Ordinance 17-06ORDINANCE NO. 2017-06
ORDINANCE OF THE CITY OF EASTVALE
LEVYING SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT
CITY OF EASTVALE
Community Facilities District No. 2017-1
(Goodman Commerce Center)
WHEREAS, on October 25, 2017, this City Council (the "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 Eastvale
Community Facilities District No. 2017-1 (Goodman Commerce Center)" (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 levy a
special tax (the "Special Tax") 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 rate and method of apportionment of the 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 December 13, 2017 a special election was held among the landowners
within the CFD at which such landowners approved the levy of the Special Tax by the two-thirds
vote required by the Act, which approval has been confirmed by resolution of this Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EASTVALE as follows:
Section 1. 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 ("Rate and Method of Apportionment") on file with
the City Clerk and as approved in the Resolution of Formation. By this reference, both the
Resolution of Intention and the Resolution of Formation are incorporated herein. The Special
Tax is hereby levied commencing in fiscal year 2018/19 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 2. The City of Eastvale's ("City") Finance Directorordesignee, 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 Rate and Method of Apportionment.
Section 3. Exemptions from the levy of the Special Taxshall be as provided in the
Resolution of Formation, the Rate and Method of Apportionment 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 4. 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 5. 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 Finance Director of the City is hereby authorized and
directed to provide all necessary information to the auditor/tax collector of the County of
Riverside 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 Riverside for fiscal year
2018/19 and for each fiscal year thereafter until no longer required to pay for the Services or
until otherwise terminated by the City.
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 City Manager 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 8. This Ordinance shall take effect 30 days from the date of final passage.
Clint Lorimore, Mayor
APPROVED AS TO FORM: ATTEST:
SuZk11A I r nt, hudim City torney Steven D. Aguilar, Assistant. City Clerk
IPA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) y
CITY OF EASTVALE )
I, Steven D. Aguilar, Assistant City Clerk of the City of Eastvale, do hereby certify that the
foregoing Ordinance Number 2017-06 was introduced at a regular meeting of the City Council of
the City of Eastvale held on the 13'x' day of December, 2017, and was passed by the City Council
of the City of Eastvale at its regular meeting held on the 10`t' day of January, 2018, by the
following called vote;
AYES: Council Members 1'lott. Tessari, Mayor Pro Tem Rigby, Mayor Lorimore
NOES: None
ABSENT: Council Member Rush
ABSTAIN: None
iclhele Nissen, City Idla Lager Steven D Aguilar, Assistant City Clerk
-3-