O-16-22 Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexation Territory Identified as Annexation NO 1

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2 3 4 5 6 7 W 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 0-16-22 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 1, INTO CITY. OF COLTON COMMUNITY FACILITIES DISTRICT NO.2021- 2 (MAINTENANCE SERVICES) A. Recital WHEREAS, the City Council (the "City Council") of the City of Colton (the "City") has established the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the "District") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit `B" to the City Council Resolution Calling Election, which was adopted on November 1, 2022 (the "Resolution"); and WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to. the proceedings, following an election of the qualified electors in the territory proposed for annexation (the "Annexation Territory"), the City Council, on November 1, 2022, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District. B. Ordinance NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: - Section 1. The foregoing recitals are true and correct. Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, -pursuant to the Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982" (the "Act"), at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2021-22 pursuant to Ordinance No. 0-08-21 passed and adopted by the City Council on August 3, 2021, and the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including the Annexation Territory identified as Annexation No. 1, and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District. Section 3. The City Manager of the City or designee or 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 District, including the Annexation Territory, in the manner and as provided in the Resolution. Section 4. Exemptions from the levy of the special tax shall be as provided in the Resolution and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution.