Culver City Municipal Code Ch. 15.12 Community Facilities District Financing

The purpose and intent of this Chapter is to establish a procedure for financing certain public capital facilities and services through the establishment of community facilities districts, the levy of special taxes within such districts and the issuance of bonds secured by such special taxes. The provisions of this Chapter are intended to be a supplement to existing state law for the formation of community facilities districts (Mello-Roos Community Facilities Act of 1982).

(Ord. No. 2012-004A § 1 (part))

Proceedings for the formation of a community facilities district or districts may be conducted pursuant to this Chapter whether or not provided in any state law.

(Ord. No. 2012-004A § 1 (part))

A. This Chapter is not, in any way, exclusive.

B. The procedures provided in this Chapter are alternative to any other procedure provided in this Code or under state law.

C. The resolution of intention in any proceedings under any state law or other provision of this Code may provide that such provisions are supplemented by this Chapter.

(Ord. No. 2012-004A § 1 (part))

This Chapter is to be liberally construed.

(Ord. No. 2012-004A § 1 (part))

A. The Mello-Roos Community Facilities Act of 1982 (Cal. Gov't Code Title 5, Div. 2, Ch. 2.5, commencing with § 53311, as amended from time to time), is incorporated in and made a part of this Chapter.

B. Except as otherwise provided by this Chapter, the mode and manner for making improvements, for levying and collecting special taxes and for issuing bonds shall be as prescribed in the Mello-Roos Community Facilities Act of 1982.

(Ord. No. 2012-004A § 1 (part))

A. A community facilities district special tax, whether approved by vote of the landowners or the registered voters of the district, may finance the operation, maintenance and servicing related to provision of transportation services, in addition to the services specified in the Mello-Roos Community Facilities Act of 1982, notwithstanding the fact that any such services supplant services which were already available within the territory when the district was created.

B. A community facilities district special tax, whether approved by vote of the landowners or the registered voters of the district, may finance the purchase, construction, expansion, improvement, or rehabilitation of any public parking facility with an estimated useful life of five (5) years or longer, and the operation and maintenance of such parking facility, in addition to the financing powers specified in the Mello-Roos Community Facilities Act of 1982.

(Ord. No. 2012-004A § 1 (part))

A. Notwithstanding Cal. Gov't Code § 53326(a), the City Council shall submit the levy of any special taxes to the qualified electors of the proposed community facilities district or to the qualified electors of the territory to be annexed by the community facilities district in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the Elections Code, at least forty-five (45) days, but not more than one-hundred eighty (180) days, following the adoption of the resolution of formation. This Subsection 15.12.035.A shall apply only if the election is to be by the landowners of the proposed community facilities district, as described in Cal. Gov't Code § 53326(b), and the proposed community facilities district is funding authorized services with no debt to be issued.

B. Notwithstanding Cal. Gov't Code § 53326(b), if the vote is to be by the landowners of the proposed community facilities district, as described in Cal. Gov't Code § 53326(b), the City Council may provide for an alternative to the method of voting of each landowner having one (1) vote for each acre or portion of an acre of land that a landowner owns within the proposed community facilities district. The alternative method of voting authorized by this Subsection 15.12.035.B, provides that each landowner shall have one (1) vote for each dollar or portion of a dollar of special tax that may be levied on such landowner's land to be included in the proposed community facilities district, based upon the proposed rate and method of apportionment and manner of collection of special tax for the proposed community facilities district, and the special taxes thereby to be levied in the first full fiscal year following formation of the proposed district. This Subsection 15.12.35.B shall apply only if the City Council finds that such alternative method of voting is more reflective of the burden of the special tax to be levied on the landowners in the proposed community facilities district.

(Ord. No. 2012-004A § 1 (part))

Notwithstanding Cal. Gov't Code § 53312.7(a), the local goals and policies required in connection with any proceedings taken, special tax levied or bonds issued pursuant to this Chapter, may be adopted at any time prior to or during the proceedings to establish a community facilities district.

(Ord. No. 2012-004A § 1 (part))

In the event of any conflict between the provisions of this Chapter and the provisions of the Mello-Roos Community Facilities Act of 1982, this Chapter shall govern.

(Ord. No. 2012-004A § 1 (part))