HomeMy WebLinkAboutOrd 12-18 Levying a Special Tax Within and Relating to Dublin Community Facilities District 2015-1 (Dublin Crossing) ORDINANCE NO. 12 — 18
AN AMENDED AND RESTATED ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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LEVYING A SPECIAL TAX WITHIN AND RELATING
TO THE CITY OF DUBLIN COMMUNITY FACILITIES
DISTRICT NO. 2015-1 (DUBLIN CROSSING)
RECITALS
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; hereinafter, the "Act"), together with the voter approval
received at a special election held on June 2, 2015, 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. 2015-1 (Dublin Crossing) ("CFD No. 2015-1"); and
WHEREAS, as set forth in the resolution entitled, "Resolution of Formation of a Community
Facilities District, Including Designation of Improvement Area No. 1 and Future Annexation Area;
Conditional Authorization to Levy a Special Tax; and Conditional Establishment of Initial
Appropriations Limit for Improvement Area No. 1" (the "Resolution of Formation"), the Special Tax is
to be levied on the nonexempt property within each of five separate improvement areas of CFD No.
2015-1 (each, an "Improvement Area") in accordance with the applicable rate and method of
apportionment of special tax, as initially attached to the Resolution of Formation as Exhibits B
through F thereto, and as may be modified or amended from time-to-time (each, an "RMA"); and
WHEREAS, pursuant to Ordinance No. 3-15, adopted by the City Council on June 16, 2015,
the City Council has been levying the Special Tax within CFD No. 2015-1; and
WHEREAS, the City Council wishes to amend and restate, in full, Ordinance No. 3-15 in order
to clarify the timing and amount of the levy of the Special Tax within CFD No. 2015-1.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1: LEVY OF SPECIAL TAX
Pursuant to Sections 53328 and 53340 of the Act, and in accordance with the applicable RMA for
each Improvement Area, the Special Tax is hereby levied on all nonexempt parcels within CFD No.
2015-1. As of the date of adoption of the Resolution of Formation, all of the property within CFD No.
2015-1 has been designated as Improvement Area No. 1.
SECTION 2: LEVY OF SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 1
Without limiting the generality of the foregoing Section 1, the Special Tax shall be levied on the on
exempt parcels within Improvement Area No. 1 in accordance with the terms and conditions of the
RMA for Improvement Area No. 1, in the form as set forth as an exhibit to the Resolution of Formation
or as may be modified or amended from time-to-time. The first Fiscal Year for which the Special Tax
shall be levied within Improvement Area No. 1 shall be 2015-16 or such subsequent Fiscal Year as
may be determined in accordance with the RMA for Improvement Area No. 1.
Ord No. 12-18, Adopted 11/20/18, Item 4.11 Page 1 of 3
SECTION 3: LEVY OF SPECIAL TAX WITHIN IMPROVEMENT AREA NOS. 2 THROUGH 5,
INCLUSIVE
Without limiting the generality of the foregoing Section 1, the Special Tax shall be levied on the
nonexempt parcels within each of Improvement Areas Nos. 2 through 5, inclusive, in accordance with
the corresponding RMA for such Improvement Area, in the form as set forth as an exhibit to the
Resolution of Formation or as may be modified or amended from time-to-time. The Special Tax shall
be levied on each nonexempt parcel within each of Improvement Areas No. 2 through 5, inclusive,
from the date of the annexation of such parcel into such Improvement Area, or such later date as set
forth in the unanimous approval form or other documents pursuant to which such parcel has annexed
into CFD 2015-1.
SECTION 4: ANNUAL DETERMINATION OF SPECIAL TAX AMOUNTS
The officer of the City designated as the "Administrator" (as said term is defined in each 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
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 5: 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 6: SEVERABILITY
The provisions of this Amended and Restated 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 7: POSTING OF ORDINANCE AND EFFECTIVE DATE
The City Clerk of the City of Dublin shall cause this Amended and Restated Ordinance 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. This Amended and Restated Ordinance shall take effect and be
enforced within 30 days following its adoption, and upon the effectiveness of this Amended and
Restated Ordinance, Ordinance 3-15 shall be no longer of any force or effect. If this Amended and
Ord No. 12-18, Adopted 11/20/18, Item 4.11 Page 2 of 3
Restated Ordinance does not become effective for any reason, Ordinance 3-15 shall remain in full
force and effect.
PASSED, APPROVED AND ADOPTED this 20th day of November 2018, by the following vote:
AYES: Councilmembers Goel Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
AA = /kir
Mayor
ATTEST:
peufi City Clerk
Ord No. 12-18, Adopted 11/20/18, Item 4.11 Page 3 of 3