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1 ORDINANCE NUMBER 2013-04 <br /> AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE <br /> ADOPTING CHAPTER 3.38 OF THE TRUCKEE MUNICIPAL CODE, <br /> ESTABLISHING OPTIONAL PROCEDURES FOR FORMATION OF <br /> COMMUNITY FACILITIES DISTRICTS <br /> WHEREAS, the Town of Truckee is considering the formation of a community facilities <br /> district in order to fund maintenance of certain streetscape and landscaping improvements; and <br /> WHEREAS, Califomia law establishes procedures for forming and administering <br /> community facilities districts, but the Town Council wishes to provide for flexibility in the <br /> formation and administration of community facilities districts in order to best meet the needs of <br /> the community; and <br /> WHEREAS, this ordinance establishes a procedure for forming and administering <br /> community facilities districts, incorporating relevant poRions of the Mello-Roos Community <br /> Facilities Act of 1982, which may be used by the Town as an altemative to proceeding entirely <br /> under the Mello-Roos Community Facilities Act of 1982; and <br /> ' WHEREAS, the Town is a charter town, having enacted a Town Charter in order to <br /> provide for Town control over municipal affairs; and <br /> WHEREAS, the creation of special taxing districts, such as community facilities districts, <br /> located entirely within the Town is a municipal affair; and <br /> WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred; <br /> NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TRUCKEE DOES <br /> HEREBY ORDAIN AS FOLLOWS: <br /> Section 1. Recitals. The above recitals are all true and correct. <br /> Section 2. Adoption of Chapter 3.38. Chapter 3.38 is hereby adopted and <br /> added to the T�uckee Municipal Code, to read as set forth in Exhibit "A," attached hereto and <br /> � incorporated herein by reference. <br /> Section 3. Severabilitv. If any section, subsection, subdivision, paragraph, <br /> sentence, clause or phrase in this ordinance, or any part thereof, is held invalid or <br /> unconstitutional, then such decision shall not affect the validity of the remaining sections or <br /> portions of this ordinance or part thereof. -The Town Council hereby declares that it would have <br /> 1 passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this <br /> ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, <br /> sentences, clauses or phrases may be declared invalid or unconstitutional. <br />