Chapter 3.18
COMMUNITY FACILITIES DISTRICTS

Sections:

3.18.010    Community facilities district No. 1.

3.18.020    Community facilities district No. 2.

3.18.010 Community facilities district No. 1.

A.    Creation.  By the passage of the ordinance codified in this section the city council authorizes and levies special taxes within the district pursuant to California Government Code Section 53328 and 53340, at the rate and in accordance with the formula set forth in the resolution of formation, Resolution 95-70, which resolution is by this reference incorporated in this section.  The special taxes are levied commencing in fiscal year 1996-97 and in each fiscal year thereafter for payment for the services provided by the district and all costs of administering the district.

B.    Rate of Tax.  The city manager of the city of Kerman, or in his absence the finance director of the city, is authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the district, in the manner and as provided in the resolution of formation.  The initial rate shall be one hundred sixty-eight dollars per dwelling unit per year.

C.    Exemptions.  Properties or entities of the state or local governments shall be exempt from any levy of the special taxes to the extent set forth in the resolution of formation.  In no event shall the special taxes be levied on any parcel within the district in excess of the maximum tax specified in the rate and method of apportionment of special taxes included by reference in the resolution of formation.

D.    Use.  All of the collections of the special tax shall be used as provided in the resolution of formation, including the payment of services provided the district, the payment of the costs of the city in administering the district and the costs of collecting and administering the special tax.

E.    Collection.  The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and 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 city manager of the city, or in his absence, the finance director of the city, is authorized and directed to provide all necessary information to the auditor/tax collector of the county of Fresno in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the county of Fresno for fiscal year 1996-97 and for each fiscal year thereafter until the special tax ceases to be levied and a notice of cessation of special tax is recorded.

F.    Severability.  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.  (Ord. 95-08 §1, 1995).

3.18.020 Community facilities district No. 2.

A.    Creation.  By the passage of the ordinance codified in this section the city council authorizes and levies special taxes within the district pursuant to California Government Code Section 53328 and 53340, at the rate and in accordance with the formula set forth in the resolution of formation, Resolution 95-73, which resolution is by this reference incorporated in this section.  The special taxes are levied commencing in fiscal year 1996-97 and in each fiscal year thereafter for payment for the services provided by the district and all costs of administering the district.

B.    Rate of Tax.  The city manager of the city of Kerman, or in his absence the finance director of the city, is authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the district, in the manner and as provided in the resolution of formation.  The initial rate shall be one hundred sixty-eight dollars per dwelling unit per year.

C.    Exemptions.  Properties or entities of the, state or local governments shall be exempt from any levy of the special taxes to the extent set forth in the resolution of formation.  In no event shall the special taxes be levied on any parcel within the district in excess of the maximum tax specified in the rate and method of apportionment of special taxes included by reference in the resolution of formation.

D.    Use.  All of the collections of the special tax shall be used as provided in the resolution of formation, including the payment of services provided the district, the payment of the costs of the city in administering the district and the costs of collecting and administering the special tax.

E.    Collection.  The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and 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 city manager of the city, or in his absence, the finance director of the city, is authorized and directed to provide all necessary information to the auditor/tax collector of the county of Fresno in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the county of Fresno for fiscal year 1996-97 and for each fiscal year thereafter until the special tax ceases to be levied and a notice of cessation of special tax is record ed.

F.    Severability.  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.  (Ord. 95-09 §1, 1995).