By passage of the ordinance codified in this chapter, the city
council authorizes the levy of a special tax within Community Facilities
District No. 2 (the district) at the maximum rate and in accordance
with the rate and method of apportionment set forth in Exhibit B to
the resolution declaring the formation of the district, on file in
the office of the city clerk, which by this reference is incorporated
in this chapter.
(Ord. 767 § 10, 2001)
The special tax shall be levied for each tax year by a resolution
considered and adopted by the city council. The council shall determine
on or before August 10 of each year, or such other date as is established
by law or by the auditor-controller of the county of Riverside, the
specific special tax to be levied on property in the district, except
that the special tax rate to be levied shall not exceed the maximum
rates set forth in the rate and method of apportionment, but the special
tax may be levied at a lower rate.
(Ord. 767 § 11, 2001)
Properties or entities of the state, federal, or other local
governments shall be exempt from the special tax referenced and approved
in this chapter only to the extent set forth in the rate and method
of apportionment, and otherwise shall be subject to tax consistent
with the provisions of Sections 53317.3 and 53317.5 of the California
Government Code.
(Ord. 767 § 12, 2001)
All of the collections of the special tax shall be used only
as provided for in the Mello-Roos Community Facilities Act of 1982,
as amended, commencing with Section 53311 of the California Government
Code (the act) and in the resolution declaring the formation of the
district. The special tax shall be levied only so long as needed for
its purpose as described in the resolution declaring the formation
of the district.
(Ord. 767 § 13, 2001)
The special tax shall be collected in the same manner as ordinary
ad valorem taxes and shall be subject to the same penalties and the
same procedure, sale and lien in any case of delinquency as applicable
for ad valorem property taxes; provided, that the special tax may
be collected in such other manner as may be provided for by the city
council.
(Ord. 767 § 14, 2001)
As a cumulative remedy, if any amount levied as a special tax
for payment of bond interest or principal, together with any penalties
and other charges accruing under this chapter, is not paid when due,
the city council may, not later than four years after the due date
of the last installment of principal on the bonds, order that the
same be collected by an action brought in the superior court to foreclose
the lien of such special tax.
(Ord. 767 § 15, 2001)
