HomeMy WebLinkAbout4102 Ordinance No. 4102
2
3 AN ORDINANCE RESCINDING RESOLUTION NOS. 13-109 AND 13-139,
4 RESCINDING ORDINANCE NO. 4071 AND DISSOLVING
5 THE COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT NO. 2013-1
6
(CLEAN ENERGY PROGRAM)
7
8 WHEREAS, on August 13, 2013, the Board of Supervisors (the "Board") of the Count
9 of Butte (the "County") duly adopted Resolution No. 13-109 (the "Resolution of Intention"
10 declaring its intent to establish the County of Butte Community Facilities District No. 2013-1
11 {Clean Energy Program) (the "District") in accordance with the Mello-Roos Communit
12 Facilities Act of 1982, set forth in sections 53311 through 53368.3 of the California Governmeni
13 Code (the "Act"), and particularly in accordance with sections 53313.5(1) and 53328.1(a); and
14 WHEREAS, on October 8, 2013, the Board duly adopted Resolution No. 13-139 (th.
15 "Resolution of Formation") establishing the District in accordance with the Act and particular!
16 in accordance with sections 53313.5(1) and 53328.1(a); and
17 WHEREAS, on October 22, 2013, the Board duly adopted Ordinance No. 4071 (th:
18 "Special Tax Ordinance") levying a special tax on each taxable parcel within the District for the
19 2013-14 fiscal year and for each subsequent fiscal year, in each case in the amount of the speci.
20 tax specified for the fiscal year in the Unanimous Approval Agreement pertaining to the parcel;
21 and
22 WHEREAS, there are no taxable parcels within the District and no special tax is being
23 levied within the District; and
24 WHEREAS, the Board has determined that it will not annex any parcels into the Distric i
25 in the future or levy a special tax within the District in the future; and
26 WHEREAS, the Board has determined that there is no outstanding debt payable o
27 secured by the special taxes to be levied within the District; and
28
1
WHEREAS, the Board has determined to terminate its authority to annex property into
2 the District and levy a special tax within the District; and
3 WHEREAS, the Board has determined to rescind the Resolution of Intention, the
4 Resolution of Formation and the Special Tax Ordinance; and
5 WHEREAS, the Board has determined that upon rescission of the Resolution o
6 Intention, the Resolution of Formation and the Special Tax Ordinance the Board will have no
7 authority to levy any special tax in the District; and
8 WHEREAS, the Board has determined to dissolve the District pursuant to Sectio
9 53338.5 of the Act.
10 NOW THEREFORE, the Board of Supervisors of the County of Butte, State o I
11 California ordains as follows:
12 Section 1. The above recitals are true and correct, and the Board so finds am
13 determines.
14 Section 2. The Resolution of Intention, the Resolution of Formation and the Speci.
15 Tax Ordinance are each hereby rescinded.
16 Section 3. The District is hereby dissolved pursuant to Section 53338.5 of the Act.
17 Section 4. Effective Date and Publication. This Ordinance shall take effect thirty
18 (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and
19
directed to publish this Ordinance before the expiration of fifteen(15) days after its passage.
20
This Ordinance shall be published once, with the names of the members of the Board of
21
Supervisors voting for and against it, in the Chico Enterprise-Record, a newspaper of general
22
circulation published in the County of Butte.
23
24
25
26
27
28
2
1 PASSE', AND ADOPTED by the Butte County Board of Supervisors this 10th day of
November, 2015 by the following vote:
2
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
NOES. None
4 ABSENT: None
NOT VOTING: None
5
Doug Teeter, Chair
6 Butte County Board of Supervisor
7
8 ATTEST:
/
9
10
Paul I-11 Chief Administrative Officer and
Clerk sf t e Board
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3