HomeMy WebLinkAboutMC-15061
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
WHEREAS, on August 15, 2018, the City Council (the "City Council") of the City of San
Bernardino (the "City") adopted Resolution No. 2018-239 declaring its intention to form Community
Facilities District No. 2018-1 of the City of San Bernardino (the "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 September 19, 2018, 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, the designation of property that may be annexed to the District, and the
proposed levy of a special tax therein to finance certain public safety services described in
Resolution No. 2018-264; and
WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District, the designation of property that may be
annexed to the District, and the proposed levy of the special tax to finance the safety services
described in Resolution No. 2018-264 were heard and a full and fair hearing was held; and
WHEREAS, on September 19, 2018, the Board adopted Resolution No. 2018-264 which
formed the District, designated the property that may be annexed to the District, and called a
special election within the District on September 19, 2018 on two propositions relating to the
levy of a special tax within the District and the establishment of an appropriations limit within
the District; and
WHEREAS, on September 19, 2018, a special election was held within the District at
which the qualified electors approved by more than a two-thirds vote Propositions A and B
authorizing the levy of a special tax within the District for the purposes described in Resolution
No. 2018-264 and establishing an appropriations limit for the District; and
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. By the passage of this Ordinance, the Board authorizes and levies special
taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in
accordance with the rate and method of apportionment set forth in Attachment "D" to Resolution
No. 2018-264, which is incorporated by reference herein (the "Rate and Method"). The special
taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in
each fiscal year thereafter so long as the services authorized to be financed by the District, are
provided through such financing within the District.
SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their
written designees (each, an "Authorized Officer"), acting alone, 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 Auditor-Controller/Treasurer/Tax Collector
of the County of San Bernardino and to otherwise take all actions necessary in order to effect
proper billing and collection of the special tax, 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.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
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 Section D of the Rate and Method. No other properties or entities are exempt from the
special tax unless the properties or entities are expressly exempted in Resolution No. 2018-264, or in
a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method
of apportionment or an existing special tax as provided in Section 53334 of the Act.
SECTION 5. All of the collections of the special tax shall he used as provided for in the
Act, the Rate and Method and Resolution No. 2018-264.
SECTION 6. The special tax 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 this City Counci 1 from time to time.
SECTION 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest
to the Mayor's signature and then cause the same to be published within fifteen (15) days after its
passage at least once in The Sun, a newspaper of general circulation published and circulated in the
City of San Bernardino.
SECTION 8. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
SECTION 9. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino, and
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
to perform all other acts which are required by the Act, this Ordinance or by law in order to
accomplish the purpose of this Ordinance.
SECTION 10. A full reading of this Ordinance is dispensed with prior to its final passage, a
written or printed copy having been available to the City Council and the public a day prior to its
final passage.
SECTION 11. This Ordinance shall take effect thirty days after its final passage.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 3'd day
of October 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS %C
VALDIVIA
SHORETT
�Y
NICKEL
X
RICHARD �
MULVIHILL
Georgeann I nna, CMC, ity Clerk
The foregoing Ordinance is hereby approved this 3rd day of October 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By. �.
5
I` L144R. Carey Davi
City of San BI