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ORDINANCE NO. 3385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CORONA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(BEDFORD) OF THE CITY OF CORONA LEVYING
SPECIAL TAXES
______________________________________________________________________________ WHEREAS, the City Council of the City of Corona (the “City Council”) has previously formed Community Facilities District No. 2018-1 (Bedford) of the City of Corona (the “Community Facilities District”); and
WHEREAS, the City Council adopted Ordinance No. 3278 on July 5, 2018 (the “Original Ordinance”) levying special taxes in the Community Facilities District and Ordinance No. 3385 on November 1, 2023 (the “2023 Ordinance”) levying special taxes on territory annexed to the Community Facilities District as Annexation No. 1, pursuant to the Rate and Method of Apportionment for Improvement Area No. 3 and Improvement Area No. 4 of Community Facilities District No. 2018-1 (Bedford) of the City of Corona attached to the resolution forming the Community Facilities District (the “Original RMAs”); and WHEREAS, the City Council has conducted proceedings within Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California (the “Act”) to amend and restate the Original RMAs; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to amend and restate the Original RMAs and to implement, among other things, changes in the rates of special tax to be levied on parcels of taxable property in Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District, as provided in the Amended and Restated Rate and Method of Apportionment For Improvement Area No. 3 and Improvement Area No. 4 of Community Facilities District No. 2018-1 (Bedford) of the City of Corona (together, the “Amended and Restated RMAs”); and WHEREAS, the City Council has held a noticed public hearing as required by the Act relative to the determination to proceed with adoption of the Amended and Restated RMAs; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to consideration of the Amended and Restated RMAs of the Community Facilities District and the levy of said special taxes therein were heard, substantial evidence was presented and considered by the City Council, and a full and fair hearing was held; and 29728.00015\41690558.1
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WHEREAS, subsequent to said hearing, the City Council adopted a resolution calling for a consolidated special election of Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District on propositions regarding the amendment and restatement of the Original RMAs; and
WHEREAS, an election was held within Improvement Area No. 3 and Improvement Area NO. 4 of the Community Facilities District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act; and WHEREAS, this Ordinance and the Amended and Restated RMAs shall govern the levy of special taxes with respect to Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District, and the Original Ordinance and the 2023 Ordinance shall no longer control with respect to the levy of special taxes in Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 (BEDFORD) OF THE CITY OF CORONA, DOES HEREBY ORDAIN AND DETERMINE AS FOLLOWS:
SECTION 1. By the passage of this Ordinance, the City Council hereby authorizes and levies special taxes within Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District pursuant to California Government Code Sections 53328 and 53340, at the respective rates and in accordance with the Amended and Restated RMAs, as set forth in Exhibit “A” and “A-1” to Resolution No. 2023-097 adopted by the City Council on September 20, 2023 and attached hereto as Exhibit A. The special taxes for Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District are hereby levied commencing in Fiscal Year 2024-25 and in each fiscal year thereafter, pursuant to the Amended and Restated RMAs, until payment in full of any bonds issued by Improvement Area No. 3 or Improvement Area No. 4 of the Community Facilities District (the “Bonds”), payment of all costs of the facilities to be paid with such funds, and payment of all costs of administering the Community Facilities District.
SECTION 2. The City Council is hereby further 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 Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District, in the manner and as provided in the Amended and Restated RMAs.
SECTION 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Amended and Restated RMAs for the Community Facilities District. In no event shall the special taxes to be levied on any parcel within Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District be in excess of the maximum tax specified in the Amended and Restated RMAs.
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SECTION 4. All of the collections of the special tax for Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District shall be used as provided for in the Act, the Amended and Restated RMAs, and in the Resolution of Formation adopted on June 20, 2018, including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for any such Bonds, the payment of the costs of the public facilities for Improvement Area No. 3 and Improvement Area No 4 of the Community Facilities District, the payment of the costs of City of Corona in administering the Community Facilities District and the costs of collecting and administering the special taxes levied in the Community Facilities District.
SECTION 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the Community Facilities District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The City of Corona is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the Community Facilities District in each fiscal year as provided in the Amended and Restated RMAs of the Community Facilities District.
The special taxes 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. In addition, the provision of Section 53356.1 of the Act shall apply to delinquent special tax payments.
SECTION 6. 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 Improvement Area No. 3 or Improvement Area No. 4 of the Community Facilities District, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within Improvement Area No. 3 and Improvement Area No. 4 of the Community Facilities District shall not be affected.
SECTION 7. The Mayor shall sign this ordinance and the City Clerk of the City shall attest thereto and shall, within fifteen days of its adoption, cause this Ordinance, or a summary of this Ordinance, to be published in a newspaper of general circulation in the City of Corona. This Ordinance shall take effect and be in force 30 days after its adoption. 29728.00015\41690558.1
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PASSED, APPROVED AND ADOPTED this ___(th) day of ________, _____. ____________________________________
Mayor of the City of Corona, California
ATTEST:
______________________________________
City Clerk of the City of Corona, California
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5 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held on the ___(th) day of __________, _____ and thereafter at a regular meeting held on the ___(th) day of __________, _____, it was duly passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this ___(th) day of __________, _____.
City Clerk of the City of Corona, California
[SEAL]
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A-2
EXHIBIT A
AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT
FOR IMPROVEMENT AREA NO. 3 AND IMPROVEMENT AREA NO. 4
[SEE ATTACHED]