HomeMy WebLinkAbout4.4 - 1518 Second Reading of Ordinance Levying Special
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STAFF REPORT
CITY COUNCIL
DATE: July 18, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Second Reading of Ordinance - Levying a Special Tax Within and Relating
to Community Facilities District No. 2017-1 (Dublin Crossing - Public
Services)
Prepared by: Andrew Russell, Asst PW Dir/City Engineer and Lauren
Quint, Asst City Attorney
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance levying special taxes within
Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). The
special taxes will fund the maintenance of public street lighting and public landscaping
within the Boulevard development project.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Levying Special Taxes within
Community Facilities District No. 2017-1 (Dublin Crossing – Public Services).
FINANCIAL IMPACT:
The adoption of the ordinance has no direct fiscal impact on the City. The special tax
will be levied on parcels of real property on the secured property tax roll of Alameda
County that are within the boundaries of Community Facilities District No. 2017 -1
(Dublin Crossing – Public Services) (“CFD No. 2017-1). The special taxes collected
within CFD No. 2017-1 will be used for the maintenance of public street lights, public
landscaping, and for administration of CFD No. 2017-1.
DESCRIPTION:
On June 20, 2017, the City Council held a Public Hearing and took the following actions
forming City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing –
Public Services:
1. Adopted a Resolution Forming and Establishing City of Dublin Community
Facilities District No. 2017-1 (Dublin Crossing – Public Services)
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2. Adopted a Resolution Calling a Special Mailed-Ballot Election of the Proposition
of Levying Taxes within Community Facilities District No. 2017 -1 (Dublin
Crossing – Public Services).
3. Adopted a Resolution Declaring the Results of the Special Mailed -Ballot Election
for Community Facilities District No. 2017-1 (Dublin Crossing – Public Services).
4. Waived the Reading and Introduced the Ordinance Levying Special Taxes Within
Community Facilities District No. 2017-1 (Dublin Crossing – Public Services).
The City Council will now consider adopting the Ordinance Levying Special Taxes within
CFD CFD No. 2017-1. If adopted, the Ordinance will be published in the newspaper.
The adopted Ordinance will take effect thirty days after adoption.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Publication of the Ordinance in the newspaper will occur within fifteen (15) days of the
adoption of the Ordinance.
ATTACHMENTS:
1. Ordinance Levying Special Taxes Within Community Facilities District No. 2017-1
(Dublin Crossing – Public Services)
ATTACHMENT 1
ORDINANCE NO. xx – 17
AN ORDINANCE OF THE CITY OF DUBLIN LEVYING A SPECIAL TAX WITHIN AND
RELATING TO THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1
(DUBLIN CROSSING – PUBLIC SERVICES)
* * * * * * * * * * * * * *
WHEREAS, by legal proceedings taken by the City Council (the “City Council”) of the City of
Dublin (the “City”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311
and following, California Government Code; hereafter in this ordinance, the “Act”), together with
the voter approval received at a special election held on June 20, 2017, the City Council has
been authorized to levy a special tax (the “Special Tax”) upon all nonexempt property within the
City of Dublin Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services)
(“CFD No. 2017-1”); and
WHEREAS, as set forth in the resolution entitled, “Resolution of Formation of a Community
Facilities District; Conditional Authorization to Levy a Special Tax; and Conditional
Establishment of an Initial Appropriations Limit for CFD No. 2017-1 (the “Resolution of
Formation”), the Special Tax is to be levied on the nonexempt property within CFD No. 2017 -1
in accordance with the applicable rate and method of apportionment of special tax (the “RMA”)
attached to the Resolution of Formation as Exhibit B.
WHEREAS, having received voter approval at the June 20 special election, the City Council
now wishes by this ordinance to levy the special tax in accordance with the Resolution of
Formation and the Act;
NOW, THEREFORE, the City Council of the City of Dublin hereby ordains as follows:
SECTION 1: LEVY OF SPECIAL TAX
Pursuant to Sections 53328 and 53340 of the Act, and in accordance with the applicable RMA,
as recited above, the Special Tax is hereby levied on all nonexempt parcels within CFD No.
2017-1.
SECTION 2: LEVY OF SPECIAL TAX
Without limiting the generality of the foregoing Section 1, the Special Tax shall be levied on the
nonexempt parcels within CFD Np. 2017-1 in accordance with the terms and conditions of the
RMA. The first Fiscal Year for which the Special Tax shall be levied shall be 2017 -18 or such
subsequent Fiscal Year as may be determined in accordance with the RMA.
SECTION 3: ANNUAL DETERMINATION OF SPECIAL TAX AMOUNTS
The officer of the City designated as the “Administrator” (as said term is defined in the RMA),
with the aid of the appropriate officers, agents and consultants of the City, is authorized and
directed to determine each Fiscal Year, without further action by the City Co uncil, the amount of
the Special Tax on each nonexempt parcel in accordance with the RMA applicable to each such
nonexempt parcel and to provide all necessary and appropriate information to the Alameda
ATTACHMENT 1
County Auditor in proper form and in the proper time to effect the correct and timely billing and
collection of the Special Tax in the same manner and at the same time as ordinary ad valorem
property taxes levied by Alameda County (the “County”) on each nonexempt parcel; provided
that, as provided in the Resolution of Formation and Section 53340 of the Act, the City reserves
the right to utilize any method of collecting the Special Tax which it shall, from time to time,
determine to be in the best interests of the City, including but not limited to direct bill ing by the
City to the property owners and supplemental billing.
SECTION 4: ADJUSTMENTS TO CORRECT COMPUTATIONAL ERRORS AUTHORIZED
The Administrator, with the aid of the appropriate officers, agents and consultants of the City,
are authorized to make adjustments to the amount of the Special Tax for any nonexempt parcel
prior to the final posting of the annual Special Tax to the secured property tax roll of the County
each Fiscal Year, as may be necessary to correct any computational error which has been
timely discovered or to achieve a correct match between the Special Tax amount being levied
and the assessor’s parcel number finally utilized by the County in sending out property tax bills.
SECTION 5: SEVERABILITY
If for any cause any portion of this Ordinance is found inapplicable to a particular parcel by a
court of competent jurisdiction, the balance of this Ordinance and the application of the Special
Tax to the remaining parcels, shall not be affected. The provisions of this Ordinance are
severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to
other persons or circumstances.
SECTION 6: EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days of its
adoption, this ordinance shall be published at least once in a newspaper of general circulation
published and circulated in the City of Dublin.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
18th day of July, 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
ATTACHMENT 1
___________________________________
City Clerk