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2021/06/22 City Council Ordinance 955 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Elizabeth Machado, Acting City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 955. Ordinance 955, 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. 2021-01 (Bristol Services), Authorizing the Levy of a Special Tax within said Community Facilities District was published on 6/25/2021 as required by law, and posted in five (5) public places in said City, to: www.rpcity.org for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 6/25/2021. The full text of Ordinance No. 955 was published in the Community Voice on 6/25/2021 as required by law. Elizabeth Machado. cting City Clerk Subscribed and sworn to before me this September 10, 2021 Karen Mack, Office Assistant CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Ordinance No.955 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade, calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park"Ordinance No.955"of which the annexed is a printed copy,was published in said newspaper at least 1 consecutive time(s),commencing on the 25 day of June,2021 and ending on the 25 day of June,2021. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. 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G m Oi rmary yl". yy w a d Q�• 9 [s7 t(i ?� m N 7 M m y a „dn 3 tn. m 7C ORDINANCE NO. 955 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. 2021-01 (BRISTOL SERVICES),AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, on April 27, 2021, the City Council (the "City Council") of the City of Rohnert Park (the "City") adopted Resolution No. 2021-045 (the "Resolution of Intention") declaring its intention to form City of Rohnert Park Community Facilities District No. 2021-01 (Bristol 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 June 8, 2021, 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 June 8, 2021, 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 June 8, 2021 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 June 8,2021,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. 2021-01 (Bristol 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 and the Resolution of Formation. 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. Any property within the Community Facilities District that is receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall be exempt from the special tax unless debt is outstanding and the property was subject to the special tax prior to receiving the exemption, in which case the property shall remain subject to the special tax and the special tax shall be enforceable against the property. 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.] Ordinance 955 2 This Ordinance was introduced by the City Council of the City of Rohnert Park on June 8, 2021, and as dopted on June 22, 2021 by the following roll call vote: AYES! a� (_14,,okcb-✓ Ark-w►s, (�;r, , ce eYtE9tv CAE-0 a`t" .- NOES: c L2Q4)) ABSENT: I (ore) C (wary-Il y ABSTAIN: Qj L24,1-N3 CI + OF ' • RT PARK G- .rd Gu%": ayor ATTEST: Sylvia Lopez C as, City Clerk A P OVED TO FO M: Michelle archetta Kenyon, City Clerk Ordinance 955 3