Government Code — Part 63 | GOV — United States — California law | Esheria

Government Code

Part 63 of 107 · provisions 12,401–12,600

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 53208.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. )

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    Members of certain local legislative bodies may not receive health and welfare benefits above the nonsafety employee benefit level, with a limited exception for concurrent service in two or more agencies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 53208.5. (a) It is the intent of the Legislature in enacting this section, to provide a uniform limit on the health and welfare benefits for the members of the legislative bodies of all political subdivisions of the state, including charter cities and charter counties. The Legislature finds and declares that uneven, conflicting, and inconsistent health and welfare benefits for legislative bodies distort the statewide system of intergovernmental finance. The Legislature further finds and declares that the inequities caused by these problems extend beyond the boundaries of individual public agencies. Therefore, the Legislature finds and declares that these problems are not merely municipal affairs or matters of local interest and that they are truly matters of statewide concern that require the direct attention of the state government. In providing a uniform limit on the health and welfare benefits for the legislative bodies of all political subdivisions of the state, the Legislature has provided a solution to a statewide problem that is greater than local in its effect. (b) Notwithstanding any other provision of law, the health and welfare benefits of any member of a legislative body of any city, including a charter city, county, including a charter county, city and county, special district, school district, or any other political subdivision of the state shall be no greater than that received by nonsafety employees of that public agency. In the case of agencies with different benefit structures, the benefits of members of the legislative body shall not be greater than the most generous schedule of benefits being received by any category of nonsafety employees. (c) Notwithstanding any other provision of law, members of the legislative body of a city, including a charter city, county, including a charter county, city and county, special district, school district, or any other political subdivision of the state shall not be eligible to accrue multiple health and welfare benefits greater than the most generous schedule of benefits being received by any category of nonsafety employees from two or more public agencies for concurrent service except in the case of a member who serves as a regular full-time employee in a separate public agency. (d) This section shall be applicable to any member of a legislative body whose first service commences on and after January 1, 1995. (Added by Stats. 1994, Ch. 1065, Sec. 2. Effective January 1, 1995.)
  2. 53209.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section says the 1957 amendments to this article were meant to expand eligibility for payroll deductions, employer contributions, and employee benefits, and to preserve the legal status of organizations that were already eligible.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 53209. Amendments made in this article by the Legislature at the 1957 Regular Session, including, but not limited to, the repeal of Government Code Sections 53203 and 53204, are intended to enlarge the classification of service-type organizations eligible for pay roll deductions and employer contributions hereunder, to liberalize restrictions on the extent of employer contributions permitted, and to broaden the classes of employees eligible for benefits hereunder, and no change effected in this article by the Legislature at the 1957 Regular Session shall be construed to alter or affect the legal status or eligibility of any organization heretofore eligible for pay roll deductions or employer contributions hereunder. (Added by Stats. 1957, Ch. 944.)
  3. 53210.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A county legislative body may pay all or part of certain insurance or benefit costs for unpaid volunteers serving county departments or districts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Group Insurance [53200 - 53210] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 53210. The legislative body of a county may authorize payment from funds under its jurisdiction of all or such portion as it may elect of the premiums or other charges for hospital, medical, surgical, disability, death benefits, or related benefits whether provided on an insurance or a service basis for persons who on a voluntary basis and without compensation perform services on behalf of any county department or district of which the board of supervisors is the governing body. Any dividends paid, premiums refunded or other rebates or refunds received under insurance or other benefits provided pursuant to this section shall be the property of the county. (Amended by Stats. 1965, Ch. 907.)
  4. 53212.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. )

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    This article defines “local agency” to include counties, cities, public districts, joint powers agencies, and public or municipal corporations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. ) ## 53212. As used in this article, “local agency” means a county, city, public district, joint powers agency, or any public or municipal corporation. (Amended by Stats. 1983, Ch. 42, Sec. 1.)
  5. 53213.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. )

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    A local agency may create a deferred compensation plan for its officers and employees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. ) ## 53213. Each local agency may establish for its officers and employees a deferred compensation plan. Participation in such plan shall be by written agreement between such officers and employees and the governing body of the local agency which shall provide for deferral of a portion of such officers’ or employees’ wages. Officers and employees of any local agency having a deferred compensation plan may authorize deductions to be made from their wages for the purpose of participating in such deferred compensation plan. (Added by Stats. 1972, Ch. 1370.)
  6. 53213.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. )

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    Deferred compensation plans must follow the federal requirements cited here, including holding plan assets in trust for employees’ exclusive benefit. If participants choose individually directed investments, the trustee and local agency are relieved of responsibility, but only if the local agency meets the listed communication and education requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. ) ## 53213.5. (a) Each deferred compensation plan established pursuant to this article shall conform with the requirements promulgated under the federal Small Business Job Protection Act of 1996 (Public Law 103-188). Those requirements include, but are not limited to, the holding of assets in a plan that complies with Sections 401(a), 401(k), and 457 of the federal Internal Revenue Code in trust for the exclusive benefit of employees. (b) Notwithstanding any other provision of law, participants choosing individually directed investments shall relieve the trustee and local agency of responsibility under the terms of the plan and trust. That relief shall be conditioned upon the local agency compliance with communication and education requirements similar to those prescribed in subdivision (c) of Section 1104 of Title 29 of the United States Code for private sector employers. (Added by Stats. 1998, Ch. 996, Sec. 6. Effective January 1, 1999.)
  7. 53214.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. )

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    A participant in a deferred compensation plan may also join a public retirement system.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. ) ## 53214. Notwithstanding any other provision of law, a participant in a deferred compensation plan may also participate in a public retirement system, and, in ascertaining the amount of compensation of such participant for purposes of computing the amount of his contributions or benefits under a public retirement system, any amount deducted from his wages pursuant to this article shall be included. (Added by Stats. 1972, Ch. 1370.)
  8. 53214.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. )

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    Certain counties or city and county governments may let eligible superior court personnel join a deferred compensation plan, make a written agreement for wage deferral, and may rely on the personnel’s authorization for payroll deductions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.1. Deferred Compensation [53212 - 53214.5] ( Article 1.1 added by Stats. 1972, Ch. 1370. ) ## 53214.5. A county or city and county that pays the salaries, either in whole or in part, of judges of the superior courts and the officers and attachés of those courts may allow the judges, officers, and attachés to participate in any deferred compensation plan established pursuant to this article. Any county or city and county is hereby authorized to enter into a written agreement with the judges, officers, and attachés providing for deferral of a portion of their wages. The judges, officers, and attachés may authorize deductions to be made from their wages for the purpose of participating in the deferred compensation plan. (Amended by Stats. 2023, Ch. 478, Sec. 42. (AB 1756) Effective January 1, 2024.)
  9. 53215.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

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    This section defines “local agency” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53215. “Local agency” as used in this article means a city, city and county, district, school district, municipal or public corporation, political subdivision, or other public agency of the State, or any instrumentality of one or more of any such agencies. (Added by Stats. 1955, Ch. 924.)
  10. 53216.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

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    A local agency’s legislative body may create a pension trust for officers and employees, choose whether participation is optional or compulsory, and deduct participating employees’ plan contributions from compensation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216. The legislative body of a local agency may establish a pension trust funded by individual life insurance contracts, individual annuities, group policies of life insurance, or group annuities, or any one or combination of them, or by any other investment authorized by this article for the benefit of its officers and employees. The legislative body of a local agency may make participation in any plan under such pension trust optional with the officers and employees of the local agency or it may make participation in such pension trust plan compulsory for the officers and employees of such agency. Officers and employees who participate in such pension trust plan, whether it is optional or compulsory, shall have their plan contributions deducted from their compensation. (Amended by Stats. 1975, Ch. 29.)
  11. 53216.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

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    The board of a retirement system covered by this article may invest in investments the board considers prudent, subject to Sections 53216.5 and 53216.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.1. It is the intent of the Legislature, consistent with the mandate of the voters in passing Proposition 21 at the June 5, 1984, Primary Election, to allow the board of any retirement system governed by this article to invest in any form or type of investment deemed prudent by the board pursuant to the requirements of Sections 53216.5 and 53216.6. It is also the intent of the Legislature to repeal, or amend as appropriate, certain statutory provisions, whether substantive or procedural in nature, that restrict the form, type, or amount of investments that would otherwise be considered prudent under the terms of those sections. This will increase the flexibility and range of investment choice available to these retirement systems, while ensuring protection of the interests of their beneficiaries. (Repealed and added by Stats. 1984, Ch. 1738, Sec. 28. Effective September 30, 1984.)
  12. 53216.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

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    A county with an established pension trust may contract with courts and other local agencies in the county so their officers and employees can participate in the county pension trust plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.2. A county that has established a pension trust pursuant to this article may contract with the courts within the county, and with other local agencies within the county, to permit the officers and employees of those courts and local agencies to participate in any plan under the county’s pension trust. (Amended by Stats. 2002, Ch. 882, Sec. 1. Effective January 1, 2003.)
  13. 53216.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

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    The legislative body must employ investment counsel, trust companies, or bank trust departments to help with its investment program.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.3. The legislative body shall employ investment counsel or trust companies or trust departments of banks to render service in connection with its investment program. (Added by Stats. 1968, Ch. 1069.)
  14. 53216.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    The local agency’s legislative body must send an annual pension trust status report to beneficiaries and potential beneficiaries, and the report must include specified investment and expense details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.4. The legislative body of the local agency shall report annually to the beneficiaries and potential beneficiaries of the pension trust on the status of the trust. The report shall include a description of securities held and a comprehensive report of transactions involving the investment of the assets similar to that required of a life insurance company licensed to do business in California. The annual report shall also include a detailed statement of the expenses of operating the pension trust, including compensation paid, fees paid, operating ratios, and net profit and loss statements, including the acquisition cost, the book value, and market value of the total assets as of the date of the report. In the matter of commission fees and other fees paid to persons not employed by the local agency for services in connection with investments under this article, the names of those persons to whom such fees are paid and the amounts paid shall be clearly identified in the report. (Added by Stats. 1968, Ch. 1069.)
  15. 53216.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A pension trust’s authorized investment body may invest or delegate investment authority over pension trust assets, subject to prudence and other express legal restrictions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.5. Notwithstanding any other provisions of this article and except as otherwise expressly restricted by the California Constitution and by law, the legislative body, trust, or other body, authorized to make investments for a pension trust, may invest, or delegate the authority to invest, the assets of the pension trust, through the purchase, holding, or sale of any form or type of investment, financial instrument, or financial transaction when prudent in the informed opinion of that body pursuant to Section 53216.6. (Amended by Stats. 1984, Ch. 1738, Sec. 30. Effective September 30, 1984.)
  16. 53216.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    Pension trust assets must be held and invested only for specified beneficiary and administration purposes, and investment decision-makers must act prudently and diversify unless it is clearly prudent not to.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.6. The assets of the pension trust are trust funds and shall be held for the exclusive purposes of providing benefits to participants in the pension or retirement system and their beneficiaries and defraying reasonable expenses of administering the system. The legislative body, trust, or other body authorized to make investments for a pension trust, shall discharge its duties with respect to investing the assets of the pension trust. (a) Solely in the interest of, and for the exclusive purposes of providing benefits to, participants and their beneficiaries, minimizing employer contributions thereto, and defraying reasonable expenses of administering the trust. (b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. (c) Shall diversify the investments of the trust so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. (Repealed and added by Stats. 1984, Ch. 1738, Sec. 32. Effective September 30, 1984.)
  17. 53216.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    Separate contribution rates and different allowances or benefits for male and female employees may not be maintained or established.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.7. Notwithstanding any other provision of this article to the contrary, separate rates of contribution for male and female employees shall not be maintained or established nor shall different allowances or benefits for male or female employees be maintained or established. (Added by Stats. 1976, Ch. 1436.)
  18. 53216.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A corporate custodian or corporate trustee is not liable for losses or breaches caused by a participant’s or beneficiary’s investment directions in a qualifying pension trust account.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.8. In the case of a pension trust established pursuant to this article which provides for individual accounts and permits a participant or beneficiary to direct investments in his or her account, if a participant or beneficiary directs investments in his or her account, no person who is a corporate custodian or a corporate trustee that provides services to the pension trust shall be liable for any loss, or by reason of any breach, which results from that participant’s or beneficiary’s directions with respect to the assets in his or her account. (Added by Stats. 2000, Ch. 34, Sec. 1. Effective January 1, 2001.)
  19. 53216.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    Some former members of local agency retirement systems may redeposit withdrawn contributions and interest if they meet the section’s conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53216.9. (a) Any former member who left the service of a local agency with established reciprocity, and who became a member of a county retirement system, a retirement system established under the Public Employees’ Retirement Law, or another reciprocal retirement system and who did not elect to, or was not eligible to, leave his or her contributions on deposit, may elect to redeposit those contributions if he or she is an active member of a reciprocal retirement system or the Public Employees’ Retirement System at the time of redeposit. A former member may exercise this right by redepositing in the retirement fund of the local agency he or she left, the amount of accumulated contributions and interest that he or she withdrew from that retirement fund plus regular interest thereon from the date of separation. (b) A former member who redeposits under this section shall have the same rights as a member who elected to leave his or her accumulated contributions on deposit in the local agency’s fund. The deferred retirement allowance of the member shall be determined in accordance with provisions applicable to a member retiring directly from local agency employment on the date of his or her retirement. (c) A former member who redeposits under this section shall be entitled to a reduced age at entry, commencing with contributions payable the first day of the month following the date the local agency receives notice of the redeposit, if applicable. (d) This section does not apply to either of the following: (1) A member or former member who is retired. (2) A former member who is not in the service of an employer making him or her a member of a county retirement system, a retirement system established under the Public Employees’ Retirement Law, or another reciprocal retirement system. (e) This section only applies to either of the following: (1) A former member who is in the service of an employer as an officer or employee of a law enforcement agency or fire department whose principal duties consist of active law enforcement or firefighting and prevention service, but excluding one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement or firefighting and prevention service, even though the officer or employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service. (2) A former member who is in the service of an employer and seeks to redeposit contributions for past employment as an officer or employee of a law enforcement agency or fire department in this system whose principal duties consisted of active law enforcement or firefighting and prevention service, but excluding one whose principal duties were those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions did not clearly come within the scope of active law enforcement or firefighting and prevention service, even though the officer or employee was subject to occasional call, or was occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service. (f) For purposes of this section, a “former member” is a member who left service under a retirement system established under this article and who did not elect to, or was not eligible to, leave his or her contributions on deposit. (g) Each retirement system subject to this section shall establish criteria to determine the eligibility of a former member to redeposit contributions, and the amount of contributions that may be redeposited, in those cases in which the system no longer maintains complete records with respect to the former member. (h) It is the intent of the Legislature in enacting this section to recognize a statewide public obligation to all those whose duties as local public safety officers expose them to more than ordinary risks through their contribution to ensuring public safety and to ensure that those who do serve or have served as local public safety officers shall have the ability to receive pension benefits for past public service in other jurisdictions within the state. (Added by renumbering Section 53216.8 (as amended by Stats. 2003, Ch. 62, Sec. 156) by Stats. 2015, Ch. 303, Sec. 226. (AB 731) Effective January 1, 2016.)
  20. 53217.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    The legislative body may authorize payments from funds under its jurisdiction to a pension trust, including amounts needed to fund the trust and reasonable administration expenses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53217. From funds under its jurisdiction the legislative body may authorize payment to the trust of amounts equaling all or any portion of the moneys necessary to fund any pension trust established pursuant to this article. The legislative body may also authorize payment of amounts to cover the reasonable expenses of the administration of the trust. Such expenditures are charges against the funds of the agency making them. (Amended by Stats. 1975, Ch. 29.)
  21. 53217.10.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    Certain members may keep their contributions on deposit in the local agency retirement fund, and some may revoke that choice subject to exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53217.10. (a) On or after January 1, 2003, a member who is credited with less than the number of years of service required for vesting shall have the right to elect to leave accumulated contributions on deposit in the local agency’s retirement fund. Failure to make an election to withdraw accumulated contributions shall be deemed an election to leave accumulated contributions on deposit in the retirement fund. (b) An election to allow accumulated contributions to remain in the retirement fund may be revoked by the member at any time except: (1) while the member is employed in service in a position in which the member is not excluded from membership in the local system retirement fund with respect to that service; (2) while the member is in service as a member of public retirement system supported, in whole or in part, by state funds; or (3) while the member is in service, entered within six months after discontinuing county service, as a member of a reciprocal retirement system. All accumulated contributions contributed up to the time of revocation may then be withdrawn. (c) A member whose membership continues under this section is subject to the same age, service, and disability requirements as apply to other members for service or disability retirement. After the qualification of the member for retirement by reason of age, which shall be the lowest age applicable to any membership category in which the member has credited service, disability, the member shall be entitled to receive a retirement allowance based upon the amount of the member’s accumulated contributions and service standing to the member’s credit at the time of retirement and on the employer contributions held for the member and calculated in the same manner as for other members. (d) Service, solely for purposes of meeting minimum service qualifications for service or disability retirement, shall also include service credited as an employee of a reciprocal system when the member retires concurrently from all reciprocal retirement systems. A member whose combined service from all reciprocal retirement systems does not meet the minimum service qualifications may not receive a service or disability retirement from this system. (e) For purposes of this section, “accumulated contributions” means the sum of all member contributions standing to the credit of a member’s individual account, and interest thereon. (f) It is the intent of the Legislature in enacting this section to recognize that the state has a compelling interest in ensuring that its public agencies recruit and retain the highest caliber of public employees by allowing local public employees to retain the service credit that they earned through their service as local public employees in order to encourage them to return to public employment and continue to serve the public. (Added by Stats. 2002, Ch. 883, Sec. 8. Effective January 1, 2003.)
  22. 53217.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    Members of local legislative bodies may not receive pension trust benefits above the level allowed for nonsafety employees, and they may not stack multiple pension trust benefits above the most generous nonsafety schedule except in a stated full-time separate public agency case.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53217.5. (a) It is the intent of the Legislature in enacting this section, to provide a uniform limit on the pension trust benefits for the members of the legislative bodies of all political subdivisions of the state, including charter cities and charter counties. The Legislature finds and declares that uneven, conflicting, and inconsistent pension trust benefits for legislative bodies distort the statewide system of intergovernmental finance. The Legislature further finds and declares that the inequities caused by these problems extend beyond the boundaries of individual public agencies. Therefore, the Legislature finds and declares that these problems are not merely municipal affairs or matters of local interest and that they are truly matters of statewide concern that require the direct attention of the state government. In providing a uniform limit on the pension trust benefits for the legislative bodies of all political subdivisions of the state, the Legislature has provided a solution to a statewide problem that is greater than local in its effect. (b) Notwithstanding any other provision of law, the pension trust benefits of any member of a legislative body of any city, including a charter city, county, including a charter county, city and county, special district, school district, or any other political subdivision of the state shall be no greater than that received by nonsafety employees of that public agency. In the case of agencies with different benefit structures, the benefits of members of the legislative body shall not be greater than the most generous schedule of benefits being received by any category of nonsafety employees. (c) Notwithstanding any other provision of law, members of the legislative body of a city, including a charter city, county, including a charter county, city and county, special district, school district, or any other political subdivision of the state shall not be eligible to accrue multiple pension trust benefits greater than the most generous schedule of benefits being received by any category of nonsafety employees from two or more public agencies for concurrent service except in the case of a member who serves as a regular full-time employee in a separate public agency. (d) This section shall be applicable to any member of a legislative body whose first service commences on and after January 1, 1995. (Added by Stats. 1994, Ch. 1065, Sec. 3. Effective January 1, 1995.)
  23. 53217.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    This section sets pension-benefit rules for certain local prosecutors, public defenders, and public defender investigators, including an opt-out election and a local-approval process to make the section operative.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53217.6. (a) It is the intent of the Legislature in enacting this section to recognize a public obligation to all those whose duties as local prosecutors, local public defenders, and local public defender investigators expose them to more than ordinary risks in their contribution to an effective statewide criminal justice system and to ensure that those who serve as local prosecutors, local public defenders, and local public defender investigators and who become incapacitated in the performance of their duties or by age may be replaced by more capable employees and shall receive pension benefits commensurate with those received by local prosecutors, local public defenders, and local public defender investigators in other jurisdictions within the state. (b) Notwithstanding any other provision of law, the pension trust benefits of any officer or employee of any city, including a charter city, county, including a charter county, or city and county whose positions meet or, on or after January 1, 2002, met the criteria of a local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, shall be those pension trust benefits accorded to safety members of the applicable county sheriff’s department or the applicable police or fire department of the public agency. Notwithstanding the foregoing, the pension trust benefits accorded to a local prosecutor, local public defender, or local public defender investigator may not be greater than those benefits provided to local safety members of the Public Employees’ Retirement System under Section 21363.1 or safety members of a county retirement system under Section 31664.2. (c) Except as provided in subdivision (e) and notwithstanding any other provision of this chapter, past service shall be converted to safety service, if the past service was rendered in a position that has been made subject to safety benefits pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b) of Section 20423.6, and paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (d) This section shall apply only to a person whose effective date of retirement is on or after the date this section becomes operative in the city, including a charter city, county, including a charter county, or city and county. (e) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the city, including a charter city, county, including a charter county, or city and county, or on the first day of the calendar month following his or her entrance into service, whichever is later, any local prosecutor, local public defender, or local public defender investigator may file a written election not to become subject to the pension benefits accorded to safety members under the retirement system of the city, including a charter city, county, including a charter county, or city and county. (f) This section shall not be operative in a city, including a charter city, county, including a charter county, or city and county unless and until the city council or board of supervisors, by ordinance or resolution adopted by majority vote, makes this section operative in the city, county, or city and county. A resolution to make this section operative shall include all local prosecutors, local public defenders, and local public defender investigators as described in Section 20423.6 or 31469.2. (g) This section does not apply to any local prosecutor, local public defender, or local public defender investigator, as described in Section 20423.6 or 31469.2, who dies prior to the date this section becomes operative in the city, county, or city and county. (Added by Stats. 2002, Ch. 1152, Sec. 16. Effective January 1, 2003.)
  24. 53218.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    This section says wage or salary deduction restrictions do not limit officers’ or employees’ power to authorize and approve payment of trust contributions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53218. Any law prohibiting, restricting, or limiting the assignment of or order for wages or salary does not prohibit, restrict, or limit the powers conferred in this article nor the power of officers or employees to authorize and approve payment of trust contributions by wage and salary deductions. (Added by Stats. 1955, Ch. 924.)
  25. 53219.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A pension trust must have trustees, agents, or officers to run it, its governing documents must set out how it is পরিচালated and how funds are collected and paid out, and its funds and investments must be kept separate from the employer and others.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53219. A pension trust established pursuant to this article shall have trustees, agents or officers who shall carry on the business of the pension trust. The by-laws or declaration of trust shall prescribe the manner in which and the officers or agents by whom the pension trust may be conducted and the manner in which its funds shall be collected and disbursed. The funds and investments of a pension trust shall be held separately and independently of the funds and investments of the employer and of any other person. (Added by Stats. 1955, Ch. 924.)
  26. 53220.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency pension trust plan is not compulsory unless the legislative body specifically makes it compulsory; if it does, the body may set automatic membership rules for eligible officers and employees, with special options for elective officers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53220. Unless the legislative body of the local agency specifically provides that a pension trust plan established pursuant to this article is compulsory upon the officers and employees of the local agency, it shall not be compulsory for an officer or employee of such agency to accept or join in such plan. If, pursuant to Section 53216, the legislative body of the local agency makes such plan compulsory, it may provide that every officer and employee of the local agency who is eligible for membership, except for elective officers, shall on the start of the first pay period following the effective date of this section automatically become a member of said plan; and, that thereafter each other employee and officer of said agency who is eligible for membership in said plan under its terms, except for elective officers, automatically becomes a member of said plan on the day of his entry into employment with said agency. The legislative body of the local agency may provide that elective officers of said agency become members of said plan either on the first day of taking office or on the first day of the payroll period following the filing of a declaration by such an officer with the board of trustees of the pension trust to become a member. (Repealed and added by Stats. 1973, Ch. 653.)
  27. 53221.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency’s legislative body may let newly hired employees age 60 or older waive pension trust plan membership, and may make employees automatically stop working when they reach age 70.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53221. The legislative body of the local agency which establishes a pension trust plan pursuant to the provisions of this article may provide for waiver of membership by prospective employees in the case of newly hired employees who have obtained the age of 60 years of age. Such legislative body may also provide that an employee shall at the end of the pay period in which he or she obtains the age of 70 automatically cease to be an employee of the agency which hired him. (Added by Stats. 1973, Ch. 653.)
  28. 53222.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency’s legislative body may grant reciprocal retirement benefits if it has established a pension trust plan under this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53222. The legislative body of a local agency which establishes a pension trust plan pursuant to the provisions of this article may grant reciprocal retirement benefits to members who are entitled to retirement rights or benefits from other retirement systems established under this article, Chapter 2 (commencing with Section 45300) of Division 5 of Title 4 of this code, the Public Employees’ Retirement Law, or the County Employees Retirement Law of 1937. (Added by Stats. 1973, Ch. 653.)
  29. 53222.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency’s legislative body must decide disability-retirement eligibility based on competent medical opinion and may not use disability retirement instead of discipline.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53222.5. If a local legislative body establishes a pension trust pursuant to this article that provides for disability retirement or has established reciprocity with a retirement system that provides for disability retirement, the legislative body of the local agency, in determining whether a member is eligible to retire for disability, shall make a determination on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process. (Added by Stats. 2008, Ch. 370, Sec. 5. Effective January 1, 2009.)
  30. 53223.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency’s legislative body that establishes a pension trust plan may adopt additional provisions and regulations for the plan unless statute specifically prohibits them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53223. The legislative body of the local agency which establishes a pension trust plan pursuant to the provisions of this article may adopt any other provisions and regulations concerning such plan which are not specifically prohibited by statute. (Added by Stats. 1973, Ch. 653.)
  31. 53224.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. )

