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HomeMy WebLinkAboutRES NO 121-13RESOLUTION NO 121- 1 3 A RESOLUTION OF THE CITY OF BAKERSFIELD FORMING THE CITY OF BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY FACILITIES DISTRICT NO. 2013 -1 (WEST MING SPECIFIC PLAN); PROVIDING FOR THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE ADDITIONAL POLICE AND FIRE SERVICES REQUIRED BY NEW DEVELOPMENT WITHIN THE COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Bakersfield (the "City ") duly adopted its Resolution No. 1752 on June 5, 2013, amended and restated by Resolution No. 1757 duly adopted on July 17, 2013 (as amended and restated, the "Resolution of Intention ") wherein the City Council declared its intention to and proposed to establish a community facilities district within its jurisdictional boundaries under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act ") to be known and designated as "Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan)" (the "Community Facilities District "), to finance certain public services; and WHEREAS, in the Resolution of Intention the City Council approved and ratified the recording of the boundary map, as provided for and described in California Streets and Highways Code Section 3110, entitled "Map of Proposed Boundaries of Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan), City of Bakersfield, County of Kern, State of California," as shown in Exhibit A thereto, which Boundary Map was recorded on June 13, 2013 in the Book of Maps of Assessment and Community Facilities Districts maintained by the County Recorder of the County of Kern in Book 0001 at Pages 102 -103; and WHEREAS, the Resolution of Intention fixed a time and place for a public protest hearing (the Public Hearing) to be held by the City Council to consider the establishment of the Community Facilities District, the authorization of a special tax to be levied and collected within the Community Facilities District (the "Special Tax "), the proposed rate, method of apportionment and manner of collection of the Special Tax; the services proposed to be authorized to be paid for with the proceeds of the Special Tax collections; the establishment of an appropriations limit for the Community Facilities District; and all other matters set forth in the Resolution of Intention; and Page-1- o``gAKF9� U p ORIGINAL WHEREAS, pursuant to the Resolution of Intention, the Public Hearing was set by the City Council for September 11, 2013, at 5:30 p.m. at the Council Chambers City Hall, 1600 Truxtun Avenue in Bakersfield, California; and WHEREAS, Notice of the Public Hearing in the form approved by the Resolution of Intention was published in the BAKERSFIELD CALIFORNIAN, a newspaper of general circulation published in the area of the Community Facilities District, pursuant to Section 6061 of the Government Code of the State of California at least seven (7) days prior to the date set for the public hearing, as evidenced by a Proof of Publication on file with the City Clerk; and WHEREAS, at or shortly after the scheduled time the City Council opened the Public Hearing to consider the establishment of the Community Facilities District, the proposed rate, method of apportionment and manner of collection of the Special Tax, the services proposed to be financed, the establishment of the appropriations limit, and all other matters set forth in the Resolution of Intention; and WHEREAS, at the Public Hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and to be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of the Special Tax, or the extent of the Community Facilities District, or the financing of any of the proposed services, or the establishment of the appropriations limit for the Community Facilities District, or any other matters set forth in the Resolution of Intention, was heard and considered; and WHEREAS, all registered voters residing within the boundaries of the proposed Community Facilities District, if any, and all owners of land within the boundaries of the proposed Community Facilities District that would not be exempt from the proposed levy of Special Tax, were allowed to submit written protests to any aspect of the proposals contained in the Resolution of Intention, and permitted to withdraw their protests prior to the close of the Public Hearing; and WHEREAS, the City Council is fully advised in this matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: Section 1. The City Council finds and determines that the foregoing recitals are true and correct, and that notice of the public hearing was properly given in conformance with the requirements of the law. Page -2- AKF9 s U � ORIGINAL Section 2. Except to the extent inconsistent with this Resolution, the Resolution of Intention is reaffirmed, and its provisions and findings are, to that same extent, incorporated herein by this reference. Section 3. The City Council finds and determines that at the close of the Public Hearing, written protests, if any, to the establishment of the Community Facilities District, or to the levy of the Special Tax, or to the extent of the Community Facilities District, or to the provision of the public services, or to the establishment of the appropriations limit for the Community Facilities District, or to any other matters contained in the Resolution of Intention, were submitted by less than 50 percent of the registered voters, or by less than six of the registered voters, if any, residing within the Community Facilities District. Similarly, the City Council finds that at the close of the Public Hearing, such written protests, if any, were submitted by the owners of less than one -half of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the Special Tax. Thus, the City Council finds that it is not precluded, by the Act, from proceeding further in this matter. The City Council hereby further orders and determines that all protests to the establishment of the Community Facilities District, or the levy of the Special Tax proposed to be levied therein, or the extent of the Community Facilities District, or the provision of the public services, or the establishment of the appropriations limit for the Community Facilities District, that may have been submitted, have been considered and are hereby overruled. Section 4. The public services authorized to be financed by and through the Community Facilities District are those on Exhibit B to the Resolution of Intention, which by this reference is incorporated herein and made a part of this Resolution (the "Services "). All of the Services are services that the City is authorized by law to provide, are in addition to those public services provided in the territory of the Community Facilities District before the date hereof, will not supplant the services already available within the Community Facilities District, and are necessary to meet