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Ord 182ORDINANCE NO. 182 AN ORDINANCE OF ~HE CITY OF POWAY, CALIFORNIA ~33THORIZING R'rlE LEVY OF A SPECIAL TAX IN A (XI~I~UNITY FACILITIES DISTRICT WHEREAS, THE CITY COUNCIL of the CITY OF POWAY, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has initiated pro- ~cdings, held a public hearing, received approval from the qualified elector relating to the levy of a special tax in a co~xaunity facilities district, all as authorized pursuant to the terms and provisions of the "Y~llo-RDos Cc~munity Facilities ~fc of 1982", being (l~apter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This C~t,t~unity Facilities District shall hereinafter be referred to as SOUTH POWAY ~TY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District" ); and, NOW, R'HEREFORE, IT IS HEREBY ORDAINfD AS FOLLOWS: SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. That the above recitals are all true and correct. That this legislative body does, by the passage of this Ordinance, authorize the levy of special taxes at the rate and formula and set forth in Exhibit "A" attached hereto, referenced and so incor- porated. That this legislative body is hereby further authorized each year, by Resolution, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the spe- cial tax rate to be levied shall not ex~d that as set forth above, but the special tax ~ay be levied at a lower rate. Said Resolution shall be adopted no later than the 2nd meeting in July of each year. Properties or entities of the State, Federal or other local governments shall be exempt frcm the above-referenced and approved special tax. The procccds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the follcwing, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness. Ordinance No. 182 Page 2 B. Necessary replenishment of bond reserve funds or other reserve funds. C. Palanent of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, as appropriate. The proceeds of the special tax shall be levied only so long as ~cded for its purpose, and shall not be used for any other pur- S~CTION 6. The above authorized special tax shall be collected in the same manner as ordinary ad valor~ taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquencies for any other ad valor~ tax. SECTION 7. The specific authorization for this ordinance is found at Section 53340of the Government Code of the State of California. SECTION 8. That this Ordinance is an urgency ordinance pursuant to the terms of Government Code Section 36937 as is subject matter related to taxes for City expenses and therefore shall be in force and take effect on the date of its adoption. SECTION 9. The Mayor shall sign this Ordinance. The City Clerk shall Certify this Ordinance and cause the same to be published within fifteen (15) days after its passage at least once in the poway News Chieftain, a newspaper of general circulation published in the City of Poway, California, and circulated in the City of Poway, Cal[fornia. PASS~D, ADOPTED AbD APPROVED at a regular n~cting of said City Council held the 3rd day of December, 1985, by the following roll call vote: AYES: COUNCI~: ~MERY, ORAVEC, ~HEPARDSON, TARZY, KRUSE NOES: ABSENT: Carl R. Kruse, Mayor Marjorie ~. Wahlsten, City Clerk CITY OF P(N~AY SOUTH POWAY ~TY FACILITIES DI~I~F~ICT NO. 1 EXHIBIT "A" RATE ASD ~u~l~{OD OF APPORTIOh~WT OF SPECIAL TAX The Resolution of Intention generally sets forth the rate and apportior~ent of the special ~x to allow each landowner or resi- dent within the proposed District to estimate the annual maximum amount that would be required for payment. For partic~!~rs as to the rate and method of apportiorm~nt, "~cc the following: RATE OF SPECIAL TAX The C~L,LLunity Facilities District is considered as a single zone, and the special tax or charge to be levied and collected is a special annual e~_~ used to pay for the costs of public facilities benefiting the C~L,,~nity Facilities District area. The tax would be levied on property on an acreage basis beginning in the year following the filing of final m~p under the subdivision map act. Each property owner would pay for 25 years. The per acre ta~ for each "net usable acre" would be the same for each "net usable acre" for any given year and has ban established at a minimum rate of $7,638 per year in fiscal year 1986-87 and would escalate at 3 percent per year until 1996-97. If the minimum tax rate is insufficient, a maximum tax of $12,250 per "net usable acre", as shown on the final map, aDd/or on a map on file with the City Clerk, may be levied in fiscal year 1986-87, or any fiscal year ther~ter. If no final map has ~n recorded and/or no map is on file with the City Clerk, the wsximum tax rate may be levied on the basis of 274.45 "net usable acres".