    Verify source ↗

    A local agency’s legislative body may contribute to an ERISA plan if the agency establishes a pension trust plan under this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.5. Pension Trusts [53215 - 53224] ( Article 1.5 added by Stats. 1955, Ch. 924. ) ## 53224. The legislative body of a local agency which establishes a pension trust plan pursuant to the provisions of this article may contribute to a plan which is established pursuant to the Federal Employee Retirement Income Security Act of 1974. (Added by Stats. 1975, Ch. 268.)
  32. 53225.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. )

    Verify source ↗

    This section authorizes the Health Insurance Purchasing Alliance Program and says the board of directors administers it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. ) ## 53225. (a) The Health Insurance Purchasing Alliance Program is hereby authorized. The program shall be administered by the Board of Directors of the Health Insurance Purchasing Alliance Program pursuant to this article. (b) The governing bodies of any two or more counties that maintain a county retirement system pursuant to Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 may, after notifying and consulting with all other counties that maintain county retirement systems pursuant to that chapter, elect, by resolution, to form or to participate in, subject to the time limitations set forth in subdivision (c), the program and to appoint one county officer as a member of the board of directors. In any county maintaining a retirement system pursuant to Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 in which the county board of retirement has elected, pursuant to Section 31691, 31691.1, or 31694.1, to make contributions for health benefits coverage of retirees and their dependents, the election shall be exercised jointly by the board of supervisors of the county and the county board of retirement. In any county of the first class, as defined by Section 20820, as amended by Chapter 1204 of the Statutes of 1971, and Section 20822, as amended by Chapter 43 of the Statutes of 1961, the resolution shall be initiated by the county board of retirement. The county board of supervisors shall contribute a reasonable amount of funds to pay its share of the initial startup costs and the administrative costs of the program. (c) Once the board of directors has put into operation a health insurance contract year, any county maintaining a county retirement system pursuant to Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3, city, or district that desires to participate in the program may elect, by resolution, adopted at least one year prior to the commencement of the next insurance contract year, to participate in the program. Each city and district that elects to participate may appoint one of its officers as a member of the Advisory Committee to the board of directors. The governing body of the participating public agency shall contribute a reasonable amount of funds, as determined by the board of directors, to pay its share of the initial startup costs and the administrative costs of the program. (d) Each county, city, or district that elects to participate in the program shall: (1) Furnish to the alliance such employee information as the board of directors may determine to be necessary. (2) Provide to its eligible employees and retirees and their dependents only the health insurance plans offered by the alliance. (3) Make the selected health insurance plans offered by the alliance available to all their eligible employees and retirees and their eligible dependents. (4) Carry out the purposes of the program and pay its share of the initial startup costs. (5) Abide by the rules and regulations adopted by the board of directors and all applicable state and federal rules and regulations. (e) The board of directors may, within 180 days of receipt of an application to participate, reject the application of any city or district. (f) A request to withdraw from the alliance shall be submitted in writing at least one year prior to the end of the health insurance contract year after which coverage is no longer desired. (g) The board of directors may, after giving one year’s advance written notice, terminate a participating public agency for cause pursuant to the rules and regulations. (Added by Stats. 1993, Ch. 199, Sec. 1. Effective January 1, 1994.)
  33. 53225.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. )

    Verify source ↗

    The board of directors must manage the health insurance purchasing program and related operations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. ) ## 53225.1. The board of directors shall: (a) Negotiate and enter into contractual arrangements with health care insurance providers to provide health benefits coverage for the eligible employees and retirees of participating public agencies and their eligible dependents. (b) Act upon the requests of counties, cities, and districts to participate in the program. (c) Gather, compile, and furnish such information as may be needed by the health care insurance providers for premium computation purposes. (d) Analyze federal and state laws and regulations to assure that the health benefits coverage plans being made available and the operations of the program comply with those statutes and regulations. (e) Provide appropriate consumer information for use by the participating public agencies during the annual open enrollment periods. (f) Monitor the utilization of the plans by the participating public agencies for cost effectiveness and potential fraud and abuse, and to assure that the needs of those agencies are being met. (g) Adopt, after the expiration of a reasonable review and comment period, such rules and regulations as may be necessary to provide for the effective operation of the program, including defining of the eligibility of employees and retirees and their dependents to participate in the program. (h) Employ such staff and consultants, either directly or by contract, as may be reasonably necessary to carry out the program. (i) Make copies of its proposed budget available to the board of supervisors of all participating counties for review and comment prior to the adoption of the budget. (j) Establish, in conjunction with the adoption of the annual budget, a schedule of fees and charges for the equitable distribution of the program operating expenses among the participating public agencies. (Added by Stats. 1993, Ch. 199, Sec. 1. Effective January 1, 1994.)
  34. 53225.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. )

    Verify source ↗

    The Advisory Committee must provide the board advice and assistance on health insurance coverage needs and on adopting rules and regulations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.6. Health Insurance Purchasing Alliance [53225 - 53225.2] ( Article 1.6 added by Stats. 1993, Ch. 199, Sec. 1. ) ## 53225.2. The Advisory Committee shall provide the board advice and assistance in determining the health insurance coverage needs of the participating public agencies and in the adoption of rules and regulations. (Added by Stats. 1993, Ch. 199, Sec. 1. Effective January 1, 1994.)
  35. 53226.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. )

    Verify source ↗

    This article applies to districts other than school districts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. ) ## 53226. This article shall apply to districts other than school districts. (Added by Stats. 1994, Ch. 330, Sec. 3. Effective January 1, 1995.)
  36. 53226.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. )

    Verify source ↗

    If a district adopts these procedures by resolution, its legislative body must set the amounts of officials’ bonds before the district officers are elected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. ) ## 53226.1. The legislative body of any district electing to adopt by resolution the procedures in this chapter shall, prior to an election of officers of the districts, prescribe the amounts of officials’ bonds of the officers of the district. (Added by Stats. 1994, Ch. 330, Sec. 3. Effective January 1, 1995.)
  37. 53226.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. )

    Verify source ↗

    The legislative body may establish a master bond instead of, or in addition to, the bonds required by this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. ) ## 53226.2. As an alternative or supplementary to the bonds required by this article, the legislative body may establish a master bond pursuant to Section 1481. (Added by Stats. 1994, Ch. 330, Sec. 3. Effective January 1, 1995.)
  38. 53226.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. )

    Verify source ↗

    A district’s legislative body, except for a school district, may choose by resolution to use insurance instead of bonds for losses caused by district employees or officers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.7. Local District Bonds [53226 - 53226.3] ( Article 1.7 added by Stats. 1994, Ch. 330, Sec. 3. ) ## 53226.3. The legislative body of a district, other than a school district, may, by resolution, insure against losses caused by an employee or officer of the district in lieu of providing a bond or bonds. After the resolution is adopted, any requirements of law regarding faithful performance or revolving fund bonds shall be inapplicable to the district or any officer or employee of the district. The amount of the insurance shall be determined pursuant to Sections 1480 and 1481 and shall give the same or greater protection to the district that a bond would provide in indemnifying the district against any loss caused by the employee or officer of the district. (Added by Stats. 1994, Ch. 852, Sec. 4. Effective January 1, 1995.)
  39. 53227.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. )

    Verify source ↗

    A local agency employee generally cannot be sworn into the local legislative body office unless the employee resigns first.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. ) ## 53227. (a) An employee of a local agency may not be sworn into office as an elected or appointed member of the legislative body of that local agency unless he or she resigns as an employee. If the employee does not resign, the employment shall automatically terminate upon his or her being sworn into office. (b) For any individual who is an employee of a local agency and an elected or appointed member of that local agency’s legislative body prior to January 1, 1996, this section shall apply when he or she is reelected or reappointed, on or after January 1, 1996, as a member of the local agency’s legislative body. (c) This section does not apply to any volunteer firefighter who does not receive a salary, or where the salary the volunteer firefighter would otherwise receive is applied directly by the local agency toward the purchase of disability, life, health, or similar insurance coverage. (Amended by Stats. 1996, Ch. 364, Sec. 1. Effective January 1, 1997.)
  40. 53227.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. )

    Verify source ↗

    This article must not be read as overriding Education Code Sections 35107 and 72103.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. ) ## 53227.1. This article shall not be construed to preempt Sections 35107 and 72103 of the Education Code. (Added by Stats. 1995, Ch. 237, Sec. 1. Effective January 1, 1996.)
  41. 53227.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. )

    Verify source ↗

    This provision defines “local agency” and “legislative body” for the article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1.8. Eligibility for Office [53227 - 53227.2] ( Article 1.8 added by Stats. 1995, Ch. 237, Sec. 1. ) ## 53227.2. For purposes of this article, the following definitions apply: (a) “Local agency” means a city, city and county, county, district, municipal or public corporation, political subdivision, or other public agency of the state. (b) “Legislative body” means the board of supervisors of a county or a city and county, the city council of a city, or the governing body of a district, municipal or public corporation, political subdivision, or other public agency of the state. (Amended by Stats. 2001, Ch. 43, Sec. 1. Effective January 1, 2002.)
  42. 53230.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Purchase of United States Bonds [53230- 53230.] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local government body may arrange payroll deductions to buy U.S. savings bonds or similar U.S. obligations for officers and employees who make a written request.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Purchase of United States Bonds [53230- 53230.] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 53230. The legislative body of a county, city, municipal corporation, political subdivision, public district, or other public agency of the State may provide for the purchase of United States savings bonds or similar United States obligations by salary or wage deductions for officers and employees making written requests for the deductions and purchases. (Added by Stats. 1949, Ch. 81.)
  43. 53232.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. )

    Verify source ↗

    This section defines four terms used in the article: governing body, legislative body, local agency, and meeting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) ## 53232. For the purposes of this article, the following terms have the following meanings: (a) “Governing body” means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a special district. (b) “Legislative body” has the same meaning as specified in Section 54952. (c) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, or special district. (d) “Meeting” has the same meaning as specified in subdivision (a) of Section 54952.2. (Added by Stats. 2005, Ch. 700, Sec. 3. Effective January 1, 2006.)
  44. 53232.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. )

    Verify source ↗

    A local agency may pay members of a legislative body for attending certain meetings, conferences, or educational activities, and may pay for other attendance only if the governing body adopts a written policy in a public meeting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) ## 53232.1. (a) When compensation is otherwise authorized by statute, a local agency may pay compensation to members of a legislative body for attendance at the following occurrences: (1) A meeting of the legislative body. (2) A meeting of an advisory body. (3) A conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234). (b) A local agency may pay compensation for attendance at occurrences not specified in subdivision (a) only if the governing body has adopted, in a public meeting, a written policy specifying other types of occasions that constitute the performance of official duties for which a member of the legislative body may receive payment. (c) This section shall not apply to any local agency that pays compensation in the form of a salary to members of a legislative body, including, but not limited to, those local agencies whose legislative bodies’ compensation is subject to Section 36516 or 36516.1, subparagraph (B) or (C) of paragraph (2) of subdivision (a) of Section 21166 or Section 22840 of the Water Code, Section 11908.1 of the Public Utilities Code, Section 6060 of the Harbors and Navigation Code, or subdivision (b) of Section 1 or Section 5 of Article XI of the California Constitution. (Added by Stats. 2005, Ch. 700, Sec. 3. Effective January 1, 2006.)
  45. 53232.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. )

    Verify source ↗

    A local agency may reimburse legislative body members for actual and necessary official expenses, but if it does, the governing body must adopt a written public policy and members must use available government or group travel and lodging rates.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) ## 53232.2. (a) When reimbursement is otherwise authorized by statute, a local agency may reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties, including, but not limited to, activities described in Article 2.4 (commencing with Section 53234). (b) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. (c) The policy described in subdivision (b) may also specify the reasonable reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses. If it does not, the local agency shall use the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication. (d) If the lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234), lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the requirements of subdivisions (c) and (e). (e) Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available. (f) All expenses that do not fall within the adopted travel reimbursement policy or the Internal Revenue Service reimbursable rates as provided in subdivision (c), shall be approved by the governing body, in a public meeting before the expense is incurred, except as provided in subdivision (d). (g) If a member of a legislative body chooses to incur additional costs that are above the rates established pursuant to this section and those costs have not been approved pursuant to subdivision (f), then the member of a legislative body may do so at his or her own expense. (h) This section shall not supersede any other laws establishing reimbursement rates for local agencies. (Amended by Stats. 2006, Ch. 643, Sec. 10. Effective January 1, 2007.)
  46. 53232.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. )

    Verify source ↗

    If a local agency reimburses legislative body members for official expenses, it must provide expense report forms, and members must file expense reports with receipts and brief meeting reports.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) ## 53232.3. (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (Amended by Stats. 2021, Ch. 615, Sec. 195. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  47. 53232.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. )

    Verify source ↗

    This section says misuse of public resources or falsifying expense reports can lead to penalties such as losing reimbursement privileges, making restitution to the local agency, civil penalties, or prosecution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) ## 53232.4. Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency. (c) Civil penalties for misuse of public resources pursuant to Section 8314. (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. (Added by Stats. 2005, Ch. 700, Sec. 3. Effective January 1, 2006.)
  48. 53237.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. )

    Verify source ↗

    This section defines “local agency” and “local agency official” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. ) ## 53237. For the purposes of this article, the following terms have the following meanings: (a) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, or special district. (b) “Local agency official” means any member of a local agency legislative body and any elected local agency official. (Added by Stats. 2016, Ch. 816, Sec. 1. (AB 1661) Effective January 1, 2017.)
  49. 53237.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. )

    Verify source ↗

    Certain local agency officials must get sexual harassment prevention training, and some employees may also be required to take it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. ) ## 53237.1. (a) If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article. (b) Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. (c) An entity that develops curricula to satisfy the requirements of this section shall consult with legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula. (d) The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation. (e) A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online. (f) All providers of training courses shall provide participants with proof of participation to meet the requirements of this article. (g) A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter. (h) A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves. (Amended by Stats. 2017, Ch. 387, Sec. 12. (SB 205) Effective January 1, 2018.)
  50. 53237.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. )

    Verify source ↗

    A local agency covered by this section must keep records of required sexual harassment training, including the completion date and the training provider.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. ) ## 53237.2. (a) A local agency that requires its local agency officials or employees to complete the sexual harassment prevention training and education prescribed by this article shall maintain records indicating both of the following: (1) The dates that local agency officials or employees satisfied the requirements of this article. (2) The entity that provided the training. (b) Notwithstanding any other law, a local agency shall maintain these records for at least five years after local agency officials or employees receive the training. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (Amended by Stats. 2021, Ch. 615, Sec. 197. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  51. 53237.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. )

    Verify source ↗

    This section says the article adds to any other similar training law and does not override Section 12940 or Section 12950.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.5. Sexual Harassment Prevention Training and Education [53237 - 53237.5] ( Article 2.4.5 added by Stats. 2016, Ch. 816, Sec. 1. ) ## 53237.5. The requirements of this article are in addition to any other law requiring similar or related training, and nothing in this article shall be construed to supersede the requirements of Section 12940 or 12950.1. (Added by Stats. 2016, Ch. 816, Sec. 1. (AB 1661) Effective January 1, 2017.)
  52. 53238.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the article, including “fiscal and financial training,” “legislative body,” “local agency,” and “local agency official.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. ) ## 53238. For purposes of this article: (a) “Fiscal and financial training” includes, but is not limited to, training in all of the following: (1) Laws and principles relating to financial administration and short- and long-term fiscal management, including, but not limited to, the role and responsibilities of financial administration, financial policies, municipal budgets and budget processes, and financial reporting and auditing. (2) Laws and principles relating to, but not limited to, capital financing and debt management, mechanisms for local agency revenues, pensions and other postemployment benefits, cash management and investments, the prudent investor standard, and the ethics of safeguarding public resources. (3) General fiscal and financial planning principles and any pertinent laws relevant to the local agency official’s public service and role in overseeing the local agency’s operations and relevant to the local agency’s procurement and contracting practices and responsibilities. (b) “Legislative body” has the same meaning as in Section 54952. (c) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, or special district. (d) “Local agency official” means any of the following: (1) Any member of a local agency legislative body or any elected officer of a local agency. (2) Any official who is appointed by the governing body who, as part of their official duties, makes decisions or recommendations regarding financial administration, budgeting, or the use of public resources. (3) A local agency executive, as defined in subdivision (d) of Section 3511.1, or other similar administrative officer of a local agency. (4) An employee designated by a local agency governing body to receive the training specified under this article. (Added by Stats. 2025, Ch. 661, Sec. 4. (SB 827) Effective January 1, 2026.)
  53. 53238.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. )

