HomeMy WebLinkAboutORD-26-91 Levying Special Taxes within the City of Orange Community Facilities District No. 91-2ORDINANCE NO.26-
91 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE LEVYING SPECIAL
TAXES WITHIN THE CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 (SERRANO HEIGHTS
PUBLIC
IMPROVEMENTS)
Community Serrano Facilities District
No. 91-2
Heights Public Improvements)WHEREAS, on November 12, 1991, this City
Council adopted a resolution entitled "A Resolution of the City Council
of the City of Orange of Intention to Establish
a Community Facilities District and to Authorize the Levy of Special
Taxes Pursuant to the Mello-Roos Conununity Facilities Act
of 1982" (the "Resolution of Intention"), stating its intention to
establish the City of Orange Conununi ty Facilities District No.
91- 2 (Serrano Heights Public Improvements) (the "District")
pursuant to the Mello-Roos Community Facilities Act of 1982,
as amended (the "Act"), to
finance certain facilities (the "Facilities");
WHEREAS, notice was published as relative to
the intention of this City District and to
provide for the
financing of required
by the
Council
to
form the Facilities;Act the WHEREAS, this City Council has
held a noticed public hearing as required by the Act relative
to the determination to proceed with the formation of the District and
the rate and method of apportionment of the special tax to
be levied within the District to finance a portion of
the costs of the Facilities;WHEREAS, at said hearing all persons
desiring to be heard on all matters pertaining to the formation
of the District and the levy of said special taxes
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, on December 17, 1991,this City Council adopted
resolutions entitled "A Resolution of the City Council of the City of Orange
of Formation of City of Orange Community Facilities
District No. 91-2 (Serrano Heights 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"), "A Resolution of the City Council
of the City of Orange Determining the Necessity to Incur
Bonded Indebtedness Within the City of Orange Conununi ty Facilities
Public Improvements) and Submitting Proposition to the Qualified
Electors of the District" and "A Resolution of the City Council of
the City of Orange Calling Special Election", which resolutions
established the District, authorized the levy of a special tax
within the District, and called an election within the District on
the proposition of incurring indebtedness, levying a special tax,
and establishing an appropriations limit within the District,
respectively; and
WHEREAS, an election was held within the District on
December 17, 1991 in which the eligible landowner electors
approved said propositions by more than the two-thirds
vote required by the
Act.NOW, THEREFORE, the City Council of the City of
Orange ordains as
follows:Section I. By the passage of this Ordinance this
City Council hereby authorizes and levies special taxes within
the District pursuant to California Government Code sections 53328
and 53340, at the rate and in accordance with the formula set forth
in the Resolution of Formation which Resolution is by this
reference incorporated herein. The special taxes are hereby
levied commencing in fiscal year 1992-93 and in each
fiscal year thereafter until payment in full of any bonds of the
City issued for the District (the "Bonds") and all costs of
administering
the District.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 the
next ensuing fiscal year for each parcel of real property within
the District,in the manner and as provided in the Resolution
of Formation.Section III. properties or entities of the State
or local governments shall be exempt from any levy of the special
taxes to the extent set forth in the Resolution of Formation. In
no event shall the special taxes be levied on any parcel wi
thin the District in excess of the maximum tax specified in
the Resolution
of Formation.Section IV. All of the collections of the special
tax shall be used as provided for in the Act and in the.
Resolution of Formation including, but not limited to, the payment
of principal and interest on the Bonds, the replenishment of the
reserve fund for the Bonds, the payment of the costs of the
City in administering the District and the costs of
collecting and administering the
special tax.Section V. The special taxes shall be collected in
the same manner as ordinary ad valorem taxes are collected or in
such other manner as this City Council shall direct and, in any
event, shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of
delinquency as Ordinance
No.
26-
provided for ad valorem taxes. In addition, the provisions of
Section 53356.1 of the Act 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 in order to
effect proper billing and collection of the special tax, so that
the special tax shall be included on the secured property tax roll
of the County of Orange for fiscal year 1992-93 and for
each fiscal year thereafter until the Bonds are paid in
full.Section VI. If for any reason any portion of this
ordinance is found to be invalid, or if the special tax is
found inapplicable to any particular parcel within the District, by
a Court of competent jurisdiction, the balance of this ordinance
and the application of the special tax to the remaining parcels
within the District shall not be
affected.Section VII. The Mayor shall sign this Ordinance and
the City Clerk shall cause the same to be published within
fifteen 15) days after its passage at least once in a newspaper
of general circulation published and circulated in the area of
the
District.Section VIII. This Ordinance shall take effect 30 days
from the date of final
passage.ADOPTED this 14th day of ,TAfillAry'
1992.GENE
BEYER Mayor of the City of
Orange 7z,
1b~~'
MV city Cler of e ty of
Orange BY:~-<~~\
E BARR A, MAYOR RO TEM
Attest:
Ordinance No. 26-
91
3-
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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. 17th day of December 1991 ,
and thereafter at a regular meeting of said City Council duly held on the
14th day of January ,__~__, was duly passed and adopted by the
fOllowing vote, to wit:
AYES: COUNCILMEMBERS: STEINER, BARRERA, COONTZ, SPURGEON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MAYOR BEYER
ABSTAIN: COUNCILMEMBERS: NONE
1Jr,*~~~ {k/UUt-
City Clerk the it~f Orange
Ordinance No. 26 - 91 4 -