Chapter 3.37
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (MAINTENANCE AND SERVICES)
Sections:
3.37.020 Authorization to levy fees and purpose.
3.37.030 Imposition and timing of fees.
3.37.050 Collection and disposition of fees.
3.37.060 Conditions and limitations.
3.37.010 Intent and purpose.
This chapter is intended to establish “City of Dinuba Community Facilities District No. 2018-1 (Maintenance and Services)” (the “CFD”) pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to levy a special tax (the “special tax”) to finance certain municipal services (the “services”) as provided in the Act. (Ord. 2018-09 § 2 (part), 2019)
3.37.020 Authorization to levy fees and purpose.
This chapter authorizes and levies the special tax within the CFD pursuant to the Act, at the rate and in accordance with the amended rate and method of apportionment of special tax (“Amended Rate and Method of Apportionment”) on file with the city clerk and as approved in the Resolution of Formation. By this reference, both the Resolution of Intention and the Resolution of Formation are incorporated herein. The special tax is hereby levied commencing in fiscal year 2018-2019 and in each fiscal year thereafter to pay for the services for the CFD, as contemplated by the Resolution of Formation and the proceedings, and all costs of administering the CFD. (Ord. 2018-09 § 2 (part), 2019)
3.37.030 Imposition and timing of fees.
The city of Dinuba’s (“city”) finance director or designee, or an employee or consultant of the city, is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Amended Rate and Method of Apportionment. (Ord. 2018-09 § 2 (part), 2019)
3.37.040 Exemptions.
Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation, the Amended Rate and Method of Apportionment and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the CFD in excess of the maximum special tax specified in the Resolution of Formation. (Ord. 2018-09 § 2 (part), 2019)
3.37.050 Collection and disposition of fees.
All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the services, the payment of the costs of the city in administering the CFD, and the costs of collecting and administering the special tax. The special tax 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; provided, however, that the council may provide for other appropriate methods of collection by resolution(s) of the council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The finance director of the city is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the county of Tulare 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 Tulare for fiscal year 2018-2019 and for each fiscal year thereafter until no longer required to pay for the services or until otherwise terminated by the city. (Ord. 2018-09 § 2 (part), 2019)
3.37.060 Conditions and limitations.
If for any reason any portion of this chapter is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this chapter and the application of the special tax to the remaining parcels within the CFD shall not be affected. (Ord. 2018-09 § 2 (part), 2019)