HomeMy WebLinkAboutO-1661 levying special taxes within the City of San Luis Obispo Community Facilities District No 2019-1 San Luis RanchORDINANCE NO. 1661 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY
OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-
1 (SAN LUIS RANCH)
WHEREAS, on February 19, 2019, the City Council (the "City Council") of the City of
San Luis Obispo (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982 (the
"Act"), adopted a resolution entitled "A Resolution of the City Council of the City of San Luis
Obispo, California of Intention to Establish a Community Facilities District and to Authorize the
Levy of Special Taxes" stating its intention to establish City of San Luis Obispo Community
Facilities District No. 2019-1'(San Luis Ranch) (the "Community Facilities District") and to
finance certain public facilities (the "Facilities");
WHEREAS, on April 2, 2019, the City Council held a noticed public hearing on the
establishment of the Community Facilities District, as required by the Act;
WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions
entitled "A Resolution of the City Council of the City of San Luis Obispo, California of Formation
of the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch),
Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing
an Appropriations Limit for the Community Facilities District" (tile "Resolution of Formation"),
"A Resolution of the City Council of the City of San Luis Obispo, California Deeming it Necessary
to Incur Bonded Indebtedness within City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch)" and "A Resolution of the City Council of the City of San Luis Obispo,
California Calling Special Election for City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch)," which resolutions established the Community Facilities District,
authorized the levy of a special tax within the Community Facilities District and called an election
within the Community Facilities District on the proposition of incurring indebtedness, levying a
special tax within the Community Facilities District and establishing an appropriations limit for
the Community Facilities District, respectively; and
WHEREAS, on April 2, 2019, an election was held in which the qualified electors of the
Community Facilities District approved said proposition by more than the two-thirds vote required
by the Act;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in
accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation
(the "Rate and Method of Apportionment"). The special taxes are hereby levied commencing in
fiscal year 2019-20, 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 of Apportionment.
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Ordinance No. 1661 (2019 Series) Page 2
SECTION 2. The City Council may, in accordance with subdivision (b) of Section 53340
of the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate
or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be
levied on any parcel within the Community Facilities District in excess of the maximum tax
specified therefor in the Rate and Method of Apportionment.
SECTION 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
SECTION 4. The proceeds of the special tax shall only be used to pay, in whole or in
part, the cost of providing the Facilities and incidental expenses pursuant to the Act.
SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure, sale
and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another
procedure is adopted by the City Council.
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 Community Facilities
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 Community Facilities District shall not be
affected.
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Ordinance No. 1661 (2019 Series)
Page 3
This Ordinance shall take effect and shall be in force 30 days after the date of its adoption
and prior to the expiration of 15 days from the passage thereof shall be published at least once in
the New Times, a newspaper of general circulation, printed and published in the City of San Luis
Obispo, State of California, together with the names of the City Council members voting for and
against the same.
INTRODUCED on the 2nd day of April 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 16th day of April 2019, on the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Teresa Purrington
City Clerk
Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
None
None
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this day of ; , 2019.
Teresa Purrington
City Clerk
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