R 4209RESOLUTION NO. 4209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE FIRE STATION
EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR
2009 -10
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 5th 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 2009 -10 for the purpose specified in the Election,
by the adoption of a resolution; and
RESOLUTION NO. 4209
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 2009 -10 (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, 2009.
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
2009 -10 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 Costello, seconded by Council Member Fellows, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Arnold, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 14 day of August 2009.
RESOLUTION NO. 1 /209
PAGE 3
TON FE';: MAYOR
ATTEST:
KELLY WE O CITY CLERK
APPROVED AS TO CONTENT:
S V DAMS, CITY MANAGER
APPROVED AS TO FORM:
2
TIMOTHY J. C CITY ATTORNEY
KELLY TM E, CITY CLERK
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. 4209 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 11"' day of August 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12 day of
August 2009.