3110. (a) The proposed boundaries of the district to be specially
taxed or assessed in proceedings shall be described by resolution or
ordinance adopted by the legislative body prior to the hearing on the
formation or extent of the district. The description of the proposed
boundaries shall be by reference to a map of the district that shall
indicate by a boundary line the extent of the territory included in
the proposed district and the map shall govern for all details as to
the extent of the district. The map shall also contain the name of
the city and a distinctive designation, in words or by number, of the
district shown on the map.
(b) The map shall be legibly drawn, printed or reproduced by a
process that provides a permanent record. Each sheet of paper or
other material used for the map shall be 18 by 26 inches in size,
shall have clearly shown therein the particular number of the sheet,
the total number of sheets comprising the map, and its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Proposed
Boundaries of (here insert name or number of district) (here insert
name of city and county thereafter), State of California.
In addition, if the resolution of intention to create the district
proposes that some or all tax or bond proceeds of the district would
be used to pay for cleanup of any hazardous substance, the map label
shall include the following statement in large, conspicuous letters:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
If the map consists of more than one page, the same entitlement
shall be on each page.
The map shall also have thereon legends reading substantially as
follows:
(1) Filed in the office of the (clerk of the legislative body)
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) I hereby certify that the within map showing proposed
boundaries of (here insert name or number of district) (here insert
name of city, and, if not a county, insert name of county
thereafter), State of California, was approved by the city council
(or other appropriate legislative body) of the (here insert city) at
a regular meeting thereof, held on the ____ day of ____, 20__, by its
Resolution No. ____.
(3) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
_m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder in the
County of ____, State of California.
_______________________________
(County Recorder of County
___________
of ______)
3110.5. In the case of annexation proceedings in connection with a
community facilities district, a separate map of the area proposed to
be annexed shall be prepared and adopted by the legislative body by
resolution or ordinance prior to the hearing on the proposed
annexation. It shall be entitled "Annexation Map No. ____ of
Community Facilities District No. ____ of ____, ____ County,
California" and shall reference by title, book, page, and recording
date, the original (or if it has been amended, the most recent)
boundary map of the community facilities district. The provisions of
this part shall apply to the annexation map in all other respects as
if it were an original community facilities district boundary map.
Annexation shall not be considered modification or amendment of the
boundaries of the community facilities district for purposes of this
part, although an annexation map may be modified or amended.
3111. On the original and on at least one copy of the map of the
district, the clerk of the legislative body shall endorse his or her
certificate evidencing the date and adoption of the resolution or
ordinance describing the proposed boundaries of the district. The
clerk of the legislative body shall file the original of the map in
his or her office and, within 15 days after the adoption of the
resolution or ordinance fixing the time and place of the hearing on
the formation or extent of the district and in no event later than 15
days prior to the hearing, shall file a copy thereof with the county
recorder of each county in which all or any part of the proposed
district is located upon payment of the filing fee.
3112. The county recorder shall endorse on the copy of the map of
the district the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts which the county recorder shall keep in his or
her office. The county recorder shall index the maps by name of the
city conducting the proceedings and by the distinctive designation of
the district as shown on each map.
3112.5. The clerk of the board of supervisors of any county in
whose office maps of proposed districts are filed shall transmit the
maps to the county recorder, who shall receive the maps with the same
effect and manner as maps filed with the county recorder pursuant to
Section 3112.
3113. The legislative body shall not order a modification in the
boundaries of a district shown on a previously filed map of the
district unless the legislative body describes the proposed
modification by reference to an amended map of the district boundary.
The amended map shall be approved by resolution adopted by the
legislative body and the clerk of the legislative body shall file the
amended map showing the modification of boundaries of the district
with the county recorder not later than 15 days after the resolution
of the legislative body approving the amended boundary. The map shall
also contain the legends provided for in Section 3110.
The county recorder shall endorse upon the modified or amended
boundary map the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts that the county recorder keeps in his or her
office pursuant to Section 3112. The county recorder shall
cross-index the amended boundary map by reference to page and book of
maps of assessment and community facilities districts in which the
original boundary map of the affected district was filed.
The amended boundary map shall include on its face that it amends
the boundary map for (here insert name or number of district or both
name and number of district, together with city or county, or both
city and county), State of California, prior recorded at Book __ of
Maps of Assessment and Community Facilities Districts at page __, in
the office of the County Recorder for the County of ____, State of
California.
3113.5. All modifications, amendments, and annexations may be
consolidated in a single map at any time at the direction of the
local legislative body. The map shall supersede all previously
recorded maps and shall be processed by the county recorder as
provided in Section 3113. References on the face of the map, and the
cross-indexing, shall include all maps then being superseded.
3114. (a) This section applies only to assessment districts.
(b) After the confirmation by the legislative body of any
assessment, the clerk of the legislative body shall file, in the
office of the county recorder, a copy of the assessment diagram.
(c) The assessment diagram shall be prepared by the engineer
responsible for engineering work. The assessment diagram shall be
legibly drawn, and at least one copy shall be printed or reproduced
by a process that provides a permanent record. Each sheet of paper or
other material used for the permanent record map shall be 18 by 26
inches in size, shall clearly show the particular number of the
sheet, the total number of sheets comprising the map, its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Assessment
Diagram, (here insert name or number of district) Assessment
District, (here insert city and name of county thereafter), State of
California.
The map shall also have legends reading substantially as follows:
(1) Filed in the office of the (clerk of the legislative body),
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) Recorded in the office of the (superintendent of streets) this
____ day of ____, 20__.
_____________________________
(Superintendent of Streets)
(3) An assessment was levied by the city council (or other
appropriate legislative body) on the lots, pieces, and parcels of
land shown on this assessment diagram. The assessment was levied on
the ____ day of ____, 20__; the assessment diagram and the assessment
roll were recorded in the office of the superintendent of streets of
that city on the ____ day of ____, 20__. Reference is made to the
assessment roll recorded in the office of the superintendent of
streets for the exact amount of each assessment levied against each
parcel of land shown on this assessment diagram.
