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HomeMy WebLinkAboutORDINANCES - 06192001 - 2001-11 13052-25 JH:DJO:brr 5/30/01 ORDINANCE No . 2001-11 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2001-1 (Norris Canyon) WHEREAS, On May 1, 2001, the Board of Supervisors (the "Board") of the County of Contra Costa (the "County"), adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District" stating its intention to establish Community Facilities District No. 2001-1 (Norris Canyon) of the County (the "CFD") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the "Act"), to finance the acquisition of certain facilities (the "Facilities'); and WHEREAS, Notice was published as required by tine Act relative to the intention of the Board to form the CFD and to provide for the Facilities; and WHEREAS, The Board has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to finance the costs of the Facilities; and WHEREAS, At said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this Board and. a full and fair hearing was held; and WHEREAS, Subsequent to the hearing, this Board of Supervisors adopted resolutions entitled "A Resolution of Formation of Community Facilities District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to incur Bonded Indebtedness" (the "Resolution Determining Necessity") and "A Resolution Calling Special Election", which resolutions established the CFD, authorized the levy of a special tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and WHEREAS, On June 5, 2001, a special election was held within the CFD at which the eligible landowner-electors approved such propositions by the two-thirds vote required by the Act; NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA DOES HEREBY ORDAIN as follows: Section 1. By the passage of this Ordinance the Board hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2001-2002 and in each fiscal year thereafter until payment in full of any bonds issued by the County for the CFD (tile "Bonds"), as contemplated by the Resolution of Formation and the Resolution Determining Necessity, and all costs of administering the CFD. Section 2. The Auditor-Controllerof the County is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount 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. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation. Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the County in administering the CFD, and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected either by direct billing of the property owner or in the same manner as ordinary ad valorem taxes are collected and, in either case, 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 the Board may provide for other appropriate methods of collection by resolutions of the Board. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Auditor-Controllerof the County is hereby authorized and directed thereafter 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 Contra Costa for fiscal year 2001-2002 and for each fiscal year thereafter until the Bonds are paid in full; provided, however, that the special tax shall continue to be collected for the purposes of providing for the acquisition and construction of the Facilities and the administrative expenses thereof so long as such Facilities are provided. 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 CFD, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected. Section 7. The Chair of the Board shall sign this Ordinance and the Clerk of the Board shall 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 County. 2 Section 8. This Ordinance shall take effect 30 days from the date of final passage. The foregoing Ordinance was introduced by the Board of Supervisors of the County of Contra Costa, State of California, on the 5th day of June, 2001, and finally adopted on the 19 t day of .Tune 2001 by the following vote to wit: AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE or Chair ATTEST: --r John Sweeten County Administrator and Clerk of the Board of Supervisors By: Deputy Clerk 3