CC Ordinance 2163ORDINANCE NO. 2163
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL LEVYING SPECIAL TAX WITHIN COMMUNITY FACILITIES
DISTRICT NO. 1
WHEREAS, on October 2, 2012, this Council adopted a resolution entitled "Resolution of Intention
to Establish Community Facilities District" (the "Resolution of Intention"), and has conducted
proceedings (the "Proceedings") to establish "City of Campbell Community Facilities District No. 1"
(the "CFD") 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
held a public hearing under the Act relative to the determination to proceed with the formation of
the CFD and a 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 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 "Resolution of Formation
of Community Facilities District" (the "Resolution of Formation), pursuant to which it completed the
Proceedings for the establishment of the CFD, 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; and
WHEREAS, on November 5, 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.
The City Council of the City of Campbell does ordain as follows
SECTION ONE: By the passage of this Ordinance, the Council hereby authorizes and levies the
Special Tax within 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 2013-14 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.
SECTION TWO: The City Manager 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, in the manner and
as provided in the Resolution of Formation.
SECTION THREE: 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 FOUR: 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 FIVE: 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. The City Manager of the City (or the City Manager's designee) 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 2013-14
and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise
terminated by the City.
SECTION SIX: 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 SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to
be published immediately after its passage at least once in a newspaper of general circulation
circulated in the City.
SECTION EIGHT: This Ordinance shall become effective (30) days following its passage and
adoption and shall be published once within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa
Clara.
PASSED AND ADOPTED this 20th day of November , 2012 by the following roll call vote:
AYES Councilmembers: Cristina, Baker, Waterman, Low, Kotowski
NOES Councilmembers: None
ABSENT : Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED:
Michael F. Kotowski, Mayor
ATTEST: /-~
./ ~
An "Bybee, City Clerk