HomeMy WebLinkAboutOrdinance 478 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 478, adopted by the
Atascadero City Council at a regular meeting thereof held on July 12, 2005, and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.
City Clerk
City of Atascadero, California
ORDINANCE NO. 478
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, LEVYING AND
APPORTIONING THE SPECIAL TAX IN THE CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2005-1
The City Council hereby finds and declares as follows:
WHEREAS, City Council has established Community Facilities District No. 2005-1 (the
"District") pursuant to Resolution No. 2005-038 (the "Resolution of Formation"), duly adopted
on May 24, 2005, for the purpose of providing for the financing of certain public services in and
for the City; and,
WHEREAS, at an election held in the District on May 24, 2005, the qualified electors of
the District authorized the levy of the special tax described in the Resolution of Formation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Levy of Special Tax. Pursuant to Section 53340 of the California
Government Code, the special tax is hereby levied at the maximum rates and apportioned in the
manner specified in the Resolution of Formation.
SECTION 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution of Formation, 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
procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes;
provided, however, that the City may directly bill the special tax, may collect special taxes at a
different time or in a different manner if necessary to meet the financial obligations of the
District or as otherwise determined appropriate by the City.
SECTION 4. Claims for Refund. Claims for refund of the tax shall comply with the
following and any additional procedures as established by the City Council:
1. All claims shall be filed, in writing, with the Director of Finance during the Fiscal
Year in which the error is believed to have occurred. The claimant shall file the claim
within this time period and the claim shall be finally acted upon by the City Council
as a prerequisite to bringing suit thereon.
2. Pursuant to Government Code section 935(b), the claim shall be subject to the
provisions of Government Code sections 945.6 and 946.
City of Atascadero
Ordinance No.478
Page 2 of 2
3. The City Council shall act on a timely claim within the time period required by
Government Code section 912.4.
4. The procedure described in this Ordinance, and any additional procedures established
by the City Council, shall be the exclusive claims procedure for claimants seeking a
refund of the tax. The decision of the City Council shall be final.
SECTION 5. Effective Date and Publication. This Ordinance, as an ordinance levying
a tax for the usual and current expenses of the City, shall take effect immediately. Within (15)
days of its adoption, the City Clerk shall cause this Ordinance to be published in newspaper of
general circulation in the City pursuant to the provisions of Government Code Section 36937(d).
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
July 12, 2005, by the following roll call vote:
AYES: Council Members Clay, O'Malley,Pacas and Mayor Scalise
NOES: None
ABSTAIN: None
ABSENT: Council Member Luna
CITY OF ATASC RO
By:
endy�alis , ayor
ATTEST:
f)1'jX1j
Marcia McClure Torgerson, C.M.C.,itity Clerk
APPROV D AS TO FO
atrick nright, City Attorney