HomeMy WebLinkAboutOrdinance 640ORDINANCE NO. 640
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),
INCLUDING CERTAIN ANNEXATION TERRITORY
WHEREAS, the City of Atascadero (the "City") has conducted proceedings pursuant to
the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1 Division 2, Title 5
of the Government Code of the State of California (the "Act") and the City of Atascadero
Community Facilities District No. 2005-1 (Public Services) Ordinance enacted pursuant to the
powers reserved by the City of Atascadero under Sections 3, 5, and 7 of Article XI of the
Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD Ordinance
may be referred to collectively as the "Community Facilities District Law"), to establish the City
of Atascadero Community Facilities District No. 2005-1 (Public Services) (the "District") for the
purpose of financing police services, fire protection and suppression services, and park services
(the "Services") as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is set
forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City Council of the
City of Atascadero, California, For the Formation of Community Facilities District No. 2005-1
n (Public Services" (the "Resolution of Formation"), which was adopted on May 24,2005; and
WHEREAS, the City has conducted proceedings to annex territory into the District and,
with respect to the proceedings, following an election of the qualified electors in the territory
proposed for annexation (the "Annexation Territory"), the City Council, on September 8, 2020,
adopted a Resolution entitled "Resolution of the City Council of the City of Atascadero, California,
Declaring the Results of a Special Annexation Landowner Election, Determining Validity of
Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax
Lien."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes
and levies the special tax within the District, including the Annexation Territory, pursuant to
the Community Facilities District Law, at the rate and in accordance with the rate and method of
apportionment of special tax set forth in the Resolution of Formation, which rate and method is on
file in the City Clerk's Office and incorporated herein by reference. The special tax has previously
been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to
Ordinance No. 478 passed and adopted by the City Council on July 12, 2005 and the special tax is
I hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation
Territory, and in each fiscal year thereafter to pay for the Services for the District and all
costs of administering the District.
City of Atascadero
Ordinance No. 640
Page 2 of 3
SECTION 3. The City's Finance Director or designee or employee or consultant of the
City is hereby authorized and directed each fiscal year to determine the specific special tax to be
levied for the next ensuing fiscal year for each parcel of real property within the District,
including the Annexation Territory, in the manner and as provided in the Resolution of Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Community Facilities District Law.
In no event shall the special tax be levied on any parcel within the District in excess of the
maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in the
Community Facilities District Law and in the Resolution of Formation, including, but not limited
to, the payment of the costs of the Services, the payment of the costs of the City in
administering the District. and the costs of collecting and administering the special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad valorem
taxes; provided, however, that the City Council may provide for other appropriate methods of
collection by resolution(s) of the City Council. The Finance Director of the City is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of the
County of San Luis Obispo in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of San Luis
Obispo for Fiscal Year 2021-22 and for each fiscal year thereafter until no longer required to
pay for the Services or until otherwise terminated by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District, including
the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance
and the application of the special tax to the remaining parcels within the District, including the
Annexation Territory, shall not be affected.
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the expiration of fifteen (15) days after its final passage, in accordance with California law. A copy
of the full text of this Ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and passage and shall be available to any interested member of the public.
SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.
n
City of Atascadero
Ordinance No. 640
Page 3 of 3
INTRODUCED at a regular meeting of the City Council held on August 11, 2020 and PASSED
f I and ADOPTED by the City Council of the City of Atascadero, State of California,
on September 8, 2020.
CITY OF ATASCADERO
Heather Moreno, Mayor
AP4>' VEb .S 9).F6-kM:
Brian A. Pierik, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 639 was duly introduced at a regular
meeting held August 11, 2020 and adopted at a regular meeting of the City
Council held on the 8th day of September 2020 by the following roll call vote, to
wit:
AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
I hereby certify that the foregoing is the original of Ordinance No. 639 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on September 8, 2020 and that summaries of the Ordinance were published on
August 13, 2020 and September 10, 2020 in the Atascadero News newspaper.
,H R l4TENS€N,' C1TY CLERK