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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: TWR Ordinance No. ________
BILL NO.____________
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
WHEREAS, this City Council (the City Council) of the City of Fresno (the City) on October 20, 2022, adopted Resolution No. 2022-235 entitled “A Resolution of the City Council of the City of Fresno, State of California, Declaring its Intention to Es tablish a Community Facilities District and Future Annexation Area and to Authorize the Levy of Special Taxes” (the Resolution of Intention) and has conducted proceedings (the Proceedings) to establish the City of Fresno Community Facilities District No. 18 (Public Safety Services) (the District) pursuant to Article 3 of Chapter 8 of the Municipal Code of the City of Fresno and the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the Act) to finance the costs police and fire safety/protection/suppression services (the Services) as provided in the Act; and
WHEREAS, the Resolution of Intention called for a public hearing to be held on December 1, 2022, or as soon thereafter as the matter may be heard; and WHEREAS, on December 1, 202 2, and as part of the Proceedings, this City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and Future Annexation Area and the rate and method of 2 of 5
apportionment of the special tax (the Special Tax ) to be levied within the District to finance the Services and, at such hearing, all persons desiring to be heard on all matters pertaining to the formation of the Dist rict and Future Annexa tion Area and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council, and a full and fair public hearing was held; and WHEREAS, upon the conc lusion of the hearing, this City Council adopted a resolution entitled “A Resol ution of the City Council of the City of Fresno , State of California, Establishing the Formation of a Community Facilities District and Future Annexation Area” (the “Resolution of Formation”), whereby the City Council (i) established the District and Fut ure Annexation Area, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and
WHEREAS, on December 1, 2022, a special el ection was held among t he landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Fresno of a Notice of Special Tax Lien (the Notice).
THE CITY COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of app ortionment of Special Tax set forth in the 3 of 5
Resolution of Formation, which rate and method is by this reference incorporated herein.
The Special Tax is hereby levied commencing in fiscal year 2022-2023 and in each fiscal year thereafter to pay for the Services for th e District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.
SECTION 2: The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and direct ed each fi scal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.
SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.
SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the Special Tax.
SECTION 5: The Special Tax 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 valorem taxes; provided, however, that the City Council may provide for other appropriate m ethods of collection by resolution(s) of the City Council. T he Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Fresno in order to effect proper billing and 4 of 5
collection of the Special Tax, so that the Sp ecial Tax shall be i ncluded on the secured property tax roll of the County of Fresno for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.
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 the District by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its pass age at least once in a newspaper of general circulation for the City.
SECTION 8: This Ordinance shall become effective 30 days following adoption. ******************************
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Taylor W. Rhoan D ate
Deputy City Attorney