_________________________________
(Clerk of the legislative body)
(4) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
__m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder of the
County of ____, State of California.
______________________________
(County Recorder of County of
________
______)
(d) The clerk of the legislative body shall file a copy of the
assessment diagram referred to in subdivision (c) in the office of
the county recorder of the county in which all or any part of the
assessment district shown on the assessment diagram is located upon
payment of the filing fee. The filing of the assessment diagram shall
be made by the clerk of the legislative body.
(e) The county recorder shall endorse upon the assessment diagram
filed with him or her, pursuant to subdivision (d), the time and date
of filing and shall fasten it securely in the "Book of Maps of
Assessment and Community Facilities Districts" in which the county
recorder is obligated to keep boundary maps under Section 3112. The
county recorder shall cross-index the assessment diagram by reference
to the city conducting the proceedings and by reference to the page
of the book of maps of assessment and community facilities districts
in which the boundary map of the district was filed in the book.
(f) After the confirmation by the legislative body of any
assessment and the recording of the assessment and diagram in the
office of the street superintendent or other officer of the city in
whose office the assessment and diagram have been recorded, the clerk
of the legislative body shall execute and record a notice of
assessment in the office of the county recorder of each county in
which all or any part of the assessment district is located. The
notice of assessment shall be in substantially the following form:
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and
Highways Code, the undersigned clerk of the legislative body of ____,
State of California, hereby gives notice that a diagram and
assessment were recorded in the office of the ____ of that city as
provided for in Section 3114 of the Streets and Highways Code, and
relating to the following described real property:
(The real property in the assessment district may be described by:
(a) stating its exterior boundaries; or (b) describing the property
according to any official or recorded map; or (c) referring to the
assessment diagram filed in accordance with subdivisions (d) and (e)
of Section 3114 and the book and page number in the office of the
county recorder of the filed plat or map.)
Notice is further given that upon the recording of this notice in
the office of the county recorder, the several assessments assessed
on the lots, pieces, and parcels shown on the filed assessment
diagram shall become a lien upon the lots or portions of lots
assessed, respectively.
Reference is made to the assessment diagram and assessment roll
recorded in the office of the ____ of that city.
______________
Dated: _______
___________________________________
If the assessment district is located in two or more counties, the
assessment notice, in lieu of the paragraph following the
description of the property, shall state:
Notice is further given that the above-described real property is
located in the Counties of ____ and ____ and upon the recording of
this notice in the office of the county recorder of all those
counties, effective upon the date of the last recording, the several
assessments on the lots, pieces, and parcels shown on the filed
assessment diagram shall become a lien upon the lots or portions of
lots assessed, respectively.
3114.3. If an assessment has been prepaid, in whole or in part,
pursuant to the principal act, the treasurer shall record an addendum
to the notice of assessment recorded pursuant to Section 3114 which
states that the recorded assessment against the identified parcel or
parcels has been paid in full or in part, and that the associated
lien against those parcels has been discharged in whole or in part.
The addendum and its recording has no effect on the authority of
the legislative body with respect to any identified parcel by reason
of its inclusion in the assessment district or assessment for the
work, acquisitions, or improvements, and a statement to that effect
shall be included in the addendum recorded pursuant to this section.
3114.5. (a) This section applies only to community facilities
districts.
(b) Within 15 days, in the case of a landowner vote, or 90 days,
in the case of a registered voter election, after determination
pursuant to Section 53328 of the Government Code that the requisite
number of voters is in favor of the levy of a special tax, the clerk
of the legislative body shall execute and record a notice of special
tax lien in the office of the county recorder of each county in which
all or any part of the community facilities district is located, and
the county recorder shall accept that notice. The county recorder
shall index the notice of special tax liens to the names of the
property owners within the community facilities district and shown in
the notice, as grantors. The notice of special tax lien shall
contain the information required by Section 27288.1 of the Government
Code and shall be in substantially the following form:
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code, the
undersigned clerk of the legislative body of ____, State of
California, hereby gives notice that a lien to secure payment of a
special tax is hereby imposed by the (here insert name of legislative
body) of (here insert city and name of county thereafter), State of
California. The special tax secured by this lien is authorized to be
levied for the purpose of: (as applicable) (1) paying principal and
interest on bonds, the proceeds of which are being used to finance
(briefly describe facilities financed); (2) providing (briefly
describe facilities financed without bonds); (3) providing (briefly
describe services being financed).
If all or any portion of the proceeds of taxes or bonds of the
district are authorized to be used to pay for cleanup of hazardous
substances pursuant to subdivision (f) of Section 53313 of the
Government Code, the notice shall also contain the following
statement in large conspicuous type:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
The special tax is authorized to be levied within Community
Facilities District No. ___ that has now been officially formed and
the lien of the special tax is a continuing lien that shall secure
each annual levy of the special tax and that shall continue in force
and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the
authorized special tax is as follows: (here insert verbatim the
description of the rate, method of apportionment, and manner of
collection from the resolution of formation of the community
facilities district). Conditions under which the obligation to pay
the special tax may be prepaid and permanently satisfied and the lien
of the special tax canceled are as follows: (here insert the
conditions set forth in the resolution of formation or, if no
provision has been made for prepayment of the special tax obligation,
so state).
Notice is further given that upon the recording of this notice in
the office of the county recorder, the obligation to pay the special
tax levy shall become a lien upon all nonexempt real property within
Community Facilities District No. ____ in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number
(s) of the real property included within this community facilities
district and not exempt from the special tax are as follows: (insert
name(s) of owner(s) and tax parcel number(s) shown on assessment
roll).
Reference is made to the boundary map (or the amended boundary
map) of the community facilities district recorded at Book ___ of
Maps of Assessment and Community Facilities Districts at Page ___, in
the office of the County Recorder for the County of ____, State of
California which map is now the final boundary map of the community
facilities district.
