HomeMy WebLinkAboutORD NO 4738ORDINANCE NO. 4 7 3 8
ORDINANCE LEVYING SPECIAL TAXES FOR THE FISCAL
YEAR 2013 -14 AND FOLLOWING FISCAL YEARS SOLELY
WITHIN AND RELATING TO THE CITY OF BAKERSFIELD
POLICE AND FIRE SERVICES COMMUNITY FACILITIES
DISTRICT NO. 2013 -1 (WEST MING SPECIFIC PLAN)
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. Pursuant to Government Code Sections 53328 and 53340, and in
accordance with the Rate and Method of Apportionment of Special Tax (the
"RMA ") set forth in Exhibit D to Resolution No. 1752, adopted by the City Council
of the City of Bakersfield (the "City Council ") on June 5, 2013, amended and
restated by Resolution No. 1757 duly adopted on July 17, 2013 (as amended
and restated, the "Resolution of Intention "), and as confirmed and approved by
Resolution No. 121 -13, adopted by the City Council on September 11, 2013 (the
"Resolution of Formation "), a special tax is hereby levied on all Developed
Residential Property (as defined in the RMA) within the City of Bakersfield Police
and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific
Plan) (the "Community Facilities District "), for the 2013 -14 fiscal year and for all
subsequent fiscal years in the amount of the maximum authorized tax, provided
that this amount may be adjusted annually, subject to the maximum authorized
special tax limit, by resolution of the City Council.
2. The City Manager of the City of Bakersfield or designee thereof (the
"CFD Administrator ") is authorized and directed, to determine each year, and
for each parcel within the Community Facilities District, and without further
action of the City Council, the correct special tax pursuant to the RMA and this
Ordinance; and to prepare the annual special tax roll and to provide all
necessary and appropriate information to the Kern County Assessor's Office (the
"County ") in proper form, and in proper time, necessary to effect the correct
and timely billing and collection of each special tax on the secured property tax
roll of the County; provided, that as provided in the Resolution of Formation and
Section 53340 of the California Government Code, the City has reserved the
right to utilize any method of collecting the special tax which it shall, from time
to time, determine to be in the best interests of the City of Bakersfield (the
"City "), including but not limited to, direct billing by the City to the property
owners and supplemental billing.
3. The appropriate officers and agents of the City are authorized to
make adjustments to the special tax roll prior to the final posting of the special
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ORIGINAL
taxes to the County tax roll each fiscal year, as may be necessary to achieve a
correct match of each special tax levy with the assessor's parcel numbers finally
utilized by the County in sending out property tax bills.
4. The City agrees that the County may deduct its reasonable and
agreed charges for collecting the special tax from the amounts collected, prior
to remitting the special tax collections to the City.
5. Taxpayers who believe there may be errors in their special tax are
referred to Section 7 of the RMA and the procedure therein and the CFD
Administrator shall administer the appeal procedure as therein provided.
6. If for any cause any portion of this ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel by a court of
competent jurisdiction, the balance of this ordinance, and the application of
the special tax to the remaining parcels, shall not be affected.
7. This ordinance shall take effect and be in force from and after thirty
days from its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 15 1013 by the following vote:
�APs.: COUNCILMEMBER: RIVERA, MAXWELL, WEIR SMITH, SULLIVAN JOIiNSON
1G COUNCILMEMBER: acpL
ABSTAIN: COUNCILMEMBER:
® COUNCILMEMBER: lA
APPROVED SEP 15 1013
TO
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ANDREW HEGLUND
Deputy City Attorney
AH /v
A—a" vaA'tn�
ROBERTA GAFFORD, CMCfi
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
S: \COUNCIL \Ords\ 13- 14\ WestMingCFD- LevyingSpeicalTax.Ord.docx
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 27th day of September, 2013 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4738, passed by the
Bakersfield City Council at a meeting held on the 25th day of September, 2013 and
entitled:
ORDINANCE LEVYING SPECIAL TAXES FOR THE FISCAL YEAR 2013-
14 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING
TO THE CITY OF BAKERSFIELD POLICE AND FIRE SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2013 -1 (WEST MING
SPECIFIC PLAN)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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By:
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