Marina Municipal Code Art. I CFD No. 2007-2

Special taxes shall be annually levied on all developed single-family units (as hereinafter defined) in city of Marina Community Facilities District No. 2007-2 (landscape and park maintenance) (the “district”), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. (Ord. 2007-09 § 1 (Exh. A), 2007)

As used in this chapter: “Assessor’s parcel” means a parcel of land in the district designated and assigned a discrete identifying number on a map of the county assessor of the county of Monterey. “CFD administrator” means the city manager for the city of Marina, or his/her designee, responsible for the activities of the district. “City” means the city of Marina, California. “Developed single-family unit (DSFU)” means a residential dwelling unit on an assessor’s parcel for which a building permit has been issued by the city on or prior to May 1st preceding the fiscal year in which the special tax is being levied. “Fiscal year” means the period beginning on July 1st and ending on the following June 30th. “Maximum special tax” means the maximum special tax that can be levied by CFD No. 2007-2 in any fiscal year on any assessor’s parcel. “Operating fund” means a fund that shall be maintained for CFD No. 2007-2 for any fiscal year to pay for the actual costs of maintenance related to the service area, and the applicable administrative expenses. “Operating fund balance” means the amount of funds in the operating fund at the end of the preceding fiscal year. “Service area” means exterior landscape and park areas on Paddon Place, Reservation Road, and along the TAMC right-of-way. “Special tax” means any of the special taxes authorized to be levied within CFD No. 2007-2 pursuant to the Act to fund the special tax requirement. “Special tax requirement” means the amount determined in any fiscal year for CFD No. 2007-2 equal to: (i) the budgeted costs directly related to the service area, including maintenance, repair and replacement of certain components of the service area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current fiscal year, (ii) administrative expenses, and (iii) anticipated delinquent special taxes based on the delinquency rate in CFD No. 2007-2 for the previous fiscal year, less (iv) the operating fund balance, as determined by the CFD administrator. “Unit” means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. (Ord. 2007-09 § 1 (Exh. A), 2007)

Commencing fiscal year 2008—2009 and for each subsequent fiscal year, the city, through administrative action, shall cause to be levied special taxes on all assessor’s parcels containing a developed single-family unit, up to the applicable maximum special tax to fund the special tax requirement. The maximum special tax for fiscal year 2008—2009 shall be eight hundred ninety-eight dollars and fifty-eight cents per developed single-family unit. On each July 1st, commencing July 1, 2009, the maximum special tax shall be increased by two percent of the approved maximum special tax in effect in the prior fiscal year. The CFD administrator, without action of the city council, may initiate any such annual increase. (Ord. 2007-09 § 1 (Exh. A), 2007)

The special tax shall be levied in perpetuity to fund the special tax requirement, unless no longer required as determined at the sole discretion of the Marina city council. (Ord. 2007-09 § 1 (Exh. A), 2007)

The special tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-2 may collect the special tax at a different time or in a different manner if necessary to meet its funding requirements. (Ord. 2007-09 § 1 (Exh. A), 2007)