ORDINANCE NO. 2022-1513
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98 -02 (LIGHTING, LANDSCAPING, OPEN S PACE
AND PRESERVE MAINTEN ANCE), AUTHORIZING THE LEVY OF A SPECIAL
TAX IN AN IMPROVEMENT AREA OF SUCH COMMUNITY FACILITIES
DISTRICT
ANNEXATION NO. 142, IMPROVEMENT AREA F-58
WHEREAS, the CITY COUNCIL, of the CITY OF SAN MARCOS, CALIFORNI A (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in an improvement area within a community facilities district, a ll as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982”, being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of San Marcos Community Fa cilities District Ordinance enacted pursuant to the powers reserved by the City of San Marcos under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). The existing Community Facilities District has been designated as COMMUNITY FACILITIE S DISTRICT NO. 98 -02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) (the “District”).
WHEREAS, the territory that has been annexed to the District shall be known and designated as IMPROVEMENT AREA F-58 (the “Territory”).
BE IT ORDAINED AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the Territory pursuant to the rate and method of apportionment of the special taxes as set forth in Exhibit “A” attached hereto (the “Rate and Method”), referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the Distri ct, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Rate and Method, but the special tax may be levied at a lower rate.
SECTION 3. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes ; however, as applicable, this City Council may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of San Marcos, acting for and on behalf of the District.
SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax is prepaid, per manently satisfied and cancelled in accordance with Section 53344 of the Government Code of the State of California
or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions o f Government Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Marcos, California, held the 11th day of January, 2022 and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun cil of the City of San Marcos, California, held on the __ day of January, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
Exhibit A
Rate and Method of Apportionment