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Wednesday, August 01, 2012

Sewer District Formation Slated for Vote

• Protests Must Be Submitted in Writing before Council Hearing

BY BILL KOENEKER

The Malibu City Council is scheduled to hold a hearing on Aug. 13 on its intention to levy special taxes within the Community Facilities District for the Malibu Civic Center wastewater treatment plant design phase and “to issue bonded indebtedness,” according to a public notice.
The city council had previously given notice declaring its intention to form a CFD in order to levy special taxes within the district utilizing bonds to pay for $6.5 million worth of design work for a Civic Center wastewater treatment plant.
The city has created a map showing the boundaries for the proposed district, which is on file with the city clerk.
In the resolution, the council declared its intention to levy special taxes within the proposed district to authorize issuing up to $6.5 million in bonds.
“The special taxes are proposed to be levied and the bonds are proposed to be issued for the purpose of the design, engineering, planning and environmental evaluation (the ‘plant design’) required to construct a wastewater treatment facility and related infrastructure serving the City of Malibu’s Civic Center area,” the notice reads.
The public notice indicates incidental expenses in connection with financing the plant design, forming and administering the district including all costs associated with the creation of the district, the issuance of bonds for the district, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the district and other expenses incidental to the construction, acquisition and modification, completion and inspection of the facilities.
The resolution of intention sets forth the rate and method of apportionment of the special tax for the district and the special tax to finance the plant design and the incidental expenses.
The maximum special tax for each assessor’s parcel of non-residential property shall be $19,707.33 per acre and for each assessor’s parcel of residential property shall be $3,941.47 per acre, according to the public notice.
Beginning with fiscal year 2012-2013 and for each following fiscal year, the special tax shall be levied in equal percentages on each assessor’s parcel, up to the applicable maximum special tax. The maximum special tax shall not be levied after fiscal year 2052-2053.
The public notice states the full text of the resolution of intention is on file with the city clerk. At the same time, another public hearing is scheduled on the same date and time to hear from the public.
 “The city council will hear all evidence and testimony by all interested persons, property owners, voters and taxpayers for or against the establishment of the district, the extent of the district, the levy of the special taxes within the district, the issuance of bonded indebtedness by the district, the furnishing of the plan design and any other matters set forth in the resolution of intention,” the notice states.
Anyone interested in talking to the council will be limited to a three minute oral testimony. Written testimony for those wishing to speak for or against any item can do so.
However, there are special rules for protestors. “Any protest pertaining to the regularity or sufficiency of the proceedings relating to the proposed issues described in items (1) through (6) must be in writing and shall clearly state the irregularities or defects to which objection is made, and shall be filed with the city clerk on or before the time set for the hearing,” the notice states.
If more than one-half of the registered voters within the CFD or the owners of one-half or more of the area of the land in the district file written protests against any of the items, and protests are not withdrawn so as to reduce the number of the protests to less than a majority, the city council must abandon that portion of the proceedings pertaining to those items and no further proceedings on such items can be taken for a period of one year by the city council.
The city council may modify the proceedings if such majority protests are only against a specified issue, according to the notice. 
“Under the act, the city council may either conclude the public hearing on August 13 or may continue the public hearing to a later date if the complexity of the proposed district or the need for public participation requires additional time.
“If the city council determines to submit for a vote the question of levying the special taxes within and authorizing bonded indebtedness of community facilities district an election will be held to approve the levy of the special taxes and the issuance of bonds. At the election, each landowner within the community facilities district shall be entitled to cast one vote for each acre of land or portion thereof that it owns within community facilities district. For a proposition to be adopted, two-thirds of the votes cast at the election must favor passage, according to the notice.

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