Ordinance 19-04ORDINANCE NO. 2019-04
ORDINANCE OF THE CITY OF EASTVALE LEVYING SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT
CITY OF EASTVALE
Community Facilities District No. 2019-1
(Cloverdale Estates)
WHEREAS, on February 13, 2019, 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. 2019-1 (Cloverdale Estates)" (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 March 27, 2019 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 2018119 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 Director 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 Rate and Method of Apportionment.
Section 3. Exemptions from the levy of the Special Tax shall 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 2019/20 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 S. This Ordinance shall take effect 30 days from the date of final passage.
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