For further information concerning the current and estimated
future tax liability of owners or purchasers of real property subject
to this special tax lien, interested persons should contact (here
provide name, address, and telephone number of the appropriate
office, department, or bureau of the public entity designated
pursuant to Section 53340.2 of the Government Code).
(c) The county recorder shall endorse upon the notice the time and
date of filing, and shall cross index the notice by reference to the
page of the book of maps of assessment and community facilities
districts in which the boundary map of the district was filed.
3115. (a) This section applies only to assessment districts. The
lien duration provisions of subdivision (c) apply to any assessments,
regardless of when levied and which are being levied on the
effective date of the act which amended this section during the 1986
Regular Session of the Legislature.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114, or if the assessment district is
located in two or more counties then from the date of the recording
in the office of the county recorder where a notice is last recorded,
all persons are deemed to have notice of the contents of the
assessment.
(c) Immediately effective on the date of the last of the
recordings, pursuant to subdivision (b), each of the assessments is a
lien upon the property against which it is made. Unless sooner
discharged, the lien continues for the period of 10 years from the
date of the recordation or, if bonds are issued to represent the
assessment, until the expiration of four years after the due date of
the last installment on the bonds or of the last principal coupon
attached thereto, or until four years after the due date of the last
installment on any refunding bonds or of the last principal coupon
attached thereto, whichever is longer.
3115.5. (a) This section applies only to community facilities
districts.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114.5, or if the community facilities
district is located in two or more counties, then from the date of
the recording in the office of each county recorder where a notice is
recorded, all persons are deemed to have notice of the contents of
the Notice of Special Tax Lien with respect to parcels in that
county.
(c) Upon the date of the recordings made pursuant to subdivision
(b), the notice of special tax lien shall impose a lien upon all
nonexempt real property in the district within that county. The lien
imposed pursuant to this section shall continue in force and effect
until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
3116. The fees of the county recorder for recording and indexing
any document provided for in this division shall be in the amounts
specified in Section 27361 of the Government Code, and the fees of
the county recorder for filing the copy of the map of the proposed
district shall be in the amounts specified in Section 27372 of the
Government Code.
3117. If any proceedings are abandoned by the legislative body, the
clerk of the legislative body shall, upon that abandonment, record a
certified copy of the resolution of abandonment with the county
recorder of each county in which all or any part of the district is
located. The certificate of the clerk of the legislative body
attached to the resolution shall include a reference to the date of
the resolution of abandonment, the date of the original resolution of
intention, and the date the map of the district was filed with the
county recorder. The county recorder shall index the resolution in
the book containing the index of the maps of assessment and community
facilities districts.
3117.5. (a) In the event of amendment or modification of, or
annexation to, the boundaries of a community facilities district, an
amendment to the Notice of Special Tax Lien shall be prepared and
recorded under the procedure of Section 3114.5. In the listing of
property owners, the amended notice need only list separately the
names of the owners and assessor's tax parcel numbers of parcels
being added to the district and the names of the owners and assessor'
s parcel numbers of parcels being excluded from the district. This
amendment need not supersede the existing notice.
(b) If any proceedings subsequent to the approval by the voters of
a special tax pursuant to the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code, result in a change in
the authorization to levy a special tax or to issue bonds, or a
change in the facilities or services authorized to be financed, the
clerk of the legislative body shall record an amendment to the
original (or, if it has been superseded, the most recent) Notice of
Special Tax Lien and any amendments thereto that shall reference the
recorder's serial or document number and recording date of that
notice and any amendments to it and shall clearly set forth the
changes.
3110. (a) The proposed boundaries of the district to be specially
taxed or assessed in proceedings shall be described by resolution or
ordinance adopted by the legislative body prior to the hearing on the
formation or extent of the district. The description of the proposed
boundaries shall be by reference to a map of the district that shall
indicate by a boundary line the extent of the territory included in
the proposed district and the map shall govern for all details as to
the extent of the district. The map shall also contain the name of
the city and a distinctive designation, in words or by number, of the
district shown on the map.
(b) The map shall be legibly drawn, printed or reproduced by a
process that provides a permanent record. Each sheet of paper or
other material used for the map shall be 18 by 26 inches in size,
shall have clearly shown therein the particular number of the sheet,
the total number of sheets comprising the map, and its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Proposed
Boundaries of (here insert name or number of district) (here insert
name of city and county thereafter), State of California.
In addition, if the resolution of intention to create the district
proposes that some or all tax or bond proceeds of the district would
be used to pay for cleanup of any hazardous substance, the map label
shall include the following statement in large, conspicuous letters:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
If the map consists of more than one page, the same entitlement
shall be on each page.
The map shall also have thereon legends reading substantially as
follows:
(1) Filed in the office of the (clerk of the legislative body)
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) I hereby certify that the within map showing proposed
boundaries of (here insert name or number of district) (here insert
name of city, and, if not a county, insert name of county
thereafter), State of California, was approved by the city council
(or other appropriate legislative body) of the (here insert city) at
a regular meeting thereof, held on the ____ day of ____, 20__, by its
Resolution No. ____.
(3) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
_m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder in the
County of ____, State of California.
_______________________________
(County Recorder of County
___________
of ______)
3110.5. In the case of annexation proceedings in connection with a
community facilities district, a separate map of the area proposed to
be annexed shall be prepared and adopted by the legislative body by
resolution or ordinance prior to the hearing on the proposed
annexation. It shall be entitled "Annexation Map No. ____ of
Community Facilities District No. ____ of ____, ____ County,
California" and shall reference by title, book, page, and recording
date, the original (or if it has been amended, the most recent)
boundary map of the community facilities district. The provisions of
this part shall apply to the annexation map in all other respects as
if it were an original community facilities district boundary map.
