Article II — Proceedings to Create a Community Facilities District

A.

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

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 district and specifying the type or types of facilities and/or services to be financed by the district, is filed with the legislative body;

A petition requesting the institution of the proceedings signed by the requisite number of registered voters, as specified in Section 3.36.210(A)(4), is filed with the city clerk. 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;

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 Section 3.36.210(A)(4),is filed with the city clerk.

B.

The written request filed pursuant to subsection A (4) of this section and the petitions filed pursuant to subsection A(2) and (3) shall be accompanied by the payment of a fee in an amount which the finance director determines is sufficient to compensate the city for all costs incurred in conducting proceedings to create a district pursuant to this chapter, and shall not be considered received until such payment has been made to the city.

(Ord. 2466 § 2 (2-1), 1989)

(Ord. No. 3112, § 4, 2-25-20)

Notwithstanding paragraph (2) of subdivision (a) of Section 54790 of the California Government Code, a local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a community facilities district or a proposal to annex territory to, or detach territory from, such district, pursuant to this chapter.

(Ord. 2466 § 2 (2-2), 1989)

A.

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

Request the city council to institute proceedings to establish a community facilities district pursuant to this chapter;

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

Generally state the type or types of facilities and/or services to be financed by the district;

Be signed by not less than ten percent of the registered voters residing within the territory proposed to be included within the district or by owners of not less than ten percent of the area of land proposed to be included within the district.

B.

If the city council 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.

(Ord. 2466 § 2 (2-3), 1989)

Within six months after either a written request by two members of the city council or a petition requesting the institution of proceedings for the establishment of a community facilities district is filed with the city clerk, it shall adopt a resolution of intention to establish a community facilities district in the form specified in Section 3.36.230.

(Ord. 2466 § 2 (2-4), 1989)

(Ord. No. 3112, § 4, 2-25-20)

Proceedings for the establishment of a community facilities district shall be instituted by the adoption of a resolution of intention to establish the district which shall do all of the following:

A.

State that a community facilities district is proposed to be established under the terms of this chapter and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the city clerk, showing the proposed community facilities district;

B.

State the name proposed for the district in substantially the following form: "Community Facilities District No. of the City of Whittier";

C.

Generally state the type or types of facilities and/or services proposed to be financed by the district pursuant to this chapter. If the purchase of completed facilities or the incurring of incidental expenses is proposed, the resolution may identify those facilities or expenses;

D.

State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities and/or services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the area of the district. The resolution shall specify the rate and method of apportionment and manner of collection of the special tax in sufficient detail to allow each landowner or resident within the proposed district to estimate the maximum amount that he/she will have to pay;

E.

Fix a time and place for a public hearing on the establishment of the district which shall not be less than ten or more than sixty days after the adoption of the resolution and direct the giving of notice as provided in Section 3.36.250 and, if desired, 3.36.260;

F.

Direct the preparation and filing of the report under Section 3.36.240;

G.

Contain a description of the proposed voting procedure.

(Ord. 2466 § 2 (2-5), 1989)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

At the time of the adoption of the resolution of intention to establish a community facilities district, the city council shall direct the finance director or another appropriate officer to file or cause to be prepared and filed at or before the time of the hearing, a report with the city clerk containing a brief description of the facilities and services proposed to be financed by type and an estimate of the cost of providing those facilities and services, together with an estimate of the costs of any bond issuance and the city's administration of the district. If the purchase of completed facilities or the payment of incidental expenses is proposed, the report shall contain an estimate of the cost of those facilities or

incidental expenses. The report shall be made a part of the record of the hearing on the resolution of intention to establish the district.

(Ord. 2466 § 2 (2-6), 1989)

(Ord. No. 3112, § 4, 2-25-20)

A.

The city clerk shall publish a notice of the hearing once in a newspaper of general circulation circulated in the proposed district. Publication shall be complete at least seven days prior to the date of the hearing.

B.

The notice shall contain all of the following information:

The text of the resolution of intention to establish the district;

The time and place of the hearing on the establishment of the district;

A statement that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district, or the furnishing of specified types of facilities and/or services will be heard. The notice shall also describe, in summary, the effect of protests made by registered voters or landowners against the establishment of the district, the extent of the district, the furnishing of a specified type of facilities or services, or a specified special tax, as provided in Section 3.36.280.

A description of the proposed voting procedure.

(Ord. 2466 § 2 (2-7), 1989)

(Ord. No. 3112, § 4, 2-25-20)

The city council may also direct the city clerk to give notice of the hearing by first-class mail to each registered voter and to each landowner within the proposed district. This notice shall be mailed at least ten days before the hearing and shall contain the same information as is required to be contained in the notice published pursuant to Section 3.36.250, except that the entire text of the resolution of intention may be omitted if the date, number and fact of its adoption are shown and the proposed facilities and/or services are briefly described and the proposed amounts and method of apportionment of the special tax are shown.

(Ord. 2466 § 2 (2-8), 1989)

(Ord. No. 3112, § 4, 2-25-20)

At the hearing, protests against the establishment of the district, the extent of the district, or the furnishing of specified types of facilities or services within the district may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the alleged irregularities and defects. To be counted under Section 3.36.280 any written protest shall be filed with the city clerk on or before the time fixed for the hearing. The city council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing.