    Verify source ↗

    Local agency officials must complete at least two hours of fiscal and financial training, and local agencies must share training information annually.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. ) ## 53238.1. (a) All local agency officials shall receive at least two hours of fiscal and financial training pursuant to this article. (b) A local agency or an association of local agencies may contract with or otherwise collaborate with a provider of a training course to offer one or more training courses, or sets of self-study materials with tests, to its local agency officials to meet the requirements of this article. (c) Training courses, or the sets of self-study materials with tests, may be taken in person or online. These courses and materials shall be developed in consultation with widely recognized experts in local government finance, including local government associations. (d) All providers of training courses under this article shall provide participants with proof of participation to meet the requirements of Section 53238.3. (e) A local agency shall provide information on training available to meet the requirements of this article to its local agency officials at least once annually. (Added by Stats. 2025, Ch. 661, Sec. 4. (SB 827) Effective January 1, 2026.)
  54. 53238.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. )

    Verify source ↗

    Local agency officials must complete fiscal and financial training on the schedules stated here, and officials serving more than one local agency must give each agency proof of participation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. ) ## 53238.2. (a) Every local agency official who is in a local agency’s service as of January 1, 2026, and commenced that service prior to January 1, 2026, shall receive the fiscal and financial training required by this article before January 1, 2028, unless that official’s term of office ends before January 9, 2028. Thereafter, the local agency official shall receive the training at least once every two years. (b) Every local agency official who commences service with a local agency on or after January 1, 2026, shall receive the fiscal and financial training required by this article no later than six months from the first day of service with the local agency. Thereafter, the local agency official shall receive the training at least once every two years. (c) A local agency official who serves more than one local agency is only required to comply with the training requirements of this article once every two years, regardless of the number of local agencies the local agency official serves. However, the local agency official shall provide a copy of proof of participation to all local agencies that they serve. (Added by Stats. 2025, Ch. 661, Sec. 4. (SB 827) Effective January 1, 2026.)
  55. 53238.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. )

    Verify source ↗

    Local agencies must keep training records and, if they have a website, post contact instructions for requesting those records starting July 1, 2026.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. ) ## 53238.3. (a) A local agency that provides the fiscal and financial training required by this article shall maintain records indicating both of the following: (1) The dates that local agency officials satisfied the requirements of this article. (2) The entity that provided the training. (b) Notwithstanding any other provision of law, a local agency shall maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (c) Commencing July 1, 2026, a local agency that maintains an internet website shall post on that website clear instructions and contact information for the purpose of requesting records required by this section. (Added by Stats. 2025, Ch. 661, Sec. 4. (SB 827) Effective January 1, 2026.)
  56. 53238.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. )

    Verify source ↗

    A local agency official who complies with certain sections is exempt from this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.4.6. Fiscal and Financial Training [53238 - 53238.4] ( Article 2.4.6 added by Stats. 2025, Ch. 661, Sec. 4. ) ## 53238.4. A local agency official who is in compliance with Section 26945, 26945.1, 27000.7, 27000.8, or 27000.9 is exempt from the provisions of this article. (Added by Stats. 2025, Ch. 661, Sec. 4. (SB 827) Effective January 1, 2026.)
  57. 53240.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.5. Replacing or Repairing Property of Employees [53240- 53240.] ( Article 2.5 added by Stats. 1959, Ch. 762. )

    Verify source ↗

    A county, city, or similar public agency may pay to replace or repair an employee’s property or prostheses if they were lost or damaged while the employee was on duty and not at fault.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.5. Replacing or Repairing Property of Employees [53240- 53240.] ( Article 2.5 added by Stats. 1959, Ch. 762. ) ## 53240. The legislative body of a county, city, municipal corporation, political subdivision, public district, or other public agency may provide for the payment of the costs of replacing or repairing property or prostheses of an employee, such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee when any such items are lost or damaged in the line of duty without fault of employee. If the items are damaged beyond repair, the actual value of such items may be paid. The value of such items shall be determined as of the time of the loss thereof or damage thereto. (Amended by Stats. 1971, Ch. 234.)
  58. 53243.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    Certain local agency contracts must require reimbursement of paid leave salary if the officer or employee is later convicted of a crime involving abuse of office or position.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position. (Added by Stats. 2011, Ch. 692, Sec. 7. (AB 1344) Effective January 1, 2012.)
  59. 53243.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    Contracts between a local agency and its officer or employee that fund a legal criminal defense must require full reimbursement to the local agency if the person is convicted of a crime involving abuse of office or position.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position. (Added by Stats. 2011, Ch. 692, Sec. 7. (AB 1344) Effective January 1, 2012.)
  60. 53243.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    Local agency employment contracts must include a clause requiring reimbursement of certain termination cash settlements if the employee is convicted of an abuse-of-office crime.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. (Added by Stats. 2011, Ch. 692, Sec. 7. (AB 1344) Effective January 1, 2012.)
  61. 53243.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    If a local agency makes certain payments without a contractual obligation, the employee or officer who received them must reimburse the agency if convicted of a crime involving abuse of office or position.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position. (Added by Stats. 2011, Ch. 692, Sec. 7. (AB 1344) Effective January 1, 2012.)
  62. 53243.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    This section defines “abuse of office or position” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53243.4. For purposes of this article, “abuse of office or position” means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. (Amended by Stats. 2013, Ch. 210, Sec. 7. (SB 184) Effective January 1, 2014.)
  63. 53244.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. )

    Verify source ↗

    A local public officer convicted of a felony arising from official duties must forfeit claims to retirement or pension rights or benefits, except accrued benefits under a public retirement system, and the officer and prosecuting agency must notify the public employer within 60 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.6. Abuse of Office [53243 - 53244] ( Article 2.6 added by Stats. 2011, Ch. 692, Sec. 7. ) ## 53244. (a) A local public officer, as defined in subdivision (b), who is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of, or in the performance of, his or her official duties shall forfeit any contract right or other common law, constitutional, or statutory claim against a local public agency employer to retirement or pension rights or benefits, however those benefits may be characterized, including lost compensation, other than the accrued rights and benefits to which he or she may be entitled under any public retirement system in which he or she is a member. The forfeiture provided by this section shall be in addition to, and independent of, any forfeiture of public retirement system rights and benefits pursuant to Section 7522.70, 7522.72, or 7522.74. (b) For the purposes of this section, “local public officer” means a person, either elected or appointed, who exercised discretionary, executive authority in his or her employment. (c) This section shall apply to any claim filed prior to the effective date of the act enacting this section, and still pending on that date, and any claim commenced after that date. (d) Upon conviction, a local public officer as described in subdivision (a), and the prosecuting agency shall each notify the public employer who employed the local public officer at the time of the commission of the felony within 60 days of the felony conviction. The operation of this section is not dependent upon the performance of the notification required by this subdivision. (Added by Stats. 2013, Ch. 775, Sec. 2. (SB 39) Effective October 12, 2013.)
  64. 53245.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.7. Salary Warrants and Checks [53245- 53245.] ( Article 2.7 added by Stats. 1968, Ch. 650. )

    Verify source ↗

    Employees of certain public agencies may designate someone to receive their warrants or checks after death, and the appointing power must deliver them with proof of identity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.7. Salary Warrants and Checks [53245- 53245.] ( Article 2.7 added by Stats. 1968, Ch. 650. ) ## 53245. (a) Any person now or hereafter employed by a county, city, municipal corporation, district, or other public agency may file with their appointing power a designation of a person who, notwithstanding any other provision of law, shall, on the death of the employee, be entitled to receive all warrants or checks that would have been payable to the decedent had they survived. The employee may change the designation from time to time. A person so designated shall claim such warrants or checks from the appointing power. On sufficient proof of identity, the appointing power shall deliver the warrants or checks to the claimant. A person who receives a warrant or check pursuant to this section is entitled to negotiate it as if they were the payee. (b) For purposes of this section, “person” includes, but is not limited to, a corporation, a trust, or an estate. (Amended by Stats. 2021, Ch. 55, Sec. 2. (AB 444) Effective January 1, 2022.)
  65. 53247.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.8. Comparable Pay [53247 - 53248] ( Article 2.8 added by Stats. 1983, Ch. 906, Sec. 1. )

    Verify source ↗

    This section defines “local agency” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.8. Comparable Pay [53247 - 53248] ( Article 2.8 added by Stats. 1983, Ch. 906, Sec. 1. ) ## 53247. As used in this article, “local agency” means any county, city, city and county, including any charter county, city, or city and county, and any district, school district, municipal or public corporation, political subdivision, or public agency of the state, or any instrumentality of one or more of any such agencies. (Added by Stats. 1983, Ch. 906, Sec. 1.)
  66. 53248.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.8. Comparable Pay [53247 - 53248] ( Article 2.8 added by Stats. 1983, Ch. 906, Sec. 1. )

    Verify source ↗

    A local agency may not keep or adopt a rule that bars considering work comparability when negotiating salaries.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2.8. Comparable Pay [53247 - 53248] ( Article 2.8 added by Stats. 1983, Ch. 906, Sec. 1. ) ## 53248. (a) No local agency shall adopt or continue in effect an ordinance or policy which prohibits consideration of comparability of the value of the work as one of the factors which may be used during the collective-bargaining process to negotiate salaries. Existing memoranda of understanding, presently in effect, would continue to control until they expire. Thereafter, there shall be negotiations in accordance with this article. (b) For purposes of this section, the following definitions apply: (1) “Comparability of the value of the work” means the value of the work performed by an employee, or group of employees within a class or salary range, in relation to the value of the work of another employee, or group of employees, to any class or salary range maintained by a local agency, and shall be measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of the work with other classes of employees. (2) “Skill” means the skill required in the performance of the work, including any type of intellectual or physical skill acquired by the employee through experience, training, education, or natural ability. (3) “Effort” means the effort required in the performance of the work, including any intellectual or physical effort. (4) “Responsibility” means the responsibility required in the performance of the work, including the extent to which the employer relies on the employee to perform the work, the importance of the duties, and the accountability of the employee for the work of others and for resources. (5) “Working conditions” means the conditions under which the work of an employee is performed, including physical or psychological factors. (Added by Stats. 1983, Ch. 906, Sec. 1.)
  67. 53250.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. )

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    The legislative body must give eligible fire department members paid-style leave of absence: at least 15 consecutive days each year and at least four working shifts each month of service.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 53250. The legislative body of a city or a fire protection district in which there is a regularly organized paid fire department or county fire warden department, shall grant to each regular or permanent member of the department an annual leave of absence from active duty of not less than fifteen consecutive days. It shall also grant each member a leave of absence from active duty of not less than four working shifts in each month of service. (Amended by Stats. 1988, Ch. 465, Sec. 1. Effective August 22, 1988.)
  68. 53251.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The legislative body must arrange firemen’s leaves so they do not impair the department’s efficiency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 53251. The legislative body shall arrange such leaves so as not to impair the efficiency of the department. (Added by Stats. 1949, Ch. 81.)
  69. 53252.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    No deduction may be made from the salary or pay of a department member who has been granted the leave of absence described here.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Firemen’s Vacations [53250 - 53252] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 53252. Deduction shall not be made from the salary or pay of a member of the department granted such a leave of absence. (Added by Stats. 1949, Ch. 81.)
  70. 53260.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. )

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    Local agency employers must put a termination settlement cap into employment contracts, and they may not pay any cash or noncash settlement to a district superintendent in specified fraud cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. ) ## 53260. (a) All contracts of employment between an employee and a local agency employer shall include a provision that provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, with the following exceptions: (1) If the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18. (2) In the case of a district superintendent of schools, for contracts of employment executed on or after January 1, 2016, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 12. (b) (1) Notwithstanding subdivision (a), if a local agency employer, including an administrator appointed by the Superintendent, terminates its contract of employment with its district superintendent of schools, that local agency employer shall not provide a cash or noncash settlement to its superintendent in any amount if the local agency employer believes, and subsequently confirms, pursuant to an independent audit, that the superintendent has engaged in fraud, misappropriation of funds, or other illegal fiscal practices. (2) This subdivision applies only to a contract for employment executed on or after January 1, 2016. (c) The cash settlement formulas described in subdivision (a) are maximum amounts that may be paid by a local agency employer to an employee and not a target or example of the amount of the cash settlement to be paid by a local agency employer to an employee in all contract termination cases. (Amended by Stats. 2015, Ch. 240, Sec. 1. (AB 215) Effective January 1, 2016.)
  71. 53261.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. )

    Verify source ↗

    A cash settlement under Section 53260 cannot include other noncash items, except that health benefits may continue for a limited period.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. ) ## 53261. The cash settlement specified in Section 53260 shall not include any other noncash items except health benefits, which may be continued for the same duration of time as covered in the settlement, pursuant to the same time limitations as provided in Section 53260, or until the employee finds other employment, whichever occurs first. (Added by Stats. 1992, Ch. 962, Sec. 6. Effective September 28, 1992.)
  72. 53262.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. )

    Verify source ↗

    Certain local agency employment contracts must be ratified in an open session of the governing body and recorded in the minutes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. ) ## 53262. (a) All contracts of employment with a superintendent, deputy superintendent, assistant superintendent, associate superintendent, community college president, community college vice president, community college deputy vice president, general manager, city manager, county administrator, or other similar chief administrative officer or chief executive officer of a local agency shall be ratified in an open session of the governing body which shall be reflected in the governing body’s minutes. (b) Copies of any contracts of employment, as well as copies of the settlement agreements, shall be available to the public upon request. (Added by Stats. 1992, Ch. 962, Sec. 6. Effective September 28, 1992.)
  73. 53263.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. )

    Verify source ↗

    This section defines “local agency” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. ) ## 53263. For purposes of this article, “local agency” means any general law county, general law city, and any district, school district, community college district, municipal or public corporation, political subdivision, or public agency of the state, or any instrumentality of any one or more of these agencies. (Added by Stats. 1992, Ch. 962, Sec. 6. Effective September 28, 1992.)
  74. 53264.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. )

    Verify source ↗

    This article applies only prospectively, and it affects certain contracts approved or extended by the governing body after the article’s effective date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.5. Employment Contracts [53260 - 53264] ( Article 3.5 added by Stats. 1992, Ch. 962, Sec. 6. ) ## 53264. This article shall apply prospectively and shall affect any contract originally approved by the governing body, or any existing contract that is extended by the governing body, after the effective date of this article. (Added by Stats. 1992, Ch. 962, Sec. 6. Effective September 28, 1992.)
  75. 53270.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.7. Employment of Firefighters [53270- 53270.] ( Article 3.7 added by Stats. 1997, Ch. 73, Sec. 1. )

    Verify source ↗

    Local governments may appoint certain qualified firefighters under this section, but must not hire under it if a special reemployment list exists. If they do appoint someone, they must give priority to local residents first and county residents second.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3.7. Employment of Firefighters [53270- 53270.] ( Article 3.7 added by Stats. 1997, Ch. 73, Sec. 1. ) ## 53270. (a) The Legislature hereby finds that the hiring of permanent career civilian federal, state, and local government firefighters by local agencies as specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section. (b) Notwithstanding any other provision of law, upon approval by its governing body, a local government, including, but not limited to, a fire protection district, joint powers agency, or the fire department of a city, including a charter city, county, or city and county, or any political subdivision of one of these agencies, when hiring additional firefighters, may appoint as a member or officer any person who meets all of the following criteria: (1) Was serving as a permanent career civilian firefighter, in good standing, employed by the federal government or contracted to serve at a federal installation or a permanent career firefighter employed by the state or a local government within the state. (2) Has satisfactorily completed all firefighter training required for employment as a permanent career civilian federal, state, or local government firefighter. (3) Was, as a consequence of the closure, downsizing, or realignment of a federal installation, terminated as a permanent career civilian firefighter, or as a consequence of job-elimination, terminated as a permanent career state or local government firefighter, within 36 months prior to the appointment. (c) The appointment authority created by this section shall take precedence over any provision of, or any condition or circumstance arising from a provision of, a charter, ordinance, or resolution that governs employment of firefighters, that would otherwise frustrate the purpose of this section, including, but not limited to, the following: (1) The local government maintains a civil service or merit system governing the appointment of firefighters. (2) The local government has available to it an eligible or regular reemployment list of persons eligible for those appointments. (3) The appointed person is not on any eligible list. (d) A local government may not employ a person pursuant to this section if a special reemployment list is in existence for the firefighter position to be filled. (e) If a local government determines to appoint a person pursuant to this section, it shall give first priority to residents of the jurisdiction, and second priority to residents of the county not residing in the jurisdiction. (f) The seniority, seniority-related privileges, and rank that a permanent career civilian federal, state, or local government firefighter possessed while employed at a federal installation or by the state or a local government shall not be required to be transferred to a position in a local government fire department obtained pursuant to this section. (g) To effectuate the purposes of this section, the California Firefighter Joint Apprenticeship Program may administer, prepare, and circulate to local governments a list of permanent career civilian federal, state, and local government firefighters eligible for appointment pursuant to this section. A permanent career civilian federal, state, or local government firefighter may apply for placement on the list after he or she receives a notice of termination of position or a priority placement notice and shall remain on the list for a period of 36 months. (Amended by Stats. 2025, Ch. 110, Sec. 4. (SB 156) Effective September 17, 2025.)
  76. 53290.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. )

    Verify source ↗

    This section defines “local agency” and “legislative body” for the article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. ) ## 53290. As used in this article: (a) “Local agency” means city, county, or district. (b) “Legislative body” means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a district. (Added by Stats. 1957, Ch. 2399.)
  77. 53291.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. )

    Verify source ↗

    When a local agency takes over another agency’s functions, its governing body may set qualification and condition rules for transferring employees, and employees who do not meet them do not become employees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. ) ## 53291. Notwithstanding any law to the contrary, whenever a local agency takes over or assumes any of the functions of another local agency under a law which provides that all or any employees of such other local agency become employees of the local agency assuming the function, the governing body of the local agency assuming the function may prescribe the qualifications and conditions under which such employees will become employees of the local agency. Any employees who do not meet such qualifications or conditions shall not become employees of the local agency. (Added by Stats. 1957, Ch. 2399.)
  78. 53292.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. )

    Verify source ↗

    When a fire district or city fire department is dissolved or reduced because of a consolidation, merger, incorporation, annexation, or contract, the new agency must give displaced firefighters first choice for openings and must not hire firefighters over the mandatory retirement age.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. ) ## 53292. (a) Whenever a special district or joint powers agency that provides fire protection or a city fire department is dissolved or the area it serves is decreased by reason of a consolidation, merger, incorporation, annexation, or contract, and the district, joint powers agency, or city fire department taking over the duties of the dissolved or decreased district, joint powers agency, or department decides to hire additional firefighters, it shall give first choice for the positions to be filled to firefighters employed by the dissolved or decreased district, joint powers agency, or department. As nearly as possible, the firefighters who are hired shall be given positions with a rank comparable to that which they held in the dissolved or decreased district, joint powers agency, or department. No firefighter shall be hired who is over the mandatory retirement age of the district, joint powers agency, or city fire department which is taking over the duties of the dissolved or decreased district, joint powers agency, or department. (b) Notwithstanding any other provision of law, where firefighters are hired as a result of the consolidation, merger, incorporation, annexation, or contract, the seniority or other employment rights of the employees of the district, joint powers agency, or fire department taking over the duties of the dissolved or decreased district, joint powers agency, or department shall not be impaired as a result of the consolidation, merger, incorporation, annexation, or contract, except as otherwise agreed upon in a county, other than a county of the first class, in a memorandum of understanding with each employee organization, which has been recognized pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, and which represents employees of the district, joint powers agency, or department taking over the duties of the dissolved or decreased district, joint powers agency, or department who are in classes affected by the consolidation, merger, incorporation, annexation, or contract. (Amended by Stats. 1999, Ch. 394, Sec. 1. Effective January 1, 2000.)
  79. 53293.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. )

    Verify source ↗

    Certain flood-control agencies may not contract for engineering or surveying services, except in specified cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Transfer of Public Functions [53290 - 53293] ( Article 4 added by Stats. 1957, Ch. 2399. ) ## 53293. No agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries and which has as its primary function the control and conservation of floodwaters, shall contract to provide engineering or surveying services, as defined by Chapter 7 (commencing with Section 6700) and Chapter 15 (commencing with Section 8700), respectively, of Division 3 of the Business and Professions Code, except with another governmental agency whose boundaries encompass all or a portion of the agency performing the services, or where the agencies have a mutual interest in the project or area of service for which such engineering or surveying services are to be performed. The provisions of this section shall not be applicable to any contract executed by any such agency prior to the effective date of this section. (Added by Stats. 1970, Ch. 817.)
  80. 53296.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. )

    Verify source ↗

    This section defines terms used in the article on disclosure of information by local government employees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. ) ## 53296. Definitions used in this article: (a) “Local agency” means any county, city, city and county, including any charter county, city, or city and county, and any district, school district, community college district, municipal or public corporation, political subdivision, or public agency of the state, or any instrumentality of any one or more of these agencies. (b) “Disciplinary action” means any direct form of discipline as defined in personnel rules and regulations adopted by the local agency. “Disciplinary action” shall include the firing of an employee. (c) “Disclosure of information” means the written provision of evidence regarding gross mismanagement or a significant waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (d) “Complaint” means any written document containing a disclosure of information as specified in subdivision (c). (e) “Employee” means any person employed by a local agency. (f) “Manager” means any employee having significant responsibilities for formulating or administering local agency or departmental policies and programs or administering the local agency or a department. (g) “Supervisory employee” or “supervisor” means any employee regardless of job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (h) “Officer” means any appointed member of a local board, commission, or other governing body who supervises or is responsible for the work of one or more local agency employers. (i) “Administrative procedure” means any written administrative procedure adopted by the local agency for presentation of a grievance for ultimate decision by the governing body of the local agency. The term does not include grievance procedures embodied in collective bargaining agreements. (j) “Reprisal action” means any act of intimidation, restraint, coercion, discrimination, or disciplinary action against any employee, or applicant for employment, who files a complaint pursuant to Section 53297. (Amended by Stats. 1993, Ch. 503, Sec. 1. Effective January 1, 1994.)
  81. 53297.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. )

