Provides for the levy of special taxes within City of Santa Rosa Special Tax District No. 2005-2 (The Orchard at Oakmont, Units 1 and 2)

October 4, 2005


ORDINANCE NO. 3746

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA, STATE OF CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAXES WITHIN CITY OF SANTA ROSA SPECIAL TAX DISTRICT NO. 2005-2 (THE ORCHARD AT OAKMONT, UNITS 1 AND 2) FOR THE PURPOSE OF PROVIDING FINANCING FOR SPECIFIED PURPOSES, AND CERTAIN OTHER SUPPLEMENTAL PROVISIONS

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1. Recitals. The Council of the City of Santa Rosa does hereby find, determine and declare that:

(a) on September 6, 2005, this City Council (the "Council") of the City of Santa Rosa (the "City"), adopted a resolution entitled "A Resolution of Intention of the City Council of the City of Santa Rosa to Establish City of Santa Rosa Special Tax District No. 2005-2 (The Orchard at Oakmont, Units 1 and 2)" stating its intention to establish the City of Santa Rosa Special Tax District No. 2005-2 (The Orchard at Oakmont, Units 1 and 2) (the ADistrict) pursuant to City's Special Tax Financing Code, being Chapter 4 56 of Title 4 of the Santa Rosa City Code (the "Code"), to finance certain services (the "Services"); and

(b) the Council has held a public hearing as required by the Code relative to the the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance the costs of the Services; and

(c) at the hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the special taxes were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held; and

(d) subsequent to the hearing, this Council adopted a resolution, entitled "A Resolution of Formation of the City Council of City of Santa Rosa Special Tax District No. 2005-2 (The Orchard at Oakmont, Units 1 and 2)" (the "Resolution of Formation") establishing the District, authorizing the levy of a special tax within the District and calling an election of the landowner elector within the District on the propositions of levying a special tax and establishing an appropriations limit within the District; and

(e) the special election was held by mail ballot for the landowner elector within the District at which the eligible landowner elector approved such propositions by the two thirds vote required by the Code.

Section 2. By the passage of this Ordinance the Council hereby authorizes and levies special taxes within the District pursuant to the Code, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference 
incorporated herein. The special taxes are hereby levied commencing in fiscal year 2006 2007 and in each fiscal year thereafter so long as the Services continue to be provided or as otherwise may be provided by this Council, as contemplated by the proceedings for the District.

Section 3. The City's Director of Administrative Services (or designee employee thereof) is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel and lot of real property within the District, in the manner and as provided in the Resolution of Formation.

Section 4. Properties or entities of the State, federal or local governments within the District shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel or lot within the District in excess of the maximum tax specified in the Resolution of Formation.

Section 5. All of the collections of the special tax shall be used as provided for in the Code and in the Resolution of Formation including, but not limited to, the provision of the Services, the funding of a reserve fund, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

Section 6. The special taxes 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 resolutions of the Council. In addition, delinquent special tax payments may be recovered through appropriate judicial foreclosure or other applicable proceedings. The Director of Administrative Services of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Sonoma 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 Sonoma for fiscal year 2006-2007 and for each fiscal year thereafter for the purposes of providing for the Services and the administrative expenses thereof so long as such Services are provided.

Section 7. 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 or lot within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.

Section 8.  Effective Date.  This ordinance, following its introduction, shall become effective and be in full force and effect from and after the expiration of thirty (30) days from the date of its adoption.

THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Santa Rosa on September 27, 2005, and was duly adopted at a regular meeting of the City Council of the City of Santa Rosa on October 4, 2005.

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