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HomeMy WebLinkAboutMINUTES - 05191992 - 1.19 ORDINANCE NO. 92-38 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA LEVYING SPECIAL TAXES WITHIN THE COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1992-1 (PLEASANT HILL BART STATION AREA) County of Contra Costa Community Facilities District No.1992.1 (Pleasant Hill BART Station Area) WHEREAS, on April 7, 1992, this Board of Supervisors adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to establish the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice.was published as required by the Act relative to the intention of this Board of Supervisors to form the District and to provide for the financing of the Facilities; WHEREAS, this Board of Supervisors has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at'said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this Board of Supervisors and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this Board of Supervisors adopted resolutions entitled "A Resolution of Formation of County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the _Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and ORDINANCE NO. 92-38 WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the-two-thirds vote required by the Act. NOW, THEREFORE, the Board of Supervisors of the County of Contra Costa ordains as follows: Section 1. By the passage of this Ordinance this Board of Supervisors hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Intention which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1992- 93 and in each fiscal year thereafter until payment in full of any bonds of the County issued for the District (the "Bonds") and all costs of administering the District. -Section 2. The Auditor - Controller of the County of Contra Costa 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 District, in the manner and as provided in the Resolution of Intention and the Resolution of Formation and any fiscal agent agreement for the Bonds. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the rate and method of apportionment of special taxes included by reference in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the rate and method of apportionment of special taxes included by reference in the Resolution of Formation. Section 4. All of the collections of the special tax shall be used as provided for in the Act, in the Resolution of Formation and any fiscal agent agreement for the Bondsincluding, but not limited to, the payment of principal and interest on the Bonds, the payment of the costs of the County in administering the District and the costs of collecting and administering the "special tax. Section 5. The special taxes 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. In addition, the provisions of Section 53356.1 of the.Act shall apply to delinquent special tax payments. The Auditor - Controller of the County is hereby authorized and directed to provide all necessary information to the appropriate officials of the County in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured real property tax roll.of the County for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are paid in full.. 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 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,District shall not be affected. Section 7. The Chair 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 area of the District. 92,38 -2- f Section 8. This Ordinance shall take effect 30 days from the date of final passage. o ' I hereby certify that the foregoing Ordinance was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 19th day of May , 1992, by the following vote of the Board: AYES: Supervisors Powers , Fanden, Torlakson, McPeak NOES: Suvervisor Schroder r .. ABSENT: None ATTEST: . Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Chair, Board of Supervisors By. Deputy 92-38 -3-