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Ord 289ORDINANCE NO. 289 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-1 OF THE cLTY OF POWAY (PARKWAY BUSINESS CENTER) On motion of Councilman Eme~ , duly seconded and carried, the following ordinance was adopted: WHEREAS, on September 13, 1988, the City Council of the City of Poway (the 'City Council') adopted Resolution No. 88-102 stating its intention to form Community Facilities District No. 88-1 of the City of Poway (Parkway Business Center) ('Community Facilities District No. 88-1") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act'); and WHEREAS, on September 13, 1988, the City Council also adopted Resolution No. 88-103 stating its intention to incur bonded indebtedness in the amount of $45,000,000'within proposed Community Facilities District No. 88-1 for the purpose of financing the construction, acquisition, modification, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of 5 years or longer, including roadway improvements, a fire station and equipment, storm drains, water, sewer and public utility improvements, all as more fully described in Resolution No. 88-122 adopted by the City Council on October 18, 1988 (the 'Facilities') to serve the area within Community Facilities District No. 88-1; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District NO. 88-1 and to incur bonded indebtedness in the amount of $45,000,000 within the boundaries of proposed Community Facilities District No. 88-1; and WHEREAS, on October 18, 1988, the City Council held a noticed public hearing as required by law to determine, whether it should proceed with the formation of Community Facilities District No. 88-1, issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 88-1 for the purpose of paying for the Facilities to be provided within Community Facilities District No. 88-1, creating or replenishing any necessary reserve funds, paying the annual costs associated with the bonds proposed to be issued to finance the Facilities, including, but not limited to, the principal and interest on the bonds, and paying any incidental expenses of the District as set forth in the Act and Resolution No. 88-123; and Ordinance No. 289 Page 2 WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 88-1, the levy of a special tax and the issuance of bonds to pay for a por~on of the Facilities were heard and a full and fair hearing was held; and WHEREAS, on October 18, 1988, the City Council adopted Resolution No. 88-122 which established Community Facilities District No. 88-1, authorized the levy of a special tax within Community Facilities District No. 88-1 and called an election within Community Facilities District No. 88-1 for November 1, 1988 on the p~oposition of incurring bonded indebtedness and levying a special tax; and WHEREAS, on October 18, 1988, the City Council also adopted Resolution No. 88-123 which determined the necessity to incur bonded indebtedness in the amount of $45,000,000 within Community Facilities District No. 88-1 and called an election within Community Facilities District No. 88-1 for November 1, 1988, on the proposition of incurring bonded indebtedness and levying a special tax; and WHEREAS, on November 1, 1988, an election was held within Community Facilities District No. 88-1 at which the qualified electors approved by more than a two-thirds vote the proposition of incurring bonded indebtedness of $45,000,000 and levying a special tax as set forth in Resolution No. 88-122; and WHEREAS, on November 1, 1988, the City Council adopted Resolution No. 88-127 which certified the results of the November 1, 1988 election conducted by the Registrar of Voters, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the special tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1 DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are all true and' correct. Section 2. By the passage of this Ordinance, the City Council authorizes the levy of a special tax at the rate and. formula set forth in Exhibit B to Resolution No. 88-122 and which for reference purposes is attached hereto as Exhibit 1 and incorporated by reference. Section 3. The City Council is hereby further authorized to determine, by resolution, on or before the date of the first meeting of the City Council in July of each year, -2- Ordinance No. 289 Page 3 or such later date as is permitted by law, the specific special tax to be levied on each parcel of land in Community Facilities District No. 88-1. The City Manager is directed to cause each annual special tax levy to be forwarded to the County of San Diego Assessor and Tax Collector in'~ timely manner to permit its inclusion on the County tax bill. The special tax to be levied shall not exceed the maximum rates set forth in Exhibit 1, but the special tax may be levied at a lower rate. Section 4. 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 Section E of Exhibit 1 hereto and otherwise shall be subject to tax consistent with the provisions.of Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance. Section 5. All of the collections of the special tax shall be used only as provided for in the Act and Resolution No. 88-122. The special tax shall be levied only so long as needed to accomplish the purposes described in Resolution No. 88-122. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or this City Council from time to time. Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of bond interest or principal, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax. Section 8. This Ordinance relating to the levy .of the special tax shall take effect 3~ days after its final passage in accordance with the provisions of Section 36937 of the Government Code, and this specific authorization for adoption is pursuant to the provisions of Section 53340 of the Government Code. Section 9. The Mayor shall sign this Ordinance and the Clerk of the City Council shall attest to the Mayor's signature and then 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 and circulated in the City. -3- Ordinance No. 289 Page 4 Introduced and first read at a re~lar meeting of the City Council of the City of Poway held the llth day of April, 1989, and thereafter PASSED AND ADOPTED at a regular meeting of said city council held the 18th day of April, 1989, by the following roll call vote: AYES: COUNCILMEMBERS: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILME~RS: NONE Ca r~e ,~-~y o~ Mar~or~'~./Wahl'st'en/City Clerk -4- Ordinance No. 289 Page 5 EXHIBIT 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL.TAX FOR COMMUNITY FACILITIES"DISTRICT NO. 88-1 OF THE CITY OF POWAY (PARKWAY BUSINESS CENTER) A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 88-1 (herein "CFD No. 88-1') shall be levied and collected according to the tax liability determined by the City Council of the City of Poway acting in its capacity as the legislative body of CFD No. 88-1 (herein the "City Council') through the application of the appropriate amount or rate for 'Developed Property' or 'Undeveloped Property", as described below. All of the property in CFD No. 88-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent and in the manner herein provided. A. Definitions. The terms hereinafter set forth have the following meanings: "Developed Property' means all Assessor's' Parcels in CFD No. 88-1 for which a final map has been recorded as of March 1 of the preceding Fiscal Year; provided, however, that Developed Property shall not include property owned by or offered for dedication to a public agency or owned by a public utility for use as an unmanned facility, which property is subject to tax as Undeveloped Property only to the extent set forth in Section E below. 'Fiscal Year' means the period starting on July i and ending the following June 30. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levfed by the City Council in any Fiscal Year for each class of Developed Property and for Undeveloped Property, as applicable. 'Taxable Property" is all of the area within the boundaries of CFD No. 88-1 which is not exempt from the Special Tax pursuant to law or Section E below. 'Undeveloped Property' means all Taxable Property in CFD No. 88-1 not classified as Developed Property. -5- Ordinance No. 289 Page 6 B. Assignment to Land Use Class. On July 1 of each year, all Taxable Property within CFD No. 88-1 shall be categorized esther as a Developed Property or an Undeveloped Property ~nd shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. Maximum Special Tax Rate. The Maximum Special Tax for an Assessor's Parcel classified as Developed Property or as Undeveloped Property shall be $15,000 per acre for Fiscal Year 1988-89 and shall increase by 2.0% in each subsequent Fiscal Year. For purposes of this Section C, the acreage of an Assessor's Parcel shall be determined by reference to the most current parcel map or other subdivision tract map recorded in the Office of the County Recorder for San Diego County or by another reliable means established by the District. D. Method of Apportionment of the Special Tax to Developed Property and Undeveloped Property. Starting in Fiscal Year 1988-89 and for each following Fiscal Year, the City Council shall determine the amount of money to be collected from Taxable Property in CFD No. 88-1 in that Fiscal Year. Such amount shall include the sums necessary to pay for current debt service on indebtedness of CFD No. 88-1, to create or replenish reserve funds determined necessary by CFD No. 88-1 for existing Or future indebtedness, and to pay for administrative and construction expenses to be paid from Special Tax proceeds. After taking into account other available revenues, the City Council shall levy the Special Tax as follows until the amount of the levy equals the remaining amount to be collected: First: The Special Tax shall be levied on Developed Property in equal percentages up to 87% of the Maximum Special Tax for such Fiscal Year; Second: If additional moneys are needed after the first step has been completed, the Special Tax shall be levied proportionately on each parcel of Undeveloped Property (exclusive of Undeveloped Property exempted pursuant to Section E below) up to 87% of the Maximum Special Tax for such Fiscal Year; Third: If additional moneys are needed after the first two steps have been completed, then the levy of the Special Tax on Developed Property and Undeveloped Property (exclusive of Undeveloped Property exempted pursuant to Section -6- Ordinance No. 289 Page 7 E below) shall be increased in equal percentages above the rates levied pursuant to the first step above, up to the Maximum Special Tax for such Fiscal Year; Fourth: If additional mo~ys are needed after the first three steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Undeveloped Property offered for dedication to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for such Fiscal Year for such property; and Fifth: If additional moneys are needed after the first four steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Undeveloped Property conveyed to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for such Fiscal Year for such property. E. Limitations. The City Council shall not impose any Special Tax on property which is (i) owned by a public agency for public right-of-way or is subject to a public easement for a street or for another public use which prevents any private beneficial use of such land or (ii) is owned by a public utility for use as an unmanned utility property or is subject to a utility easement making impractical its utilization for other than the purpose set forth in the easement. In addition, the City Council shall not impose any Special Tax on up to 100 acres of Undeveloped Property conveyed or offered for dedication to a public agency for public uses other than those described in (i) above. If the total number of acres of land conveyed or offered for dedication to a public agency for such other uses exceeds ten acres, then the acres exceeding such total of 200 shall be taxed as Undeveloped Property to the extent set forth in steps four and five in Section D above. -7-