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HomeMy WebLinkAboutResolution 2001-149 N.C.S. 08/09/2001:y 1 ~eSO~.Ut10I1 ~O'.2001-149,(;,5, 2 of the City of Petaluma, California 3 4 RESOLUTION OF FORMATION OF 5 COMMUNITY FACILITIES DISTRICT N0.2001-1 6 (ADOBE CREEK WEIR AND DIVERSION CHANNEL) 7 8 RESOLVED, by the City Council the "Council") of the City of Petaluma (the "City"), 9 County of Sonoma, State of California that 10 11 WHEREAS,. on July 9, 2001, this Council adopted a resolution entitled "A Resolution of 12 Intention to Establish a Community Facilities District No. 2001-1 (Adobe Creek Weir and 13 Diversion Channel)" (the "Resolution of Intention"), stating its intention to form Community 14 Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) (the "CFD"), of the 15 City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of 16 Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government 17 Code (the "Act"); -- - ------_~ 18 19 WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries 20 of the CFD and stating the services to be provided, the cost of providing such services, and the 21 rate and method of apportionment of the special tax to be levied within the CFD to pay the for 22 the services to be provided. with respect to the CFD, is on file with the City Clerk and the 23 provisions thereof are incorporated herein by this reference as if fully set forth herein; 24 25 WHEREAS, the services stated in the Resolution of Intention are as set forth in Exhibit 26 A attached hereto and hereby made a part hereof; 27 28 WHEREAS, on this date, this Council held a noticed public hearing as required by the 29 Act and the Resolution of Intention relative to the proposed formation of the CFD; 30 31 WHEREAS, at the hearing all interested persons desiring to be heard on all matters 32 pertaining to the formation of the CFD, the services to be provided therein and the levy of the 33 special tax were heard and a full and fair hearing was held; R~otut~on xo. 2 0 01-14 9rr.c.s. Page 1 o f 5 1 2 WHEREAS, at the hearing evidence was presented to this Council on such matters 3 before it, including a report caused to be prepared (the "Report") as to the services to be provided 4 through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this 5 Council at the conclusion of said hearing is fully advised in the premises; 6 7 WHEREAS, written protests with respect to the formation of the CFD, the furnishing of 8 specified types of services and the rate and method of apportionment of the special taxes have 9 not been filed with the City Clerkby fifty percent (50%) or more of the registered voters residing 10 within the territory of the CFD or property owners of one-half (1/2) or more of the area of land 11 within the CFD and not exempt from the proposed special tax; 12 13 WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed 14 facilities to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by 15 protest by fifty percent (50%) or more of the registered voters residing within the territory of the 16 CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt 17 from the special tax. 18 19 NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 20 21 1. Recitals Correct. The foregoing recitals are true and correct. 22 23 2. No 1Vlajority Protest. The proposed special tax to be levied within the CFD has 24 not been precluded by majority protest pursuant to section 53324 of the Act. 25 26 3. Prior Proceedings Valid. All prior proceedings taken by this City Council in 27 connection with the establishment of the CFD and the levy of the special tax have been duly 28 considered and are hereby found and determined to be valid and in conformity with the Act. 29 -2- Reso. 2001-149 NCS ~ Page 2 of 5 1 4. Name of CFD. The community facilities district designated "Community 2 Facilities District No.2001-1 (Adobe Creek Weir and Diversion Channel)" of the City is hereby 3 established pursuant to the Act. 4 5 5. Boundaries of CFI). The boundaries of the CFD, as set forth in the map of the 6 CFD heretofore recorded in the Sonoma County Recorder's Office on July 19, 2001 in Book 623 7 at Page 12 as Document O 1-97292 of Maps of Assessment and Community Facilities Districts, 8 are hereby approved, are incorporated herein by reference and shall be the boundaries of the 9 CFD. 10 11 6. Description of Services. The type of public services proposed to be financed by 12 the CFD and pursuant to the Act shall consist of those items listed as facilities in Exhibit A 13 hereto and by this reference incorporated herein (the "Services"). 14 15 7. Special Tax. 16 17 a. Except to the extent that funds are otherwise available to the CFD to pay 18 for the Facilities and/or the principal and interest as it becomes due on bonds of the CFD 19 issued to finance the Facilities, and for the Services, a special tax (the "Special Tax") 20 sufficient to pay the costs thereof, secured by the recordation of a continuing lien against 21 all non-exempt real property in the CFD, is intended to be levied annually within the 22 CFD, and collected in the same manner as ordinary ad valorem property taxes or in such 23 other manner as may be prescribed by this Council. 