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HomeMy WebLinkAboutRESOLUTIONS - 06041991 - 91-365 w / y I`V 7 LL r 13062-12 JHKW:PJTmk OU30091 J8770 0&2"1 RF5 )UMONNO. 91/36 A RESOLUTION OF FORMATION OF COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT No. 1991-1 MLYASANT Tm.1 BART STATION AREA),AUTHOREZ NG THE LEVY OF A SPECIAL TAS WMIIN THE DISTRICT, PRELIMINARILY ESTABLiSENG AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUB: WrMG LEVY OF TSE SPECIAL TAS AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE D19MCT Cannty of Contra Carta Community Facilities District No.1991-1 (Pleasant RM BART Station Area) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that. WHEREAS, on April 23, 1991, this Board of Supervisors adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to form the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of. 1982, as amended (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities to be financed, the cost of providing such facilities and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Clerk of the Board and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Board of Supervisors held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation and extent of the District, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Board of Supervisors on said matters before it, including a report (the "Report") as to the facilities to be provided through the District and the costs thereof, a copy of which is on file with the Clerk of the Board, and this Board of Supervisors at the conclusion of said hearing was fully advised with respect to the premises; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Clerk of the Board by fifty percent(50%)or more of the registered voters residing within the territory of the District or property owners of .one-half (1/2) or more of the area of land within the District and not exempt from the • special tax; and WHEREAS, the special tag .proposed to be levied in the District to pay for the proposed facilities to`be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest by fifty percent (5076) or more of the registered voters residing within the territory of the District or the owners of one-half(1/2) or more of the area of land within the District and not exempt from the special tax. - NOW, THEREFORE,IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. All prior proceedings taken by this Board of Supervisors in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area)" is hereby established pursuant to the Act. 5. The boundaries of the District, as set forth in the map of the District heretofore recorded in the Contra Costa County Recorder's Office in Book 44 at Page 41 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. 6. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A attached hereto and by this reference incorporated herein (the "Facilities"). 7: Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Supervisors may direct. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District; in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 8. It is hereby found and determined -that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. 9. The Auditor-Controller of the County of Contra Costa, 625 Court Street, Martinez, California 94553, telephone number (415) 646-2236, is the officer of the County which will be responsible for preparing annually a current roll. of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. -2- 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.6 of the California Streets and Highways.Code, a continuing lien to secure each levy of the special tag shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tag obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the County ceases. 11. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h)of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at$1,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. 12. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which shall be as specified by a separate resolution of this Board of Supervisors. I hereby certify that the'foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County; California, at a regularly scheduled meeting thereof, held on the 4th day of June, 1991,by the following vote of the Board: AYES: Supervisors Fanden, Schroder, Torlakson and Powers NOES: None ABSENT: Supervisor McPeak ATTEST: June 4, 1991 Phil Batchelor, Clerk of the. Board of Supervisors and County Administrator :P$epuik -3-