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RES 2013-041CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 2013- 41 A RESOLUTION AUTHORIZING CERTIFICATION OF FY 2013/2014 DIRECT CHARGE FOR MELLO -ROOS SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1995 -1 WHEREAS, the City of South Lake Tahoe Community Facilities District No. 1995 -1 authorizes the City of South Lake Tahoe to levy certain special taxes to pay for identified facilities and services, as set forth in "A Resolution of the City Council of the City of South Lake Tahoe of Formation of Community Facilities District and to Levy a Special Tax," Resolution No. 1995 -95; and WHEREAS, the special taxes, fees, or assessments for Fiscal Year 2013/14 need to be certified for placement on the Secured Property Tax Bills for El Dorado County, California, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SOUTH LAKE TAHOE THAT: The special taxes for CFD 1995 -1 for FY 2013/2014 shall be as follows: Facilities Special Tax - $43.00 Basic Services Special Tax Part (i) - $1.50 Basic Services Special Tax Part (ii) - $5.37* The rate stated for Basic Services Special Tax Part (ii) is an estimate assuming a 3.00% CPI change from June 2012 through June 2013. The actual maximum rate for the Basic Services Special Tax Part (ii) may be less than but no more than the estimate of $5.37. AND BE. IT FURTHER RESOLVED THAT the Mayor of the City of South Lake Tahoe is authorized to execute the attached Annual Certification of Direct Charge for said CFD #1995 - -1 special tax for fiscal year 2013/2014. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on the 16th day of July 2013, by the following vote: AYES: Councilmembers_ NOES: Councilmembers_ ABSTAIN: Councilmembers ABSENT: Councilmembers ATTEST: Susan Alessi, City Clerk DAVIS, COLE, CONNER, LAINE & SWANSON FY 2013/2014 ANNUAL CERTIFICATION OF DIRECT CHARGE As agreed by City of South Lake Tahoe CFD #1995 -1 hereinafter referred to as "District ", and El Dorado County, hereinafter referred to as "County ", in paragraph 12 of the "Agreement for Collection of Special Taxes, Fees, and Assessments ", the District hereby certifies that the special taxes, fees, or assessments listed below, to be placed on the County's Secured Property Tax bills by the District, meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State Constitution. The District agrees to defend, indemnify and hold harmless the County, the Board of Supervisors, the Auditor - Controller, its officers and employees, from litigation over whether the requirements of Proposition 218 were met with respect to such special taxes, fees, or assessments. If any judgement is entered against any indemnified party as a result of not meeting the requirements of Proposition 218 for such special taxes, fees, or assessments, the District agrees that the county may offset the amount of any judgement paid by an indemnified party from any monies collected by the County on the behalf of the District, including property taxes, special taxes, fees, or assessments. r" --s- J MAYOR, CITY COUNCIL FOR CITY OF SOUTH LAKE TAHOE M 2013/2014 Special Taxes, Fees, or Assessments to be Placed on the Secured Property Tax Bills: TAX CLASS DESCRIPTION AMOUNT 361 Mello -Roos, CFD #1995 -1 Special Tax — Facilities $ 43.00 Part (i) Special Tax — Services $ 1.50 Basic Services Special Tax Part (ii) $ 5.37* The rate stated for Basic Services Special Tax Part (ii) is an estimate assuming a 3.00% CPI change from June 2012 through June 2013. The actual maximum rate for the Basic Services Special Tax Part (ii) may be less than but no more than the estimate of $5.37.