HomeMy WebLinkAboutOrd 13-24 Item 5.5 Levying Special Taxes within City of Dublin Community Facilities District No. 202Docusign Envelope ID: 083641 DF-6CF3-410A-AB96-E6A03350484D
ORDINANCE NO. 13 — 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
LEVYING SPECIAL TAXES WITHIN CITY OF DUBLIN COMMUNITY FACILITIES
DISTRICT NO. 2024-1 (DUBLIN CENTRE)
WHEREAS, on October 15, 2024, this City Council (the "City Council") of the City
of Dublin (the "City"), adopted a resolution stating its intention to establish its City of Dublin
Community Facilities District No. 2024-1 (Dublin Centre) (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 public services and the acquisition
and construction of certain facilities; and
WHEREAS, notice was published as required by the Act relative to the intention
of this City Council to form the CFD, to provide for financing certain services and certain
facilities and to incur bonded indebtedness for the CFD in an amount not to exceed
$55,000,000, excluding bonds described in Section 53364.2(e) of the Act; and
WHEREAS, this City Council has held noticed public hearings as required by the
Act relative to (i) the determination to proceed with the formation of the CFD, and the rate
and method of apportionment of the special taxes to be levied within the CFD to finance
a portion of the costs of the services and the facilities and (ii) the issuance of not to exceed
$55,000,000 of bonded indebtedness for the CFD, excluding bonds described in Section
53364.2(e) of the Act; 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 within the CFD
were heard, substantial evidence was presented and considered by this City Council and
a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, this City Council adopted resolutions
entitled "Forming City of Dublin Community Facilities District No. 2024-1 (Dublin Centre)"
(the "Resolution of Formation"), "Determining Necessity to Incur Bonded Indebtedness
for City of Dublin Community Facilities District No. 2024-1 (Dublin Centre)" (the
"Resolution of Necessity") and "Calling Special Election for City of Dublin Community
Facilities District No. 2024-1 (Dublin Centre)," which resolutions defined the public
services (the "Services") and public facilities to be financed by the CFD (the "Facilities"),
established the CFD, authorized the levy of the special taxes 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
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WHEREAS, on November 19, 2024, 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 City Council of the City of Dublin does ordain as follows:
SECTION 1. LEVY OF SPECIAL TAX
By the passage of this Ordinance, the City Council hereby authorizes and levies
special taxes within the CFD pursuant to the Act, at the rate and in accordance with the
formula (the "Rate and Method") set forth in the Resolution of Formation, which
Resolution of Formation is by this reference incorporated herein, as the same may be
amended in accordance with the Act. The special taxes are hereby levied commencing
in fiscal year 2024-25 and in each fiscal year thereafter until payment in full of the Services
and any bonds issued by the City for the CFD (the "Bonds") or such longer period provided
in the Rate and Method, as contemplated by the Resolution of Formation and the
Resolution of Necessity, as the same may be amended in accordance with the Act, and
all costs of administering the CFD.
SECTION 2. ANNUAL CALCULATION OF LEVY
The Finance Director of the City 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
by the Rate and Method.
SECTION 3. EXEMPTIONS; MAXIMUM LEVY OF SPECIAL TAXES
Except as set forth in the Rate and Method, 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 Rate and Method.
SECTION 4. AUTHORIZED USES OF SPECIAL TAXES
All of the collections of the special taxes shall be used as provided for in the Act
and the Rate and Method, 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 Services and the Facilities, the payment of the costs of the City in
administering the CFD, and the costs of collecting and administering the special tax.
SECTION 5. COLLECTION OF SPECIAL TAXES
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
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valorem taxes; provided, however, that this City Council may provide for other appropriate
methods of collection by resolution of this City Council. In addition, the provisions of
Section 53356.1 of the Act shall apply to delinquent payments of the special taxes. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Alameda in order to effect proper
billing and collection of the special tax, so that the special taxes shall be included on the
secured property tax roll of the County of Alameda for fiscal year 2024-25 and for each
fiscal year thereafter until the payment in full of the Services and any Bonds or such longer
period of time provided in the Rate and Method.
SECTION 6. SEVERABILITY
If for any reason any portion of this Ordinance is found to be invalid, or if the special
taxes are 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
taxes to the remaining parcels within the CFD shall not be affected.
SECTION 7. POSTING OF ORDINANCE
The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
posted in at least three public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect 30 days from the date of final passage.
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2024, by the
following vote:
AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DocuSigned by:vik
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City�G�er�r�V�
Signed by:
I Gu a� t iltd avristatA,
Mayor
Ord. No. 13-24, Item 5.5, Adopted 12/03/2024 Page 3 of 3