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Home My WebLink About5.09 Ordinance Levying Special Taxes Within CFD No. 2023-1 (East Ranch)r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.9 DATE: December 19, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Ordinance Levying Special Taxes Within CFD No. 2023-1 (East Ranch) Prepared by: JayBaksa, Finance Director EXECUTIVE SUMMARY: The City Council will consider waiving the second reading and adopting the Ordinance levying a special tax within City of Dublin Community Facilities District No. 2023-1 (East Ranch). On December 5, 2023 the City Council took actions to form the East Ranch CFD, which included introducing an Ordinance to levy special taxes within East Ranch and set the date of December 19, 2023 for the second reading. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Levying Special Taxes Within City of Dublin Community Facilities District No. 2023-1 (East Ranch). FINANCIAL IMPACT: Approval of the recommended action has no financial impact on the City. All costs associated with the formation of the proposed Community Facilities District are borne entirely by the developer. The proposed Community Facilities District will be self-sustaining, including the provision of annual compensation to the City for its management. DESCRIPTION: On December 5, 2023, the City Council took the following actions forming the City of Dublin Community Facilities District No. 2023-1 (East Ranch): 1. Adopted the Resolution Forming the City of Dublin Community Facilities District No. 2023- 1 (East Ranch); 2. Adopted the Resolution Determining Necessity to Incur Bonded Indebtedness for City of Dublin Community Facilities District No. 2023-1 (East Ranch); 3. Adopted the Resolution Calling Special Election for City of Dublin Community Facilities District No. 2023-1 (East Ranch); Page 1 of 2 1 4. Adopted the Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien for City of Dublin Community Facilities District No. 2023-1 (East Ranch); and 5. Introduced and waived the first reading of the Ordinance Levying Special Taxes Within City of Dublin Community Facilities District No. 2023-1 (East Ranch). Also at that meeting, the date for the second reading of the Ordinance was set for December 19, 2023. Following tonight's approval of the Ordinance, the effective date of the Special Tax Ordinance will be 30 days after adoption, which is anticipated to be January 19, 2024. STRATEGIC PLAN INITIATIVE: Strategy 3: Infrastructure Maintenance and Reinvestment Objective D: Explore use of funding mechanisms like community facilities districts for capital and ongoing maintenance needs. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Levying Special Taxes within City of Dublin Community Facilities District No. 2023- 1 (East Ranch) Page 2 of 2 2 Attachment 1 ORDINANCE NO. XX — 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN LEVYING SPECIAL TAXES WITHIN CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (EAST RANCH) WHEREAS, on October 17, 2023, this City Council (the "City Council") of the City of Dublin (the "City"), adopted a resolution stating its intention to establish its City of Dublin Community Facilities District No. 2023-1 (East Ranch) (the "CFD") pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the "Act"), to finance public services and the acquisition and construction of certain facilities; and WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the CFD, to provide for financing certain services and certain facilities and to incur bonded indebtedness for the CFD in an amount not to exceed $67,000,000, excluding bonds described in Section 53364.2(e) of the Act; and WHEREAS, this City Council has held noticed public hearings as required by the Act relative to (i) the determination to proceed with the formation of the CFD, and the rate and method of apportionment of the special taxes to be levied within the CFD to finance a portion of the costs of the services and the facilities and (ii) the issuance of not to exceed $67,000,000 of bonded indebtedness for the CFD, excluding bonds described in Section 53364.2(e) of the Act; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD, and the levy of said special taxes within the CFD were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, this City Council adopted resolutions entitled "Forming City of Dublin Community Facilities District No. 2023-1 (East Ranch)" (the "Resolution of Formation"), "Determining Necessity to Incur Bonded Indebtedness for City of Dublin Community Facilities District No. 2023-1 (East Ranch)" (the "Resolution of Necessity") and "Calling Special Election for City of Dublin Community Facilities District No. 2023-1 (East Ranch)," which resolutions defined the public services (the "Services") and public facilities to be financed by the CFD (the "Facilities"), established the CFD, authorized the levy of the special taxes with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 3 WHEREAS, on December 5, 2023, a special election was held within the CFD at which the eligible landowner -electors approved such propositions by the two-thirds vote required by the Act. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. LEVY OF SPECIAL TAX By the passage of this Ordinance, the City Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula (the "Rate and Method") set forth in the Resolution of Formation, which Resolution of Formation is by this reference incorporated herein, as the same may be amended in accordance with the Act. The special taxes are hereby levied commencing in fiscal year 2023-24 and in each fiscal year thereafter until payment in full of the Services and any bonds issued by the City for the CFD (the "Bonds") or such longer period provided in the Rate and Method, as contemplated by the Resolution of Formation and the Resolution of Necessity, as the same may be amended in accordance with the Act, and all costs of administering the CFD. SECTION 2. ANNUAL CALCULATION OF LEVY The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided by the Rate and Method. SECTION 3. EXEMPTIONS; MAXIMUM LEVY OF SPECIAL TAXES Except as set forth in the Rate and Method, properties or entities of the State, federal or local governments shall be exempt from any levy of special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Rate and Method. SECTION 4. AUTHORIZED USES OF SPECIAL TAXES All of the collections of the special taxes shall be used as provided for in the Act and the Rate and Method, including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the Services and the Facilities, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax. SECTION 5. COLLECTION OF SPECIAL TAXES The special taxes 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 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 4 valorem taxes; provided, however, that this City Council may provide for other appropriate methods of collection by resolution of this City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent payments of the special taxes. 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 Alameda in order to effect proper billing and collection of the special tax, so that the special taxes shall be included on the secured property tax roll of the County of Alameda for fiscal year 2023-24 and for each fiscal year thereafter until the payment in full of the Services and any Bonds or such longer period of time provided in the Rate and Method. SECTION 6. SEVERABILITY If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes are found inapplicable to any particular parcel within the CFD by a court of competent jurisdiction, the balance of this Ordinance and the application of the special taxes to the remaining parcels within the CFD shall not be affected. SECTION 7. POSTING OF ORDINANCE The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be posted in at least 3 public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect 30 days from the date of final passage. PASSED, APPROVED, AND ADOPTED this day of , 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 5