Sec. 6.723. Adoption of Ordinance of Formation Establishing District; Contents; Finding Concerning Validity and Conformity of Prior Proceedings.

   If the Council determines to establish the District, it shall adopt an ordinance of formation establishing the District. The ordinance 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 6.716. 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 6.721, the ordinance 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 6.721;

   C.   Identify any facilities and/or services, as may be changed under Sections 6.721 or 6.722, 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 or the District that will be responsible for preparing annually a current roll of special tax, levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 6.749;

   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 cancelled in accordance with law or until collection of the tax by the City or the District ceases.

   G.   Set forth the book and page in the Book of Maps of Assessments and Community Facilities Districts in the Los Angeles County Recorder’s Office where the boundary map of the proposed Community Taxing 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 6.727;

   I.   At the option of the Council, provide for the establishment of or change in the appropriations limit under Section 6.726.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Amended by: First para., Ord. No. 177,974, Eff. 12-3-06.

Sec. 6.724. Special Tax; Basis for Apportionment.

   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 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.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Sec. 6.725. Noncontiguous Areas; Alteration of Boundaries.

   A.   A Community Taxing District may include areas of territory that are not contiguous.

   B.   In establishing the boundaries of the District, the 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.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Sec. 6.726. Establishment or Changing Appropriations Limit; Election on Propositions, Adjustment.

   The 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 Taxing 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, 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.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Sec. 6.727. Special Tax Levy; Election; Voter Qualifications; Ballots.

   A.   By ordinance, the Council shall submit the levy of any special taxes to the qualified electors of the proposed Community Taxing 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, not more than one hundred eighty days, following the adoption of the ordinance of formation. The Council shall provide the ordinance of formation, a certified map of sufficient scale and clarity to show the boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District after the adoption of the ordinance of formation, if requested by the City Clerk. 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 City Clerk. 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 City Clerk.

   B.   Except as otherwise provided in Subsection C of this section, 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 Taxing 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 owner’s authorized representative, shall have one vote for each acre or portion of an acre of land that the owner owns within the proposed Community Taxing District. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

   C.   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 of an acre, 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.

   D.   Ballots for the special election authorized by Subsection A of this section 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. If all the qualified voters have voted, the election shall be closed.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Sec. 6.728. Elections; Law Governing.

   A.   Except as otherwise provided in this Chapter, the provisions of law regulating elections of the City, insofar as they may apply, 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.

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.

Sec. 6.729. Ballot Materials.

   A.   If the election is to be conducted by mail or hand delivered ballot, the City Clerk shall provide ballots and election materials pursuant to Subsection D of Section 6.727 and 6.728, 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:

   1.   The name of the landowner;

   2.   The address of the landowner;

   3.   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;

   4.   The date of signing and place of execution of the declaration immediately described above;

   5.   The printed name and signature of the voter;

   6.   The address of the voter;

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

SECTION HISTORY

Added by Ord. No. 177,051, Eff. 11-20-05.