Ordinance 2015-03ORDINANCE NO. 2015-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
RATIFYING ORDINANCE NO. 2012 -06, LEVYING SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2012 -1
(LANDSCAPE MAINTENANCE) AND RATIFYING PREVIOUS LEVIES
WHEREAS, on February 6, 2012, this Council adopted a resolution entitled "A
Resolution of the City Council of the City of Gilroy of Intention to Establish Community
Facilities District" (the "Resolution of Intention "), and has conducted proceedings (the
"Proceedings ") to establish "City of Gilroy Community Facilities District No. 2012 -1 (Landscape
Maintenance)" (the "CFD ") and a future annexation area (the "Future Annexation Area")
pursuant to the Mello -Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of
Title 5, commencing with Section 53311, of the California Government Code (the "Act") to
finance certain municipal services (the "Services) as provided in the Act;
WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the
Council has held a public hearing under the Act relative to the determination to proceed with the
formation of the CFD and the Future Annexation Area and the rate and method of apportionment
of the special tax ( "Special Tax ") to be levied within the CFD to finance the Services, and at
such hearing all persons desiring to be heard on all matters pertaining to the formation of the
CFD and the Future Annexation Area 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, upon the conclusion of the hearing, this Council adopted its "A Resolution
of the City Council of the City of Gilroy of Formation of Community Facilities District" (the
"Resolution of Formation), pursuant to which it completed the Proceedings for the establishment
of the CFD and the Future Annexation Area, the authorization of the levy of the Special Tax
within the CFD and the calling of an election within the CFD on the propositions of levying the
Special Tax and establishing an appropriations limit within the CFD, respectively;
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WHEREAS, on March 19, 2012, a special election was held among the landowner voters
within the CFD at which such voters approved such propositions by the two- thirds vote required
by the Act, which approval has been confirmed by resolution of this Council;
WHEREAS, on April 2, 2012, this Council adopted its Ordinance 2012 -06 levying the
Special Tax in the CFD beginning in fiscal year 2012 -13; and
WHEREAS, effective, January 1, 2014, the Act was amended to authorize this Council,
by ordinance, to provide for the levy of the Special Tax on parcels in the Future Annexation Area
that will be annexed to the CFD at the rate or rates to be approved unanimously by the owner or
owners of each parcel or parcels to be annexed to the CFD and for apportionment and collection
of the Special Tax in the manner specified in the Resolution of Formation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GILROY as follows:
Section 1. This Council hereby ratifies Ordinance No. 2012 -06. In the event of any
inconsistencies between this Ordinance and Ordinance No. 2012 -06, this Ordinance shall govern.
Section 2. By the passage of this Ordinance, the Council hereby authorizes and levies the
Special Tax within the CFD (including any parcel or parcels in the Future Annexation Area that
annex into the CFD) pursuant to the Act, at the rate and in accordance with the rate and method
of apportionment of Special Tax set forth in the Resolution of Formation which rate and method
is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal
year 2015 -16 and in each fiscal year thereafter to pay for the Services for the CFD, as
contemplated by the Resolution of Formation and the Proceedings and all costs of administering
the CFD. The Special Tax was previously levied in the CFD beginning in fiscal year 2012 -13,
and this Council hereby ratifies the levy of the Special Tax in fiscal years 2013 -13 through 2014-
15.
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Section 3. The City's Director of Finance or designee, or an employee or consultant of
the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax
to be levied for the next ensuing fiscal year for each parcel of real property within the CFD
(including any parcel or parcels in the Future Annexation Area that annex into the CFD), in the
manner and as provided in the Resolution of Formation.
Section 4. Exemptions from the levy of the Special Tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Act. In no event shall the Special
Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in
the Resolution of Formation.
Section 5. All of the collections of the Special Tax shall be used as provided in the Act
and in the Resolution of Formation, including, but not limited to, the payment of costs of the
Services, the payment of the costs of the City in administering the CFD, and the costs of
collecting and administering the Special Tax.
Section 6. The Special Tax 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; provided,
however, that the Council may provide for other appropriate methods of collection by
resolution(s) of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply
to delinquent Special Tax payments. The Director of Finance 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
2015 -16 and for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
Section 7. 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
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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 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published immediatelv after its passage at least once in a newspaper of general circulation
circulated in the Citv.
Section 9. This Ordinance shall take effect 30 days from the date of final passage.
PASSED AND ADOPTED by the City Council of the City of Gilroy this 18d' day of
May, 2015, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO, WOODWARD and
GAGE
NONE
NONE
APPROVED:
ta446i 1, 4e
Donald F. Gage, Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015 -03 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 18th day of May, 2015, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19th day of May, 2015.
City Clerk of the City of Gilroy
(Seal)