Annexation shall not be considered modification or amendment of the
boundaries of the community facilities district for purposes of this
part, although an annexation map may be modified or amended.
3111. On the original and on at least one copy of the map of the
district, the clerk of the legislative body shall endorse his or her
certificate evidencing the date and adoption of the resolution or
ordinance describing the proposed boundaries of the district. The
clerk of the legislative body shall file the original of the map in
his or her office and, within 15 days after the adoption of the
resolution or ordinance fixing the time and place of the hearing on
the formation or extent of the district and in no event later than 15
days prior to the hearing, shall file a copy thereof with the county
recorder of each county in which all or any part of the proposed
district is located upon payment of the filing fee.
3112. The county recorder shall endorse on the copy of the map of
the district the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts which the county recorder shall keep in his or
her office. The county recorder shall index the maps by name of the
city conducting the proceedings and by the distinctive designation of
the district as shown on each map.
3112.5. The clerk of the board of supervisors of any county in
whose office maps of proposed districts are filed shall transmit the
maps to the county recorder, who shall receive the maps with the same
effect and manner as maps filed with the county recorder pursuant to
Section 3112.
3113. The legislative body shall not order a modification in the
boundaries of a district shown on a previously filed map of the
district unless the legislative body describes the proposed
modification by reference to an amended map of the district boundary.
The amended map shall be approved by resolution adopted by the
legislative body and the clerk of the legislative body shall file the
amended map showing the modification of boundaries of the district
with the county recorder not later than 15 days after the resolution
of the legislative body approving the amended boundary. The map shall
also contain the legends provided for in Section 3110.
The county recorder shall endorse upon the modified or amended
boundary map the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts that the county recorder keeps in his or her
office pursuant to Section 3112. The county recorder shall
cross-index the amended boundary map by reference to page and book of
maps of assessment and community facilities districts in which the
original boundary map of the affected district was filed.
The amended boundary map shall include on its face that it amends
the boundary map for (here insert name or number of district or both
name and number of district, together with city or county, or both
city and county), State of California, prior recorded at Book __ of
Maps of Assessment and Community Facilities Districts at page __, in
the office of the County Recorder for the County of ____, State of
California.
3113.5. All modifications, amendments, and annexations may be
consolidated in a single map at any time at the direction of the
local legislative body. The map shall supersede all previously
recorded maps and shall be processed by the county recorder as
provided in Section 3113. References on the face of the map, and the
cross-indexing, shall include all maps then being superseded.
3114. (a) This section applies only to assessment districts.
(b) After the confirmation by the legislative body of any
assessment, the clerk of the legislative body shall file, in the
office of the county recorder, a copy of the assessment diagram.
(c) The assessment diagram shall be prepared by the engineer
responsible for engineering work. The assessment diagram shall be
legibly drawn, and at least one copy shall be printed or reproduced
by a process that provides a permanent record. Each sheet of paper or
other material used for the permanent record map shall be 18 by 26
inches in size, shall clearly show the particular number of the
sheet, the total number of sheets comprising the map, its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Assessment
Diagram, (here insert name or number of district) Assessment
District, (here insert city and name of county thereafter), State of
California.
The map shall also have legends reading substantially as follows:
(1) Filed in the office of the (clerk of the legislative body),
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) Recorded in the office of the (superintendent of streets) this
____ day of ____, 20__.
_____________________________
(Superintendent of Streets)
(3) An assessment was levied by the city council (or other
appropriate legislative body) on the lots, pieces, and parcels of
land shown on this assessment diagram. The assessment was levied on
the ____ day of ____, 20__; the assessment diagram and the assessment
roll were recorded in the office of the superintendent of streets of
that city on the ____ day of ____, 20__. Reference is made to the
assessment roll recorded in the office of the superintendent of
streets for the exact amount of each assessment levied against each
parcel of land shown on this assessment diagram.
_________________________________
(Clerk of the legislative body)
(4) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
__m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder of the
County of ____, State of California.
______________________________
(County Recorder of County of
________
______)
(d) The clerk of the legislative body shall file a copy of the
assessment diagram referred to in subdivision (c) in the office of
the county recorder of the county in which all or any part of the
assessment district shown on the assessment diagram is located upon
payment of the filing fee. The filing of the assessment diagram shall
be made by the clerk of the legislative body.
(e) The county recorder shall endorse upon the assessment diagram
filed with him or her, pursuant to subdivision (d), the time and date
of filing and shall fasten it securely in the "Book of Maps of
Assessment and Community Facilities Districts" in which the county
recorder is obligated to keep boundary maps under Section 3112. The
county recorder shall cross-index the assessment diagram by reference
to the city conducting the proceedings and by reference to the page
of the book of maps of assessment and community facilities districts
in which the boundary map of the district was filed in the book.
(f) After the confirmation by the legislative body of any
assessment and the recording of the assessment and diagram in the
office of the street superintendent or other officer of the city in
whose office the assessment and diagram have been recorded, the clerk
of the legislative body shall execute and record a notice of
assessment in the office of the county recorder of each county in
which all or any part of the assessment district is located. The
notice of assessment shall be in substantially the following form:
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and
Highways Code, the undersigned clerk of the legislative body of ____,
State of California, hereby gives notice that a diagram and
assessment were recorded in the office of the ____ of that city as
provided for in Section 3114 of the Streets and Highways Code, and
relating to the following described real property:
(The real property in the assessment district may be described by:
(a) stating its exterior boundaries; or (b) describing the property
according to any official or recorded map; or (c) referring to the
assessment diagram filed in accordance with subdivisions (d) and (e)
of Section 3114 and the book and page number in the office of the
county recorder of the filed plat or map.)
Notice is further given that upon the recording of this notice in
the office of the county recorder, the several assessments assessed
on the lots, pieces, and parcels shown on the filed assessment
diagram shall become a lien upon the lots or portions of lots
assessed, respectively.
