Ord 2022-012 Levying Special Tax CFD

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO.2022-012 ORDINANCE OF THE CITY OF SAN LEANDRO CITY COUNCIL LEVYING A SPECIAL TAX FOR FISCAL YEAR 2023-2024 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO.2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES) The City Council of the City of San Leandro hereby ORDAINS as follows: SECTION 1. On September 6, 2022, the City Council adopted Resolution No. 2022-148 (the "Resolution of Formation"), thereby establishing a community facilities district under the Mello -Roos Community Facilities Act of 1982, set forth at Government Code sections 53311 through 53368.3 (the "Act"), to be known and designated as the City of San Leandro Community Facilities District No. 2022-1 (Monarch Bay Shoreline Facilities & Services) (the "CFD"). SECTION 2. In accordance with sections 53328, 53340 and 53340.1 of the Government Code (the "Code"), the Resolution of Formation, the Rate and Method of Apportionment of Special Tax attached as Exhibit D to the Resolution of Formation, as may be amended in the future in accordance with the Act (the "RMA"), a special tax (the "Special Tax") is hereby levied on all real property subject to the Special Tax within the CFD for Fiscal Year 2023-2024 and for all subsequent fiscal years at the rate and in accordance with the formula described in the RMA, in each case, until collection of the applicable special tax by the City Council ceases and a notice of cessation of special tax is recorded in accordance with section 53330.5 of the Code. The amount of the Special Tax may be adjusted annually, subject to the maximum authorized amounts set forth in the Resolution of Formation and the RMA, as may be amended. SECTION 3. The Finance Director or designee (the "Finance Director"), with the aid of the appropriate officers and agents of the City and without further action by the City Council, is authorized and directed to (a) calculate the appropriate amount of the Special Tax each year; (b) prepare the annual special -tax roll in accordance with the Resolution of Formation and RMA, as may be amended; and (c) provide to the Alameda County Auditor-Controller/Clerk-Recorder all information in proper form, and in proper time, to effect the correct and timely billing and collection of the Special Taxes that may be collected on the secured property -tax roll of Alameda County (the "County") on said roll and, to the extent the Special Tax may not be collected on the secured property -tax roll, to levy the Special Taxes by any other lawful method. As provided in section 53340 of the Act, the Resolution of Formation, and the RMA, the Special Tax shall be collected in the same manner and at the same time and be subject to the same enforcement mechanism, and the same penalties and interest for late payment, as regular ad valorem property taxes; provided, that the City Council has reserved the right to utilize any other lawful means of billing, collecting, and enforcing the Special Tax, including direct billing, supplemental billing,