Loading...
The Council may, by ordinance, dissolve any existing District that 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 Council shall cause an addendum to be recorded to the Notice of Special Tax Lien pursuant to California Streets and Highways Code Section 3114.5, which shall state that the Community Taxing District and all associated liens, if any, have been dissolved.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
Section
6.739 Authorization.
6.740 Adoption of Resolution of Intention.
6.741 Resolution of Intention; Contents.
6.742 Notice of Hearing.
6.743 Protests.
6.744 Abandonment of Proposal; Required Number of Written Protests.
6.745 Continuance and Duration of Hearing; Abandonment of Proceedings; Submission of Special Tax Question to Electors.
6.746 Addition of Territory with Full Legal Effect; Special Tax Levy.
6.747 Failure to Receive Approval of Two-thirds of Voters; Prohibition of Further Action.
If the Council determines that public convenience and necessity require that territory be added to an existing Community Taxing District, or if one or more of the voters residing within certain territory or landowners request the Council to include territory within the District, the Council may adopt a resolution of intention to annex the territory.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
The resolution of intention to annex the territory shall do all of the following:
A. State the name of the existing Community Taxing District;
B. Generally describe the territory included in the existing District and the territory proposed to be annexed;
C. Specify the types of facilities and/or services provided pursuant to this Chapter in the existing District and the types of facilities and/or services to be provided in the territory proposed to be annexed; and include a plan for sharing facilities and providing services that will be provided in common with the existing District and the territory proposed to be annexed;
D. Specify any special taxes that would be levied within the territory proposed to be annexed to pay for facilities and/or services provided pursuant to this Chapter within that territory. A special tax proposed to pay for services to be supplied within the territory proposed to be annexed shall be equal to any special tax levied to pay for the same services in the existing District, except that a higher or lower tax may be levied within the territory proposed to be annexed to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the existing District. A special tax proposed to pay for facilities financed with Debt secured by the existing Community Taxing District shall be the same as the tax levied in the existing District for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed to compensate for the interest and principal previously paid by the existing Community Taxing District, less any depreciation allocable to the facility as determined by the Council in its sole discretion;
E. Specify any alteration in the special tax rate levied within the existing Community Taxing District as a result of the proposed annexation. The maximum tax rate in the existing Community Taxing District may not be increased as a result of proceedings pursuant to this subdivision;
F. Fix a time and place for a hearing upon the resolution which shall not be less than ten nor more than sixty days after the adoption by the Council of the resolution of intention to annex territory pursuant to Section 6.740.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
The City Clerk shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a Community Taxing District, as required by Section 6.718.
The notice shall do all of the following:
A. Contain the text of the resolution adopted pursuant to Section 6.741;
B. State the time and place for the hearing;
C. State that at the hearing the testimony of all interested persons for or against the annexation of territory to the Community Taxing District or the levying of special taxes within the territory proposed to be annexed will be heard.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
At the hearing, protests against the proposals described in the resolution of intention may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the hearing. The 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.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
Loading...