Chapter 3.46
PALMDALE SPECIAL TAX DISTRICT FINANCING CODE
Sections:
3.46.020 Incorporation of Mello-Roos Act.
3.46.030 Additional powers of community facilities districts.
3.46.040 Provisions of Mello-Roos Act that are not applicable.
3.46.050 Provisions of Mello-Roos Act that are modified.
3.46.010 Findings and intent.
(A) The City Council finds that the provision of potable water to developing areas of the City is essential to the development of housing and other facilities and is a municipal purpose.
(B) The City Council finds that the Mello-Roos Community Facilities Act of 1982, as amended, constituting Section 53311 et seq. of the California Government Code (the “Mello-Roos Act”) provides for the financing of certain public improvements and municipal services needed for developing areas in the State of California, but does not provide for the financing of water rights and related costs to provide water to such developing areas.
(C) The City Council desires to provide a means to finance the acquisition of water rights and costs related thereto, and to otherwise provide for an efficient means to form community facilities districts under the Mello-Roos Act, as included in this chapter and as otherwise supplemented and amended hereby. (Ord. 1479 § 1, 2015)
3.46.020 Incorporation of Mello-Roos Act.
(A) Except as provided in this chapter, the provisions of the Mello-Roos Act are by this reference incorporated herein.
(B) In the event of any conflict between the provisions of this chapter and the provisions of the Mello-Roos Act or any other provision of law, the provisions of this chapter shall prevail. (Ord. 1479 § 1, 2015)
3.46.030 Additional powers of community facilities districts.
(A) In addition to the services authorized to be financed by a community facilities district as described in Section 53313 of the Mello-Roos Act, a community facilities district formed under the provisions of this chapter may finance any other municipal service which the City is authorized by law to provide.
(B) In addition to the facilities authorized to be financed by a community facilities district as described in Section 53313.5 of the Mello-Roos Act, and without regard to the provisions of Section 53313.5 of the Mello-Roos Act which shall not apply to the following, a community facilities district formed under the provisions of this chapter may finance (1) annual or one-time payments for the acquisition of water rights, and for payment of other water-supply related costs of the City or any other public agency, including but not limited to energy and wheeling charges, costs of banking water for future use or sale, and administrative expenses of the City and other public agencies in connection therewith; and (2) any other facilities, public or private, which the City is authorized by law to contribute revenue to, or to construct, own or operate. (Ord. 1479 § 1, 2015)
3.46.040 Provisions of Mello-Roos Act that are not applicable.
(A) Notwithstanding PMC 3.46.020, the following provisions of the Mello-Roos Act shall not apply to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the City Council of Ordinance No. 1479): (1) Section 53312; (2) Section 53312.7; (3) Section 53312.8; (4) Section 53315.6; (5) Section 53316.2; (6) Section 53316.4; (7) Section 53316.6; (8) Section 53325.6; (9) Section 53329.5; (10) Section 53332; (11) Section 53333; (12) Section 53340.1(b); (13) Section 53343.1; (14) Section 53345.8; (15) Section 53356.05; (16) Section 53363.5; and (17) Section 53365.
(B) In addition to the foregoing, the portions of the following provisions of the Mello-Roos Act shall not apply to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the City Council of Ordinance No. 1479):
(1) The second and third paragraphs of Section 53313;
(2) The third sentence of Section 53313.5;
(3) The second sentence of Section 53313.5(g);
(4) The second sentence of Section 53313.5(h);
(5) The second sentence of Section 5313.5(i)(1)(A);
(6) The second sentence of Section 53313.5(i)(1)(B);
(7) The second sentence of Section 53313.5(i)(2);
(8) The second and third sentences of Section 53313.5(j)(1);
(9) The second sentence of Section 53317(f);
(10) The last sentence of Section 53326(b); and
(11) The provisions of Section 53328.1(d). (Ord. 1479 § 1, 2015)
3.46.050 Provisions of Mello-Roos Act that are modified.
(A) Notwithstanding PMC 3.46.020, the following provisions of the Mello-Roos Act shall apply, as modified as set forth below, to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the City Council of Ordinance No. 1479):
(1) The reference to “one million dollars ($1,000,000)” in Section 53313.51(b) is hereby modified to be “one hundred thousand dollars ($100,000)”;
(2) The provisions of Section 53317(g) are hereby modified in whole to read as follows: “Legislative body means the City Council of the City of Palmdale”;
(3) The provisions of Section 53317(h) are hereby modified in whole to read as follows: “Local agency means the City of Palmdale, California”;
(4) The reference to “not less than 30” in Section 53321(e) is hereby modified to be “not less than 10”;
(5) The reference to “at least 90 days” in Section 53326(a) is hereby modified to be “at least 45 days”;
(6) The reference to “not be less than 30” in Section 53334 and in Section 53339.3 is hereby modified to be “not to be less than 10”;
(7) The reference to “pursuant to this chapter” in Section 53340(d) is hereby modified to be “pursuant to the Mello-Roos Act or Chapter 3.46 of the Palmdale Municipal Code”;
(8) The reference to “authorized by this chapter” in Section 53343 is hereby modified to be “authorized by the Mello-Roos Act or Chapter 3.46 of the Palmdale Municipal Code”; and
(9) The provisions of Section 53345(d) are hereby modified to add thereto, at the end thereof, the following: “, which hearing shall not be less than 10 days after the adoption of the resolution.” (Ord. 1479 § 1, 2015)