ORDINANCE NO. 25-26-01
AN ORDINANCE OF THE GOVERNING BOARD OF THE LAMMERSVILLE JOINT UNIFIED SCHOOL DISTRICT LEVYING SPECIAL TAXES WITHIN LAMMERSVILLE JOINT UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2024-1 (MOUNTAIN HOUSE SCHOOL FACILITIES), INCLUDING CERTAIN ANNEXATION TERRITORY
WHEREAS, the Lammersville Joint Unified School District (the “District”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), to establish for the purpose of financing certain facilities (the “Facilities”) (i) “Lammersville Joint Unified School District Community Facilities District No. 2024-1 (Mountain House School Facilities)” (the “CFD”) and (ii) certain territory proposed to be annexed to the CFD in the future designated the “Lammersville Joint Unified School District Community Facilities District No. 2024-1 (Mountain House School Facilities) (Future Annexation Area)” (the “Future Annexation Area”);
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Rate and Method”) is set forth in the Governing Board's Resolution No. 24-25-12, which was adopted on December 18, 2024 (the “Resolution of Formation”); and
WHEREAS, the Governing Board previously adopted Ordinance No. 24-25-01 on January 15, 2025, pursuant to which it authorized and levied special taxes in the CFD (including any parcels in the Future Annexation Area that are annexed to the CFD) pursuant to the Rate and Method, commencing in fiscal year 2025-26 and in each fiscal year thereafter until payment in full of any bonds and other debt issued by the School District for the CFD or such longer period provided in the Rate and Method; and
WHEREAS the District has conducted proceedings to annex certain territory identified as Assessor's Parcel Number 254-230-06 (the “Annexation Territory”) to the CFD, which Annexation Territory was not in the Future Annexation Area, including (i) an election on April 8, 2016, of the qualified electors in the Annexation Territory and (ii) following the election, the adoption by the Governing Board, on April 8, 2026, of its Resolution No. 25-26-16, entitled “A Resolution Declaring the Results of a Special Annexation Election and Directing Recording of an Amended Notice of Special Tax Lien.”
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BOARD OF THE LAMMERSVILLE JOINT UNIFIED SCHOOL DISTRICT, as follows:
Section 1. By the passage of this Ordinance, pursuant to the Act, the Governing Board hereby authorizes and levies the special tax (the “Special Tax”) within the CFD, including all territory annexed into the CFD prior to the date hereof, including the Annexation Territory, at the rate and in accordance with the Rate and Method set forth in the Resolution of Formation, which Resolution of Formation and Rate and Method are by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2026-27 and in each fiscal year thereafter until payment in full of any bonds and other debt (as defined in the Act) issued by the School District for the CFD (collectively, the “Bonds”) or such longer period provided in the Rate and Method, as contemplated by the Resolution of Formation, and all costs of administering the CFD. The Special Tax has previously been levied in the original territory of, and in the territory previously annexed to, the CFD beginning in fiscal year 2025-26 pursuant to Ordinance No. 24-25-01, and the Special Tax is hereby levied commencing in fiscal year 2026-27 in the Annexation Territory, and in each fiscal year thereafter to pay for the Facilities for the CFD and all costs of administering the CFD.
The Governing Board hereby ratifies the levy of the Special Tax within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal year 2025-26.
Section 2. The Superintendent of the District 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 CFD, including all territory annexed to the CFD prior to the date hereof and including the Annexation Territory, in the manner and as provided in the Rate and Method.
Section 3. Properties shall be exempt from any levy of the Special Tax in the CFD as set forth in the Rate and Method. In no event shall the Special Tax be levied on any parcel within the CFD (including the Annexation Territory and any parcels in the Future Annexation Area that are annexed into the CFD in the future) in excess of the maximum tax specified in the Resolution of Formation.
Section 4. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of costs of the Facilities, the payment of the costs of the District in administering the CFD, and the costs of collecting and administering the Special Tax.
Section 5. The Special Tax 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 Governing Board may provide for other appropriate methods of collection by resolutions of the Governing Board. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Superintendent of the School District (or designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Joaquin 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 San Joaquin for fiscal year 2026-27 and for each fiscal year thereafter until the Bonds are paid in full or such longer period of time provided in the Rate and Method.
Section 6. 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 within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.
Section 7. The President of the Governing Board shall sign this Ordinance and the Clerk of the Governing Board shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the District.
Section 8. This Governing Board affirms the provisions of Ordinance No. 24-25-01, except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.
Section 9. This Ordinance shall become effective (30) days from the date of final passage.
PASSED AND ADOPTED at a regular meeting of the Governing Board of Lammersville Joint Unified School District on the 6th day of May, 2026, by the following roll call vote:
Governing Board: Ayes: _5____ Noes: __0___ Abstain: ____0_ Absent: ___0___
Roll Call: Lisa Boulais AYE ; Vanitha Daniel AYE ; Samik Mody AYE ;
Stephanie Olsen AYE ; David Pombo AYE
ATTEST ON THIS DAY BY THE PRESIDENT AND CLERK (OR SECRETARY) OF THE BOARD:
/s/ David Pombo
President
Governing Board
Lammersville Joint Unified School District
/s/ Stephanie Olsen
Clerk
Governing Board
Lammersville Joint Unified School District
5/19/26
CNS-4043135#
THE RECORD
