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If property not otherwise exempt from a special tax levied pursuant to this Chapter is acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall, notwithstanding Section 6.748, continue to be levied on the property acquired and shall be enforceable against the public entity that acquired the property.
Any public agency other than a city, county or school district may subject property owned by it to the levy of special taxes, if it certifies to the Council: (a) its agreement to do so, (b) that it intends to dispose of the property by transfer to a nongovernmental agency at some time in the future, and (c) that it agrees to cooperate in the sale of the property if necessary to obtain funds to pay any special taxes levied upon the property.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
If property subject to a special tax levied pursuant to this Chapter is acquired by the City or any public entity through eminent domain proceedings, the obligation to pay the special tax shall be treated, pursuant to Section 1265.250 of the California Code of Civil Procedure, as if it were a special annual assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal and interest on any debt incurred by the District prior to the date of apportionment determined pursuant to California Revenue and Taxation Code Section 5082 shall be treated the same as a fixed lien special assessment.
If the City or a local agency owning property, which is exempt from a special tax pursuant to Subsection E. of Section 6.702, grants a leasehold or other possessory interest in the property of a nonexempt person or entity, the special tax shall, notwithstanding Subsection E., be levied on the leasehold or other possessory interest and shall be payable by the owner of the leasehold or possessory interest. When entering into a lease or other written contract creating a possessory interest that may be subject to taxation pursuant to this Section 6.710, and the special tax would be collected by the Los Angeles County Assessor, the City or local agency shall include, or cause to be included, in the contract a statement that the property interest may subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
Amended by: Title amended and second para. added, Ord. No. 177,974, Eff. 12-3-06; Second para., Ord. No. 179,539, Eff. 3-2-08.
A. The Council may enter into a joint community facilities agreement with any other local agency pursuant to this Chapter or into a joint exercise of powers agreement pursuant to state law exercise any power authorized by this Chapter if the Council adopts a resolution declaring that the joint powers agreement would be beneficial to the residents of the City or the District.
B. Notwithstanding Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code, a contracting party may use the proceeds of any special tax or charge levied or of any Debt issued pursuant to this Chapter to provide facilities or services, which that contracting party is otherwise authorized by law to provide, even though another contracting party does not have the power to provide those facilities or services.
C. The agreement entered into pursuant to this Section 6.711 may provide for the division of responsibility to provide any of the facilities or services among the entities entering into the agreement. The agreement may provide for the allocation and distribution of the proceeds of any special tax levy among the parties to the agreement.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
Section
6.712 Institution of Proceeding; Request; Petition; Fee.
6.713 Finding of Benefit.
6.714 Petition; Contents; Findings as to Requisite Number of Signatories.
6.715 Resolution of Intention to Establish District; Time for Adoption.
6.716 Resolution of Intention to Establish District; Contents.
6.717 Report and Estimate of Costs by Responsible Officers; Part of Hearing Record.
6.718 Required Notice of Hearing.
6.719 Optional Notice of Hearing.
6.720 Protests; Interested Persons or Taxpayers.
6.721 Written Protest; Further Proceedings to Create District; Elimination of Special Tax or Types of Facilities or Services from Ordinance of Formation.
6.722 Hearing; Continuances; Time Limitation; Exception; Modification of Resolution of Intention; Determination to Abandon or Proceed with Establishment of District.
6.723 Adoption of Ordinance of Formation Establishing District; Contents; Finding Concerning Validity and Conformity of Prior Proceedings.
6.724 Special Tax; Basis for Apportionment.
6.725 Noncontiguous Areas; Alteration of Boundaries.
6.726 Establishment or Changing Appropriations Limit; Election on Propositions, Adjustment.
6.727 Special Tax Levy; Election; Voter Qualifications; Ballots.
6.728 Elections; Law Governing.
6.729 Ballot Materials.
6.730 Special Tax Levy; Effect of Voter Approval or Disapproval.
6.731 Application of California Streets and Highways Code with Respect to Special Taxes; Filings.
6.732 Special Tax; Levy and Apportionment.
Proceedings for the establishment of a Community Taxing District may be instituted by the Council on its own initiative and shall be instituted by the Council when any of the following occurs:
A. A written request for the establishment of a District, signed by two members of the Council, describing the boundaries of the territory 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 Council;
B. A petition requesting the institution of the proceedings signed by the requisite number of registered voters, as specified in Subsection D of Section 6.714, is filed with the City Clerk. The petition may consist of any number of separate instruments, each of which complies 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 6.714, is filed with the City Clerk.
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 that the City Administrative Officer 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 the payment has been made to the City.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
A petition requesting the institution of proceedings to establish a Community Taxing District shall do all of the following:
A. Request the Council to institute proceedings to establish a Community Taxing District pursuant to this Chapter;
B. Describe the boundaries of the territory proposed for inclusion in the District;
C. Generally state the type or types of capital facilities and/or services to be financed by the District;
D. 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.
If the 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.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
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