HomeMy WebLinkAboutOrdinance 350- Levying special taxes -ArrowheadORDINANCE NO. 350
AN ORDINANCE OF THE CITY OF SARATOGA LEVYING SPECIAL TAXES
WITHIN CITY OF SARATOGA COMMUNITY FACILITIES DISTRICT NO. 2016-1
(ARROWHEAD PROJECT)
WHEREAS, on November 2, 2016, the City Council (the "City Council") of the City of
Saratoga, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Law"), adopted a
resolution entitled "A Resolution of the City Council of the City of Saratoga of Intention to
Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stating its
intention to establish City of Saratoga Community Facilities District No. 2016-1 (Arrowhead
Project) (the "Community Facilities District") and to finance certain public facilities (the
"Facilities") and setting the date for a public hearing to be held on the establishment of the
Community Facilities District;
WHEREAS, on December 7, 2016, the City Council held a noticed public hearing on the
establishment of the Community Facilities District, as required by the Law, which was continued
until December 21, 2016;
WHEREAS, subsequent to the close of said hearing, on December 21, 2016, the City
Council adopted resolutions entitled "A Resolution of the City Council of the City of Saratoga, of
Formation of City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit
for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the City of
Saratoga, Deeming it Necessary to Incur Bonded Indebtedness within City of Saratoga Community
Facilities District No. 2016-1 (Arrowhead Project)" and "A Resolution of the City Council of the
City of Saratoga, Calling Special Election for City of Saratoga Community Facilities District
No. 2016-1 (Arrowhead Project)," which resolutions established the Community Facilities
District, authorized the levy of a special tax within the Community Facilities District and called
an election within the Community Facilities District on the proposition of incurring indebtedness,
levying a special tax within the Community Facilities District and establishing an appropriations
limit for the Community Facilities District, respectively; and
WHEREAS, on May 2, 2017, an election was held in which the qualified electors of the
Community Facilities District approved said proposition by more than the two-thirds vote required
by the Law;
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to the Law, at the rate and in accordance with the method
of apportionment set forth in Exhibit A to the Resolution of Formation (the "Rate and Method of
Apportionment"). The special taxes are hereby levied commencing in fiscal year 2017-18 and in
each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be
levied pursuant to the Rate and Method of Apportionment.
Section 2. The City Council, or their designee, may, in accordance with subdivision
(b) of Section 53340 of the Law, provide, by resolution, for the levy of the special tax in future tax
years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall
the special tax be levied on any parcel within the Community Facilities District in excess of the
maximum tax specified therefor in the Rate and Method of Apportionment.
Section 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of providing the Facilities and incidental expenses pursuant to the Act.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure, sale
and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another
procedure is adopted by the City Council.
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 Community Facilities
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 Community Facilities District shall not be
affected.
Section 7. This Ordinance shall take effect and shall be in force 30 days after the date
of its adoption and prior to the expiration of 15 days from the passage thereof shall be published
at least once in The Mercury News, a newspaper of general circulation, printed and published in
the City of Saratoga, together with the names of the City Council members voting for and against
the same.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on June 7, 2017 and was adopted by the
following vote on June 21, 2017.
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny
Cappello, Howard A. Miller, Member Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ste' 2-;;
Cr al Bothelio, CITY CLERK
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE:
APPROVED AS TO FORM:
DATE: / I.
Richard Taylor, CITY ATTORNEY
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA) SS
CITY OF SARATOGA )
I, Crystal Bothelio, City Clerk of the City of Saratoga, hereby certify, under penalty of
perjury, that I caused the posting of Ordinance No. 350 in the public notice display case in front
of the Council Chamber, at 13777 Fruitvale Avenue, Saratoga.
City Clerk
DATE: ,0,(1Q', 7011