1 ORDINANCE NO. 866
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WEST
PATTERSON FINANCING AUTHORITY LEVYING SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-1
(BALDWIN RANCH INFRASTRUCTURE)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the “Act”), on September 4, 2018, this Board of Directors (the “Board”) of the West Patterson Financing Authority (the “Authority”), adopted its resolution entitled “Resolution of Intention to Establish Community Facilities District” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “West Patterson Financing Authority Community Facilities District No. 2022-1 (Baldwin Ranch Infrastructure)” (the “CFD”) pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain facilities (the “Facilities”) as provided in the Act; WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the Board has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax (“Special Tax”) to be levied within the CFD to finance the Facilities, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Board and a full and fair hearing was held;
WHEREAS, upon the conclusion of the hearing, this Board adopted its “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), pursuant to which it completed the Proceedings for the establishment of the CFD, the authorization of the levy of the Special Tax within the CFD and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD, respectively; and
WHEREAS, on November 15, 2022, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE WEST PATTERSON FINANCING AUTHORITY as follows:
Section 1. By the passage of this Ordinance, the Board hereby authorizes and levies the Special Tax within the CFD pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2022-23 and in each fiscal year thereafter to pay for the Facilities for the CFD, as contemplated by the Resolution of Formation and the Proceedings and all costs of administering the CFD.
Section 2. The Treasurer of the Authority or designee, or an employee or consultant of the Authority, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation. 2 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 CFD 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 for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on bonds and other debt (as defined in the Act) issued by the Authority for the CFD (the “Bonds”), the replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities, the payment of the costs of the Authority in administering the CFD, 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 Board may provide for other appropriate methods of collection by resolution(s) of the Board. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Treasurer of the Authority is hereby authorized and directed to provide all necessary information to the auditor/tax collector of Stanislaus County in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the Stanislaus County for fiscal year 2019-20 and for each fiscal year thereafter until the Bonds are paid in full or such longer period of time provided in the Rate and Method.
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 CFD, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
Section 7. The Chair shall sign this Ordinance and the Secretary shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the Authority.
3 Section 8. This Ordinance shall take effect 30 days from the date of final passage. * * * * * * * * *
The foregoing ordinance was introduced by the following vote at the meeting of the Board of Directors of the West Patterson Financing Authority held on the 15th day of November 2022, by _________________, who moved its introduction, which motion being duly seconded by _____________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council held on the 6th, day of December 2022, and after such reading, ________________ moved its adoption, seconded by ____________________, and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord, CHAIR
ATTEST:
____________________________
Aracely Alegre, SECRETARY