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HomeMy WebLinkAboutOrd. 1552-2018 (18-253)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1552 -2018 File Number: 18 -253 Enactment Number: ORD 1552 -2018 ORDINANCE LEVYING SPECIAL TAX WITHIN THE CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES AND FACILITIES). WHEREAS, on October 11, 2017, this City Council adopted Resolution No. 17 -981 entitled "Resolution of Intention to Establish a City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities" (the "Resolution of Intention "), and has conducted proceedings (the "Proceedings ") to establish the "City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities)" (the "CFD ") under the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the "Act') to fund certain public services (the "Services) and public facilities (the "Facilities ") as provided in the Act; and WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, this City Council held a public hearing on December 4, 2017, as called pursuant to the Resolution of Intention 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 fund the Public Services and 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 City Council and a full and fair hearing was held; and WHEREAS, on December 4, 2017, this City Council adopted Resolution No. 17 -1124 entitled "Resolution of Formation of Community Facilities District, City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities)" (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; and WHEREAS, on March 14, 2018, 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 has been confirmed by resolution of this City Council. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described below, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Authorization of Special Tax City of South San Francisco Page 1 File Number., 18 -253 Enactment Number. ORD 1552 -2018 1. By the passage of this Ordinance, this City Council hereby authorizes and levies the Special Tax within CFD No. 2017 -01 (Public Services and Facilities) pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Rate and Method of Apportionment as set forth in Exhibit B of the Resolution of Formation, which is incorporated herein by reference. The Special Tax is hereby levied commencing in fiscal year 2018 -19 and in each fiscal year thereafter to pay for the Public Services and Facilities and all costs of administering the CFD, as contemplated by the Resolution of Formation and the Proceedings. 2. The Director of Finance 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. 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. 4. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Public Services and Facilities, the payment of City costs in administering the CFD, and the costs of collecting and administering the Special Tax. 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 this City Council may by resolution provide for other appropriate methods of collection of the Special Tax. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Finance Director is hereby authorized and directed to provide all necessary information to the auditor /tax collector of the County of San Mateo 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 County of San Mateo for fiscal year 2018 -19 and for each fiscal year thereafter until no longer required to pay for the Services or Facilities or until otherwise terminated by the City. SECTION 2. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional or if the Special Tax is found inapplicable to any particular parcel within the CFD by a court of competent jurisdiction, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. City of South San Francisco Page 2 File Number: 18 -253 SECTION 3. Publication and Effective Date Enactment Number: ORD 1552 -2018 Pursuant to the provisions of Government Code section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 14th day of March, 2018. At a meeting of the City Council on 3/28/2018, a motion was made by Mark Addiego, seconded by Richard Garbarino, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego Attest a i�elli 7 000 i1_I. w -,0 i • • • City of South San Francisco Page 3