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R 4120RESOLUTION NO. 4120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2008-09 WHEREAS, City of Arroyo Grande ("City") is a duly authorized municipal corporation and existing under the laws of the State of California; and WHEREAS, in the City of Arroyo Grande, a special election (the "Election") was duly and regularly held on the 5`h day of November 2002, in that territory included within the boundaries of the City at which Election there was submitted to the qualified voters of the City the following question: MEASURE 0-02: Shall the City of Arroyo Grande expand the Fire Station including the addition of sleeping facilities, a federally required area for safe clean up of blood-borne pathogens, a federally required room to store turnout clothing, a system to divert vehicle exhaust from the apparatus rooms, an expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay, by issuing $1,900,000 in general obligation bonds; and WHEREAS, more than two-thirds of the votes cast at the Election were in favor of and assented to the incurring of such indebtedness, and the City Council of the City is now authorized and empowered to provide for the form of bonds of the City, and for the issuance thereof for the purpose and objects provided for in the election, payable, principal and interest, from taxes levied exclusively upon the taxable property within the City, as permitted by law: and WHEREAS, on December 3, 2002, the City Council of the City adopted Resolution No. 3636 which certified the results of the November 5, 2002, Election conducted by the Registrar of Voters, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the tax; and WHEREAS, the City issued its General Obligation Bonds, Series A of 2003 (Fire Station Project) in the amount of $1,900,000 pursuant to Resolution No. 3648, adopted by the City Council of the City, which bonds were issued for the purpose of the fire station expansion and retrofitting project (the "Bonds"); and WHEREAS, the City Council is further authorized to determine by resolution on or before August 31 of each year, the specific tax to be levied on each parcel of land in the City; and WHEREAS, it is now necessary and appropriate that the City Council of the City levy and collect the taxes for Fiscal Year 2008-09 for the purpose specified in the Election, by the adoption of a resolution; and RESOLUTION NO. 4120 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. In accordance with Government Code Section 43632, there is hereby levied upon the parcels of land within the City the taxes for Fiscal Year 2008-09 (the "Taxes"), at the tax rates set forth in Exhibit A attached hereto and incorporated herein. The City Manager or his designee (the "City Manager") is designated and directed to file this Resolution with the San Luis Obispo County Auditor- Controller by August 31, 2008. 2. The Taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes, as such procedure may be modified by law or the City Council of the City from time to time. 3. The City Manager is hereby authorized to transmit a certified copy of this Resolution to the San Luis Obispo County Assessor and/or the San Luis Obispo Treasurer-Tax Collector, together with other supporting documentation as may be required to place the Taxes on the secured property tax roll for Fiscal Year 2008-09 and for the collection of the Taxes in the manner of ad valorem property taxes, and to perform all other acts which are required by law or deemed necessary by the City Manager in order to accomplish the purpose of this Resolution, or Bond covenants. 4. The assessment shall be collected at the same time and in the same manner as County ad valorem property taxes are collected, and all laws providing for the collection and enforcement of County ad valorem property taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. On motion of Council Member Fellows, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: Council Member Arnold the foregoing Resolution was passed and adopted this 26th day of August 2008. RESOLUTION NO. ~/1o1fl PAGE 3 TON E YOR ATTEST: KELLY WETMOREYCITY CLERK APPROVED AS TO CONTENT: STEVEN ADAM ,CITY MANAGER APPROVED AS TO FORM: TIM HY J. CA L, CITY ATTORNEY EXHIBIT A SCHEDULE OF TAX RATE Tax rate per $100 of assessed value = .00820% OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4120 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 26th day of August 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of August 2008. KELLY WLTM~f2E, CITY CLERK