    Verify source ↗

    Employees or job applicants may file a complaint with the local agency within 60 days, but employees must first try to exhaust available administrative remedies and complaints must follow local procedures or go to the governing body if none exist.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. ) ## 53297. (a) An employee, or applicant for employment, shall have the right to file a complaint with the local agency within 60 days of the date of the act or event which is the subject of the complaint. (b) Prior to filing a written complaint pursuant to this article, the employee shall first make a good faith effort to exhaust all available administrative remedies. The 60-day time limit specified in subdivision (a) shall be extended by the amount of time actually utilized by the employee in pursuing available administrative remedies. (c) A complaint pursuant to this article shall be filed in accordance with the locally adopted administrative procedure. If there is no administrative procedure, the complaint shall be filed with the governing body. (d) All complaints brought by employees under this article shall be filed under penalty of perjury. (Added by Stats. 1986, Ch. 353, Sec. 7.)
  82. 53298.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. )

    Verify source ↗

    Local agency officers, managers, and supervisors must not retaliate against employees or applicants who file a complaint under Section 53297.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. ) ## 53298. (a) No local agency officer, manager, or supervisor shall take a reprisal action against any employee or applicant for employment who files a complaint pursuant to Section 53297. (b) This article is not intended to prevent a local agency from taking, directing others to take, recommending, or approving any personnel action with respect to any employee or applicant for employment if the local agency reasonably believes that the action or inaction is justified on the basis of separate evidence which shows any of the following: (1) The employee’s complaint has disclosed information that he or she knows to be false or has disclosed information without regard for the truth or falsity thereof. (2) The employee’s complaint has disclosed information from records which are closed to public inspection pursuant to law. (3) The employee’s complaint has disclosed information which is confidential under any other provision of law. (4) The employee was the subject of an ongoing or existing disciplinary action prior to the disclosure of information with the local agency. (5) The employee has violated any other provision of the local personnel rules and regulations, has failed to perform assigned duties, or has committed any other act unrelated to the disclosure that would otherwise be subject to personnel action. (c) It is not a violation of this article for an officer, manager, or supervisor to take disciplinary action against an employee if that officer, manager, or supervisor had no prior knowledge that a complaint had been filed by that employee. (Amended by Stats. 1993, Ch. 503, Sec. 2. Effective January 1, 1994.)
  83. 53298.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. )

    Verify source ↗

    Local officers, managers, or supervisors who maliciously violate Section 53298 can face a fine, jail time, discipline, and damages liability; the injured employee may recover reasonable attorney’s fees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. ) ## 53298.5. (a) Any officer, manager, or supervisor who violates Section 53298 with malicious intent is punishable by a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for up to a period of one year. In addition, any local agency officer, manager, or supervisor who maliciously engages in conduct prohibited by Section 53298 shall be disciplined as provided by local personnel rules and regulations. (b) In addition to all other penalties provided by law, any local officer, manager, or supervisor who has been found by a court to have violated the provisions of Section 53298 with malicious intent shall be individually liable for damages in an action brought against him or her by the injured employee. Punitive damages may be awarded by the court where the offending party has acted with malice. Where liability has been established, the injured employee shall also be entitled to reasonable attorney’s fees as provided by law. In no way, shall the provisions of this article establish any liability for punitive damages or any new cause of action against the local public entity other than liabilities contained in existing law. (Added by Stats. 1986, Ch. 353, Sec. 7.)
  84. 53299.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. )