Reference is made to the assessment diagram and assessment roll
recorded in the office of the ____ of that city.
______________
Dated: _______
___________________________________
If the assessment district is located in two or more counties, the
assessment notice, in lieu of the paragraph following the
description of the property, shall state:
Notice is further given that the above-described real property is
located in the Counties of ____ and ____ and upon the recording of
this notice in the office of the county recorder of all those
counties, effective upon the date of the last recording, the several
assessments on the lots, pieces, and parcels shown on the filed
assessment diagram shall become a lien upon the lots or portions of
lots assessed, respectively.
3114.3. If an assessment has been prepaid, in whole or in part,
pursuant to the principal act, the treasurer shall record an addendum
to the notice of assessment recorded pursuant to Section 3114 which
states that the recorded assessment against the identified parcel or
parcels has been paid in full or in part, and that the associated
lien against those parcels has been discharged in whole or in part.
The addendum and its recording has no effect on the authority of
the legislative body with respect to any identified parcel by reason
of its inclusion in the assessment district or assessment for the
work, acquisitions, or improvements, and a statement to that effect
shall be included in the addendum recorded pursuant to this section.
3114.5. (a) This section applies only to community facilities
districts.
(b) Within 15 days, in the case of a landowner vote, or 90 days,
in the case of a registered voter election, after determination
pursuant to Section 53328 of the Government Code that the requisite
number of voters is in favor of the levy of a special tax, the clerk
of the legislative body shall execute and record a notice of special
tax lien in the office of the county recorder of each county in which
all or any part of the community facilities district is located, and
the county recorder shall accept that notice. The county recorder
shall index the notice of special tax liens to the names of the
property owners within the community facilities district and shown in
the notice, as grantors. The notice of special tax lien shall
contain the information required by Section 27288.1 of the Government
Code and shall be in substantially the following form:
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code, the
undersigned clerk of the legislative body of ____, State of
California, hereby gives notice that a lien to secure payment of a
special tax is hereby imposed by the (here insert name of legislative
body) of (here insert city and name of county thereafter), State of
California. The special tax secured by this lien is authorized to be
levied for the purpose of: (as applicable) (1) paying principal and
interest on bonds, the proceeds of which are being used to finance
(briefly describe facilities financed); (2) providing (briefly
describe facilities financed without bonds); (3) providing (briefly
describe services being financed).
If all or any portion of the proceeds of taxes or bonds of the
district are authorized to be used to pay for cleanup of hazardous
substances pursuant to subdivision (f) of Section 53313 of the
Government Code, the notice shall also contain the following
statement in large conspicuous type:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
The special tax is authorized to be levied within Community
Facilities District No. ___ that has now been officially formed and
the lien of the special tax is a continuing lien that shall secure
each annual levy of the special tax and that shall continue in force
and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the
authorized special tax is as follows: (here insert verbatim the
description of the rate, method of apportionment, and manner of
collection from the resolution of formation of the community
facilities district). Conditions under which the obligation to pay
the special tax may be prepaid and permanently satisfied and the lien
of the special tax canceled are as follows: (here insert the
conditions set forth in the resolution of formation or, if no
provision has been made for prepayment of the special tax obligation,
so state).
Notice is further given that upon the recording of this notice in
the office of the county recorder, the obligation to pay the special
tax levy shall become a lien upon all nonexempt real property within
Community Facilities District No. ____ in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number
(s) of the real property included within this community facilities
district and not exempt from the special tax are as follows: (insert
name(s) of owner(s) and tax parcel number(s) shown on assessment
roll).
Reference is made to the boundary map (or the amended boundary
map) of the community facilities district recorded at Book ___ of
Maps of Assessment and Community Facilities Districts at Page ___, in
the office of the County Recorder for the County of ____, State of
California which map is now the final boundary map of the community
facilities district.
For further information concerning the current and estimated
future tax liability of owners or purchasers of real property subject
to this special tax lien, interested persons should contact (here
provide name, address, and telephone number of the appropriate
office, department, or bureau of the public entity designated
pursuant to Section 53340.2 of the Government Code).
(c) The county recorder shall endorse upon the notice the time and
date of filing, and shall cross index the notice by reference to the
page of the book of maps of assessment and community facilities
districts in which the boundary map of the district was filed.
3115. (a) This section applies only to assessment districts. The
lien duration provisions of subdivision (c) apply to any assessments,
regardless of when levied and which are being levied on the
effective date of the act which amended this section during the 1986
Regular Session of the Legislature.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114, or if the assessment district is
located in two or more counties then from the date of the recording
in the office of the county recorder where a notice is last recorded,
all persons are deemed to have notice of the contents of the
assessment.
(c) Immediately effective on the date of the last of the
recordings, pursuant to subdivision (b), each of the assessments is a
lien upon the property against which it is made. Unless sooner
discharged, the lien continues for the period of 10 years from the
date of the recordation or, if bonds are issued to represent the
assessment, until the expiration of four years after the due date of
the last installment on the bonds or of the last principal coupon
attached thereto, or until four years after the due date of the last
installment on any refunding bonds or of the last principal coupon
attached thereto, whichever is longer.
3115.5. (a) This section applies only to community facilities
districts.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114.5, or if the community facilities
district is located in two or more counties, then from the date of
the recording in the office of each county recorder where a notice is
recorded, all persons are deemed to have notice of the contents of
the Notice of Special Tax Lien with respect to parcels in that
county.
(c) Upon the date of the recordings made pursuant to subdivision
(b), the notice of special tax lien shall impose a lien upon all
nonexempt real property in the district within that county. The lien
imposed pursuant to this section shall continue in force and effect
until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
3116. The fees of the county recorder for recording and indexing
any document provided for in this division shall be in the amounts
specified in Section 27361 of the Government Code, and the fees of
the county recorder for filing the copy of the map of the proposed
district shall be in the amounts specified in Section 27372 of the
Government Code.
