Huntington Beach Municipal Code Art. III Proceedings to Create a Community Facilities District

Proceedings for the establishment of a community facilities district may be instituted by the legislative body on its own initiative and shall be instituted by the legislative body when any of the following occurs:

A. A written request for the establishment of a district, signed by two members of the legislative body, describing the boundaries of the territory which is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the district, is filed with the legislative body.

B. A petition requesting the institution of the proceedings signed by the requisite number of registered voters, as specified in subsection D of Section 3.56.210, is filed with the clerk of the legislative body. The petition may consist of any number of separate instruments, each of which shall comply with all of the requirements of the petition, except as to the number of signatures.

C. A petition requesting the institution of the proceedings signed by landowners owning the requisite portion of the area of the proposed district, as specified in subsection D of Section 3.56.210, is filed with the clerk of the legislative body.

D. The written request filed pursuant to subsection A of this section and the petitions filed pursuant to subsections B and C of this section shall be accompanied by the payment of a fee in an amount which the legislative body determines is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a district pursuant to this Code.

(3417-6/99, 3546-4/02, 3751-11/06)

A petition requesting the institution of proceedings for the establishment of a community facilities district shall do all of the following:

A. Request the legislative body to institute proceedings to establish a community facilities district pursuant to this Code.

B. Describe the boundaries of the territory which is proposed for inclusion in the district.

C. State the type or types of facilities and services to be financed by the district.

D. Be signed by not less than 10% of the registered voters residing within the territory proposed to be included within the district or by owners of not less than 10% of the area of land proposed to be included within the district. If the legislative body finds that the petition is signed by the requisite number of registered voters residing within the territory proposed to be included within the district or by the requisite number of owners of land proposed to be included within the district, that finding shall be final and conclusive.

(3417-6/99, 3546-4/02, 3751-11/06)

Within 90 days after either a written request by two members of the legislative body or a petition requesting the institution of proceedings for the establishment of a community facilities district is filed with the legislative body, it shall adopt a resolution of intention to establish a community facilities district in the form specified in Section 53321 of the Act.

(3417-6/99, 3546-4/02, 3751-11/06)

A. At the time of the adoption of the resolution of intention to establish a community facilities district, the legislative body shall direct each of its officers who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing, file a report with the legislative body containing a brief description of the public facilities and services by type which will in his or her opinion be required to adequately meet the needs of the district and his or her estimate of the cost of providing those public facilities and services. If the purchase of completed public facilities or the payment of incidental expenses is proposed, the legislative body shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses.

B. If removal or remedial action for the cleanup of any hazardous substance is proposed, the legislative body shall (1) direct its responsible officer to prepare or cause to be prepared, a remedial action plan based upon factors comparable to those described in subdivision (c) of Section 25356.1 of the Health and Safety Code or (2) determine, on the basis of the particular facts and circumstances, which shall be comparable to those described in subdivision (g) of Section 25356.1 of the Health and Safety Code, that the remedial action plan is not required or (3) condition financing of the removal or remedial action upon approval of a remedial action plan pursuant to Section 25356.1 of the Health and Safety Code. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district.

(3417-6/99, 3546-4/02, 3751-11/06)

If the owners of all of the land to be subject to the levy of special taxes within a proposed district, or within the territory proposed to be annexed to an existing district, file petitions with the City Clerk requesting the formation of the district or the annexation of territory to an existing district, respectively, the public hearing referred to in Section 53321(e) or 53339.3(f), as applicable, of the California Government Code may occur not less than 14 days after adoption of the resolution of intention to form or to annex territory to the district, as applicable, rather than the minimum of 30 days otherwise specified in said sections of the California Government Code.

(3546-4/02)