    Verify source ↗

    The League of California Cities may, with the County Supervisors Association of California, submit a report to the Governor and Legislature about complaints, hearings, and legal actions under this section.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Disclosure of Information: Local Government [53296 - 53299] ( Article 4.5 added by Stats. 1986, Ch. 353, Sec. 7. ) ## 53299. In order for the Governor and the Legislature to determine the need to continue or modify local agency personnel procedures as they relate to disclosure of information by public employees, the League of California Cities in consultation with the County Supervisors Association of California, may submit on June 30, 1987, and annually thereafter, a report to the Governor and the Legislature regarding complaints filed, hearings held, and legal actions taken pursuant to this section. (Amended by Stats. 1989, Ch. 129, Sec. 1.)
  85. 533.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section states that the distance from the county seat of Plumas County to Sacramento is 136 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 533. From the county seat of Plumas County to Sacramento it is one hundred and thirty-six (136) miles. (Enacted by Stats. 1943, Ch. 134.)
  86. 53311.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This chapter may be called and cited as the Mello-Roos Community Facilities Act of 1982.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53311. This chapter shall be known and may be cited as the “Mello-Roos Community Facilities Act of 1982”. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  87. 53311.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Local government may use this chapter as an alternative financing method for authorized capital facilities and services.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53311.5. This chapter provides an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation. The provisions of this chapter shall not affect or limit any other provisions of law authorizing or providing for the furnishing of governmental facilities or services or the raising of revenue for these purposes. A local government may use the provisions of this chapter instead of any other method of financing part or all of the cost of providing the authorized kinds of capital facilities and services. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  88. 53312.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If a rule in this chapter conflicts with another law, the chapter’s rule controls.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53312. Any provision in this chapter which conflicts with any other provision of law shall prevail over the other provision of law. (Repealed and added by Stats. 1986, Ch. 1102, Sec. 2. Effective September 24, 1986.)
  89. 53312.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A local agency may take actions or make determinations that it considers necessary or convenient to carry out this chapter, so long as they are not otherwise prohibited by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53312.5. The local agency may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this chapter and which are not otherwise prohibited by law. (Added by Stats. 1985, Ch. 538, Sec. 1. Effective September 9, 1985.)
  90. 53312.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A local agency may start district-establishment proceedings only after it has first adopted local goals and policies for using this chapter. Those policies must cover several listed topics, and school district policies must include a priority access policy for certain district residents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53312.7. (a) On and after January 1, 1994, a local agency may initiate proceedings to establish a district pursuant to this chapter only if it has first considered and adopted local goals and policies concerning the use of this chapter. The policies shall include at least the following: (1) A statement of the priority that various kinds of public facilities and services shall have for financing through the use of this chapter, including public facilities to be owned and operated by other public agencies, including school districts, and services to be provided by other public agencies. (2) A statement concerning the credit quality to be required of bond issues, including criteria to be used in evaluating the credit quality. (3) A statement concerning steps to be taken to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under this chapter. (4) A statement concerning criteria for evaluating the equity of tax allocation formulas, and concerning desirable and maximum amounts of special tax to be levied against any parcel pursuant to this chapter. (5) A statement of definitions, standards, and assumptions to be used in appraisals required by Section 53345.8. (b) The goals and policies adopted by any school district pursuant to subdivision (a) shall include, but not be limited to, a priority access policy that gives priority attendance access to students residing in a community facilities district whose residents have paid special taxes that have, in whole or in part, financed the construction of school district facilities. The degree of priority shall reflect the proportion of each school’s financing provided through the community facilities district. In developing a priority access policy for residents of a community facilities district, a school district may incorporate a school district attendance policy including criteria for student assignment such as goals to achieve ethnic, racial, or socioeconomic diversity; federal, state, or court mandates; transportation needs, safe pedestrian routes; grade levels for which facilities were designed; and ensuring students continuity of schooling within any single school year. (Amended by Stats. 2007, Ch. 670, Sec. 54. Effective January 1, 2008.)
  91. 53312.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Agricultural, open-space, or conservation land generally cannot be included in or annexed to a community facilities district that will provide sewer, nonagricultural water, or streets-and-roads services unless the landowner consents, with stated exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53312.8. (a) (1) Territory that is dedicated or restricted to agricultural, open-space, or conservation uses may not be included within or annexed to a community facilities district that provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the landowner consents to the inclusion or annexation of that territory to the community facilities district. (2) Notwithstanding paragraph (1), the consent of a landowner owning territory that is dedicated or restricted to agricultural, open-space, or conservation uses, and is located within the regional shoreline of the County of San Mateo shall not be required in order to include a territory within or annex a territory to a community facilities district, if, despite the dedication or restriction, the territory meets either of the following conditions: (A) A parcel in the territory has existing entitlements for development of commercial, residential, or industrial uses. (B) A parcel in the territory is already developed with commercial, residential, or industrial uses. (b) Notwithstanding any other law, and except as provided in subdivision (c), if a landowner consents to the inclusion or annexation of territory in a community facilities district pursuant to paragraph (1) of subdivision (a), the landowner and any local agency may not terminate any easement or effect a final cancellation of any contract with respect to any portion of the land included within or annexed to the community facilities district prior to the release of land that is the subject of the proposed termination or cancellation from all liens that arise under the community facilities district for any sewers, nonagricultural water, or streets and roads that did not benefit land uses allowed under the contract or easement. (c) Subdivision (b) shall not apply to any of the following: (1) Land under a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1) included in a community facilities district for which a tentative map may be filed pursuant to paragraph (3) of subdivision (d) of Section 66474.4 or for which a tentative cancellation has been approved. (2) Land subject to a conservation easement entered into prior to January 1, 2003. (3) Land included in a community facilities district prior to the imposition of an enforceable restriction listed in subdivision (d) or prior to January 1, 2003. (4) Land subject to an enforceable restriction listed in subdivision (d) that expressly waives the requirement of subdivision (b). (d) As used in this section, “territory that is dedicated or restricted to agricultural, open-space, or conservation uses” means territory that is subject to any of the following: (1) An open-space easement entered into pursuant to Chapter 6.5 (commencing with Section 51050) of Part 1 of Division 1. (2) An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1). (3) A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1). (4) A farmland security zone contract created pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, except as otherwise provided in Section 51296.4. (5) A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code. (6) An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code. (7) An agricultural conservation easement entered into pursuant to Section 51256. (Amended by Stats. 2025, Ch. 652, Sec. 1. (SB 390) Effective January 1, 2026.)
  92. 53313.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A community facilities district may be created to finance listed services, but special taxes need voter approval, cleanup activity must be noticed at least 30 days in advance, and bonds cannot be used to pay for the services themselves.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313. A community facilities district may be established under this chapter to finance any one or more of the following types of services within an area: (a) Police protection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls. (b) Fire protection and suppression services, and ambulance and paramedic services. (c) Recreation program services, library services, maintenance services for elementary and secondary schoolsites and structures, and the operation and maintenance of museums and cultural facilities. A special tax may be levied for any of the services specified in this subdivision only upon approval of the registered voters as specified in subdivision (b) of Section 53326. An election to enact a special tax for recreation program services, library services, and the operation and maintenance of museums and cultural facilities may be conducted pursuant to subdivision (c) of Section 53326. (d) Maintenance and lighting of parks, parkways, streets, roads, and open space. (e) Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, plowing and removal of snow, and sandstorm protection systems. (f) Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. As used in this subdivision, the terms “remedial action” and “removal” shall have the meanings set forth in Sections 78125 and 78135, respectively, of the Health and Safety Code, and the term “hazardous substance” shall have the meaning set forth in Section 25281 of the Health and Safety Code. Community facilities districts shall provide the State Department of Health Care Services and local health and building departments with notification of any cleanup activity pursuant to this subdivision at least 30 days prior to commencement of the activity. (g) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2. A community facilities district tax approved by vote of the landowners of the district may only finance the services authorized in this section to the extent that they are in addition to those provided in the territory of the district before the district was created. The additional services shall not supplant services already available within that territory when the district was created. Bonds shall not be issued pursuant to this chapter to fund any of the services specified in this section, although bonds may be issued to fund capital facilities to be used in providing these services. (Amended by Stats. 2022, Ch. 258, Sec. 20. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  93. 53313.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If a capital facility is provided under this chapter, the same purpose cannot be charged again through a duplicate levy, impact fee, or other exaction under Section 66477.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.1. To the extent that any capital facility is provided under this chapter, a duplicate levy, impact fee, or other exaction may not be required for the same purpose under Section 66477. (Added by renumbering Section 53313.8 (as added by Stats. 1982, Ch. 1451) by Stats. 1992, Ch. 427, Sec. 64. Effective January 1, 1993.)
  94. 53313.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Some territory in certain school-facilities community districts is exempt from specified fees and related requirements for a limited time.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.4. Any territory within a community facilities district established for the acquisition or improvement of school facilities for a school district shall be exempt from any fee, increase in any fee other than a cost-of-living increase as authorized by law, or other requirement first levied, increased, or imposed pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code or under Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7, by or to benefit any other school district, except as otherwise negotiated between the school districts. That exemption shall apply until a date 10 years following the most recent issuance of bonds by the community facilities district or, if no bonds have ever been issued by the community facilities district, a date 10 years following the formation of the community facilities district. (Amended by Stats. 2007, Ch. 670, Sec. 56. Effective January 1, 2008.)
  95. 53313.51.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A legislative body may make agreements for constructing and buying facility segments or phases, but the agreement must include specified identification, pricing, construction, inspection, payment, and transfer procedures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.51. The legislative body may enter into an agreement for the construction of discrete portions or phases of facilities to be constructed and purchased consistent with Section 53313.5. The agreement may include any provisions that the legislative body determines are necessary or convenient, but shall do all of the following: (a) Identify the specific facilities or discrete portions or phases of facilities to be constructed and purchased. The legislative body may agree to purchase discrete portions or phases of facilities if the portions or phases are capable of serviceable use as determined by the legislative body. (b) Notwithstanding subdivision (a), when the purchase value of a facility exceeds one million dollars ($1,000,000), the legislative body may agree to purchase discrete portions or phases of the partially completed project. (c) Identify procedures to ensure that the facilities are constructed pursuant to plans, standards, specifications, and other requirements as determined by the legislative body. (d) Specify a price or a method to determine a price for each facility or discrete portion or phase of a facility. The price may include an amount reflecting the interim cost of financing cash payments that must be made during construction of the project, at the discretion of the legislative body. (e) Specify procedures for final inspection and approval of facilities or discrete portions of facilities, for approval of payment, and for acceptance and conveyance or dedication of the facilities to the local agency. (Added by Stats. 2003, Ch. 55, Sec. 2. Effective January 1, 2004.)
  96. 53313.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may adjust ad valorem property taxes in a community facilities district only after making two required findings at the public hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.6. The legislative body may provide for adjustments in ad valorem property taxes pursuant to Section 53313.7 within a community facilities district only after making both of the following findings at the conclusion of the public hearing held pursuant to Article 2 (commencing with Section 53318): (a) That an ad valorem property tax is, or will be, levied on property within a proposed community facilities district for the exclusive purpose of making lease payments on an existing lease or paying principal or interest on outstanding bonds or other existing indebtedness, including state school building loans, incurred to finance construction of capital facilities. (b) That capital facilities to be financed by the community facilities district will provide the same services to the territory of the community facilities district as were provided by the capital facilities mentioned in subdivision (a). (Amended by Stats. 2007, Ch. 670, Sec. 58. Effective January 1, 2008.)
  97. 53313.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may, by ordinance and with required concurrence, freeze ad valorem property tax revenue for a community facilities district, and later end that freeze if the related special tax stops being levied and collected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.7. (a) Upon making the findings pursuant to Section 53313.6, the legislative body may, with the concurrence of the legislative body which levied the property tax described in subdivision (a) of Section 53313.6, by ordinance, determine that the total annual amount of ad valorem property tax revenue due from parcels within the proposed community facilities district, for purposes of paying principal and interest on the debt identified in Section 53313.6, shall not be increased after the date on which the resolution of formation for the community facilities district is adopted, or after a later date determined by the legislative body creating the community facilities district with the concurrence of the legislative body which levied the property tax in question. (b) The legislative body may, by ordinance, with the concurrence of the legislative body that levied the property tax described in subdivision (a) of Section 53313.6, determine to cease and eliminate the freeze on property tax revenue established pursuant to subdivision (a), upon determining that the community facilities district’s special tax or portion thereof levied on the parcels in question to pay for the capital facilities specified in subdivision (b) of Section 53313.6 shall cease to be levied and collected. (Amended by Stats. 1993, Ch. 1193, Sec. 3. Effective January 1, 1994.)
  98. 53313.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The State Allocation Board may share some or all of the cost of school facilities financed by a community facilities district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53313.9. (a) All or any part of the cost of any school facilities financed by a community facilities district may be shared by the State Allocation Board pursuant to Section 17718.5 of the Education Code. (b) If the State Allocation Board shares in any part of the cost of the school facilities, the ownership of those facilities and the real property upon which the facilities are located shall be held as provided in the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of the Education Code). (c) The resolutions of intention, formation, consideration, and to incur bonded indebtedness, adopted pursuant to subdivision (b) of Section 53338 or Sections 53321, 53325.1, 53334, 53339.2, 53345, and 53351 may provide for cost sharing by the State Allocation Board and for appropriate adjustment of the principal amount of any bond issue or issues and of the rate and method of apportionment of any special tax. (Amended by Stats. 2007, Ch. 670, Sec. 60. Effective January 1, 2008.)
  99. 53314.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may transfer money to a community facilities district or improvement area and may use it for certain currently payable expenses before the stated tax date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314. The legislative body may from time to time transfer moneys to a community facilities district or to an improvement area within a community facilities district, for the benefit of the district or improvement area, from any funds available to the legislative body. Any moneys so transferred may be used for the payment of any currently payable expenses incurred by reason of the construction or acquisition of any facilities or provision of any authorized services within the district or improvement area prior to December 1 of the first fiscal year in which a special tax may be levied for the facilities or services within the district or improvement area. The rate of interest earned by the investment of those moneys shall be determined by the legislative body. (Amended by Stats. 1991, Ch. 1110, Sec. 4.)
  100. 53314.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body must include enough in the levy to repay transferred amounts, and may extend repayment up to three consecutive years by timely resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.3. In the first fiscal year in which a special tax or charge is levied for any facility or for any services in a community facilities district or a zone within a community facilities district, the legislative body shall include in the levy a sum sufficient to repay to the legislative body the amounts transferred to that district or zone pursuant to Section 53314. The amounts borrowed, with interest, shall be retransferred to the proper fund or funds from the first available receipts from the special levy in that district or zone. Notwithstanding the above provisions, the legislative body may, by a resolution adopted no later than the time of the first levy, extend the repayment of the transferred funds over a period of time not to exceed three consecutive years, in which event the levy and each subsequent levy shall include a sum sufficient to repay the amount specified by the legislative body for the year of the levy. (Amended by Stats. 1987, Ch. 1440, Sec. 2.)
  101. 53314.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may put available money into a revolving fund for community facilities, but the fund must be repaid from district revenues and no money may be paid out until the repayment method and a repayment term of no more than five years are set by resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.5. Pursuant to a resolution adopted by the legislative body, the legislative body may appropriate any of its available moneys to a revolving fund to be used for the acquisition of real or personal property, engineering services, or the construction of structures or improvements needed in whole or in part to provide one or more of the facilities of a community facilities district. The revolving fund shall be reimbursed from tax revenues or other moneys available from the facilities district, and no sums shall be disbursed from the fund until the legislative body has, by resolution, established the method by, and term not exceeding five years within, which the community facilities district is to reimburse the fund. The district shall reimburse the fund for any amount disbursed to the area within five years after such disbursement, together with interest at the current rate per annum received on similar types of investments by the legislative body as determined by the local agency’s treasurer. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  102. 53314.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may create a revolving fund for certain service and facility financing, and money in that fund must be used only for the related costs unless subdivision (b) applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.6. (a) In connection with the financing of services and facilities pursuant to subdivision (f) of Section 53313 and subdivision (k) of Section 53313.5, the legislative body may establish a revolving fund to be kept in the treasury of the district. Except as provided in subdivision (b), moneys in the revolving fund shall be expended solely for the payment of costs with respect to those services and facilities. The revolving fund may be funded from time to time with moneys derived from any of the following: (1) Proceeds of the sale of bonds issued pursuant to Article 5 (commencing with Section 53345), notwithstanding any limitation contained in Section 53345.3. (2) Any taxes or charges authorized under this chapter. (3) Any other lawful source. (b) Subject to the provisions of any resolution, trust agreement or indenture providing for the issuance of district bonds for the purposes set forth in subdivision (k) of Section 53313.5, the legislative body may withdraw money from the revolving fund whenever and to the extent that it finds that the amount of money therein exceeds the amount necessary to accomplish the purposes for which the revolving fund was established. Any moneys withdrawn from the revolving fund shall be used to redeem bonds of the district issued for the purposes set forth in subdivision (k) of Section 53313.5 or shall be paid to taxpayers in the district in amounts that the legislative body determines. (Amended by Stats. 2007, Ch. 670, Sec. 61. Effective January 1, 2008.)
  103. 53314.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Responsible parties must pay cleanup costs to the district, including interest, and the district must recover and deposit payments as specified.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.7. (a) Any responsible party as defined by subdivision (a) of Section 78145 of the Health and Safety Code shall be liable to the district for the costs incurred in the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. The amount of the costs shall include interest on the costs accrued from the date of expenditure. The interest shall be calculated based on the average annual rate of return on the district’s investment of surplus funds for the fiscal year in which the district incurred the costs. Recovery of costs by a community facilities district under this section shall be commenced before or immediately upon completion of the removal or remedial action, and payments received hereunder by the district shall be deposited in the revolving fund in accordance with Section 53314.6. (b) To expedite cleanup, this section is intended to provide local jurisdictions an alternative method of financing the cost of removal or remedial action for the cleanup of any hazardous substance through the issuance of voter-approved limited obligation bonds. The provisions of this section shall not affect or limit the provisions of any other law establishing the liability of any person for, or otherwise regulating, the generation, transportation, storage, treatment, or disposal of hazardous substances. The scope and standard of liability for any costs recoverable pursuant to Section 53314.7 shall be the scope and standard of liability set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 6901 et seq.), or any other provision of state or federal law establishing responsibility for cleanup of hazardous waste sites. (Amended by Stats. 2022, Ch. 258, Sec. 23. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  104. 53314.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A legislative body may allow a local agency, by ordinance, to contribute specified revenue amounts for certain facility, property, service, and related expense purposes, and the contribution is not treated as agency debt or liability.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.8. At any time either before or after the formation of the district, the legislative body may provide, by ordinance, that for a period specified in the ordinance, the local agency may contribute, from any source of revenue not otherwise prohibited by law, any specified amount, portion, or percentage of the revenues for the purposes set forth in the ordinance, limited to the following: the acquisition or construction of a facility, the acquisition of interest in real property, or the payment of debt service with respect to the financing of either, the provision of authorized services, and the payment of expenses incidental thereto. The contribution shall not constitute an indebtedness or liability of the local agency. (Amended by Stats. 1991, Ch. 1110, Sec. 5.)
  105. 53314.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may accept advances of funds or work in kind and may use a resolution to authorize their use or repayment, subject to listed conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53314.9. (a) Notwithstanding Section 53313.5, at any time either before or after the formation of the district, the legislative body may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a district. The legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds or work in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work in-kind, as determined by the legislative body, with or without interest, under all of the following conditions: (1) The proposal to repay the funds or the value or cost of the work in-kind, whichever is less, is included both in the resolution of intention to establish a district adopted pursuant to Section 53321 and in the resolution of formation to establish the district adopted pursuant to Section 53325.1, or in the resolution of consideration to alter the types of public facilities and services provided within an established district adopted pursuant to Section 53334. (2) Any proposed special tax or change in a special tax is approved by the qualified electors of the district pursuant to this chapter. Any agreement shall specify that if the qualified electors of the district do not approve the proposed special tax or change in a special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds. (3) Any work in-kind accepted pursuant to this section shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the local agency. (b) The agreement shall not constitute a debt or liability of the local agency. (Amended by Stats. 1987, Ch. 1440, Sec. 2.5.)
  106. 53315.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This chapter must be read broadly, and minor procedural errors do not invalidate actions or levies unless they directly affect the legislative body’s jurisdiction to order the facility or service.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53315. This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the legislative body to order the installation of the facility or the provision of service, shall void or invalidate such proceeding or any levy for the costs of such facility or service. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  107. 53315.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If a person does not receive a notice, resolution, order, or other matter, that does not invalidate the proceedings or stop the legislative body from continuing with a noticed hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53315.3. The failure of any person to receive a notice, resolution, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, or prevent the legislative body from proceeding with any hearing so noticed. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  108. 53315.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If a proceeding under this chapter is started by a non-city and non-county legislative body, that body must send a copy of the resolution of intention to the city legislative body or the county legislative body, depending on where the land is located.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53315.6. When any proceeding is initiated under this chapter by a legislative body other than that of a city or county, a copy of the resolution of intention shall be transmitted to the legislative body of the city, where the land to be assessed lies within the corporate limits of any city, or of the county, where the land to be assessed lies within an unincorporated territory. (Added by Stats. 1987, Ch. 1440, Sec. 3.)
  109. 53315.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A county may not form a district inside a city’s territorial jurisdiction unless the city’s legislative body consents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53315.8. A county may not form a district within the territorial jurisdiction of a city without the consent of the legislative body of the city. (Added by Stats. 1987, Ch. 1440, Sec. 3.1.)
  110. 53316.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    This section gives local agencies power to create community facilities districts and sets conditions for annexation-related proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53316. This chapter applies to all local agencies insofar as those entities have the power to install or contribute revenue for any of the facilities or provide or contribute revenue for any of the services authorized under this chapter. This chapter authorizes local agencies to create community facilities districts pursuant to this chapter within their territorial limits. A local agency may initiate proceedings pursuant to Section 53318 to include territory proposed for annexation to the local agency within a community facilities district if a petition or resolution of application for the annexation of the territory to the local agency has been accepted for filing and a certificate of filing has been issued by the executive officer of the local agency formation commission at the time the proceedings to create the district are initiated. Those proceedings may be completed only if the annexation of the territory to the local agency is completed. The officers of local agencies who have similar powers and duties, as determined by the legislative body of the local agency, as the municipal officers referred to in this chapter shall have the powers and duties given by this chapter to the municipal officials. Where no similar officer exists, the legislative body of the local agency shall, by resolution, appoint a person or designate an officer to perform the duties under this chapter. Any local agency that has no authority to enact an ordinance under other laws may, for purposes of this chapter, enact an ordinance in substantially the same manner as provided for the enactment of a city ordinance in Chapter 2 (commencing with Section 36900) of Part 2 of Division 3 of Title 4. (Amended by Stats. 1988, Ch. 1365, Sec. 5.)
  111. 53316.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    This section lets a community facilities district finance facilities or services for another public agency only through the required joint agreement, and it limits which local agency may take primary responsibility for district formation and related changes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53316.2. (a) A community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the district, or services to be provided by a public agency other than the agency that created the district, or any combination, only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to this section. A joint community facilities agreement or a joint exercise of powers agreement with a state or federal agency shall not be required if the local agency that created the district is the agency that would, in the absence of the district, enter into an agreement with the state or federal agency for the provision of the facilities or services, or if the local agency that created the district enters into a joint agreement with the public agency that would, in the absence of the district, enter into an agreement with the state or federal agency for the provision of the facilities or services. (b) At any time prior to the adoption of the resolution of formation creating a community facilities district or a resolution of change to alter a district, or a resolution or resolutions authorizing issuance of bonds pursuant to Section 53356, the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to this section and Sections 53316.4 and 53316.6 or into a joint exercise of powers agreement pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) to exercise any power authorized by this chapter with respect to the community facilities district being created or changed if the legislative body of each entity adopts a resolution declaring that the joint agreement would be beneficial to the residents of that entity. This subdivision shall not be construed to limit the ability of a joint powers authority created pursuant to the Joint Exercise of Powers Act to exercise the powers authorized by the Joint Exercise of Powers Act. (c) Notwithstanding the Joint Exercise of Powers Act, a contracting party may use the proceeds of any special tax or charge levied pursuant to this chapter or, in the case of facilities, of any bonds or other indebtedness issued pursuant to this chapter to provide facilities or services which that contracting party is otherwise authorized by law to provide, even though another contracting party does not have the power to provide those facilities or services. (d) Notwithstanding subdivision (b), nothing in this section shall prevent entry into or amendment of a joint community facilities agreement or a joint exercise of powers agreement at any time, if the new agreement or amendment is necessary, as determined by the legislative body, for either of the following reasons: (1) To allow an orderly transition of governmental facilities and finances in the case of any change in governmental organization approved pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) or other law governing the reorganization of any agency that is a party to the agreement. (2) To allow participation in the agreement by a state or federal agency, including, but not limited to, the California Department of Transportation. Participation in an agreement by a state or federal agency is purely optional. (e) Notwithstanding any other provision of this chapter, no local agency that is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility for formation of a district, or for an extension of authorized facilities and services or a change in special taxes pursuant to Article 3 (commencing with Section 53330), unless that local agency is one or more of the following: (1) A city, a county, or a city and county. (2) An agency created pursuant to a joint powers agreement that is separate from the parties to the agreement, is responsible for the administration of the agreement, and is subject to the notification requirement of Section 6503.5. (3) An agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the district or districts created or changed pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency. (Amended by Stats. 2013, Ch. 219, Sec. 3. (SB 692) Effective January 1, 2014.)
  112. 53316.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    An agreement under Section 53316.2 must describe the facilities and services to be provided, and any real or tangible property to be purchased, constructed, expanded, or rehabilitated.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53316.4. The agreement entered into pursuant to Section 53316.2 shall contain a description of the facilities and services to be provided under the agreement, and any real or tangible property which is to be purchased, constructed, expanded, or rehabilitated. (Added by Stats. 1984, Ch. 269, Sec. 6. Effective July 3, 1984.)
  113. 53316.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    An agreement under Section 53316.2 may divide responsibility for facilities or services, and it must allocate and distribute special tax levy proceeds among the parties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53316.6. The agreement entered into pursuant to Section 53316.2 may provide for the division of responsibility to provide any of the facilities or services among the entities entering into the agreement. The agreement shall provide for the allocation and distribution of the proceeds of any special tax levy among the parties to the agreement. (Added by Stats. 1984, Ch. 269, Sec. 7. Effective July 3, 1984.)
  114. 53317.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    This section defines key terms used in the chapter and says those definitions control unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53317. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Clerk” means the clerk of the legislative body of a local agency. (b) “Community facilities district” means a legally constituted governmental entity established pursuant to this chapter for the sole purpose of financing facilities and services. (c) “Cost” means the expense of constructing or purchasing the public facility and of related land, right-of-way, easements, including incidental expenses, and the cost of providing authorized services, including incidental expenses. (d) “Debt” means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts. (e) “Incidental expense” includes all of the following: (1) The cost of planning and designing public facilities to be financed pursuant to this chapter, including the cost of environmental evaluations of those facilities. (2) The costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district. (3) Any other expenses incidental to the construction, completion, and inspection of the authorized work. (f) “Landowner” or “owner of land” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of the land by the legislative body. The legislative body has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purposes of this chapter. A public agency is not a landowner or owner of land for purposes of this chapter, unless one of the following exists: (1) The land owned by a public agency would be subject to a special tax pursuant to Section 53340.1. (2) The public agency has acquired the property by purchase or negotiation in connection with foreclosure of a special tax lien and it is intended that the property will be transferred to private ownership. (3) The public agency states in the proceedings that its land is intended to be transferred to private ownership and provides in the proceedings that its land will be subject to the special tax on the same basis as private property within the district and affirmatively waives any defense based on the fact of public ownership, to any action to foreclose on the property in the event of nonpayment of the special tax. (4) The land owned by a public agency is within the territory of a military base that is closed or is being closed. (g) “Legislative body” means the legislative body or governing board of any local agency. (h) “Local agency” means any city or county, whether general law or chartered, special district, school district, joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, redevelopment agency, or any other municipal corporation, district, or political subdivision of the state. (i) “Rate” means a single rate of tax or a schedule of rates. (j) “Services” means the provision of categories of services identified in Section 53313. “Services” includes the performance by employees of functions, operations, maintenance, and repair activities. “Services” does not include activities or facilities identified in Section 53313.5. “Maintenance” shall include replacement, and the creation and funding of a reserve fund to pay for a replacement. (Amended by Stats. 2013, Ch. 219, Sec. 4. (SB 692) Effective January 1, 2014.)
  115. 53317.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A special tax can keep applying to property acquired by a public entity in a negotiated purchase, gift, or devise, and the local agency’s legislative body may set prepayment conditions if bondholders are fully protected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53317.3. If property not otherwise exempt from a special tax levied pursuant to this chapter is acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall, notwithstanding Section 53340, continue to be levied on the property acquired and shall be enforceable against the public entity that acquired the property. However, even if the resolution of formation that authorized creation of the district did not specify conditions under which the obligation to pay a special tax may be prepaid and permanently satisfied, the legislative body of the local agency that created the district may specify conditions under which the public agency that acquires the property may prepay and satisfy the obligation to pay the tax. The conditions may be specified only if the local agency that created the district finds and determines that the prepayment arrangement will fully protect the interests of the owners of the district’s bonds. (Amended by Stats. 1991, Ch. 1110, Sec. 6.5.)
  116. 53317.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    When a public entity acquires property by eminent domain, the special tax obligation is treated like a special annual assessment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 1. General Provisions [53311 - 53317.5] ( Article 1 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53317.5. If property subject to a special tax levied pursuant to this chapter is acquired by a public entity through eminent domain proceedings, the obligation to pay the special tax shall be treated, pursuant to Section 1265.250 of the Code of Civil Procedure, as if it were a special annual assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal and interest on any indebtedness incurred by the district prior to the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code shall be treated the same as a fixed lien special assessment. (Added by Stats. 1986, Ch. 1102, Sec. 11. Effective September 24, 1986.)
  117. 53318.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may start proceedings to create a community facilities district on its own, and must do so when specified requests or petitions are filed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53318. Proceedings for the establishment of a community facilities district may be instituted by the legislative body on its own initiative and shall be instituted by the legislative body when any of the following occurs: (a) A written request for the establishment of a district, signed by two members of the legislative body, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the district, is filed with the legislative body. (b) A petition requesting the institution of the proceedings signed by the requisite number of registered voters, as specified in subdivision (d) of Section 53319, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the district, is filed with the clerk of the legislative body. The petition may consist of any number of separate instruments, each of which shall comply with all of the requirements of the petition, except as to the number of signatures. (c) A petition requesting the institution of the proceedings signed by landowners owning the requisite portion of the area of the proposed district, as specified in subdivision (d) of Section 53319, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the district, is filed with the clerk of the legislative body. (d) The written request filed pursuant to subdivision (a) and the petition filed pursuant to subdivision (b) are not required to be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving the request or petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a district pursuant to this chapter. A petition filed pursuant to subdivision (c) may not be acted upon until payment of a fee in an amount that the legislative body determines, within 45 days of receiving the petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a district pursuant to this chapter. (Amended by Stats. 2007, Ch. 670, Sec. 64. Effective January 1, 2008.)
  118. 53318.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A local agency formation commission may not review, approve, or disapprove proposals to create, annex territory to, or detach territory from a community facilities district under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53318.5. Notwithstanding any provision of Part 1 (commencing with Section 56000) of Division 3, a local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a community facilities district or a proposal to annex territory to, or detach territory from, such district, pursuant to this chapter. (Amended by Stats. 1991, Ch. 1110, Sec. 7.)
  119. 53319.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A petition to start proceedings for a community facilities district must request the legislative body to act, describe the district boundaries, state the facilities and services to be financed, and be signed by enough voters or landowners.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53319. A petition requesting the institution of proceedings for the establishment of a community facilities district shall do all of the following: (a) Request the legislative body to institute proceedings to establish a community facilities district pursuant to this chapter. (b) Describe the boundaries of the territory that is proposed for inclusion in the district. (c) State the type or types of facilities and services proposed to be financed by the district, which may include proposals for any additional information specified by Sections 53321, 53325.7, and 53345. (d) Be signed by not less than 10 percent of the registered voters residing within the territory proposed to be included within the district or by owners of not less than 10 percent of the area of land proposed to be included within the district and not proposed to be exempt from the special tax. If the legislative body finds that the petition is signed by the requisite number of registered voters residing within the territory proposed to be included within the district or by the requisite number of owners of land proposed to be included within the district, that finding shall be final and conclusive. (Amended by Stats. 2007, Ch. 670, Sec. 65. Effective January 1, 2008.)
  120. 53320.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body must adopt a resolution of intention to establish a community facilities district within 90 days after a qualifying request or petition is filed and any required fee is paid.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53320. Within 90 days after either a written request by two members of the legislative body or a petition requesting the institution of proceedings for the establishment of a community facilities district is filed with the legislative body and the payment of any fee required under subdivision (d) of Section 53318, the legislative body shall adopt a resolution of intention to establish a community facilities district in the form specified in Section 53321. (Amended by Stats. 2007, Ch. 670, Sec. 66. Effective January 1, 2008.)
  121. 53321.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A resolution to create a community facilities district must state the district’s boundaries, name, planned facilities and services, special tax details, hearing date and place, prior-indebtedness adjustments, and voting procedure.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53321. Proceedings for the establishment of a community facilities district shall be instituted by the adoption of a resolution of intention to establish the district which shall do all of the following: (a) State that a community facilities district is proposed to be established under the terms of this chapter and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the clerk, showing the proposed community facilities district. The boundaries of the territory proposed for inclusion in the district shall include the entirety of any parcel subject to taxation by the proposed district. (b) State the name proposed for the district in substantially the following form: “Community Facilities District No. ____.” (c) Describe the public facilities and services proposed to be financed by the district pursuant to this chapter. The description may be general and may include alternatives and options, but it shall be sufficiently informative to allow a taxpayer within the district to understand what the funds of the district may be used to finance. If the purchase of completed public facilities or the incurring of incidental expenses is proposed, the resolution shall identify those facilities or expenses. If facilities are proposed to be financed through any financing plan, including, but not limited to, any lease, lease-purchase, or installment-purchase arrangement, the resolution shall briefly describe the proposed arrangement. (d) State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities and services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the area. The resolution shall specify the rate, method of apportionment, and manner of collection of the special tax in sufficient detail to allow each landowner or resident within the proposed district to estimate the maximum amount that he or she will have to pay. The legislative body may specify conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. The legislative body may specify conditions under which the rate of the special tax may be permanently reduced in compliance with the provisions of Section 53313.9. In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, (1) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes, which amount shall not be increased over time except that it may be increased by an amount not to exceed 2 percent per year, (2) the resolution shall specify a tax year after which no further special tax subject to this sentence shall be levied or collected, except that a special tax that was lawfully levied in or before the final tax year and that remains delinquent may be collected in subsequent years, and (3) the resolution shall specify that under no circumstances will the special tax levied in any fiscal year against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the district by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. Nothing in this paragraph is intended to prohibit the legislative body from establishing different tax rates for different categories of residential property, or from changing the dollar amount of the special tax for the parcel if the size of the residence is increased or if the size or use of the parcel is changed. (e) Fix a time and place for a public hearing on the establishment of the district which shall be not less than 30 or more than 60 days after the adoption of the resolution. (f) Describe any adjustment in property taxation to pay prior indebtedness pursuant to Sections 53313.6 and 53313.7. (g) Describe the proposed voting procedure. The changes made to this section by Senate Bill 1464 of the 1991–92 Regular Session of the Legislature shall not apply to special taxes levied by districts for which a resolution of formation was adopted before January 1, 1993. (Amended by Stats. 2007, Ch. 670, Sec. 66.5. Effective January 1, 2008.)
  122. 53321.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    When a community facilities district is being proposed, the legislative body must have its officers study the district and file a report, and must estimate costs or address hazardous-substance cleanup planning when those issues are proposed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53321.5. At the time of the adoption of the resolution of intention to establish a community facilities district, the legislative body shall direct each of its officers who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing, file a report with the legislative body containing a brief description of the public facilities and services by type that will in the officer’s opinion be required to adequately meet the needs of the district and the officer’s estimate of the cost of providing those public facilities and services. If the purchase of completed public facilities or the payment of incidental expenses is proposed, the legislative body shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. If removal or remedial action for the cleanup of any hazardous substance is proposed, the legislative body shall (a) direct its responsible officer to prepare or cause to be prepared, a remedial action plan based upon factors comparable to those described in Section 79205 of the Health and Safety Code or (b) determine, on the basis of the particular facts and circumstances, that shall be comparable to those described in Section 79225 of the Health and Safety Code, that the remedial action plan is not required or (c) condition financing of the removal or remedial action upon approval of a remedial action plan pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 of the Health and Safety Code. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district. (Amended by Stats. 2022, Ch. 258, Sec. 24. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  123. 53322.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body’s clerk must publish a hearing notice in a newspaper in the proposed district area at least seven days before the hearing, and the notice must include specified information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53322. (a) The clerk of the legislative body shall publish a notice of the hearing pursuant to Section 6061 in a newspaper of general circulation published in the area of the proposed district. Publication shall be complete at least seven days prior to the date of the hearing. (b) The notice shall contain all of the following information: (1) The text or a summary of the resolution of intention to establish the district which may refer to documents on file in the office of the clerk for detail. (2) The time and place of the hearing on the establishment of the district. (3) A statement that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district, or the furnishing of specified types of public facilities or services will be heard. The notice shall also describe, in summary, the effect of protests made by registered voters or landowners against the establishment of the district, the extent of the district, the furnishing of a specified type of facilities or services, or a specified special tax, as provided in Section 53324. (4) A description of the proposed voting procedure. (Amended by Stats. 1991, Ch. 1110, Sec. 9.)
  124. 53322.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The clerk of the legislative body may send the hearing notice by first-class mail to each registered voter and landowner in the proposed district, and the mailed notice must include the same information as the published notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53322.4. The clerk of the legislative body may also give notice of the hearing by first-class mail to each registered voter and to each landowner within the proposed district. This notice shall contain the same information as is required to be contained in the notice published pursuant to Section 53322. (Amended by Stats. 2007, Ch. 670, Sec. 68. Effective January 1, 2008.)
  125. 53323.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Interested persons may make oral or written protests at the hearing, and written protests must be filed with the clerk if they are not personally presented.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53323. At the hearing, protests against the establishment of the district, the extent of the district, or the furnishing of specified types of public facilities or services within the district may be made orally or in writing by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. Any written protest not personally presented by the author of that protest at the hearing shall be filed with the clerk of the legislative body at or before the time fixed for the hearing. The legislative body may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (Amended by Stats. 2007, Ch. 670, Sec. 69. Effective January 1, 2008.)
  126. 53324.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If enough registered voters or landowners file written protests, the district formation or special tax process must stop for one year; if the protests only target certain facilities, services, or a special tax, those items must be removed from the formation resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53324. (a) If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified community facilities district or to authorize the specified special tax shall be taken for a period of one year from the date of the decision of the legislative body. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. (b) This section does not apply to the formation of a district pursuant to Section 53328.1. (Amended by Stats. 2011, Ch. 493, Sec. 2. (SB 555) Effective January 1, 2012.)
  127. 53325.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section lets the legislative body continue the hearing, but it must finish within 30 days unless extra time is justified, in which case it can run up to six months.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325. The hearing may be continued from time to time, but shall be completed within 30 days, except that if the legislative body finds that the complexity of the proposed district or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed six months. The legislative body may modify the resolution of intention by eliminating proposed facilities or services, or by changing the rate or method of apportionment of the proposed special tax so as to reduce the maximum special tax for all or a portion of the owners of property within the proposed district, or by removing territory from the proposed district. Any modifications shall be made by action of the legislative body at the public hearing. If the legislative body proposes to modify the resolution of intention in a way that will increase the probable special tax to be paid by the owner of any lot or parcel, it shall direct that a report be prepared that includes a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of lots or parcels in the district, and shall receive and consider the report before approving the modifications or any resolution of formation that includes those modifications. The legislative body shall not modify the resolution of intention to increase the maximum special tax or to add territory to the proposed district. At the conclusion of the hearing, the legislative body may abandon the proposed establishment of the community facilities district or may, after passing upon all protests, determine to proceed with establishing the district. (Amended by Stats. 2007, Ch. 670, Sec. 71. Effective January 1, 2008.)
  128. 53325.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If the legislative body decides to create the district, it must adopt a resolution of formation with specified contents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325.1. (a) If the legislative body determines to establish the district, it shall adopt a resolution of formation establishing the district. The resolution of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in Section 53321. If a special tax is proposed to be levied in the district to pay for any facilities or services and the special tax has not been eliminated by majority protest pursuant to Section 53324, the resolution shall: (1) State that the proposed special tax to be levied within the district has not been precluded by majority protest pursuant to Section 53324. (2) Identify any facilities or services proposed to be funded with the special tax. (3) Set forth the name, address, and telephone number of the office, department, or bureau that will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2. (4) State that upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien 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 collection of the tax by the legislative body ceases. (5) Set forth the county of recordation and the recording instrument number or the book and page in the Book of Maps of Assessments and Community Facilities Districts in the county recorder’s office where the boundary map of the proposed community facilities district has been recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code. (b) In the resolution of formation adopted pursuant to subdivision (a), the legislative body shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the legislative body determines that all proceedings were valid and in conformity with the requirements of this chapter, it shall make a finding to that effect and that finding shall be final and conclusive. (Amended by Stats. 2022, Ch. 427, Sec. 6. (SB 1489) Effective January 1, 2023.)
  129. 53325.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A tax under this chapter counts as a special tax, not a special assessment, and it does not have to be apportioned by property benefit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325.3. A tax imposed pursuant to this chapter is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property. However, a special tax levied pursuant to this chapter may be on or based on a benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or some other reasonable basis as determined by the legislative body. (Amended by Stats. 1996, Ch. 1161, Sec. 2. Effective January 1, 1997.)
  130. 53325.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A community facilities district may include noncontiguous areas, and the legislative body may set district boundaries to include less territory than the hearing notice described, but not more.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325.5. (a) A community facilities district may include areas of territory that are not contiguous. (b) In establishing the boundaries of the district, the legislative body may alter the exterior boundaries of the district to include less territory than that described in the notice of the hearing but it may not include any territory not described in the notice of the hearing. (Amended by Stats. 1984, Ch. 269, Sec. 16.5. Effective July 3, 1984.)
  131. 53325.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Certain agricultural, timber, or livestock land may be included in a community facilities district only if it is contiguous and the legislative body finds it will benefit from the proposed facilities and services; owner-requested inclusion is also allowed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325.6. Land devoted primarily to agricultural, timber, or livestock uses and being used for the commercial production of agricultural, timber, or livestock products may be included in a community facilities district only if such land is contiguous to other land which is included within the described exterior boundaries of the community facilities district, and only if the legislative body finds that the land will be benefited by any of the types of public facilities and services proposed to be provided within the district. The land may, however, be included in the community facilities district, if the owner requests its inclusion. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  132. 53325.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may submit a proposition to voters to set or change a community facilities district’s appropriations limit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53325.7. The legislative body may submit a proposition to establish or change the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a community facilities district to the qualified electors of a proposed or established district. The proposition establishing or changing the appropriations limit shall become effective if approved by the qualified electors voting on the proposition and shall be adjusted for changes in the per capita personal income in the state and changes in populations, as defined by subdivisions (b) and (c) of Section 7901, except that the change in population may be estimated by the legislative body in the absence of an estimate by the Department of Finance, and in accordance with Section 1 of Article XIII B of the California Constitution. For purposes of adjusting for changes in population, the population of the district shall be deemed to be at least one person during each calendar year. (Amended by Stats. 2007, Ch. 670, Sec. 73. Effective January 1, 2008.)
  133. 53326.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section sets deadlines and voting rules for an election on a community facilities district’s special tax levy, and requires the legislative body to provide election materials promptly.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53326. (a) The legislative body shall then submit the levy of any special taxes to the qualified electors of the proposed community facilities district or to the qualified electors of the territory to be annexed by the community facilities district in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the Elections Code, at least 90 days, but not more than 180 days, following the adoption of the resolution of formation. The legislative body shall provide the resolution of formation, the resolution deeming it necessary to incur bonded indebtedness, if one is adopted, a certified map of sufficient scale and clarity to show the boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election within three business days after the adoption of the resolution of formation. Assessor’s parcel numbers for the land within the district shall be included if it is a landowner election or the district does not conform to an existing district’s boundaries and if requested by the official conducting the election. If the election is to be held less than 125 days following the adoption of the resolution of formation, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this section or requirement pertaining to the conduct of the election, including any time limit or requirement applicable to any election conducted pursuant to Article 5 (commencing with Section 53345), may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official conducting the election. (b) Except as otherwise provided in subdivision (c), if at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within the territory of the proposed community facilities district for each of the 90 days preceding the close of the protest hearing, the vote shall be by the registered voters of the proposed district, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each person who is the owner of land at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district not exempt from the special tax. Ballots shall be executed by an owner of a parcel, or by a representative of an owner lawfully appointed to represent the owner for purposes of the election. Each person casting a ballot assigned to a parcel of property who is not the owner of that property must present written evidence to the local agency of that person’s authority to act for the owner for the election before casting the ballot. If more than one of the record owners of an identified parcel submits or wishes to submit a ballot, the votes attributable to the parcel shall be allocated to ballots for each owner in proportion to their respective record ownership interest, rounded to the nearest one-tenth of a vote, or, if the ownership interests are not shown on the record, as established to the satisfaction of the local agency, the votes attributable to the parcel shall be allocated according to the ownership interests shown by documentation submitted by those record owners. If no document is submitted, the votes shall be allocated equally among the parcel’s owners requesting ballots. If the appointment of the representative to cast the ballot was made as part of the transaction by which the current owners acquired the property, or if the appointment appoints a former owner, or anyone affiliated in any way with a former owner of the property, the written appointment must be signed by all of the owners, and include a statement signed by all of the owners substantially in the form contained in Section 53341.5. The appointment is not valid if the ballot measure seeks to authorize facilities, services, or special taxes in excess of those shown on the statement. The appointment of a representative to act for property for a single specified landowner election under this chapter shall not constitute a violation of any law prohibiting the impersonation of voters or the inducement to vote in a particular fashion. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. If the vote is by landowners pursuant to this subdivision, the legislative body shall determine that any facilities or services financed by the district are necessary to meet increased demands placed upon local agencies as the result of development or rehabilitation occurring in the district. (c) If the proposed special tax will not be apportioned in any tax year on any portion of property in residential use in that tax year, as determined by the legislative body, the legislative body may provide that the vote shall be by the landowners of the proposed district whose property would be subject to the tax if it were levied at the time of the election. Each of these landowners shall have one vote for each acre, or portion thereof, that the landowner owns within the proposed district that would be subject to the proposed tax if it were levied at the time of the election. (d) Ballots for the special election authorized by subdivision (a) may be distributed to qualified electors by mail with return postage prepaid or by personal service by the election official. The official conducting the election may certify the proper mailing of ballots by an affidavit, that shall constitute conclusive proof of mailing in the absence of fraud. The voted ballots shall be returned to the election officer conducting the election not later than the hour specified in the resolution calling the election. However, if all the qualified voters have voted, the election may be closed with the concurrence of the official conducting the election. (Amended by Stats. 2007, Ch. 670, Sec. 74. Effective January 1, 2008.)
  134. 53327.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section says elections for a community facilities district generally follow the local agency’s election laws, and in landowner elections the local agency may appoint an official to conduct the election and handle analysis and arguments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53327. (a) Except as otherwise provided in this chapter, the provisions of law regulating elections of the local agency that calls an election pursuant to this chapter, insofar as they may be applicable, shall govern all elections conducted pursuant to this chapter. Except as provided in subdivision (b), there shall be prepared and included in the ballot material provided to each voter an impartial analysis pursuant to Section 9160, 9280, or 9500 of the Elections Code, and arguments and rebuttals, if any, pursuant to Sections 9162 to 9167, inclusive, and 9190 of the Elections Code or pursuant to Sections 9281 to 9287, inclusive, and 9295 of the Elections Code, or pursuant to Sections 9501 to 9507, inclusive, of the Elections Code, or pursuant to other provisions of law applicable to other special districts as appropriate. (b) If the vote is to be by the landowners of the proposed district, analysis and arguments may be waived with the unanimous consent of all the landowners and shall be so stated in the order for the election. When the vote is to be by the landowners of the proposed district, the legislative body of the local agency may authorize an official of the local agency to conduct the election, including preparation of analysis and compilation of arguments. (Amended by Stats. 2007, Ch. 670, Sec. 75. Effective January 1, 2008.)
  135. 53327.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If a mail-ballot election is used, the election official must provide ballots, election materials, supplies, and instructions. Identification envelopes for mail ballots in landowner elections must include specified voter and landowner information and a notice about opening by the canvassing board.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53327.5. (a) If the election is to be conducted by mail ballot, the election official conducting the election shall provide ballots and election materials pursuant to subdivision (d) of Section 53326 and Section 53327, together with all supplies and instructions necessary for the use and return of the ballot. (b) The identification envelope for return of mail ballots used in landowner elections shall contain the following: (1) The name of the landowner. (2) The address of the landowner. (3) A declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope. (4) The printed name and signature of the voter. (5) The address of the voter. (6) The date of signing and place of execution of the declaration described in paragraph (3). (7) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (Amended by Stats. 1988, Ch. 1365, Sec. 8.)
  136. 53328.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may levy a special tax if the election results favor it by two-thirds, after the canvass of returns and within the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53328. After the canvass of returns of any election pursuant to Section 53326, the legislative body may, pursuant to Section 53340, levy any special tax as specified in the resolution of formation adopted pursuant to subdivision (a) of Section 53325.1 within the territory of the district if two-thirds of the votes cast upon the question of levying the tax are in favor of levying that tax. (Amended by Stats. 2007, Ch. 670, Sec. 76. Effective January 1, 2008.)
  137. 53328.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section lets a legislative body create a community facilities district for future annexation, but parcel annexation and related special taxes require unanimous owner approval.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53328.1. (a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions: (1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met: (A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses. (B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels. (2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. (3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district. (4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. (5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3. (b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district. (c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. (d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5. (e) (1) The legislative body shall comply with the requirements specified in Sections 5898.16 and 5898.17 of the Streets and Highways Code prior to the annexation of a parcel or parcels to a community facilities district formed pursuant to this section. (2) A parcel or parcels shall not be annexed to a community facilities district formed pursuant to this section if the parcel owner or owners are seeking financing for improvement on a residential property with four or fewer units, unless the parcel complies with the conditions specified in paragraphs (1) to (5), inclusive, and paragraph (8), and, in addition, for properties with energy efficiency improvements specified under subdivision (l) of Section 53313.5, paragraph (7), of subdivision (a) of Section 26063 of the Public Resources Code. (f) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. (g) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt. (Amended by Stats. 2016, Ch. 796, Sec. 1.5. (AB 2618) Effective January 1, 2017.)
  138. 53328.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If the legislative body approves levying the special tax by the required two-thirds vote, the clerk must record the special tax lien notice within the stated deadline.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53328.3. Upon a determination by the legislative body that the requisite two-thirds of votes cast in an election held pursuant to Section 53326 are in favor of levying the special tax, the clerk of the legislative body shall, within 15 days of a landowner election or within 90 days of a registered voter election, record the notice of special tax lien provided for in Section 3114.5 of the Streets and Highways Code, whereupon the lien of the special tax shall attach as provided in Section 3115.5 of the Streets and Highways Code. The notice of special tax lien shall be recorded in the office of the county recorder in each county that any portion of the district is located. (Amended by Stats. 2007, Ch. 670, Sec. 77. Effective January 1, 2008.)
  139. 53328.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    For certain pre-1989 approved special taxes, the legislative body may direct the clerk to file to impose a lien, the county recorder must accept the filings, and the recorder may charge a recording fee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53328.5. Division 4.5 (commencing with Section 3100) of the Streets and Highways Code applies with respect to any proceedings undertaken pursuant to this chapter. This chapter is a “principal act” as that term is defined in Section 3100 of the Streets and Highways Code. In all cases in which special taxes have been approved by the qualified electors pursuant to this chapter prior to January 1, 1989, the legislative body may direct the clerk of the legislative body to impose a lien for the special tax on nonexempt real property within the district by performing the filings required by Division 4.5 (commencing with Section 3100) of the Streets and Highways Code, and the county recorder shall accept those filings and may charge the clerk a fee for recording and indexing those documents pursuant to Section 3116 of the Streets and Highways Code. The failure of the clerk or recorder to perform the filings shall not subject the local agency or any of its officers or employees to civil liability. (Amended by Stats. 1991, Ch. 1110, Sec. 12.)
  140. 53329.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If a special tax measure fails to get two-thirds approval, the legislative body may not take further action to authorize that special tax for one year after the election.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53329. After the canvass of returns of any election conducted pursuant to Section 53326, the legislative body shall take no further action with respect to authorizing the specified special tax within the community facilities district for one year from the date of the election if the question of authorizing that specified special tax fails to receive approval by two-thirds of the votes cast upon the question. (Amended by Stats. 2007, Ch. 670, Sec. 78. Effective January 1, 2008.)
  141. 53329.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    Certain property owners may choose to do the work themselves instead of submitting sealed bids, and the legislative body may require the original bidder to be contracted if the owners miss the stated deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53329.5. (a) The owners of three-fourths of the area of lands taxed or liable to be taxed, or their agents (who shall declare under penalty of perjury that they are such owners or agents), shall not be required to present sealed proposals or bids when the legislative body calls for bids preparatory to letting a contract or contracts to do work financed pursuant to this chapter, but may, within 10 days after the publication of the notice of the award of the contract, elect to perform the work and enter into a written contract to do the whole work at prices not exceeding the prices specified in the bid of the bidder to whom the contract was awarded, and all work done under the contract shall be subject to any regulations as may be prescribed by the legislative body. (b) If the owners elect not to perform the work and not to enter into a written contract for that work within 10 days of publication of the notice of the award of the contract, or to commence the work within 15 days after the date of the written contract entered into between the owners and the legislative body, and to continue that work with diligence to completion, as determined by the legislative body, a contract shall be entered into by the legislative body with the original bidder to whom the contract was awarded at the prices specified in his or her bid. (c) If, in the opinion of the legislative body, the public interest will not be served by allowing the property owners to enter into a contract in accordance with subdivision (a), the legislative body may so provide in the resolution of intention adopted pursuant to Section 53321. (Added by Stats. 1986, Ch. 1102, Sec. 21. Effective September 24, 1986.)
  142. 53329.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    This section lets one or more property owners vote by unanimous approval on special taxes, bonded debt, an appropriations limit, and annexation to a district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 2. Proceedings to Create a Community Facilities District [53318 - 53329.6] ( Article 2 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53329.6. In order to reduce the procedural burdens on local agencies, this chapter establishes certain procedures by which one or more property owners may vote in favor of special taxes, bonded indebtedness, an appropriations limit, and annexation to a district by unanimous approval. The Legislature hereby finds and declares that any unanimous approval constitutes the vote of the qualified elector in favor of the matters addressed in the unanimous approval for purposes of the California Constitution, including, but not limited to, Articles XIII A and XIII C. (Added by Stats. 2011, Ch. 493, Sec. 4. (SB 555) Effective January 1, 2012.)
  143. 53330.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

