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HomeMy WebLinkAbout2000-01-25 - RESOLUTIONS - CFD ANNEX SC BUS PARK (2)RESOLUTION NO. --CFD 99-1-4 A RESOLNTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1, APPROVING THE ANNEXATION OF CERTAIN PARCELS TO THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1 (SANTA CLARITA BUSINESS PARK), AND CONSIDERING THE ELIMINATION OF CERTAIN FACILITIES FOR SAID COMMUNITY FACILITIES DISTRICT, AND THE CHANGE IN THE RATE AND METHOD OF APPORTIONMENT AND THE REDUCTION OF THE AUTHORIZED BONDED INDEBTEDNESS AS A RESULT THEREOF WHEREAS, on September. 28, 1999, the City Council (the "Council") of the City of Santa Clarita, California (the "City") adopted Resolution No. 99-164, stating its intention to form the City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, on September 28, 1999, the Council also adopted Resolution No. 99-165, stating its intention and the necessity to incur bonded indebtedness in the aggregate amount not to exceed $33,000,000, to be issued by the CFD for the purpose of financing the purchase, construction, expansion, or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities which the City or the CFD is authorized by law to construct, own, or operate, which are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the CFD (the "Facilities"), to serve the area within the CFD; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $33,000,000 within the boundaries of the CFD; and WHEREAS, on November 9, 1999, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard, and a full and fair hearing was held; and RESOLUTION NO. CFD 99-1-4 January 25, 2000 Page 2 WHEREAS, the Council, subsequent to said hearing, adopted Resolution No. 99-1-1, determining the validity of prior proceedings relative to the formation of the CFD, established the CFD, amended the boundary of the CFD, designated certain property for future annexation to the CFD, and authorized the levy of a special tax within the CFD; and WHEREAS, the Council, subsequent to said hearing, adopted Resolution No. 99-1-2, which called an election within the CFD for November 9, 1999, on the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; and WHEREAS, on November 9, 1999, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit for the CFD; and WHEREAS, the amended boundary map of the CFD and Notice of Special Tax Lien relating to the CFD was filed on ne c .1 , 1999, in the office of the County Recorder of the County of Los Angeles; and WHEREAS, the Council has received a consent to annex certain of the designated future annexation area ("Annexation No. 1") into the CFD, and the Council hereby intends to accept such consent and annex such property into the CFD; and WHEREAS, the Council has also received a petition (the "Petition") from the sole owner of all property within the CFD, requesting the institution of proceedings for change of the scope of the facilities, modification of the rate and method of apportionment of the special taxes, and a reduction in the authorized amount of bonded indebtedness; and WHEREAS, the Council has determined that the Petition complies with the requirements of Government Code Section 53332 and now intends to adopt this resolution of consideration regarding the changes described herein; and WHEREAS, the owners of the land within the boundaries of the proposed CFD desire the City to proceed with the proposed changes to the CFD. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 99-1, does resolve as follows: RESOLUTION NO. CFD 99-1-4 January 25, 2000 Page 3 SECTION 1: The CFD hereby accepts the consent to annex submitted .by the landowner and hereby annexes the Annexation No. 1 property into the CFD. Such annexation shall be designated as "Annexation No. 1" for all future purposes of the CFA The map entitled "Amended Boundary of Community Facilities District No. 99-1 (Santa Clarita Business Park) City of Santa Clarita, County of Los Angeles, State of California" which was recorded by the County Recorder for the County of Los Angeles on Dec. 1`, 1999, shall now be amended to designate the boundaries of the Property as "Annexation No. 1," and shall constitute the boundaries of Annexation No. 1. On the original and one copy of such map on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this .Resolution, the City Clerk shall file a copy of each such map so endorsed in the records of the County Recorder, County of Los Angeles, State of California. An amended notice of special tax lien, pursuant to Streets and Highways Code Sections 3114.5 and 3117.5, shall be recorded. A continuing lien to secure each levy of the special tax will attach to all non-exempt real property within Annexation No. 1, and the lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until the collection of the special tax by the legislative body ceases. SECTION 