(Ord. 2466 § 2 (2-9), 1989)

(Ord. No. 3112, § 4, 2-25-20)

A.

If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a minority, no further proceedings to create the specified community facilities district or to levy the specified special tax shall be taken for a period of six months from the date of the decision of the city council.

B.

If the majority protests are only against the furnishing of a specified type or types of facilities or services within the proposed district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation.

(Ord. 2466 § 2 (2-10), 1989)

A.

The hearing may be continued from time to time without further notice under Section 3.36.250 or 3.36.260, but shall be completed within six months of the original hearing date. The city council may modify the resolution of intention by eliminating proposed facilities or services, or by changing the rate or method of apportionment of the proposed special tax so as to reduce the maximum special tax to be levied on all or a portion of the property within the proposed district, or by removing territory from the proposed district.

B.

At the conclusion of the hearing, the city council may abandon the proposed establishment of the community facilities district or may, after passing upon all protests, determine to proceed with establishing the district, except as provided in

If the city council determines to establish the district, it shall adopt a resolution of formation establishing the district. The resolution of formation shall incorporate by reference all of the information required to be included in the resolution of intention to establish the district specified in Section 3.36.230. If a special tax is proposed to be levied in the district to

pay for any facilities and/or services and the special tax has not been eliminated by majority protest pursuant to Section 3.36.280, the resolution shall state that fact and all of the following:

A.

Determine whether all proceedings were valid and in conformity with the requirements of this chapter, which finding shall be final and conclusive;

B.

State that the proposed special tax to be levied within the district has not been precluded by majority protest pursuant to Section 3.36.280;

C.

Identify any facilities and/or services, as may be changed under Section 2.36.280 or 2.36.290, proposed to be funded with the proceeds of the special tax;

D.

Set forth the proposed rate and method of apportionment of the special tax;

E.

Set forth the name, address, and telephone number of the office, department, or bureau of the city which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 3.36.630;

F.

State that upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the city council ceases;

G.

Set forth the county of recordation and the book and page in the Book of Maps of Assessments and Community Facilities Districts in the county recorder's office where the boundary map of the proposed community facilities district has been recorded pursuant to Sections 3111 and 3113 of the California Streets and Highways Code;

H.

Provide for the conduct of the election required under Section 3.36.350;

I.

At the option of the city council, provide for the establishment of or change in the appropriations limit under Section 3.36.340.

(Ord. 2466 § 2 (2-12), 1989)

A tax imposed pursuant to this chapter is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property. However, a special tax levied pursuant to this chapter

may be on or based on benefit received by parcels of real property, the cost of providing facilities and/or services available to each parcel, or any other reasonable basis as determined by the city council. A special tax apportioned on any of these bases shall not be construed to be on or based upon the ownership of real property.

(Ord. 2466 § 2 (2-13), 1989)

A.

A community facilities district may include areas of territory that are not contiguous.

B.

In establishing the boundaries of the district, the city council may alter the exterior boundaries of the district to include less territory than that described in the recorded boundary map but it may not include any territory not described in that map.

(Ord. 2466 § 2 (2-14), 1989)

Land devoted primarily to agricultural, timber, or livestock uses and being used for the commercial production of agricultural, timber or livestock products may be included in a community facilities district only if such land is contiguous to other land which is included within the described exterior boundaries of the community facilities district, and only if the legislative body finds that the land will be benefited by any of the types of public facilities and services proposed to be provided within the district. The land may, however, be included in the community facilities district, if the owner requests its inclusion.

(Ord. 2466 § 2 (2-15), 1989)

The city council may submit a proposition to establish or change the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a community facilities district to the qualified electors of a proposed or established district. The proposition establishing or changing the appropriations limit shall become effective if approved by the qualified electors voting on the proposition and shall be adjusted for changes in the cost of living and changes in populations, as defined by subdivisions (b) and (c) of Section 7901, except that the change in population may be estimated by the legislative body in the absence of an estimate by the State of California Department of Finance, and in accordance with Section 1 of Article XIII B of the California Constitution. For purposes of adjusting for changes in population, the population of the district shall be deemed to be at least one person during each calendar year.

(Ord. 2466 § 2 (2-16), 1989)

By resolution, the city council shall submit the levy of any special taxes to the qualified electors of the proposed 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 California Elections Code, at least five days, but not more than one hundred eighty days, following the adoption of the resolution of formation. The legislative body shall provide the resolution of formation, a certified map of sufficient scale and clarity to show the boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election after the adoption of the resolution of formation, if requested by the official conducting the election. Assessor's parcel numbers for the land within the district shall be included if it is a

landowner election or the district does not conform to an existing district's boundaries, if requested by the official conducting the election. If the election is to be held less than one hundred twenty-five days following the adoption of the resolution of formation and the election official is other than the city clerk, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this section or requirement pertaining to the conduct of the election may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official conducting the election. In the event of such unanimous waiver, the election official shall be the city clerk.

