ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE) AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT WHEREAS, The City Council of the City of Rialto, California (the “City Council”), in its capacity as the legislative body (the “Legislative Body”) of the City of Rialto Community Facilities District No. 2024-1 (Renaissance) (the “District”), does hereby ordain as follows:
SECTION 1. The City Council (the “City Council”) of the City of Rialto (the “City”) has heretofore conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, for the establishment of the City of Rialto Community Facilities District No. 2024-1 (Renaissance) (the “District”), to finance facilities, including fees related thereto, with an estimated useful life of five years or longer, which the District is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development occurring within the proposed District (the “Facilities”), and to finance services which the District is authorized by law to provide (the “Services”), as further described in Resolution No. 8255 (the “Resolution of Intention”), and for the authorization of the District to incur bonded indebtedness in the maximum aggregate principal amount of not to exceed $25,000,000 to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities.
SECTION 2. On September 10, 2024, following a noticed public hearing as required by the Act, the City Council adopted Resolution No. ______ (the “Resolution of Formation”) determining the validity of prior proceedings and establishing the District. On September 10, 2024, an election was held within the District in which the qualified electors approved by more than two-thirds vote the proposition of levying the special taxes within the District (the “Special Taxes”), incurring bonded indebtedness, and setting an appropriations limit for the District.
SECTION 3. By the passage of this Ordinance, the City Council authorizes the levy of Special Taxes within the boundaries of the District pursuant to the formula set forth in the Rate and Method of Apportionment of Special Tax set forth in Exhibit “A” attached hereto and incorporated by reference, or as may be modified or amended from time to time by a resolution of change adopted pursuant to the provisions of the Act (the “RMA”), in an amount necessary to pay all of the costs of providing the Facilities and the Services, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness.
SECTION 4. The City Council or its designee is hereby further authorized to determine, by ordinance, resolution, or by other action if permitted by then applicable law, on or before August 1 of each year, the specific Special Taxes to be levied on each parcel of land in the District. The Special Taxes to be levied within the District shall not exceed the maximum rates set forth in Exhibit “A,” but the Special Taxes may be levied at a lower rate.
The City Clerk 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 ordinance, resolution or other action accompanied by a list of all parcels subject to the Special Taxes for facilities and services to be levied on each parcel.
SECTION 5. Properties within the District of the state, federal or other local governments shall be exempt from the above-referenced and approved Special Taxes only to the extent set forth in Exhibit “A” hereto and otherwise shall be subject to the Special Taxes consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance.
SECTION 6. All of the collections of the Special Taxes shall be used only as provided for in the Act and the Resolution of Formation. The Special Taxes shall be levied only so long as needed to accomplish the purposes described in the Resolution of Formation, except that the Special Taxes related to Services shall be levied in perpetuity.
SECTION 7. The Special Taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected, or other procedures as may be adopted by the City Council. The City Manager and Finance Director are each hereby authorized and directed to provide or to cause to be provided all necessary information to the auditor/tax collector of the County of San Bernardino and to otherwise take all actions necessary in order to effect proper billing and collection of the Special Taxes, so that the Special Taxes shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year until the applicable District bonds are paid in full, the Facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. The Special Taxes for the Services shall be levied perpetually. The Special Taxes may be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or this City Council from time to time.
Notwithstanding the foregoing, the City Manager may collect, or cause to be collected, one or more installments of the Special Taxes by means of direct billing by the District of the property owners within the District, if, in the judgment of the City Manager, such means of collection will reduce the administrative burden of the District in administering the District where it is otherwise appropriate in such circumstances. In such event, the Special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners.
Whether the Special Taxes are levied in the manner provided in the first or the second preceding paragraph, 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 provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments.
SECTION 8. As a cumulative remedy, if any amount levied as a Special Tax for Facilities for payment of bond interest or principal, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal of such bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such Special Tax.
SECTION 9. This Ordinance relating to the levy of the Special Taxes shall take effect immediately upon its final passage in accordance with the provisions of Section 36937(a) of the Government Code, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Government Code.
SECTION 10. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen (15) days following final passage by the City Council of this Ordinance.
SECTION 11. The Mayor shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.
SECTION 12. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 10th day of SEPTEMBER, 2024. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2024.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2024. ________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT A
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE)
RATE AND METHOD OF APPORTIONMENT
(to be attached)
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