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HomeMy WebLinkAbout2026/05/12 City Council Ordinance 993 ORDINANCE NO. 993 ORDINANCE OF 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. 2026-01 (REDWOOD CROSSINGS) AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT WHEREAS,On March 24,2026,the City Council("City Council")of the City of Rohnert Park ("City") adopted Resolution No. 2026-026 (the "Resolution of Intention") declaring its intention to form the District pursuant to the Act; WHEREAS, On April 28, 2026, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District and the proposed levy of a special tax within the District to finance certain public services ("Services") and administrative expenses to be incurred in connection with financing the Services and forming and administering the District(the"Incidental Expenses"),each as described in the Resolution of Intention; WHEREAS, At the April 28, 2026, public hearing, all persons desiring to be heard on all matters pertaining to: (i) the proposed formation of the District, and (ii) the proposed levy of a special tax within the District to finance the Services were heard and a full and fair hearing was held; WHEREAS, On April 28, 2026, the City Council adopted Resolution No. 2026-028 (the "Resolution of Formation") which formed the District and called a special election within the District on April 28, 2026,or such later date as was approved by the City Clerk of the City,on two propositions for the District relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; WHEREAS, On April 28, 2026, a special election was held within the District at which the qualified electors therein approved by more than a two-thirds vote, Propositions A and B as set forth in Attachment"C"to the Resolution of Formation,authorizing the levy of a special tax within the District for the purposes described in the Resolution of Intention and establishing an appropriations limit for the District; WHEREAS, Section 53340 of the Act requires the adoption of this ordinance in order to levy the special tax within the District for the purposes 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. 2015-1 (Southeast Specific Plan- Services), does ordain as follows: Section 1. The City Council hereby authorizes the levy of a special tax within the District. The special taxes shall be levied pursuant to Sections 53328 and 53340 of the Act. The special taxes shall be levied on the property within the District at the rates and in accordance with the rate and method of apportionment of special tax ("Rate and Method") set forth in Attachment "C" to the Resolution of Intention, which is incorporated herein by reference. The special taxes are hereby levied within the District each fiscal year so long as is required to pay for the Services. Section 2. Each of the City Manager of the City (the "City Manager"), or any other person or persons designated by the City Manager(collectively, "Authorized Officers"), is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Sonoma County Auditor-Controller- Treasurer-Tax Collector and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax within the District, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year until a determination by the City Council,acting as the Legislative Body of the District, that the special tax shall no longer be levied to pay for the Services. Section 3. Properties or entities of the state, federal or other local governments shall be exempt from the special tax for the District, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and the Rate and Method. No other properties or entities within the District are exempt from the special tax unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes, or to alter the Rate and Method or an existing special tax as provided in Section 53334 of the Act. Section 4. All of the collections of the special tax within the District shall be used as provided for in the Act, the Rate and Method, and the Resolution of Formation. Section 5. The special tax within the District 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 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 procedures may be modified by law or by the City Council from time to time. Section 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 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. This Ordinance was introduced by the City Council of the City of Rohnert Park on April 28, 2026, and was adopted on May 12, 2026 by the following roll call vote: AYES: (4) Councilmembers Adams, Giudice, Vice Mayor Elward and Mayor Sanborn NOES: (0)None ABSENT: (0)None ABSTAIN: (1) Councilmember Rodriguez Ordinance 993 Page 2 of 3 CITY OF ROHNERT PARK 4-AQ ily S 4.m, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk 1 - APPROVED AS TO FORM: llatA/` vi Vishwanath, Deputy City Attorney Ordinance 993 Page 3 of 3