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    A community facilities district may finance only the public facilities and services described in its resolution of formation, subject to this article’s exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53330. Upon the establishment of a community facilities district, only the public facilities and services as described in the resolution of formation may be financed by the district under the authority of this chapter, except as provided in this article. (Amended by Stats. 1992, Ch. 772, Sec. 5. Effective January 1, 1993.)
  144. 53330.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

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    Buyers or prospective buyers of certain completed residential structures cannot be pressured to waive petition rights or other rights under this article, and any such waiver cannot be enforced by contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53330.3. Under no circumstances shall any buyer or prospective buyer of any completed structure for which a certificate of occupancy for private residential use has been issued which is located within any district formed pursuant to this chapter be asked, required, or otherwise induced to waive any right to petition or to take any other action authorized pursuant to this article. No contract, agreement, or covenant shall be binding with respect to such a waiver. (Amended by Stats. 2007, Ch. 670, Sec. 79. Effective January 1, 2008.)
  145. 53330.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

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    A special tax may be levied and apportioned only as stated in the formation resolution, with limited exceptions, and it must stop when no longer needed for the chapter’s authorized debt or service costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53330.5. Upon approval of a special tax pursuant to Article 2 (commencing with Section 53318), the special tax may be levied only at the rate and may be apportioned only in the manner specified in the resolution of formation, except as provided in this article, and except that the legislative body may levy the special tax at a rate lower than that specified in the resolution. In addition, the special tax may be levied only so long as it is needed to pay the principal and interest on debt incurred in order to construct facilities under authority of this chapter, or so long as it is needed to pay the costs and incidental expenses of services or of the construction of facilities authorized by this chapter. When the legislative body determines that the special tax shall cease to be levied, the legislative body shall direct the clerk to record a Notice of Cessation of Special Tax that shall state that the obligation to pay the special tax has ceased and that the lien imposed by the Notice of Special Tax Lien recorded as recorder’s serial or document number ___ in the records of the County Recorder of ____ County, State of California, is extinguished. The Notice of Cessation of Special Tax shall additionally identify the recording instrument number or the book and page of the Book of Maps of Assessment and Community Facilities Districts wherein the map of the boundaries of the district is recorded. (Amended by Stats. 2022, Ch. 427, Sec. 7. (SB 1489) Effective January 1, 2023.)
  146. 53330.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