3117. If any proceedings are abandoned by the legislative body, the
clerk of the legislative body shall, upon that abandonment, record a
certified copy of the resolution of abandonment with the county
recorder of each county in which all or any part of the district is
located. The certificate of the clerk of the legislative body
attached to the resolution shall include a reference to the date of
the resolution of abandonment, the date of the original resolution of
intention, and the date the map of the district was filed with the
county recorder. The county recorder shall index the resolution in
the book containing the index of the maps of assessment and community
facilities districts.
3117.5. (a) In the event of amendment or modification of, or
annexation to, the boundaries of a community facilities district, an
amendment to the Notice of Special Tax Lien shall be prepared and
recorded under the procedure of Section 3114.5. In the listing of
property owners, the amended notice need only list separately the
names of the owners and assessor's tax parcel numbers of parcels
being added to the district and the names of the owners and assessor'
s parcel numbers of parcels being excluded from the district. This
amendment need not supersede the existing notice.
(b) If any proceedings subsequent to the approval by the voters of
a special tax pursuant to the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code, result in a change in
the authorization to levy a special tax or to issue bonds, or a
change in the facilities or services authorized to be financed, the
clerk of the legislative body shall record an amendment to the
original (or, if it has been superseded, the most recent) Notice of
Special Tax Lien and any amendments thereto that shall reference the
recorder's serial or document number and recording date of that
notice and any amendments to it and shall clearly set forth the
changes.
3110. (a) The proposed boundaries of the district to be specially
taxed or assessed in proceedings shall be described by resolution or
ordinance adopted by the legislative body prior to the hearing on the
formation or extent of the district. The description of the proposed
boundaries shall be by reference to a map of the district that shall
indicate by a boundary line the extent of the territory included in
the proposed district and the map shall govern for all details as to
the extent of the district. The map shall also contain the name of
the city and a distinctive designation, in words or by number, of the
district shown on the map.
(b) The map shall be legibly drawn, printed or reproduced by a
process that provides a permanent record. Each sheet of paper or
other material used for the map shall be 18 by 26 inches in size,
shall have clearly shown therein the particular number of the sheet,
the total number of sheets comprising the map, and its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Proposed
Boundaries of (here insert name or number of district) (here insert
name of city and county thereafter), State of California.
In addition, if the resolution of intention to create the district
proposes that some or all tax or bond proceeds of the district would
be used to pay for cleanup of any hazardous substance, the map label
shall include the following statement in large, conspicuous letters:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
If the map consists of more than one page, the same entitlement
shall be on each page.
The map shall also have thereon legends reading substantially as
follows:
(1) Filed in the office of the (clerk of the legislative body)
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) I hereby certify that the within map showing proposed
boundaries of (here insert name or number of district) (here insert
name of city, and, if not a county, insert name of county
thereafter), State of California, was approved by the city council
(or other appropriate legislative body) of the (here insert city) at
a regular meeting thereof, held on the ____ day of ____, 20__, by its
Resolution No. ____.
(3) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
_m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder in the
County of ____, State of California.
_______________________________
(County Recorder of County
___________
of ______)
3110.5. In the case of annexation proceedings in connection with a
community facilities district, a separate map of the area proposed to
be annexed shall be prepared and adopted by the legislative body by
resolution or ordinance prior to the hearing on the proposed
annexation. It shall be entitled "Annexation Map No. ____ of
Community Facilities District No. ____ of ____, ____ County,
California" and shall reference by title, book, page, and recording
date, the original (or if it has been amended, the most recent)
boundary map of the community facilities district. The provisions of
this part shall apply to the annexation map in all other respects as
if it were an original community facilities district boundary map.
Annexation shall not be considered modification or amendment of the
boundaries of the community facilities district for purposes of this
part, although an annexation map may be modified or amended.
3111. On the original and on at least one copy of the map of the
district, the clerk of the legislative body shall endorse his or her
certificate evidencing the date and adoption of the resolution or
ordinance describing the proposed boundaries of the district. The
clerk of the legislative body shall file the original of the map in
his or her office and, within 15 days after the adoption of the
resolution or ordinance fixing the time and place of the hearing on
the formation or extent of the district and in no event later than 15
days prior to the hearing, shall file a copy thereof with the county
recorder of each county in which all or any part of the proposed
district is located upon payment of the filing fee.
3112. The county recorder shall endorse on the copy of the map of
the district the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts which the county recorder shall keep in his or
her office. The county recorder shall index the maps by name of the
city conducting the proceedings and by the distinctive designation of
the district as shown on each map.
3112.5. The clerk of the board of supervisors of any county in
whose office maps of proposed districts are filed shall transmit the
maps to the county recorder, who shall receive the maps with the same
effect and manner as maps filed with the county recorder pursuant to
Section 3112.
3113. The legislative body shall not order a modification in the
boundaries of a district shown on a previously filed map of the
district unless the legislative body describes the proposed
modification by reference to an amended map of the district boundary.
The amended map shall be approved by resolution adopted by the
legislative body and the clerk of the legislative body shall file the
amended map showing the modification of boundaries of the district
with the county recorder not later than 15 days after the resolution
of the legislative body approving the amended boundary. The map shall
also contain the legends provided for in Section 3110.
The county recorder shall endorse upon the modified or amended
boundary map the time and date of the filing and shall fasten the
same securely in a book of maps of assessment and community
facilities districts that the county recorder keeps in his or her
office pursuant to Section 3112. The county recorder shall
cross-index the amended boundary map by reference to page and book of
maps of assessment and community facilities districts in which the
original boundary map of the affected district was filed.
The amended boundary map shall include on its face that it amends
the boundary map for (here insert name or number of district or both
name and number of district, together with city or county, or both
city and county), State of California, prior recorded at Book __ of
Maps of Assessment and Community Facilities Districts at page __, in
the office of the County Recorder for the County of ____, State of
California.
