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HomeMy WebLinkAboutMINUTES - 03232004 - C.26 ORDINANCE NO. 2004-09 ORDINANCE OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT LEVYING SPECIAL TAXES WITHIN THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) WHEREAS, on February 10, 2004, this Governing Board (the "Board")of the East Contra Costa Fire Protection District (the "District") adopted a resolution entitled "A Resolution of the Governing Board of the East Contra Costa Fire Protection District Declaring its 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 East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code(the"Law"),to fund certain services(the"Services"); WHEREAS,notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Governing Board to form the CFD and to provide for the costs of the Services; WHEREAS, the Resolution of Intention called for a public hearing on the CFD to be held on March 16, 2004, and on such date this Board held the public hearing as required by Law relative to the determination to proceed with the formation of the CFD and the levy of special taxes therein; WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the special taxes were heard, substantial evidence was presented and considered by this Board and a full and fair hearing was held; WHEREAS, subsequent to the hearing, this Board adopted resolutions entitled "A Resolution of the East Contra Costa Fire Protection District of Formation of East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) and Authorizing the Levy of a Special Tax Within the CFD"(the"Resolution of Formation"), and"A Resolution of the Governing Board of the East Contra Costa Fire Protection District Calling Special Election Within Community District No. 2004-1 (Fire Services)", which resolutions established the CFD and authorized the levy of a special tax with the CFD, and called an election within the CFD on the proposition of levying a special tax and establishing an appropriations limit for the CFD,respectively; and WHEREAS, on March 16, 2004 an election was held within the CFD in which the sole eligible landowner elector approved said propositions. NOW, THEREFORE, the Governing Board of the East Contra Costa Fire Protection District does hereby ORDAIN as follows: Section 1. By the passage of this Ordinance this Governing Board hereby authorizes and levies special taxes within the CFD,pursuant to the Law, at the rate and in accordance with the rate and method of apportionment of special taxes appended as Exhibit B to the Resolution of Intention (the "Rate and Method of Apportionment"), and approved by the Resolution of Formation, which Resolution of Intention is by this reference incorporated her-in. The special taxes are hereby levied commencing in fiscal year 200405 and in each fiscal year thereafter. Section 2. The Fire Chief of the District is hereby authorized and directed each fiscal year to determine, or to cause to be determined, the specific special tax rate and amount to be levied for each parcel of real property within the CFD, in the manner and as provided in the Rate and Method of Apportionment. Section 3. Properties or entities of the State, federal 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. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Rate and Method of Apportionment. Section 4. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of costs of providing the Services, and the costs of County of Contra Costa and the District incurred in administering the CFD and the levying and collecting the special tax. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the CFD on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes 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 California Government Code shall apply to delinquent special tax payments. The Fire Chief and the Auditor-Controller of the County of Contra Costa are hereby authorized and directed to take all actions necessary in order to effect proper billing and collection of the special tax., so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the CFD in each fiscal year. Notwithstanding the foregoing, the Fire Chief of the District may collect or cause to be collected one or more installments of the special taxes on any one or more parcels in the CFD by means of direct billing of the property owners within the CFD, if, in the judgment of the Fire Chief, such means of collection will reduce the administrative burden in administering the CFD or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. -2- 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 CFL?, shall not be affected. Section 7. The Chair of the Board shall sign this Ordinance and the Clerk of the Board of Supervisors of the County of Contra Costa shall cause the same to be published within fifteen (1 S)days after its passage at least once in a newspaper of general circulation published and circulated in the District. The foregoing Ordinance was introduced and first read by the Governing Board of the East Contra Costa Fire Protection District on the 16th day of March, 2004, and had a second reading and was adopted on the 23;d day of March,2004 by the following vote to wit: AYES:SUPERVISORS GIOIA, UILKM, GREMBERG, I)eSAULNIM AND GLOM NOES: NODE ABSENT: NONE ......... , Chair ATTEST: County Administrator and Clerk of the Board of Supervisors Deputy Clerk -3-