ORDINANCE NO. 0-2024-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN
THE CITY OF PLACENTIA COMMUNITY FACILITIES DISTRICT
NO. 2024-01 (OLD TOWN MAINTENANCE SERVICES)
A. Recitals.
(i) On January 23, 2024, the City Council of the City of Placentia "City Council"), has previously adopted Resolution No. R-2024-04 entitled "Resolution of Intention of the City Council of the City of Placentia to Establish Community Facilities District No. 2024- 01 (Old Town Maintenance Services) of the City of Placentia and to Authorize the Levy of a Special Tax within Community Facilities District No. 2024-01 (Old Town Maintenance Services) of the City of Placentia" ("Resolution of Intention"), stating its intention to conduct proceedings to form Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with § 53311 of the California Government Code ("Act") to finance certain services ("Services") including incidental expenses, to serve the CFD.
(ii) The Resolution of Intention set March 5, 2024, at 7:00 p.m., or as soon thereafter as practical, as the date and time of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD ("Rate and Method").
(iii) A notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act. (iv) At the public hearing, evidence was presented to the City Council on such matter before it, including a special report ("Report") describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by § 53321.5 of the Act.
(v) At the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held. (vi) At the conclusion of the public hearing, the City Council adopted a resolution entitled "Resolution of Formation of the City Council of the City of Placentia Establishing Community Facilities District No. 2024-01 (Old Town Maintenance Services); Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" ("Resolution of Formation") which established the CFD and authorized the levy of a special tax within the CFD.
Ordinance 0-2024-03
(vii) On March 5, 2024, a special election was held among the landowner voters within the CFD at which time such voters approved such propositions by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this Council.
(viii)The City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
(ix) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF PLACENTIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. In all respects, the foregoing recitals are true and correct and are incorporated herein.
SECTION 2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council hereby authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in Exhibit "C" to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein. The Special Taxes are hereby levied commencing in fiscal year 2024-2025 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method.
SECTION 3. Annual Rate Determination. The City Council is hereby further authorized to determine, by resolution, on or before August 1 of each year, the specific special tax to be levied on each parcel of land in the CFD. The special tax to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a minimum rate. The CFD Administrator is authorized and directed to file with the county auditor on or before the 10th day of August of each tax year a certified copy of such resolution accompanied by a list of all parcels subject to the special tax levy with the tax to be levied on each parcel.
SECTION 4. Exempt Property. Except as provided in § 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of § 53317 of the Act, or except as otherwise provided in § 53317.3 of the Act, pursuant to § 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference hereby is made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
SECTION 5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax Ordinance 0-2024-03
shall be levied only so long as needed for the purposes as described in the Resolution of Formation.
SECTION 6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penal ties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of § 53356.1 of the Act shall apply to any delinquent Special Tax payments.
SECTION 7. Authorization. The specific authorization for adoption of the Ordinance is § 53340 of the Act.
SECTION 8. Severabilitv. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect and the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD, shall not be affected.
SECTION 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on March 5, 2024.
PASSED, APPROVED AND ADOPTED this t" day of March 2024.
Jeremy Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Ordinance 0-2024-03
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 5th day of March, 2024, and adopted at a regular meeting of the City Council of the City of Placentia, held on the _t" day of March 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance 0-2024-03