3113.5. All modifications, amendments, and annexations may be
consolidated in a single map at any time at the direction of the
local legislative body. The map shall supersede all previously
recorded maps and shall be processed by the county recorder as
provided in Section 3113. References on the face of the map, and the
cross-indexing, shall include all maps then being superseded.
3114. (a) This section applies only to assessment districts.
(b) After the confirmation by the legislative body of any
assessment, the clerk of the legislative body shall file, in the
office of the county recorder, a copy of the assessment diagram.
(c) The assessment diagram shall be prepared by the engineer
responsible for engineering work. The assessment diagram shall be
legibly drawn, and at least one copy shall be printed or reproduced
by a process that provides a permanent record. Each sheet of paper or
other material used for the permanent record map shall be 18 by 26
inches in size, shall clearly show the particular number of the
sheet, the total number of sheets comprising the map, its relation to
each adjoining sheet, and shall have encompassing its border a line
that leaves a blank margin one inch in width.
The map shall be labeled substantially as follows: Assessment
Diagram, (here insert name or number of district) Assessment
District, (here insert city and name of county thereafter), State of
California.
The map shall also have legends reading substantially as follows:
(1) Filed in the office of the (clerk of the legislative body),
this ____ day of ____, 20__.
_________________________________
(Clerk of the legislative body)
(2) Recorded in the office of the (superintendent of streets) this
____ day of ____, 20__.
_____________________________
(Superintendent of Streets)
(3) An assessment was levied by the city council (or other
appropriate legislative body) on the lots, pieces, and parcels of
land shown on this assessment diagram. The assessment was levied on
the ____ day of ____, 20__; the assessment diagram and the assessment
roll were recorded in the office of the superintendent of streets of
that city on the ____ day of ____, 20__. Reference is made to the
assessment roll recorded in the office of the superintendent of
streets for the exact amount of each assessment levied against each
parcel of land shown on this assessment diagram.
_________________________________
(Clerk of the legislative body)
(4) Filed this ____ day of ____, 20__, at the hour of ____ o'clock
__m. in Book ____ of Maps of Assessment and Community Facilities
Districts at page ____, in the office of the county recorder of the
County of ____, State of California.
______________________________
(County Recorder of County of
________
______)
(d) The clerk of the legislative body shall file a copy of the
assessment diagram referred to in subdivision (c) in the office of
the county recorder of the county in which all or any part of the
assessment district shown on the assessment diagram is located upon
payment of the filing fee. The filing of the assessment diagram shall
be made by the clerk of the legislative body.
(e) The county recorder shall endorse upon the assessment diagram
filed with him or her, pursuant to subdivision (d), the time and date
of filing and shall fasten it securely in the "Book of Maps of
Assessment and Community Facilities Districts" in which the county
recorder is obligated to keep boundary maps under Section 3112. The
county recorder shall cross-index the assessment diagram by reference
to the city conducting the proceedings and by reference to the page
of the book of maps of assessment and community facilities districts
in which the boundary map of the district was filed in the book.
(f) After the confirmation by the legislative body of any
assessment and the recording of the assessment and diagram in the
office of the street superintendent or other officer of the city in
whose office the assessment and diagram have been recorded, the clerk
of the legislative body shall execute and record a notice of
assessment in the office of the county recorder of each county in
which all or any part of the assessment district is located. The
notice of assessment shall be in substantially the following form:
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and
Highways Code, the undersigned clerk of the legislative body of ____,
State of California, hereby gives notice that a diagram and
assessment were recorded in the office of the ____ of that city as
provided for in Section 3114 of the Streets and Highways Code, and
relating to the following described real property:
(The real property in the assessment district may be described by:
(a) stating its exterior boundaries; or (b) describing the property
according to any official or recorded map; or (c) referring to the
assessment diagram filed in accordance with subdivisions (d) and (e)
of Section 3114 and the book and page number in the office of the
county recorder of the filed plat or map.)
Notice is further given that upon the recording of this notice in
the office of the county recorder, the several assessments assessed
on the lots, pieces, and parcels shown on the filed assessment
diagram shall become a lien upon the lots or portions of lots
assessed, respectively.
Reference is made to the assessment diagram and assessment roll
recorded in the office of the ____ of that city.
______________
Dated: _______
___________________________________
If the assessment district is located in two or more counties, the
assessment notice, in lieu of the paragraph following the
description of the property, shall state:
Notice is further given that the above-described real property is
located in the Counties of ____ and ____ and upon the recording of
this notice in the office of the county recorder of all those
counties, effective upon the date of the last recording, the several
assessments on the lots, pieces, and parcels shown on the filed
assessment diagram shall become a lien upon the lots or portions of
lots assessed, respectively.
3114.3. If an assessment has been prepaid, in whole or in part,
pursuant to the principal act, the treasurer shall record an addendum
to the notice of assessment recorded pursuant to Section 3114 which
states that the recorded assessment against the identified parcel or
parcels has been paid in full or in part, and that the associated
lien against those parcels has been discharged in whole or in part.
The addendum and its recording has no effect on the authority of
the legislative body with respect to any identified parcel by reason
of its inclusion in the assessment district or assessment for the
work, acquisitions, or improvements, and a statement to that effect
shall be included in the addendum recorded pursuant to this section.
3114.5. (a) This section applies only to community facilities
districts.
