HomeMy WebLinkAbout048-98RESOLUTION NO. 48-98
LEVYING A SPECIAL TAX FOR DANVILLE COMMUNITY FACILITIES DISTRICT
NO. 97-1 FOR THE PROVISION OF POLICE SERVICES
FOR SUBDIVISION 8000 (CALIFORNIA MEADOWS)
WHEREAS, Kaufman & Broad of Northern California, Inc. CKaufman & Broad") received
approvals from Contra Costa County allowing the development of a 192-unit residential subdivision
commonly known as "California Meadows"; and
WHEREAS, as a condition of approval imposed by the County, Kaufman & Broad is required to
agree to the creation of a funding mechanism to fund the extension of police services to the
subdivision; and
WHEREAS, on August 5, 1997, the Town of Danville ("Town") and Kaufman & Broad entered
into a Preannexation and Processing Agreement (the "Agreement") establishing the conditions upon
which Califomia Meadows would be annexed into the Town; and
WHEREAS, one of the conditions of the Agreement is that Kaufman & Broad agreed to the creation
of a funding mechanism to fund the extension of police services by the Town to the new subdivision
in order to comply with the County conditions of approval; and
WHEREAS, the Town and Kaufman & Broad have determined that the most appropriate way of
fulfilling this condition is the creation of a Community Facilities District pursuant to the provisions
of the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.); and
WHEREAS, on December 16, 1997, the Town Council adopted Resolution No. 185-97 declaring
the intent to establish Danville Community Facilities District No. 97-1 (the "District"); and
WHEREAS, the City Clerk has had recorded with the Recorder for Contra Costa County the district
boundary map required by Streets and Highways Code Sections 3110 and 3111; and
WHEREAS, on February 17, 1998, the Town Council adopted Resolution No. 185-97 establishing
the District and directing the City Clerk to conduct a mail ballot election on the levy of the special
tax by the District; and
WHEREAS, the City Clerk has received the ballot from Kaufman & Broad, the sole property owner
in the District, and the City Clerk has confirmed that the levy of the tax was approved by a 2/3's
majority; now, therefore, be it
RESOLVED, by the Danville Town Council that:
Pursuant to Government Code Section 53328, the Danville Community Facilities District
No. 97-1 shall levy a special tax for the provision of police services within the boundaries
of the District. The tax levied for the first year shall be in the amount of $450 and may be
increased every year in an amount equal to the percentage increase in the consumer price
index for the San Francisco Metropolitan Area for the twelve month period immediately
preceding the annual setting of the special tax rate, up to a maximum of three percent(3%)
per year. The annual levy, including this cost of living adjustment, shall never exceed $600
per year.
Pursuant to Government Code Section 53328.3, the City Clerk is directed to have recorded
with the County of Contra Costa, a notice of special tax lien pursuant to Streets and
Highways Code Section 3114.5.
The Town Council finds that all proceedings for the formation of Danville Community
Facilities District No. 97-1 and the levy of the special tax are valid and in conformance with
the requirements of the Mello-Roos Community Facilities Act of 1982, Government Code
Section 53311 et seq.
APPROVED by the Danville Town Council at a Regular Meeting on March 17, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY ~
ATTEST:
CITY CLERK
PAGE TWO OF RESOLUTION NO. 48-98