date of a public hearing on the establishment of the District, extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issue; and WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act; and Z: \My Documents \ORD \CFD 2005 Authorizing Special Tax .doe \LW\01 -27 -06 • Ordinance No. 1542 Authorizing Levy of Special Tax Community Facilities District 2005-01 — Pacific Gateway Business Center February 13, 2006 WHEREAS, on January 23, 2006, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach Declaring the Results of a Special Election in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election ") which certified the results of the January 23, 2006 election conducted by the City Clerk, which results showed that more than two- thirds of the votes cast in the District were in favor of the proposition to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. Recitals. The above recitals are all true and correct. - - 2. - — Authorization -- of Levv of Special - Tax. By passage. of this Ordinance; the City Council authorizes the levy of a special tax within the District at the maximum rates and in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention to Establish District which is on file in the office of the City Clerk and incorporated herein by reference. 3. Annual Rate Determination. • The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor - Controller of the County of Orange, the specific special tax to be levied on each parcel of land in the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate. 4. Exemption of Government Property. Properties or entities of the state, federal, or other local governments shall be exempt from the above - referenced and approved special tax only to the extent set forth in the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Resolution of Formation. 6. Collection. The special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad CFD 2005 -OI Authorizing Special Tax 3 Ordinance No. 1542 Authorizing Levy of Special Tax Community Facilities District 2005 -01 — Pacific Gateway Business Center February 13, 2006 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number 1542 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. • City Clerk • 5 CFD 2005- 01.Authorizing Spccial Tax