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    The legislative body may eliminate specified facilities or services after a public hearing, but it may not finance facilities or services that were not listed in the district’s resolution of formation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53330.7. Except as otherwise provided in this article, the legislative body may, at any time, after conducting a public hearing, eliminate one or more of the types of facilities and services specified in the resolution of formation of the district but may not finance any types of facilities and services that were not specified in the resolution of formation. (Amended by Stats. 2007, Ch. 670, Sec. 81. Effective January 1, 2008.)
  147. 53331.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    The legislative body may adopt a resolution of consideration to change financed facilities or services, levy a new special tax, or change the tax rate or method, but not if doing so would reduce or end a tax used to repay debt unless debt repayment would not be delayed. The resolution must include the information required by Section 53334.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53331. (a) If the legislative body determines that the public convenience and necessity require any change in the types of authorized public facilities or services which should be financed by an established community facilities district, that the rate or method of apportionment of a special tax should be changed, or that a new special tax should be proposed, the legislative body may adopt a resolution of consideration to alter the types of public facilities or services to be financed by the district, to levy a new special tax or special taxes, or, except as provided in subdivision (b), to alter the rate or method of apportionment of the special tax. Those proceedings may be commenced at any time. Section 53325.6 applies to any types of facilities or services proposed to be financed by the district. (b) The legislative body shall not adopt a resolution of consideration to reduce the rate of any special tax or terminate the levy of any special tax if the proceeds of that tax are being utilized to retire any debt incurred pursuant to this chapter unless the legislative body determines that the reduction or termination of that tax would not interfere with the timely retirement of that debt. (c) The resolution of consideration adopted pursuant to subdivision (a) shall contain all of the information required by subdivisions (a) to (e), inclusive, of Section 53334. (Amended by Stats. 1986, Ch. 1102, Sec. 24. Effective September 24, 1986.)
  148. 53331.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    The legislative body may use this article’s procedures to get authorization to accept bonds tendered for special taxes or at a foreclosure sale.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53331.5. In addition to the other changes that may be made pursuant to this article, the legislative body may use the procedures of this article to gain authorization to accept bonds tendered in payment of special taxes or at a foreclosure sale pursuant to Sections 53344.1 and 53356.8. (Added by Stats. 1997, Ch. 946, Sec. 1. Effective January 1, 1998.)
  149. 53332.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    If a qualifying petition is filed and the fee is paid, the legislative body must act within 40 days to adopt a resolution of consideration; it must also set a fee within 45 days after a landowner petition, and may do so after a voter petition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53332. (a) If a petition signed by 25 percent or more of the registered voters residing in the district, or by the owners of 25 percent or more of the land within the district not exempt from the special tax, is filed with the legislative body requesting that proceedings be commenced to change the types of public facilities or services financed by the district or that the rate or method of apportionment of an existing special tax be changed, or that territory to be removed from the district, or that a new special tax be levied, the legislative body shall within 40 days of the payment of the fee determined under subdivision (b) adopt a resolution of consideration in the form specified in Section 53334 to make those changes within the community facilities district except that an existing special tax being used to pay off any debt incurred under this chapter shall not be reduced or terminated if doing so would interfere with the timely retirement of that debt. (b) Upon receipt of any petition filed by landowners under this section, the legislative body shall, within 45 days, determine the amount of a fee sufficient to compensate the local agency for all costs incurred in conducting proceedings to change the district pursuant to this article. Upon receipt of any petition filed by registered voters under this section, the legislative body may determine the amount of a fee, within 45 days, sufficient to compensate the local agency for all costs incurred in conducting proceedings to change the district pursuant to this article. (Amended by Stats. 2007, Ch. 670, Sec. 82. Effective January 1, 2008.)
  150. 53333.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    The petition must ask the legislative body to start proceedings for specified changes to a named community facilities district, and it may be split into multiple instruments if each one otherwise meets petition requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53333. The petition shall request the legislative body to commence proceedings to make specified changes to a named community facilities district. The petition may consist of any number of separate instruments each of which shall comply with all the requirements of a petition except as to the number of signatures. (Amended by Stats. 1986, Ch. 1102, Sec. 26. Effective September 24, 1986.)
  151. 53334.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    A resolution of consideration for certain community facilities district changes must identify the area, describe the territory, specify the proposed facility/service and special tax changes, and set a hearing date and place.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53334. The resolution of consideration to alter the types of public facilities and services financed by an established community facilities district, or to levy a new special tax or special taxes, or to alter the rate or method of apportionment of an existing special tax, shall do all of the following: (a) State the name of the area. (b) Generally describe the territory included in the area. (c) Specify the changes in public facilities and services which it is proposed that the district finance. (d) Specify any new special taxes which would be levied to pay for new or existing facilities and services and any proposed alteration to the rate or method of apportionment of an existing special tax. (e) Fix a time and place for a hearing upon the resolution which shall not be less than 30 or more than 60 days after the adoption of the resolution of consideration. (Amended by Stats. 1986, Ch. 1102, Sec. 27. Effective September 24, 1986.)
  152. 53335.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    The clerk of the legislative body must give hearing notice in the same way and within the same time as notice for a hearing on a resolution of intention to establish a community facilities district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53335. The clerk of the legislative body shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a community facilities district. The notice shall do all of the following: (a) Contain the text or a summary of the resolution. (b) State the time and place for hearing. (c) State that at the hearing the testimony of all interested persons or taxpayers for or against the proposed changes in public facilities and services and the levying of additional special taxes or of changing existing special taxes will be heard. The notice shall also describe, in summary, the effect of protests made by registered voters or landowners against the proposed changes in facilities or services and the levying of additional taxes or changes in existing taxes. (d) Describe the proposed voting procedure. (Amended by Stats. 1992, Ch. 772, Sec. 6.5. Effective January 1, 1993.)
  153. 53336.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    At the hearing, interested persons may protest orally or in writing. Written protests about the regularity or sufficiency of the proceedings must be in writing, state the defects clearly, and if not presented in person at the hearing must be filed with the clerk by the hearing time. The legislative body may waive defects or correct minor procedural defects, and written protests may be withdrawn before the hearing ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53336. At the hearing, protests against the proposals described in the resolution may be made orally, or in writing by any interested persons. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests not personally presented by the author thereof at the hearing shall be filed with the clerk of the legislative body at or before the time fixed for the hearing. The legislative body may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (Amended by Stats. 2007, Ch. 670, Sec. 83. Effective January 1, 2008.)
  154. 53337.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    If enough qualified voters or landowners file written protests, the district must remove the proposed facility/service or special-tax changes from the resolution, and the changes cannot be included again for one year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53337. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the district, or the owners of one-half or more of the area of the land in the territory included in the district and not exempt from the special tax file written protests against changing the public facilities or services financed by the district, those changes in the facilities or services shall be eliminated from the resolution ordering changes in the types of public facilities or services to be financed and the changes shall not be included in a resolution for a period of one year from the date of the decision of the legislative body on the hearing. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the district, or the owners of one-half or more of the area of the land in the territory included in the district and not exempt from the special tax file written protests against the levying of any additional special taxes within the district, or against a proposed alteration to an existing special tax within the district, those changes shall be eliminated from the resolution and the changes shall not be included in a resolution for a period of one year from the date of the decision of the legislative body on the hearing. (Amended by Stats. 1988, Ch. 1365, Sec. 12.)
  155. 53338.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    This section lets the hearing be continued, but it generally must finish within 30 days unless extra time is justified. After the election canvass, the legislative body must adopt a resolution of change if the proposal gets two-thirds approval, and the clerk must record notice of the changes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53338. (a) The hearing may be continued from time to time, but shall be completed within 30 days, except that if the legislative body finds that the complexity of the proposed changes or the need for public participation requires additional time, the hearing may be continued from time to time for a period not to exceed six months. At the conclusion of the hearing the legislative body may abandon the proceedings or may, after passing upon all protests, submit the question of levying a new special tax or of changing the rate or method of apportionment of an existing special tax or of changing the types of facilities and services to be financed by the district, or any combination, to the qualified electors of the district as specified in Article 2 (commencing with Section 53318). (b) After the canvass of any election conducted pursuant to this section, the legislative body shall adopt a resolution of change determining that the proposed levy of a new special tax or of changes in the types of facilities and services to be financed by the district, or any combination, are lawfully authorized, if two-thirds of the votes cast on the proposition are in favor of the proposed levy or changes. (c) Upon adoption of a resolution of change, the clerk of the legislative body shall record notice of the changes pursuant to Section 3117.5 of the Streets and Highways Code. (Amended by Stats. 1993, Ch. 1193, Sec. 6. Effective January 1, 1994.)
  156. 53338.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. )

    Verify source ↗

    A legislative body may dissolve a Mello-Roos Community Facilities District by ordinance if the district has no outstanding debt and no authority to levy a special tax.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3. Extension of Authorized Facilities and Services and Changes in Special Taxes [53330 - 53338.5] ( Heading of Article 3 amended by Stats. 1984, Ch. 269, Sec. 22. ) ## 53338.5. The legislative body may, by ordinance, dissolve any existing Mello-Roos Community Facilities District which it has created upon making all of the following determinations: (a) That the district is not obligated to pay any outstanding debt. (b) That the district has no authorization to levy any special tax. Upon dissolving a district, the legislative body shall cause an addendum to be recorded to the Notice of Special Tax Lien recorded pursuant to Section 3114.5 of the Streets and Highways Code which shall state that the Community Facilities District and all associated liens, if any, have been dissolved. The local agency shall be liable for any outstanding debt discovered to exist after the dissolution of a district. (Added by Stats. 1988, Ch. 1365, Sec. 12.5.)
  157. 53339.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    A district’s legislative body may not adopt a resolution of intention for annexation if the territory lies outside the agency’s limits, unless annexation proceedings for that territory to the agency have already been started.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339. Territory may be annexed to an existing community facilities district as provided in this article. The annexed territory need not be contiguous to territory included in the existing community facilities district. The territory proposed to be annexed to the community facilities district may be territory located outside the territorial limits of the agency that formed the community facilities district provided that the territory to be annexed to the community facilities district will be annexed to the respective agency prior to, or concurrently with, the annexation of the subject territory to the community facilities district and, if the annexation of the subject territory to the respective agency is not completed, the subject territory shall not be annexed to the community facilities district. The legislative body of the agency that created the community facilities district shall not adopt a resolution of intention pursuant to Section 53339.2 if the territory proposed to be annexed includes territory that is outside the territorial limits of that agency unless an initial action, petition, or filing for the annexation of that territory to the respective agency has been adopted or filed, as appropriate. (Amended by Stats. 2007, Ch. 670, Sec. 84. Effective January 1, 2008.)
  158. 53339.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    The legislative body of the local agency may adopt a resolution of intention to annex territory, or to allow future annexation, if certain public-interest or voter/landowner-request conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.2. If the legislative body of the local agency that created a community facilities district determines that public convenience and necessity require that territory be added to the existing community facilities district, or if the voters residing within certain territory or landowners request the legislative body to include territory within the district, the legislative body may adopt a resolution of intention to annex the territory or to provide for future annexation of the territory. (Amended by Stats. 2007, Ch. 670, Sec. 85. Effective January 1, 2008.)
  159. 53339.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    The resolution of intention must include specified details about the district, the annexed territory, related public facilities and services, special taxes, and the hearing date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.3. The resolution of intention to annex the territory or to provide for future annexation of territory shall do all of the following: (a) State the name of the existing community facilities district. (b) Generally describe the territory included in the existing district and the territory proposed to be annexed. As an alternative, the resolution may identify territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. (c) Specify the types of public facilities and services provided pursuant to this chapter in the existing district and the types of public facilities and services to be provided in the territory proposed to be annexed or to be annexed in the future; and include a plan for sharing facilities and providing services that will be provided in common within the existing district and the territory proposed to be annexed or to be annexed in the future. (d) Specify any special taxes that would be levied within the territory proposed to be annexed or to be annexed in the future to pay for public facilities and services provided pursuant to this chapter within that territory. A special tax proposed to pay for services to be supplied within the territory proposed to be annexed or to be annexed in the future shall be equal to any special tax levied to pay for the same services in the existing district, except that a higher or lower tax may be levied within the territory proposed to be annexed or to be annexed in the future to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the existing district. A special tax proposed to pay for public facilities financed with bonds that have already been issued and that are secured by the existing community facilities district shall be the same as the tax levied in the existing district for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed or to be annexed in the future to compensate for the interest and principal previously paid by the existing community facilities district, less any depreciation allocable to the public facility. This section shall not be construed to limit the levy of a special tax within the territory to be annexed or to be annexed in the future to provide new or additional services beyond those supplied within the existing territory of the district, or to pay for new or additional public facilities, with or without bond financing. (e) Specify any alteration in the special tax rate to be levied within the existing community facilities district as a result of the proposed annexation. The maximum tax rate in the existing community facilities district may not be increased as a result of proceedings pursuant to this article. (f) Fix a time and place for a hearing upon the resolution that shall not be less than 30 nor more than 60 days after the adoption by the legislative body of the resolution of intention to annex territory or to provide for future annexation of territory pursuant to Section 53339.2. (Amended by Stats. 2007, Ch. 670, Sec. 86. Effective January 1, 2008.)
  160. 53339.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    The clerk of the legislative body must give hearing notice, and the notice must include the resolution text or summary, the hearing time and place, and a statement that interested persons may testify about annexation or special taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.4. The clerk of the legislative body shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a community facilities district, as required by Section 53322. Notice pursuant to Section 53322.4 may be mailed to the registered voters and landowners within the territory proposed to be annexed or proposed to be annexed in the future. The notice shall do all of the following: (a) Contain the text or a summary of the resolution. (b) State the time and place for the hearing. (c) State that at the hearing the testimony of all interested persons for or against the annexation of territory or the future annexation of territory to the community facilities district or the levying of special taxes within the territory proposed to be annexed or proposed to be annexed in the future will be heard. (Amended by Stats. 1991, Ch. 1110, Sec. 16.)
  161. 53339.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    At the hearing, interested persons may make protests orally or in writing, but protests about procedural regularity or sufficiency must be in writing and state the defects. Written protests must be filed with the clerk before the hearing time, and they may be withdrawn in writing before the hearing ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.5. At the hearing, protests against the proposals described in the resolution of intention may be made orally or in writing by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the clerk of the legislative body prior to the time fixed not personally presented by the author thereof at the hearing for the hearing. The legislative body may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (Amended by Stats. 2007, Ch. 670, Sec. 87. Effective January 1, 2008.)
  162. 53339.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    If enough registered voters or landowners file and maintain written protests, further annexation proceedings for that territory are barred for one year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.6. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the existing community facilities district, or if 50 percent or more of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation or proposed to be annexed in the future, or if the owners of one-half or more of the area of land in the territory included in the existing district and not exempt from special tax, or if the owners of one-half or more of the area of land in the territory proposed to be annexed or proposed to be annexed in the future and not exempt from the special tax, file written protests against the proposed annexation of territory to the existing community facilities district or the proposed addition of territory to the existing community facilities district in the future, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to annex the same territory, or to authorize the same territory to be annexed in the future, shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. (Amended by Stats. 2007, Ch. 670, Sec. 88. Effective January 1, 2008.)
  163. 53339.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    A hearing may be continued, but it must be completed within 30 days. After the hearing, the legislative body may abandon the proceedings, submit a special-tax question to the qualified electors, or provide for future annexation with unanimous parcel-owner approval and no additional hearings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.7. (a) The hearing may be continued from time to time, but shall be completed within 30 days. At the conclusion of the hearing, the legislative body may abandon the proceedings, may, after passing upon all protests, submit the question of levying a special tax within the area proposed to be annexed to the existing community facilities district to the qualified electors of the area proposed to be annexed as specified in Article 2 (commencing with Section 53318), or may provide for the annexation of territory proposed for annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings. (b) Notwithstanding any other provision of law, when the question of levying a special tax within the areas proposed to be annexed into an existing community facilities district appears on the same ballot as the question of annexation of the same territory to a local agency the effectiveness of each ballot measure may be made contingent on the passage of the other ballot measure. (Amended by Stats. 2007, Ch. 670, Sec. 89. Effective January 1, 2008.)
  164. 53339.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    After the election canvass, the legislative body must declare the annexed area part of the community facilities district, and the clerk must record notice of the annexation. The legislative body may also levy a special tax in the annexed territory if two-thirds of votes support that tax.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.8. (a) After the canvass of returns of any election conducted in accordance with Section 53339.7, the legislative body shall determine that the area proposed to be annexed is added to and part of the existing community facilities district with full legal effect, and the legislative body may levy any special tax within the annexed territory, as specified in the resolution of intention to annex adopted pursuant to Section 53339.2, and as specified in the ordinance adopted pursuant to Section 53340, if two-thirds of the votes cast on the proposition are in favor of levying the special tax. (b) Upon a determination by the legislative body that the area proposed to be annexed is added to the existing community facilities district, the clerk of the legislative body shall record notice of the annexation pursuant to Section 3117.5 of the Streets and Highways Code. (Amended by Stats. 2007, Ch. 670, Sec. 90. Effective January 1, 2008.)
  165. 53339.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. )

