Santa Ana Municipal Code § 20-41 Same—Form

Except as otherwise provided in this article, the city council may, at any time, after conducting a public hearing, eliminate one (1) or more of the types of facilities and services specified in the resolution of formation to establish the existing district but may not finance any types of facilities and services that were not specified in the resolution of formation.

(Ord. No. NS-2033, § 2, 11-20-89)

The city council shall not adopt a resolution of consideration to reduce the rate of any special tax or terminate the levy of any special tax, if the proceeds of that tax are being utilized to retire any debt incurred pursuant to this code, unless the city council determines that the reduction or termination of that tax would not interfere with the timely retirement of that debt. Otherwise, the city council may adopt a resolution of consideration when:

(a) If the city council determines that the public convenience and necessity require any change in the types of authorized facilities or services which should be financed by an established community facilities district, that the rate or method of apportionment of a special tax should be changed, or that a new special tax should be proposed, the city council may adopt a resolution of consideration to alter the types of facilities or services to be financed by the district, to levy a new special tax or special taxes, or, except as provided in subsection (b), to alter the rate or method of apportionment of the special tax; or

(b) If a petition signed by fifty (50) per cent or more of the registered voters residing in the district or by the owners of fifty (50) per cent or more of the territory within the district is filed with the city clerk requesting that proceedings be commenced to change the types of facilities or services financed by the district or that the rate or method of apportionment of an existing special tax be changed or that a new special tax be levied, the city council shall within ninety (90) days thereafter adopt a resolution of consideration in the form specified in section 20-41 to make those changes within the community facilities. Any petition filed by landowners shall be accompanied by the payment of such fee as the finance director determines is sufficient to compensate the city for all costs incurred in conducting pursuant to this article.

(Ord. No. NS-2033, § 2, 11-20-89)

The resolution of consideration shall do all of the following:

(a) State the name of the existing district and refer to the resolution of formation for further particulars.

(b) Generally describe the territory included in the district or make reference to the recorded boundary map thereof.

(c) Specify the changes in facilities and/or services which the district is authorized to finance.

(d) Specify any new special taxes which would be levied to pay for new or existing facilities and services and any proposed alteration to the rate of method or apportionment of an existing special tax.

(e) Fix a time and place for a hearing upon the resolution of consideration which shall not be less than ten (10) or more than sixty (60) days after the adoption of the resolution of consideration.

(Ord. No. NS-2033, § 2, 11-20-89)

The city clerk shall give or cause to be given notice of the hearing in the same manner, containing the same information, as applicable, and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a community facilities district under section 20-23 hereof.

(Ord. No. NS-2033, § 2, 11-20-89)

The provisions of sections 20-25 through 20-38 shall apply to the proceedings for changes.

(Ord. No. NS-2033, § 2, 11-20-89)

The legislative body may, by code, dissolve any existing district which it has created upon making all of the following determinations:

(a) That the district is not obligated to pay any outstanding debt; and

(b) That the district has no authorization to levy any special tax.

Upon dissolving a district, the city council shall cause an addendum to be recorded to the notice of special tax lien recorded pursuant to Section 3114.5 of the California Streets and Highways Code which shall state that the community facilities district and all associated liens, if any, have been dissolved.

(Ord. No. NS-2033, § 2, 11-20-89)