HomeMy WebLinkAboutORD-17-06 Levy Special Taxes-District 06-1ORDINANCE NO. 17-
06 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE LEVYING SPECIAL
TAXES WITHIN CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 06-1 (DEL
RIO
PUBLIC IMPROVEMENTS)WHEREAS, on November 7,2006, this City Council of the City of Orange (
the City)adopted Resolution No. 10129 entitled "A Resolution of the City Council of the City
of Orange Declaring Its Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Therein - Del Rio" (the Resolution of Intention), stating its intention
to establish the City of Orange Community Facilities District No. 06-1 (Del
Rio Public Improvements) pursuant to the Mello-Roos Community Facilities Act of
1982, Section 53311 et seq. of the California Government Code (the Law), to finance costs
of certain public improvements (the Facilities) and of certain public
services (the Services);WHEREAS, notice was published as required by the Law of the
public hearing called pursuant to the Resolution ofIntention relative to the intention of this City Council
to form the District and to provide for the costs of the Facilities and
of the Services;WHEREAS, on December 12, 2006 this City Council held the
public hearing as required by Law relative to the determination to proceed with the formation
of the District;WHEREAS, at the public hearing all persons desiring to be heard
on all matters pertaining to the formation of the District, the levy of special taxes in the
District and the incurrence of bonded indebtedness for the District were heard,
substantial evidence was presented and considered by this City Council and a full and fair
hearing was held;WHEREAS, subsequent to said hearing, this City Council
adopted Resolution No.10139 entitled "A Resolution of the City Council of the City of Orange of Formation
of City of Orange Community Facilities District No. 06-1 (Del
Rio Public Improvements), Authorizing the Levy of a Special Tax Within the District,
Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and
the Establishment of the Appropriations Limit to the Qualified Electors of the District" (
the Resolution of Formation),Resolution No. 10140 entitled "A Resolution of the City Council of
the City of Orange Determining the Necessity to Incur Bonded Indebtedness Within
City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements)
and Submitting Proposition to the Qualified Electors of the District" (the Resolution of
Necessity) and Resolution No. 10141 entitled "A Resolution of the City Council of the City
of Orange Calling Special Election Within Community Facilities District No. 06-
1 (Del Rio Public Improvements)", which resolutions established the District, authorized the levy of
a special tax with the District,authorized the incurrence of bonded indebtedness for the
District and called an election within the District on the proposition of incurring indebtedness,
levying a special tax and establishing an appropriations
WHEREAS, on December 12, 2006 an election was held within the District in which
the then eligible landowner electors approved said propositions by two-thirds or more of
the votes cast in the
election.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:By the passage of this Ordinance, this City Council hereby authorizes and levies
special taxes within the District, pursuant to the Law, at the rate and in accordance with the rate
and method of apportionment of special taxes for the District as set forth in Exhibit A to
the Resolution of Formation (the Rate and Method), which Resolution of Formation is by
this reference incorporated herein. The special taxes are hereby levied commencing in fiscal
year 2007-08 and in each fiscal year thereafter until payment in full of any bonds issued by
the City for the District (the Bonds) as contemplated by the Resolution of Formation and
the Resolution of Necessity, payment in full of all costs of administering the District, and so long
as necessary to pay for
the Services.
SECTION II:The Director of Finance of the City is hereby authorized and directed each fiscal
year to determine the specific special tax rate and amount to be levied for each parcel
ofreal property within the District, in the manner and as provided in the Rate
and Method.
SECTION III:Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Rate and Method attached
as Exhibit A to the Resolution of Formation. In no event shall the special taxes be levied on
any parcel within the District in excess of the maximum tax specified in the Rate
and Method.
SECTION IV:All of the collections of the special tax shall be used as provided for in the Law
and in the Resolution of Formation including the payment of principal and interest on the
Bonds, the replenishment of the reserves for the Bonds, the payment of the costs of the City of
Orange to provide the services eligible to be funded by the District and in administering the
District, and the costs of collecting and administering the
special tax.
SECTION V:The special taxes shall be collected from time to time as necessary to meet
the financial obligations of the District on the secured real property tax roll in the same manner
as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority,
and
subject to the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California
Government Code shall apply to delinquent special tax payments. The Director of Finance of
the City is hereby authorized and directed to provide all necessary information to the
auditor/tax collector of the County of Orange and to otherwise take all actions necessary in
order to effect proper billing and collection of the special tax, so that the special tax shall be
levied and collected in sufficient amounts and at the times necessary to satisfy the financial
obligations of the District in each fiscal year until the later of the date on which (a) the Bonds
are paid in full and provision has been made for payment of all of the administrative costs of
the District, or (b) the date, if ever, on which this City Council determines that the special tax
shall no longer be levied to pay for the Services.
Notwithstanding the foregoing, the Director of Finance of the City may collect one or
more installments of the special taxes on anyone or more parcels in the District by means of
direct billing by the City of the property owners within the District if, in the judgment of the
Director of Finance, such means of collection will reduce the administrative burden on the City
in administering the District or is otherwise appropriate in the circumstances. In such event,
the special taxes shall become delinquent if not paid when due as set forth in any such
respective billing to the applicable property owners.
SECTION VI:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION VII:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
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ADOPTED this 9th day of January, 2007
ATTEST:
u~ c{~ .
Mary E. M~ity Clerk, City~ge
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 12th day of December, 2006, and thereafter at the regular meeting of said City Council duly
held on the 9th day of January, 2007, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Bilodeau
tc~ C~~
Mary E~y, City Clerk, City range
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