2: The CFD hereby determines to institute proceedings for the reduction of the scope of the facilities, the modification of the rate and method of apportionment, and the reduction of the authorized amount of bonded indebtedness, pursuant to and under the terms of the Act. An amended CFD Report (the "Amended CFD Report") has been presented to the CFD listing such changes, and such Amended CFD Report is on file with the City Clerk. SECTION 3: The list of the Facilities to be financed by the CFD shall be amended to include public infrastructure facilities with an estimated useful life of five (5) years or more which the City or a public agency is authorized by law to contribute revenue to or to construct, own, or operate (the "Amended Facilities") and as are more particularly described on Exhibit "A" attached to the Amended CFD Report and incorporated herein by reference. The description of the Amended Facilities shown on Exhibit "A" to the Amended CFD Report is general in nature. The final nature and location of the Amended Facilities will be determined upon the preparation of final plans and specifications which may show substitutes in lieu of, or modifications to, the proposed work. Any such substitution shall not be deemed a change or modification of the Amended Facilities so long as the substitution provides a service substantially similar to the Amended Facilities shown on Exhibit "A" to the Amended CFD Report. RESOLUTION NO..CFD 99-1-4 January 25, 2000 Page 4 SECTION 4: Due to the reduction in the authorized facilities, the schedule of the rate and method of apportionment is proposed to be amended as described in Exhibit "B" to the Amended CFD Report and by this reference incorporated herein (the "Amended Rate and Method"). The amended special tax (the "Amended Special Tax") is based upon the cost of financing the Amended Facilities in the CFD, the demand that each parcel will place on the Amended Facilities, and the general benefit received by each parcel from the Amended Facilities as determined by the Council and as permitted by Sections 53325.3 and 53339.3 of the Act. Exhibit `B" to the Amended CFD Report provides sufficient detail to allow . each landowner or resident within the CFD to estimate the maximum amount that such person will have to pay for the Amended Facilities. The Amended Special Tax is apportioned to each parcel on the foregoing basis, pursuant to Section 53325.3 of the Act, and such Amended Special Tax is not on or based upon the ownership of real property. Since bonds of the CFD have yet to be issued, the CFD hereby finds that the proposed Amended Rate and Method will not interfere with the timely repayment of debt. SECTION 5: Due to the reduction in the scope of the facilities and the corresponding changes to the rate and method of apportionment, it is the intent of the CFD to reduce the authorized indebtedness of the CFD from its current level of not to exceed $33,000,000 to an amount not to exceed $18,000,000. SECTION 6: A public hearing (the "Hearing") on the proposed changes to the CFD shall be held on Tuesday, February 22, 2000, at 6:30 p.m., or as soon thereafter as practicable, in the Council Chambers of the City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, California 91355-2196. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the CFD, may appear and be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If written protests against the changes to the CFD are filed by (a) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the CFD, or (b) the owners of one-half 6A) or more of the area of land to be included within the CFD, the RESOLUTION NO. CFD 99-1-4 January 25, 2000 Page 5 proceedings shall be abandoned. If said majority protest is limited to certain types of Amended Facilities or certain provisions of the Amended Special Tax, those facilities or those provisions of the tax must be eliminated by the Council. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the CFD. Such Notice shall contain the text or a summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed CFD, as provided in Section 53324 of the Act, and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. SECTION 7: The voting procedure, with respect to the proposed changes to the CFD, shall be by mailed ballot election. SECTION 8: This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 25th day of January 2000. ATTEST: >,111 1 �, 163M96010110 RESOLUTION NO..EFD 99-1-4 January 25, 2000 Page 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson. City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 99-1 (Santa Clarita Business Park), at a regular meeting• thereof, held on the 2qtglay of'ranna ry . 2000, by the following vote: AYES: COUNCILMEMBERS: Neste, Ferry, Heidt, Klajic, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None + SS:FO:hds �cMg�dr