24 25 b. The proposed rate and method of apportionment of the Special Tax among 26 the parcels of real property within the CFD, in sufficient detail to allow each landowner 27 within the proposed CFD to estimate the maximum amount such owner will have to pay, 28 are shown in Exhibit B attached hereto and hereby incorporated herein. 29 30 c. In the case of any Special Tax to pay for the Facilities and to be levied 31 against any parcel used for private residential purposes: (i) the maximum special tax shall -3- Reso. 2001-149 NCS Page3 of 5 1 be specified as a dollar amount which shall be calculated and thereby established not later 2 than the date on which the parcel is first subject to the tax because of its use for private 3 residential purposes and which amount shall not be increased over time over two percent 4 per year; (ii) the tax year after which no further Special Tax subject to this sentence shall 5 be levied or collected shall be as set forth in Exhibit B hereto; and (iii) under no 6 circumstances will the Special Tax levied against any parcel subject to this sentence be 7 increased as a consequence of delinquency or default by the owner of any other parcel 8 within the CFD by more than ten percent. For the purposes hereof, a parcel is used for 9 "private residential purposes" not later than the date on which an occupancy permit for 10 private residential use is issued. 11 12 8. Increased Demands. It is hereby found and determined that the Services are 13 necessary to meet increased demands placed upon local agencies as the result of development 14 occurring in the CFD. 15 16 9. Responsible ®fficial. The Finance Director of the City of Petaluma, City Hall, 17 11 English Street, Petaluma, California 94952, telephone number (707) 778-4323, is the officer 18 of the City who will be responsible for preparing annually a current roll of special tax .levy 19 obligations by assessor's parcel number and who will be responsible for estimating future special 20 tax levies pursuant to the Act. 21 22 10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 23 3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of 24 the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue 25 in force and effect until the special tax obligation is prepaid and permanently satisfied and the 26 lien canceled in accordance with law or until collection of the tax by the City ceases. 27 28 11. Appropriations Limit. In accordance with the Act, the annual appropriations 29 limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, 30 of the CFD is hereby preliminarily established at $100,000 and said appropriations limit shall be 31 submitted to the voters of the CFD as hereafter provided. The proposition establishing said -4- Reso. 2001-149 NCS Page 4 of 5 1 annual. appropriations limit shall become effective if approved by the qualified. electors voting 2 thereon and shall be adjusted in accordance with the applicable provisions of the Act. 3 4 12. Election. Pursuant to the provisions of the Act, the proposition of the levy of the 5 special tax and the proposition of the establishment of the appropriations limit specified above 6 shall be submitted to the qualified electors of the CFD at an election the time, place and 7 conditions of which election shall be as specified by a separate resolution of this Council. 8 9 13. Effective Date. This resolution shall take effect upon its adoption. 10 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 (Ri'~g~l~d3 nKidq (Special) meeting orm on the ......~.t<.1~........... day of ...~1.1gU.S.t :.................................. 20..0.x, by the following vote: ••••••••••••• ••• •••••• •••••••••••• City A torney AYES:O~Brlen, Healy, Maguire, Mayor Thompson NOES: None ABSENT: Torli tt, 'M-~o•,yni n, Vice Mayor Cader-Thompson ATTEST: ........ ~C~.~l.l: Q.(: ~!~ .................................................. ............................................................................................. City Clerk _5_ Mayor Council i .. ... ... Res. No. ~~..~.1.-~~.4~?~.'c's~ Page S of 5 EXHIBIT A CITY OF PETALUMA Community Facilities District No. 2001-1 (Adobe Creek Weir and Diversion Channel) DESCRIPTION OP 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 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 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. 2001-149 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 $635.00 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 percentage 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 ti 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. 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. Exhibit B Page 1 Reso. 2001-149 I.C.S. 9. Levy 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. 2001-149 N.C.S.