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2015/12/08 City Council Ordinance 893ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2015-01 (SOUTHEAST SPECIFIC PLAN - SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, on October 27, 2015, the City Council (the "City Council ") of the City of Rohnert Park (the "City ") adopted Resolution No. 2015- 174 (the "Resolution of Intention ") declaring its intention to forin City of Rohnert Park Community Facilities District No. 2015 -01 (Southeast Specific Plan - Services) (the "Community Facilities District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act "); and WHEREAS, on November 24, 2015, after providing all notice required by the Act, the City Council opened a public hearing relative to the formation of the Community Facilities District and the proposed levy of a special tax within the Community Facilities District to finance certain services and incidental expenses described in Resolution of Intention (the "Services" and the "Incidental Expenses," respectively); and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the furnishing of the Services and the proposed levy of the special tax within the Community Facilities District to finance the Services and the Incidental Expenses were heard, and a full and fair hearing was held; and WHEREAS, on November 24, 2015, following the close of the public hearing, the City Council adopted a resolution establishing the Community Facilities District (the "Resolution of Formation ") and calling a consolidated special election on November 24, 2015 within the Community Facilities District on two propositions relating to the levying of the special tax and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on November 24, 2015, a special election was held within the Community Facilities District at which the qualified electors approved by more than a two - thirds vote Propositions A and B authorizing the levy of the special tax within the Community Facilities District for the purposes described in the Resolution of Formation and the establishment of an appropriations limit for the Community Facilities District as described in the Resolution of Formation. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Rohnert Park, acting in its capacity as the legislative body of City of Rohnert Park Community Facilities District No. 2015 -01 (Southeast Specific Plan - Services), does ordain as follows: SECTION 1. The above recitals are all true and correct and material to this Ordinance. SECTION 2. By the passage of this Ordinance, the City Council authorizes the levy of a special tax within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution of Intention, which rate and method of apportionment is incorporated by reference herein (the "Rate and Method "). SECTION 3. The City Manager shall be responsible for annually preparing, or causing the preparation of, the roll of special tax levy obligations by assessor's parcel number on non- exempt property within the Community Facilities District. The City Council or, to the maximum extent permitted by law, the City Manager is authorized to determine the specific special taxes to be levied on each parcel of land in the Community Facilities District, in the manner and as provided in the Rate and Method. In connection with the foregoing, the City Manager shall take any and all steps necessary in order to deliver to the Sonoma County Tax Collector, on or before the date specified in Government Code Section 53340, a certified list of all parcels subject to the special tax levy, including the amount of such tax to be levied on each parcel for the applicable tax year. The special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special taxes may be levied at lower. SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the Rate and Method of Apportionment, the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act. SECTION 5. All of the collections of the special tax pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The special tax shall be levied within the Community Facilities District only so long as needed for the purposes described in the Resolution of Formation. SECTION 6. The special tax levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by the City Council from time to time. SECTION 7. This Ordinance shall be fully in force and effective 30 days after its adoption and shall be published and posted as required by law. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.] 2 This Ordinance was introduced by the City Council of the City of Rohnert Park on November 24, 2015, and was adopted on December 8, 2015 by the following roll call vote: AYES: Five (5) Councilmembers Callinan, Mackenzie, Stafford, Belforte and Mayor Ahanotu NOES: None (0 ) ABSENT: None (0 ) ABSTAIN. None (0 ) ATTEST: yne M. Buergler, City Clerk APPROVED AS TO FORM: l- A N. A, Michelle Marchetta Kenyon, City Attorney 3 CITE F I I ER T PlR- Amy O. Ahanotu, Mayor