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Ordinance 2001-02 ORDINANCE NO. 2001-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2000-1 (HIGHWAY 152) WHEREAS, on November 17, 2000, this Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District" (the "Resolution of Intention"), stating its intention to form Community Facilities District No. 2000-1(HighWay 152) (the 'CFD'), of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part ! of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act") '), to finance the acqu_isition and/or construction of certain public facilities (the "Facilities") as described in the Resolution of Intention; WHEREAS, notice was published as required by the Act relative to the intention of the Council to establish the CFD and to provide for the financing of the Facilities through the levy of a spedal tax and the issuance of bonds; WHEREAS, the Council has held a noticed public hearing as required by the Act relative to the detetr~-dnation 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 a portion of the costs of the Facilities; WHEREAS, at the 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 Council and a full and fair hearing was held; WHEREAS, after the hearing, this City Council adopted resolutions entitled 'A Resolution of Formation of Commurdtv Facilities District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution of Necessity") and "A Resolution Calling Special Election"', which resolutions established the CFD, authorized the levy of a spedal tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election ,~,ithm the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and WHEREAS, on December 18, 2000, a spedal 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GILROY as follows: Section 1. By the passage of this Ordinance the Count41 hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the ORDINANCE NO. 2001-2 -1- 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 City for the CFD (the "Bonds"), as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of administering the CFD. Section 2. The Administrative Services Director (or designee thereof) 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 in the Resolution of Formation. Section 3. Except as provided in sections 53317.3 and 53317.5 of the Act, 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 tax 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 spedal tax shall be used as provided in the Act and in the Resolution of Formation including, but not limited to, the payment of prindpal and interest on the Bonds, the replenishment of any reserve fund for the Bonds, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax. Section 5. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and Shall have the same lien priori~, 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 Council may provide for other appropriate methods of collection by resolutions of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Administrative Services Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Santa Clara 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 Santa Clara 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 services and the administrative expenses thereof so long as such services 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 Mayor shall sign this Ordinance and the City Clerk 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 City. Section 8. This Ordinance shall take effect 30 days from the date of final passage. ORDINANCE NO. 2001-2 -2- PASSED AND ADOPTED this 2nd day of January, 2001, by the following vote: AYES: NOES: ABSENT: A2'TEST: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER COUNCILMEMBERS: COUNCILMEMBERS: NONE G. ARELLANO, P. ARELLANO APPROVED: /s/ THOMASZ~W. SPRINGER Thomas W. Springer, Mayor /s/ RHONDA PELLIN Rhonda Pellin, City Clerk ORDINANCE NO. 2001-2 -3- I, RHONDA PELLIN, City Clerk of the City of Gikoy, do hereby certify that the attached Ordinance No. 2001-2 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of January, 2001, at which meeting a quorum was presem. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 12th day of January, 2001. City Clerk of the City of Gilroy (Seal)