HomeMy WebLinkAboutOrdinance 695
ORDINANCE NO. 695
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 l982”, being Chapter 2.5, Part l 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-l (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, 2026, adopted a Resolution entitled “Resolution of the City Council of the
City of Atascadero, California, Declaring the Results of 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, does hereby
ORDAIN 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 by this reference incorporated herein. The special tax
has previously been levied in the original territory of the District beginning in Fiscal Year
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City of Atascadero
Ordinance No. 695
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2006-07 pursuant to Ordinance No. 478 passed and adopted by the City Council on July 12,
2005 and the special tax is hereby levied commencing in Fiscal Year 2027-28 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.
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 2027-28 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.
SECTION 8. A summary of this Ordinance, approved, together with the ayes and
noes, shall be published twice: at least five days prior to its final passage and before 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.
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City of Atascadero
Ordinance No. 695
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INTRODUCED at a regular meeting of the City Council held on the September 8, 2026, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero,
State of California on September 22, 2026
CITY OF ATASCADERO
_____________________
Charles Bourbeau, Mayor
ATTEST:
Lara K. Henderson, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 695 was duly introduced at a regular
meeting held September 8, 2026 and adopted at a regular meeting of the City
Council held on the 22nd day of September, 2026 by the following roll call vote,
to wit:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz,
Mayor Bourbeau
NOES: None
ABSENT: None
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 695 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on September 22, 2026 and that summaries of the Ordinance were published on
9/10/2026 and 9/24/2026 in the News Times newspaper.
_____________________________________
ALYSSA M. SLATER, DEPUTY CITY CLERK
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