Skip to code content (skip section selection)
(A) The City Council hereby authorizes and levies special taxes within the Community Facilities District No. 5 (RiverPark), pursuant to the Mello-Roos Community Facilities Act of 1982, Cal. Gov't Code, Section 53311 et seq., as amended, at the rates and in accordance with the rate and method, a copy of which is attached as Exhibit B to Ordinance 2701, which rate and method is by this reference incorporated herein. The special taxes under the rate and method are hereby levied commencing in the current fiscal year and in each fiscal year thereafter until the time set forth in the rate and method. Within the district, special taxes shall be levied pursuant to this section only.
(B) The Financial Services Manager of the city is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the district in the manner and as provided in the rate and method and to file with the Ventura County Auditor on or before the 10th day of August of each tax year a certified copy of such ordinance or resolution accompanied by a list of all parcels subject to the special tax levy with the tax to be levied on each parcel during such fiscal year. All of the collections of the special tax in the district shall be used as provided for in the Act, the resolution of formation, and the rate and method, including the payment of the costs of the city in administering the district, and the costs of collecting and administering the special tax in the district.
(C) Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the rate and method, but subject to the provisions of Cal. Gov't Code, Section 53317.3 in effect as of the date of adoption of this section. In no event shall the special taxes be levied on any parcel within the district in excess of the maximum special tax specified in the rate and method. In the event that a portion of the property within the district shall become for any reason exempt, wholly or in part, from the levy of the special tax pursuant to the rate and method, the City Council will, on behalf of the district, increase the levy to the extent necessary upon the remaining property within the district which is not exempt in order to yield the annual expenses of the district, if any, subject to the maximum special tax specified in the rate and method for the district.
(D) (1) The special taxes shall be collected from time to time as necessary to meet the financial obligations of the district on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. The Financial Services Manager is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Ventura and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the district in each fiscal year.
(2) Notwithstanding the foregoing, the Financial Services Manager may collect one or more installments of the special taxes on any one or more parcels in the district by means of direct billing by the city of the property owners within the district, if, in the judgment of the Financial Services Manager, such means of collection will reduce the administrative burden on the city in administering the district or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners.
(3) Whether the special taxes are levied in the manner provided in subsection (1) or (2), the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes.
(E) If for any reason any portion of this section is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the district, by a court of competent jurisdiction, the balance of this section, and the application of the special tax to the remaining parcels within the district shall not be affected.
(F) This section relating to the levy of the special taxes shall take effect immediately upon its final passage in accordance with the provisions of Cal. Gov't Code, Section 36937(a), and the specific authorization for adoption is pursuant to the provisions of Cal. Gov't Code, Section 53340.
(G) The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Ventura a notice of special tax lien in the form required by the Act and Division 4.5 of the California Streets and Highways Code, said recording to occur no later than 15 days following final passage by the City Council of this section.
(Ord. No. 2701)