(Ord. 2466 § 2 (2-17(a)), 1989)

(Ord. No. 3112, § 4, 2-25-20)

Except as otherwise provided in Section 3.36.370, if at least twelve persons, who need not necessarily be the same twelve persons, have been registered to vote within the territory of the proposed community facilities district for each of the ninety days preceding the date of the protest hearing, the vote shall be by the registered voters of the proposed district, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each landowner who is the owner of record at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he/she owns within the proposed community facilities district. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

(Ord. 2466 § 2 (2-17(b)), 1989)

(Ord. No. 3112, § 2, 2-25-20)

If the proposed special tax will not be apportioned in any tax year on any portion of property in the district in residential use in that tax year, as determined by the legislative body, the legislative body may provide that the vote shall be by the landowners of the proposed district whose property would be subject to the tax if it were levied at the time of the election. Each of these landowners shall have one vote for each acre, or portion thereof, that the landowner owns within the proposed district which would be subject to the proposed tax if it were levied at the time of the election.

(Ord. 2466 § 2 (2-17(c)), 1989)

Ballots for the special election authorized by Section 3.36.350 may be distributed to qualified electors by mail with return postage prepaid or by personal service by the election official. The election official may provide a certificate of the proper mailing or delivery of ballots, which certificate shall constitute conclusive proof of mailing or delivery in the absence of fraud. The voted ballots shall be returned to the election officer conducting the election not later than the time specified in the resolution calling the election. However, if all the qualified voters have voted, the election shall be closed.

(Ord. 2466 § 2 (2-17(d)), 1989)

A.

Except as otherwise provided in this chapter, the provisions of law regulating elections of the city, insofar as they may be applicable, shall govern all elections conducted pursuant to this chapter. Except as provided in subsection B of this

section, there shall be prepared and included in the ballot material provided to each voter an impartial analysis, and arguments and rebuttals, if any.

B.

Analysis and arguments may be waived with the unanimous consent of all the qualified electors.

(Ord. 2466 § 2 (2-18), 1989)

A.

If the election is to be conducted by mail or hand-delivered ballot, the election official conducting the election shall provide ballots and election materials pursuant to Sections 3.36.380 and 3.36.390, together with all supplies and instructions necessary for the use and return of the ballot.

B.

The identification envelope for return of ballots used in landowner elections shall contain the following:

The name of the landowner;

The address of the landowner;

A declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope;

The date of signing and place of execution of the declaration described in subdivision 3 of this subsection;

The printed name and signature of the voter;

The address of the voter;

A notice that the envelope contains an official ballot and is to be opened only by the election official.

(Ord. 2466 § 2 (2-19), 1989)

A.

After the canvass of returns of any election pursuant to Section 3.36.350 the city council may levy any special tax as specified in the resolution of formation adopted pursuant to Section 3.36.300 within the territory of the district, if two-

thirds of the votes cast upon the question of levying the tax are in favor of levying that tax.

B.

After the canvass of returns of any election conducted pursuant to Section 3.36.350 the city council shall take no further action with respect to levying the specified special tax within the community facilities district for six months from the date of the election, if the question of levying that specified special tax fails to receive approval by two-thirds of the votes cast upon the question.

(Ord. 2466 § 2 (2-20), 1989)

A.

Upon a determination by the city council that the requisite two-thirds of votes cast in an election held pursuant to Section 3.36.350 are in favor of levying the special tax, the city clerk shall record or cause to be recorded the notice of special tax lien provided for in Section 3114.5 of the California Streets and Highways Code, whereupon the lien of the special tax shall attach as provided in Section 3115.5 of the California Streets and Highways Code. The notice of special tax lien shall be recorded in the office of the county recorder in each county in which any portion of the district is located.

B.

Division 4.5 (commencing with Section 3100) of the California Streets and Highways Code applies with respect to any special tax levied pursuant to this chapter. This chapter is a "principal act" as that term is defined in Section 3100 of the California Streets and Highways Code.

(Ord. 2466 § 2 (2-21), 1989)

(Ord. No. 3112, § 4, 2-25-20)

A.

Upon approval of a special tax pursuant to Section 3.36.410(A), the special tax may be levied only at the rate and may be apportioned only in the manner specified in the resolution of formation, except as provided in Article III of this chapter, and except that the legislative body may levy the special tax at a rate lower than that specified in the resolution of formation. In addition, the special tax may be levied only so long as it is needed to pay the principal and interest on debt incurred in order to construct facilities under authority of this chapter, or so long as it is needed to pay the costs and incidental expenses of services or of the construction of facilities authorized by this chapter.

B.

When the city council determines that the special tax shall cease to be levied, the city council shall direct the city clerk to record a notice of cessation of special tax which shall state that the obligation to pay the special tax has ceased and that the lien imposed by the notice of special tax lien is extinguished. The notice of cessation of special tax shall identify the book and page of the Book of Maps of Assessment and Community Facilities Districts wherein the map of the boundaries of the district is recorded, and wherein the notice of special tax lien is recorded.

(Ord. 2466 § 2 (2-22), 1989)

(Ord. No. 3112, § 4, 2-25-20)