(b) Within 15 days, in the case of a landowner vote, or 90 days,
in the case of a registered voter election, after determination
pursuant to Section 53328 of the Government Code that the requisite
number of voters is in favor of the levy of a special tax, the clerk
of the legislative body shall execute and record a notice of special
tax lien in the office of the county recorder of each county in which
all or any part of the community facilities district is located, and
the county recorder shall accept that notice. The county recorder
shall index the notice of special tax liens to the names of the
property owners within the community facilities district and shown in
the notice, as grantors. The notice of special tax lien shall
contain the information required by Section 27288.1 of the Government
Code and shall be in substantially the following form:
NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and
Highways Code and Section 53328.3 of the Government Code, the
undersigned clerk of the legislative body of ____, State of
California, hereby gives notice that a lien to secure payment of a
special tax is hereby imposed by the (here insert name of legislative
body) of (here insert city and name of county thereafter), State of
California. The special tax secured by this lien is authorized to be
levied for the purpose of: (as applicable) (1) paying principal and
interest on bonds, the proceeds of which are being used to finance
(briefly describe facilities financed); (2) providing (briefly
describe facilities financed without bonds); (3) providing (briefly
describe services being financed).
If all or any portion of the proceeds of taxes or bonds of the
district are authorized to be used to pay for cleanup of hazardous
substances pursuant to subdivision (f) of Section 53313 of the
Government Code, the notice shall also contain the following
statement in large conspicuous type:
TAXES LEVIED BY THIS DISTRICT MAY BE USED TO PAY FOR CLEANUP OF
HAZARDOUS SUBSTANCES.
The special tax is authorized to be levied within Community
Facilities District No. ___ that has now been officially formed and
the lien of the special tax is a continuing lien that shall secure
each annual levy of the special tax and that shall continue in force
and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the
authorized special tax is as follows: (here insert verbatim the
description of the rate, method of apportionment, and manner of
collection from the resolution of formation of the community
facilities district). Conditions under which the obligation to pay
the special tax may be prepaid and permanently satisfied and the lien
of the special tax canceled are as follows: (here insert the
conditions set forth in the resolution of formation or, if no
provision has been made for prepayment of the special tax obligation,
so state).
Notice is further given that upon the recording of this notice in
the office of the county recorder, the obligation to pay the special
tax levy shall become a lien upon all nonexempt real property within
Community Facilities District No. ____ in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number
(s) of the real property included within this community facilities
district and not exempt from the special tax are as follows: (insert
name(s) of owner(s) and tax parcel number(s) shown on assessment
roll).
Reference is made to the boundary map (or the amended boundary
map) of the community facilities district recorded at Book ___ of
Maps of Assessment and Community Facilities Districts at Page ___, in
the office of the County Recorder for the County of ____, State of
California which map is now the final boundary map of the community
facilities district.
For further information concerning the current and estimated
future tax liability of owners or purchasers of real property subject
to this special tax lien, interested persons should contact (here
provide name, address, and telephone number of the appropriate
office, department, or bureau of the public entity designated
pursuant to Section 53340.2 of the Government Code).
(c) The county recorder shall endorse upon the notice the time and
date of filing, and shall cross index the notice by reference to the
page of the book of maps of assessment and community facilities
districts in which the boundary map of the district was filed.
3115. (a) This section applies only to assessment districts. The
lien duration provisions of subdivision (c) apply to any assessments,
regardless of when levied and which are being levied on the
effective date of the act which amended this section during the 1986
Regular Session of the Legislature.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114, or if the assessment district is
located in two or more counties then from the date of the recording
in the office of the county recorder where a notice is last recorded,
all persons are deemed to have notice of the contents of the
assessment.
(c) Immediately effective on the date of the last of the
recordings, pursuant to subdivision (b), each of the assessments is a
lien upon the property against which it is made. Unless sooner
discharged, the lien continues for the period of 10 years from the
date of the recordation or, if bonds are issued to represent the
assessment, until the expiration of four years after the due date of
the last installment on the bonds or of the last principal coupon
attached thereto, or until four years after the due date of the last
installment on any refunding bonds or of the last principal coupon
attached thereto, whichever is longer.
3115.5. (a) This section applies only to community facilities
districts.
(b) From the date of the recording in the office of the county
recorder pursuant to Section 3114.5, or if the community facilities
district is located in two or more counties, then from the date of
the recording in the office of each county recorder where a notice is
recorded, all persons are deemed to have notice of the contents of
the Notice of Special Tax Lien with respect to parcels in that
county.
(c) Upon the date of the recordings made pursuant to subdivision
(b), the notice of special tax lien shall impose a lien upon all
nonexempt real property in the district within that county. The lien
imposed pursuant to this section shall continue in force and effect
until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until the special
tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
3116. The fees of the county recorder for recording and indexing
any document provided for in this division shall be in the amounts
specified in Section 27361 of the Government Code, and the fees of
the county recorder for filing the copy of the map of the proposed
district shall be in the amounts specified in Section 27372 of the
Government Code.
3117. If any proceedings are abandoned by the legislative body, the
clerk of the legislative body shall, upon that abandonment, record a
certified copy of the resolution of abandonment with the county
recorder of each county in which all or any part of the district is
located. The certificate of the clerk of the legislative body
attached to the resolution shall include a reference to the date of
the resolution of abandonment, the date of the original resolution of
intention, and the date the map of the district was filed with the
county recorder. The county recorder shall index the resolution in
the book containing the index of the maps of assessment and community
facilities districts.
3117.5. (a) In the event of amendment or modification of, or
annexation to, the boundaries of a community facilities district, an
amendment to the Notice of Special Tax Lien shall be prepared and
recorded under the procedure of Section 3114.5. In the listing of
property owners, the amended notice need only list separately the
names of the owners and assessor's tax parcel numbers of parcels
being added to the district and the names of the owners and assessor'
s parcel numbers of parcels being excluded from the district. This
amendment need not supersede the existing notice.
(b) If any proceedings subsequent to the approval by the voters of
a special tax pursuant to the Mello-Roos Community Facilities Act of
1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code, result in a change in
the authorization to levy a special tax or to issue bonds, or a
change in the facilities or services authorized to be financed, the
clerk of the legislative body shall record an amendment to the
original (or, if it has been superseded, the most recent) Notice of
Special Tax Lien and any amendments thereto that shall reference the
recorder's serial or document number and recording date of that
notice and any amendments to it and shall clearly set forth the
changes.
