HomeMy WebLinkAboutOrd 06-17 Levying a Special Tax Relating to Dublin Community Facilities District No. 2017-1 Dublin Crossing ORDINANCE NO. 06 — 17
AN ORDINANCE OF THE CITY COUNCIL
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; and
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 Council, 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 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
Ord No. 06-17, Adopted 7/18/2017, Item No. 4.4 Page 1 of 2
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 billing 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 this 18th day of July 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
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Mayor
ATTEST:
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City Clerk
Ord No. 06-17, Adopted 7/18/2017, Item No. 4.4 Page 2 of 2