increased demands placed upon the City as a result of development occurring and anticipated to occur within the Community Facilities District. This authorization to finance the Services includes all costs associated with the creation of the Community Facilities District, the determination of the amount of the special taxes or the collection of the special taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the provision of the Services. A representative list of incidental expenses that may be incurred are set forth on Exhibit C to the Resolution of Intention, which by this reference is incorporated herein and made a part of this Resolution. Section 5. The rate and method of apportionment of the special tax, including the maximum annual special tax, shall be as set forth on Exhibit D to Page -3- �OPKF,9s o T > m F-- r U � ORIGINAL the Resolution of Intention, which by this reference is incorporated herein and made a part of this Resolution. Exhibit D provides sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay. The special tax obligation is not subject to prepayment. Section 6. If the election referred to in Section 11 hereof results in the approval of the ballot measure described herein, then upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the Community Facilities District, which lien shall continue in force and effect until the special tax obligation is permanently satisfied and the lien cancelled in accordance with law or until collection of the Special Tax by the City Council ceases and a Notice of Cessation of Special Tax is recorded in accordance with Section 53330.5 of the Act. Section 7. Except where funds are otherwise available, the Special Tax, subject to the limits described in Exhibit D, but otherwise in an amount sufficient to pay for the public services and including the repayment of funds advanced by the City for the Community Facilities District will be levied annually within the boundaries of the Community Facilities District. Section 8. The special tax will be collected through the regular County of Kern secured property tax bills, and will be subject to the same enforcement mechanism, and the same penalties and interest for late payment, as apply to the regular ad valorem property taxes; however, the City Council reserves the right to utilize any other lawful means of billing, collecting and enforcing the special tax, including direct billing and supplemental billing. Section 9. Pursuant to Section 53340.1 of the Government Code of the State of California, the Special Tax shall be levied on privately held leasehold or possessory interests in property owned by a public agency (which property is otherwise exempt from the special tax), to be payable by the owner of the leasehold or possessory interests in such property. Section 10. Pursuant to Section 53325.7 of the Government Code of the State of California, and subject to the voter approval requirement contained in that Section, the fiscal year 2013 -2014 appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution for the Community Facilities District, and subject to adjustment as provided therein, is established in the amount of $2,140,000. Page -4- F- r V � ORIGINAL Section 11. The City Council will submit the authorizations of this Resolution to the qualified electors of the Community Facilities District in a special mailed - ballot election. Based on findings to be formally made by the City Council in a Resolution to be adopted this date Calling Special Mailed - Ballot Election within the Community Facilities District, to which reference is made for further particulars, the qualified electors of the Community Facilities District are the landowners owning property that will not be exempt from the Special Tax within the Community Facilities District, in accordance with Section 53326(b) of the Act. Section 12. The City Manager will be responsible for annually preparing, or causing to be prepared, the roll of Special Tax levies on the parcels within the Community Facilities District identified by Kern County Assessor's parcel numbers, and will be responsible for estimating future Special Tax levies pursuant to Section 53340.2 of the Government Code of the State of California. Section 13. The City Council hereby identifies territory within the City as proposed for annexation in the future pursuant to Section 53339.3 of the Act. This territory comprises all territory within the City that contains property whose owners may seek, at any time in the future, any residential development approval from the City. Section 14. The City Council finds and determines that all proceedings conducted and approved by the City Council with respect to the establishment of the Community Facilities District, up to and including the adoption of this Resolution, and the other Resolutions adopted this date in connection with the Community Facilities District, are valid and in conformity with the requirements of the Act, and this determination is final and conclusive for all purposes and is binding upon all persons. Accordingly, the City Council finds, determines and orders that the Community Facilities District is hereby established with all of the authorities described and set forth in this Resolution, the exercise of which is subject only to the election. Section 15. This resolution shall take effect from and after its passage and adoption. ---- - - - - -- 000---- - - - - -- C31 IPII Page -5- Y m �= o ORIGINAL. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Counc�E$flth ? jity of Bakersfield at a regular meeting thereof held on by the following vote: Y�E COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULL VAN, JOHNSON NOES: COUNCIL MEMBER 100Y%9- ABSTAIN: COUNCIL MEMBER (10rQ- ABSENT: COUNCIL MEMBER 10 6NY dd-v- ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 11 2013 By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorn By ANDREW HEGLUND Deputy City Attorney AH /vl S: \COUNCIL \Resos\ 13- 14\ WestMingCFDFormation .Reso09- 11- 13.docx o�`�AK49q s Page -6- 0 o - ORIGINAL CLERK'S CERTIFICATE I, Roberta Gafford, Clerk of the City of Bakersfield, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Bakersfield duly and regularly held at Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, California on the 11 th day of September, 2013, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present, and that at said meeting said resolution was adopted by the following vote: AYES: RIVERA, MAXWELL, SMITH, HANSON, SULLIVAN, JOHNSON NOES: NONE ABSENT: NONE An agenda for said meeting was posted at least seventy -two (72) hours before said meeting at the Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: y fl, 2013. Roberta Gafford, 4f City of Bakersfield, California C: \Documents and Settings\jobert \Local Settings \Temporary Internet Files\ Content. Outlook \6GB3QU3Y \WestMingCFDFormation Reso09- 11- 13.docx s M U D ORIGINAL