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HomeMy WebLinkAboutResolution 2001-128 N.C.S. 07/23/2001~eSOlUt1OI1 ~O. 20'01-128~,C,~j. of the City of Petaluma, California RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT N0.2001-1 (ADOBE CREEK WEIR AND DIVERSION CHANNEL) RESOLVED, by the City Council (the "Council") of the City of Petaluma (the "City"), County of Sonoma, State of California that: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Council is authorized to establish a community facilities district and to act as the legislative body for a Community Facilities district; and WHEREAS, this Council now desires to proceed with the establishment of a community facilities district in order to finance costs of improvements to the flood control facilities of the City's Adobe Creek weir and diversion channel. NOW, THEREFORE, IT IS ORDERED as follows: 1. Authority. This Council proposes to conduct proceedings to establish a Community Facilities district pursuant to the Act. 2. Name of CFD. The name proposed for the community facilities district is City of Petaluma, Community Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) (the "CFD") 2001-128 Page 1 of 4 Resolution No. N.C.S. 3. Boundaries Described. The proposed boundaries of the CFD are as shown on the map of it on file with the City Clerk of the City, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the Sonoma County Recorder within fifteen (15) days of the date of adoption of this Resolution, but in any event at least fifteen (15) days prior to the public hearing specified below. 4. Services. The type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those listed on Exhibit A hereto and hereby incorporated herein (the "Services "). The Council, on behalf of CFD, may enter into one or more contracts directly with any of the property owners with respect to the provision of the any portion of the Services. 5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the "Special Tax") sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein. 6. Exempt Property. Except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands. owned by any public entity, including the United States, the State of California, the County of Sonoma or the City or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. 7. Election. The levy of the Special Tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by 2 Reso. 2001-128 NCS Page 2 of 4 ballots submitted by the landowners of the proposed CFD at an election held for such purpose, with each landowner having one vote for each acre of land or portion thereof such owner owns within the proposed CFD. 8. CFD Report. The Community Development Director, as the officer having charge and control of the Services in and for the CFD, or the designee of such officer, is hereby directed to study the proposed Services and to make, or cause to be made, with the assistance of the City's consultants, and file with the City Clerk of the Council a report in writing, (the "CFD Report"), which CFD Report shall be made a part of the record of the public hearing specified below, presenting the following.: (a) A description of the Services by type which will be required to adequately meet the needs of the CFD. (b) An estimate of the fair and reasonable cost of the Services including all ancillary services required in conjunction therewith and incidental expenses in connection therewith. 9. Public Hearing. August 9, 2001, at 5:30 p.m., or as soon as possible thereafter, in the City Council Chambers, City Hall, 11 English Street, Petaluma, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax. 11. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least ten (10) days before the date of the public hearing 3 2001-12$ NCS Page 3 of 4 specified above. The notice shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: ~ hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Reglil3i~ K~{l~l~~xc~ (Special) meeting for on the ...2~~d........... day of .....TtY1.jr ........................................ 2011.., by the following vote: ......... .......................... City Attorney AvES:O'Brien, Healy, Torliatt, Maguire, Moynihan, Mayor Thompson IvoES: None AssENT: Vice Mayor Cader-Thompson -- ATTEST: ....... .. ........... ............................................... ........ ... ....... ................................................... City Clerk SYt~"PX'I -'-'1 Mayor c°°""' F~t~.00.1.._~~~~~"~~~NCS Pape 4 of 4 Res. No ................................... .S. b EXHIBIT A CITY ®F PETAL,UMA Community Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) DESCRIPTI®N ®F SERVICES The Services to be financed by the above-designated community facilities district (the "CFD") of the City of Petaluma (the "City") shall consist of the annual maintenance and monitoring of the flood control facilities known as the Adobe Creek weir and diversion channel. The services shall, include, but not be limited to cleaning, removal of debris, repairs, and such annual maintenance and monitoring as may be required by the City to keep such facilities in proper and safe operating condition. The Services shall include all related inspections, testing, monitoring and annual administration of the City and the letting and supervision of any contracts for the provision of the Services. Exhibit A Page 1 Reso. 2001-128 N.C.S. EXHIBIT B CITY OF PETALUMA Community Facilities District No. 2001-1 (Adobe. Creek Weir and Diversion Channel) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 1. General. The Special Tax shall be levied by the City of Petaluma (the "City") in the City of Petaluma Community Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) (the "CFD") under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 et seq., California Government Code) (the "Act") to pay for the annual maintenance of the Adobe Creek weir and diversion channel (the "Services"). 2. Obligation to Pay Special Taxes. The obligation to pay the Special Tax shall commence with the Fiscal Year 2001-2002. 3. Computation of Special Taxes. The amount of the Special Tax for the Fiscal Year 2001-2001 shall be $63 5.00 for each parcel of land within the CFD. In each year thereafter, the Special Tax shall be increased automatically by the .amount of 100% of the percent change in the Consumer Price Index (all urban consumers) for the San Francisco/Oakland/San Jose area as calculated for the preceding 12 month period. The amount of the first year's Special Tax and the amount of the Special Tax, as increased each year thereafter, shall be the "Maximum Special Tax." Computation shall be made by the Finance Director of the City each year before collection of the Services Special Tax as provided in Section 5 hereof. Carryovers of balances from year to year and the accumulation of emergency reserves, subject to the levy of the Maximum Special Tax, are hereby authorized, provided, however, that in any fiscal year, the Special Tax may be levied and collected in an amount less than the Maximum Special Tax for that year. Exhibit B Page 1 Reso. 2001-128 N.C.S. . 4. Duration of Special Tax. The Special Tax shall be collected each year by the City for the CFD so long as the Services are provided by the City and.. Special Tax is needed to provide for all or a portion of the costs of the Services. 5. Collection of Special. Tax.. Unless otherwise provided by resolution of the Council of the City, the Special Tax shall be collected in the same manner, upon the same roll, at the same times. and subject to the same terms and penalties for non-payment as ad valorem general property taxes of the County of Sonoma. 7. Prepayment. The Special Tax shall not be subject to prepayment and satisfaction because it relates to the Services performed and to be performed. 8. Enforcement. If not paid when due, the City shall have the right to foreclose any delinquent Special Tax, and, if applicable, by appropriate action in a court of competent jurisdiction, such action to include all court costs, attorney fees and costs of sale. 9. bevy and Collection of Special Tax. Each year, before the date required by the County of Sonoma for submission of tax roll collections, the Finance Director shall compute the Special Tax upon each parcel in the CFD and transmit the same for collection to the appropriate officials of the County of Sonoma. Only the accuracy of the computation of the Special Tax shall be subject to challenge. Any challenge shall be made to the Finance Department of the City within 60 days of any payment. The decision of the Finance Department of any challenge shall be final. Exhibit B Page 2 Reso.2001-128 N.C.S.