    Verify source ↗

    After the election canvass, the legislative body may not take further action to annex the territory for one year if fewer than two-thirds of votes support levying the special tax.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 3.5. Annexation of Territory [53339 - 53339.9] ( Article 3.5 added by Stats. 1984, Ch. 269, Sec. 25. ) ## 53339.9. After the canvass of returns of any election conducted in accordance with Section 53339.7, the legislative body shall take no further action on annexing the territory proposed to be annexed to the community facilities district for a period of one year from the date of the election if less than two-thirds of the votes cast on the proposition are in favor of levying the special tax. (Amended by Stats. 1987, Ch. 1440, Sec. 8.)
  166. 53340.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section lets a district’s legislative body levy and manage special taxes by ordinance or resolution, sets filing deadlines and collection rules, and specifies several exemptions and lien rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340. (a) After a community facilities district has been created and authorized to levy specified special taxes pursuant to Article 2 (commencing with Section 53318), Article 3 (commencing with Section 53330), or Article 3.5 (commencing with Section 53339), the legislative body may, by ordinance, levy the special taxes at the rate and apportion them in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318), Article 3 (commencing with Section 53330), or Article 3.5 (commencing with Section 53339). After creation of a community facilities district that includes territory proposed for annexation in the future by unanimous approval as described in subdivision (b) of Section 53339.3, the legislative body may, by ordinance, provide for the levy of special taxes on parcels that will be annexed to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. (b) The legislative body may provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by the ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year. The clerk or other official designated by the legislative body may file the certified list after the 10th of August but not later than the 21st of August if the clerk or other official obtains prior written consent of the county auditor. (c) Properties or entities of the state, federal, or local governments shall, except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317, or except as otherwise provided in Section 53317.3, be exempt from the special tax. In a community facilities district, or in an improvement area therein, in which the levy of a special tax is authorized by an ordinance adopted on or after January 1, 2020, a property receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall be exempt from the special tax unless debt is outstanding and the property was subject to the special tax prior to receiving the exemption, in which case the property shall remain subject to the special tax and the special tax shall be enforceable against the property. However, whether or not the resolution of formation that authorized creation of the district specified conditions under which the obligation to pay a special tax may be prepaid and permanently satisfied, the legislative body of the local agency that created the district may, by resolution, specify additional or different conditions under which the property receiving the welfare exemption may prepay and satisfy the obligation to pay the special tax. The conditions may be specified only if the legislative body of the local agency that created the district finds and determines that the prepayment arrangement will not, in and of itself, adversely affect the ability of the district to make scheduled payments on debt as such payments become due. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the resolution of formation to establish a district adopted pursuant to Section 53325.1 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 53334. (d) The proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services, and incidental expenses pursuant to this chapter. (e) The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the legislative body. (f) (1) Notwithstanding subdivision (e), the legislative body of the district may waive all or any specified portion of the delinquency penalties and redemption penalties if it makes all of the following determinations: (A) The waivers shall apply only to parcels delinquent at the time of the determination. (B) The waivers shall be available only with respect to parcels for which all past due and currently due special taxes and all other costs due are paid in full within a limited period of time specified in the determination. (C) The waivers shall be available only with respect to parcels sold or otherwise transferred to new owners unrelated to the owner responsible for the delinquency. (D) The waivers are in the best interest of the debtholders. (2) The charges with penalties to be waived shall be removed from the tax roll pursuant to Section 53356.2 and local administrative procedures, and any distributions made to the district prior to collection pursuant to Chapter 3 (commencing with Section 4701) of Part 8 of Division 1 of the Revenue and Taxation Code shall be repaid by the district prior to granting the waiver. (g) The tax collector may collect the special tax at intervals as specified in the resolution of formation, including intervals different from the intervals determining when the ordinary ad valorem property taxes are collected. The tax collector may deduct the reasonable administrative costs incurred in collecting the special tax. (h) All special taxes levied by a community facilities district shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of special taxes. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with Section 53344 or until the special tax ceases to be levied by the legislative body in the manner provided in Section 53330.5. If any portion of a parcel is encumbered by a lien pursuant to this chapter, the entirety of the parcel shall be encumbered by that lien. (Amended by Stats. 2020, Ch. 371, Sec. 17. (SB 1473) Effective January 1, 2021.)
  167. 53340.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If exempt public property is leased to a nonexempt person, the special tax applies to the leasehold interest and the leaseholder must pay it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340.1. (a) If a public agency owning property, including property held in trust for any beneficiary, which is exempt from a special tax pursuant to Section 53340 grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall, notwithstanding Section 53340, be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. (b) When entering into a lease or other written contract creating a possessory interest that may be subject to taxation, pursuant to subdivision (a), the public agency shall include, or cause to be included, in the contract a statement that the property interest may be subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract. The requirement of this subdivision shall not apply to leases entered into prior to January 1, 1988. (c) If the special tax on any possessory interest levied pursuant to subdivision (a) is unpaid when due, the tax collector may use those collection procedures which are available for the collection of assessments on the unsecured roll. (Added by Stats. 1987, Ch. 1440, Sec. 9.)
  168. 53340.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    The local agency must designate a responsible office to prepare special tax rolls, answer inquiries, and provide a Notice of Special Tax; it may charge up to $15 for the notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340.2. (a) The legislative body levying the special tax shall designate an office, department, or bureau of the local agency that shall be responsible for annually preparing the current roll of special tax levy obligations by assessor’s parcel number on nonexempt property within the district and that will be responsible for estimating future special tax levies. The designated office, department, or bureau shall be the same office, department, or bureau that prepares the “NOTICE OF ASSESSMENT” required by Section 53754. If notice is required under both this section and Section 53754, the notices shall, to the extent feasible, be combined into a single notice document. The designated office, department, or bureau shall establish procedures to promptly respond to inquiries concerning current and future estimated tax liability. Neither the designated office, department, or bureau, nor the legislative body, shall be liable if any estimate of future tax liability is inaccurate, nor for any failure of any seller to request a Notice of Special Tax or to provide the notice to a buyer. (b) For purposes of enabling sellers of real property subject to the levy of special taxes to satisfy the notice requirements of Section 1102.6b of the Civil Code, the designated office, department, or bureau shall furnish a Notice of Special Tax to any individual requesting the notice or any owner of property subject to a special tax levied by the local agency within five working days of receiving a request for the notice. The local agency may charge a fee for this service not to exceed fifteen dollars ($15). (c) The notice shall contain the heading “NOTICE OF SPECIAL TAX” in type no smaller than 8-point type, and shall be in substantially the following form. The form may be modified as needed to clearly and accurately describe the tax structure and other characteristics of districts created before January 1, 1993, or to clearly and accurately consolidate information about the tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit, or to clearly and accurately describe a tax rate that will change with a change in use of the parcel, or to clearly and accurately describe a tax that will be levied only once. The notice shall be completed by the designated office, department, or bureau except for the signatures and date of signing: ## NOTICE OF SPECIAL TAX ## COMMUNITY FACILITIES DISTRICT NO. ______ COUNTY OF ______, CALIFORNIA ## TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS: ________________________________ ________________________________ ## THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY. (1) This property is subject to a special tax, that is in addition to the regular property taxes and any other charges and benefit assessments on the parcel. This special tax is not necessarily imposed on all parcels within the city or county where the property is located. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities and/or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. (2) The maximum special tax that may be levied against this parcel to pay for public facilities is ____ dollars ($ ____) during the ____–__ tax year. This amount will increase by __ percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the ____–__ tax year. An additional special tax will be used to pay for ongoing services, if applicable. The maximum amount of this tax is ____ dollars ($____) during the ____–__ tax year. This amount may increase by ____, if applicable, and may be levied until the ____–__ tax year (or forever, as applicable). (3) The authorized facilities that are being paid for by the special taxes, and by the money received from the sale of bonds that are being repaid by the special taxes, are: These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired. In addition, the special taxes may be used to pay for costs of the following services: YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION THAT AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND THAT SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE ________ (name of jurisdiction) BY CALLING ______ (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE ESTIMATED REASONABLE COST OF PROVIDING THE DOCUMENT. I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS NOTICE. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT AFTER RECEIVING THIS NOTICE FROM THE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE TERMINATED WITHIN THREE DAYS IF THE NOTICE WAS RECEIVED IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT SELLING THE PROPERTY. DATE: ____________ ______________________ ______________________ (Amended by Stats. 2007, Ch. 670, Sec. 92. Effective January 1, 2008.)
  169. 53340.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    At the legislative body’s request, the tax collector may put descriptive information on the tax bill identifying each public entity that receives part of the special tax revenue.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340.3. At the request of the legislative body, the tax collector may set forth on the tax bill descriptive information provided by the legislative body to identify each public entity receiving portions of the revenue from the special tax levied pursuant to this chapter. (Added by Stats. 1987, Ch. 1440, Sec. 10.)
  170. 53340.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If county officials collect a local agency’s special taxes, the county auditor must promptly give the local agency auditor a detailed report after each tax-collecting period.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340.5. If the legislative body of the local agency levying the special taxes is not the legislative body of a county and those special taxes are collected by county officials, the county auditor shall, at the close of each tax collecting period, promptly provide the auditor of the local agency levying the taxes a detailed report showing the amounts of special taxes, interest, and penalties collected for the district and from which property those revenues were collected, identifying any properties which are delinquent and the amount and length of time in arrears, and a statement of the percentage of the taxes retained by the auditor for the expenses incurred in making the collections and the report. (Added by Stats. 1986, Ch. 1102, Sec. 34. Effective September 24, 1986.)
  171. 53340.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If the legislative body provides annual parcel-by-parcel amounts and the tax collector bills and collects the tax without using tax rate areas, certain filing and applicability requirements do not apply, and voluntary filing remains allowed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53340.7. If the legislative body supplies to the tax collector each year a listing of the specific amount due from each parcel within the district, and the tax collector bills for and collects the tax without reference to tax rate areas, then Sections 54900 to 54916.5, inclusive, are not applicable to the formation of, change in the boundaries of, annexation to, or existence of, community facilities districts created pursuant to this chapter and there is no requirement that the statement and map described in these sections be filed with the State Board of Equalization or the county assessor. This section shall not prevent the voluntary filing of such a statement or map. This section does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1987, Ch. 1440, Sec. 11.)
  172. 53341.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    Challenges to a special tax levy or increase must be started within 30 days after voter approval, and any appeal must be perfected within 30 days after judgment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53341. Any action or proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a special tax pursuant to this chapter shall be commenced within 30 days after the special tax is approved by the voters. Any appeal from a final judgment in that action or proceeding shall be perfected within 30 days after the entry of judgment. (Added by Stats. 1984, Ch. 269, Sec. 26.5. Effective July 3, 1984.)
  173. 53341.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    Before selling or leasing certain subdivision property, the seller must give the buyer or lessee a written special-tax notice and get it signed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53341.5. (a) If a lot, parcel, or unit of a subdivision is subject to a special tax levied pursuant to this chapter, the subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five years, or permit a prospective purchaser or lessor to sign a contract of purchase or a deposit receipt or any substantially equivalent document in the event of a lease with respect to the lot, parcel, or unit, or cause it to be sold or leased for a term exceeding five years, until the prospective purchaser or lessee of the lot, parcel, or unit has been furnished with and has signed a written notice as provided in this section. The notice shall contain the heading “NOTICE OF SPECIAL TAX” in type no smaller than 8-point type, and shall be in substantially the following form. The form may be modified as needed to clearly and accurately describe the tax structure and other characteristics of districts created before January 1, 1993, or to clearly and accurately consolidate information about the tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit: ## NOTICE OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. ___ COUNTY OF ____, CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS: THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE. (1) This property is subject to a special tax, that is in addition to the regular property taxes and any other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new development, and is not necessarily imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. (2) The maximum special tax that may be levied against this parcel to pay for public facilities is $______ during the ____–__ tax year. This amount will increase by __ percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the ____–__ tax year. An additional special tax will be used to pay for ongoing service costs, if applicable. The maximum amount of this tax is ____ dollars ($____) during the ____–__ tax year. This amount may increase by ____, if applicable, and that part may be levied until the ____–__ tax year (or forever, as applicable). (3) The authorized facilities that are being paid for by the special taxes, and by the money received from the sale of bonds that are being repaid by the special taxes, are: These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired. In addition, the special taxes may be used to pay for costs of the following services: YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION THAT AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND THAT SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE ____ (name of jurisdiction) BY CALLING ____ (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT. I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR SIGNING A DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY. DATE: (b) “Subdivision,” as used in subdivision (a), means improved or unimproved land that is divided or proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two or more lots, parcels, or units and includes a condominium project, as defined by Section 4125 or 6542 of the Civil Code, a community apartment project, a stock cooperative, and a limited-equity housing cooperative, as defined in Sections 11004, 11003.2, and 11003.4, respectively, of the Business and Professions Code. (c) The buyer shall have three days after delivery in person or five days after delivery by deposit in the mail of any notice required by this section, to terminate his or her agreement by delivery of written notice of that termination to the owner, subdivider, or agent. (d) The failure to furnish the notice to the buyer or lessee, and failure of the buyer or lessee to sign the notice of a special tax, shall not invalidate any grant, conveyance, lease, or encumbrance. (e) Any person or entity who willfully violates the provisions of this section shall be liable to the purchaser of a lot or unit that is subject to the provisions of this section, for actual damages, and in addition thereto, shall be guilty of a public offense punishable by a fine in an amount not to exceed five hundred dollars ($500). In an action to enforce a liability or fine, the prevailing party shall be awarded reasonable attorney’s fees. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 51) by Stats. 2013, Ch. 605, Sec. 27. (SB 752) Effective January 1, 2014.)
  174. 53343.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    Special taxes collected under this chapter may be used only for facilities and services authorized by the chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53343. Any special taxes collected pursuant to this chapter may only be used for facilities and services authorized by this chapter. (Amended by Stats. 2007, Ch. 670, Sec. 95. Effective January 1, 2008.)
  175. 53343.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A community facilities district formed after January 1, 1992 must prepare an Annual Report if requested by a resident or property owner, and it may charge only actual preparation costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53343.1. A community facilities district formed after January 1, 1992, shall prepare, if requested by a person who resides in or owns property in the district, within 120 days after the last day of each fiscal year, a separate document titled an “Annual Report.” The district may charge a fee for the report not exceeding the actual costs of preparing the report. The report shall include the following information for the fiscal year: (a) The amount of special taxes collected for the year. (b) The amount of other moneys collected for the year and their source, including interest earned. (c) The amount of moneys expended for the year. (d) A summary of the amount of moneys expended for the following: (1) Facilities, including property. (2) Services. (3) The costs of bonded indebtedness. (4) The costs of collecting the special tax under Section 53340. (5) Other administrative and overhead costs. (e) For moneys expended for facilities, including property, an identification of the categories of each type of facility funded with amounts expended in each category, including the total percentage of the cost of each type of facility that was funded with bond proceeds or special taxes. (f) For moneys expended for services, an identification of the categories of each type of service funded with amounts expended in each category, including the total percentage of the cost of each type of service that was funded with bond proceeds or special taxes. (g) For moneys expended for other administrative costs, an identification of each of these costs. (h) The annual report shall contain references to the relevant sections of the resolution of formation of the district so that interested persons may confirm that bond proceeds and special taxes are being used for authorized purposes. The annual report shall be made available to the public upon request. (Amended by Stats. 2008, Ch. 179, Sec. 105. Effective January 1, 2009.)
  176. 53343.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A local agency with a website must prominently post specified reports online within seven months after the district’s fiscal year ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53343.2. A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information: (a) A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1. (b) A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurer’s Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency. (c) A copy of the report provided to the Controller’s office pursuant to Section 12463.2. (Amended by Stats. 2018, Ch. 467, Sec. 59. (SB 1498) Effective January 1, 2019.)
  177. 53344.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If a special tax has been prepaid and permanently satisfied for a parcel, the legislative body must prepare and record a cancellation notice, the county recorder must accept it, and then mail the original notice to the property owner.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53344. In the event that the legislative body has specified conditions pursuant to Section 53321 under which the obligation to pay the special tax identified therein may be prepaid and permanently satisfied, and if the special tax is so prepaid and permanently satisfied as to a particular parcel of land, the legislative body shall prepare and record in the office of the county recorder of the county in which the parcel of land is located, and the county recorder shall accept for recordation, a Notice of Cancellation of Special Tax Lien as to that parcel. The Notice of Cancellation of Special Tax Lien shall identify with particularity the special tax that has been prepaid and permanently satisfied, shall state the book and page number, or the document or instrument number, in the records of the county recorder where the Notice of Special Tax Lien being cancelled is recorded, shall contain the legal description and assessor’s parcel number of the particular parcel of land subject to the lien, and shall contain the name of the owner of record of the parcel. The recorder shall mail the original Notice of Cancellation of Special Tax Lien to the owner of the property after recording the document. The legislative body may specify a charge for the preparation and recordation of this notice. (Amended by Stats. 2007, Ch. 670, Sec. 97. Effective January 1, 2008.)
  178. 53344.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    This section lets a district accept certain bond tenders from property owners, but only under stated conditions, and it sets notice and disclosure steps for tendering parties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53344.1. (a) The legislative body may provide in the resolution of intention or the resolution of consideration, and in documents setting forth the rights of the debtholders that it shall reserve to itself, the right and authority to allow any interested owner of property within the district, subject to the provisions of this section and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the district treasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. The district treasurer shall thereupon cancel the bond debt and shall cause proper credit therefor to be entered on the records of the district and in the office of the auditor and tax collector. If the legislative body agrees to allow bond tenders pursuant to this section or to Section 53356.8, the legislative body may, at its discretion, agree to distribute or direct its trustee or other agent to distribute by any means an offer to purchase bonds or other related inquiry to the holders of the bonds of the district, at the expense of the person requesting the mailing. Neither the legislative body, nor any of its officers, agents, or trustees shall be liable in any way for that distribution. (b) The provisions of this subdivision apply to any tender of bonds pursuant to this section by an owner of property within the district who is delinquent in paying special taxes levied by this district when due. Bonds may be tendered pursuant to this subdivision only after all of the following conditions have been satisfied: (1) The delinquent lot or parcel has been offered for sale as a result of a foreclosure judgment and the minimum price required to be paid for the lot or parcel was not received. (2) The bonds to be tendered to the district were obtained by the property owner only after their prior owner was presented with a tender offer or solicitation as defined in this subdivision. (A) For purposes of this subdivision, a “tender offer” or “solicitation” is a solicitation by any person or that person’s agent by offering circular, memoranda, tender, or solicitation, or any other document or written, oral, or electronic communication for the purchase of the bonds from their then current owner. A person includes a natural person, corporation, company, partnership, limited liability company, limited liability partnership, association, or any other entity and a “tendering party” includes any person making a tender offer for bonds. (B) Any tender offer or solicitation shall include all material information as required under federal and state securities laws and shall also include the following information, to the extent applicable: (i) The name of the tendering party. (ii) An individual who can be contacted to provide further information with respect to the tender. (iii) The current holdings of bonds of the district by the tendering party and its affiliates. (iv) The total face amount of the bonds being solicited. (v) The price or method of determining the price per one thousand dollars ($1,000) in bonds being offered by the tendering party. (vi) Whether the tendering party or any person affiliated with or related to the tendering party, or any employee, agent, or representative of the tendering party, is a property owner within the district that issued the bonds. (vii) Whether the present intentions of the tendering party are to use the bonds for payment of special taxes or the purchase of property at a foreclosure sale pursuant to this section or Section 53356.8. This statement of present intentions shall not be construed to be binding on the tendering party. (viii) The status of the bond redemption fund, construction fund, reserve fund, and any other funds of the district, and the special tax delinquency rate of the district, all of which data shall be the most recent available from the district and, in any event, shall apply to the state of the funds after the most recent payment of principal and interest on the bonds. The district shall provide the necessary data to the property owner within 10 days of receiving a written request and may charge a reasonable fee not to exceed its actual costs of providing the data. The district shall simultaneously release the same information to the general public. The property shall also provide the percentage of the delinquency attributable to the tendering party or any person affiliated with or related to the tendering party, or any employee, agent, or representative of the tendering party, for each of the three most recent fiscal years. (ix) If the tendering party owns or leases property in the district that issued the bonds, the development plans for that property and an update on the current status of development of that property and of any zoning, planning, or other permits or approvals needed for development of the property to proceed. (x) Any other material information available to the tendering party and not generally available to the public that would significantly affect the market value of the bonds of the district. (C) The tendering party shall notify the legislative body of their intent to make a tender offer or solicitation at least simultaneously with making any offer or solicitation. (D) The tendering party shall provide a copy of the solicitation to the Department of Financial Protection and Innovation prior to five working days after notifying the legislative body pursuant to subparagraph (C). (3) The tendering property owner provides the legislative body with a negative assurance from counsel representing the property owner that no misleading or other information has come to the opining party’s attention after reasonable investigation, that would lead the party providing the negative assurance to believe that the tender was in violation of federal or state securities laws. (4) The tendering property owner delivers to the legislative body of the district that issued the bonds subject to the tender, a certificate to the effect that the tender information is accurate in all material respects and does not omit to state a material fact necessary in order to make the statements included in the tender information not misleading, except that the certificate need not provide any assurances as to the accuracy of the information as to the bond fund balances and tax payment information provided by the district. (c) The provisions of this subdivision apply to any tender of bonds pursuant to this section by any owner of property within the district who is not delinquent in paying special taxes on any property within the district. A person subject to this subdivision shall be deemed to be a person whose relationship to the issuer may give them access, directly or indirectly, to material information about the issuer not generally available to the public, and the provisions of Section 25402 of the Corporations Code apply to any purchase or sale of securities by that person in connection with the tender transaction. For purposes of this subdivision, the “issuer” includes the district, the local agency that created the district, and any owner of property within the district. At any time prior to tendering bonds to the district pursuant to this section, any person subject to this subdivision shall deliver to the legislative body of the district a certificate that they have complied with this subdivision and applicable federal and state securities laws. (Amended by Stats. 2022, Ch. 452, Sec. 186. (SB 1498) Effective January 1, 2023.)
  179. 53344.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    Districts preparing a report under Section 53343.1 do not have to comply with Section 50075.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 4. Procedures for Levying [53340 - 53344.4] ( Article 4 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53344.4. Any district preparing a report pursuant to Section 53343.1 shall not be required to comply with Section 50075.3. (Added by Stats. 2002, Ch. 960, Sec. 2. Effective January 1, 2003.)
  180. 53345.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If a legislative body decides a community facilities district needs bonded debt, it must do so by resolution and state the necessity, purpose, amount, and hearing details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53345. Whenever the legislative body deems it necessary for the community facilities district to incur a bonded indebtedness, it shall, by resolution, set forth all of the following: (a) A declaration of the necessity for the indebtedness. (b) The purpose for which the proposed debt is to be incurred. (c) The amount of the proposed debt. The legislative body may provide for a reduction in the amount of proposed debt in compliance with the provisions of Section 53313.9. (d) The time and place for a hearing by the legislative body on the proposed debt authorization. (Amended by Stats. 2007, Ch. 670, Sec. 99. Effective January 1, 2008.)
  181. 53345.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    The bonded indebtedness amount may include specified incidental and related costs, but bonds may not be issued to fund the services listed in Section 53313; they may be issued to fund capital facilities used to provide those services.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53345.3. The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees; lease payments for school facilities, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to this chapter; architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. Bonds may not be issued pursuant to this chapter to fund any of the services specified in Section 53313; however, bonds may be issued to fund capital facilities to be used in providing these services. (Amended by Stats. 2007, Ch. 670, Sec. 100. Effective January 1, 2008.)
  182. 53345.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A legislative body may sell bonds only if it first finds the real property subject to the special tax is worth at least three times the relevant bond debt, unless an exception applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53345.8. (a) The legislative body may sell bonds pursuant to this chapter only if it determines prior to the award of sale of bonds that the value of the real property that would be subject to the special tax to pay debt service on the bonds will be at least three times the principal amount of the sum of the following: (1) The principal amount of the bonds to be sold. (2) The principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to this chapter on property within the community facilities district or a special assessment levied on property within the community facilities district. The legislative body shall estimate the principal amount of these other bonds that are secured by property within the district by assuming that the maximum allowable tax or assessment applicable to each parcel of property within the district will be levied until the date of maximum maturity of the bonds. Any determination made pursuant to this subdivision shall be based upon the full cash value as shown on the ad valorem assessment roll or upon an appraisal of the subject property made in a manner consistent with the policies adopted pursuant to paragraph (5) of subdivision (a) of Section 53312.7 by a state certified real estate appraiser, as defined in subdivision (c) of Section 11340 of the Business and Professions Code. The Treasurer may recommend definitions, standards, and assumptions to be used for these appraisals. These definitions, standards, and assumptions are advisory only, and the definitions, standards, and assumptions to be applied to appraisals will be those adopted by the local agency pursuant to paragraph (5) of subdivision (a) of Section 53312.7. (b) Notwithstanding the provisions of subdivision (a), if the legislative body selling the bonds finds and determines that the proposed bonds do not present any unusual credit risk due to the availability of credit enhancements, or because a sufficient portion of the principal amount of a bond issue has been deposited in a self-financing and self-liquidating escrow account under conditions such that it cannot be withdrawn until the value of real property subject to special taxes has increased sufficiently so that the requirements of subdivision (a) will be met or for other reasons specified by the legislative body, the provisions of subdivision (a) may be disregarded. (c) Notwithstanding the provisions of subdivision (a), if the legislative body selling the bonds finds and determines by a vote of not less than four-fifths of all of its members that the proposed bond issue should proceed for specified public policy reasons, the provisions of subdivision (a) may be disregarded. A finding and determination by the legislative body pursuant to this subdivision shall be final and conclusive upon all persons in the absence of actual fraud, and neither the legislative body nor the district shall have any liability of any kind whatsoever out of, or in connection with, any finding and determination. (Amended by Stats. 2003, Ch. 55, Sec. 4. Effective January 1, 2004.)
  183. 53346.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    The clerk of the legislative body must publish a hearing notice in a newspaper of general circulation in the district, and the notice must include specified information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53346. The clerk of the legislative body shall publish a notice of the hearing pursuant to Section 6061 in a newspaper of general circulation circulated within the district. The notice shall contain all of the following information: (a) The text or a summary of the resolution adopted pursuant to Section 53345 which may refer to documents on file in the office of the clerk for detail. (b) The time and place of the hearing on the proposal to issue debt. (c) A statement that at the hearing the testimony of all interested persons, including all persons owning property in the area, for or against the proposed debt issuance, will be heard. (Amended by Stats. 1992, Ch. 772, Sec. 7.7. Effective January 1, 1993.)
  184. 53348.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body must proceed with the hearing at the scheduled time and place, or at any adjourned time and place.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53348. At the time and place fixed for the hearing on the resolution declaring the necessity for incurring the bonded indebtedness or at any time and place to which the hearing is adjourned, the legislative body shall proceed with the hearing. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  185. 53349.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    At the hearing, interested persons, including property owners in the area, may appear and present matters related to the resolution on bonded indebtedness.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53349. At the hearing any person interested, including persons owning property within the area, may appear and present any matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  186. 53350.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A legislative body or local agency may designate improvement areas for certain community facilities district financing, and in a qualifying annexation case the owners must unanimously approve the designation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53350. (a) For purposes of financing of, or contributing to the financing of, specified public facilities, the legislative body may by resolution designate a portion or portions of the district as one or more improvement areas. An area shall be known as “Improvement Area No. ____” of “Community Facilities District ____.” After the designation of an improvement area, all proceedings for purposes of a bond election and for the purpose of levying special taxes for payment of the bonds, or for any other change pursuant to Article 3 (commencing with Section 53330), shall apply only to the improvement area for those specified facilities. (b) In connection with the annexation by unanimous approval to a community facilities district of a parcel that was included in territory proposed for annexation in the future to the community facilities district, as described in Section 53329.6, the local agency may designate a parcel or parcels as an improvement area within the community facilities district. The designation of a parcel or parcels as an improvement area shall be specified and approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special taxes, and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. (Amended by Stats. 2013, Ch. 219, Sec. 7. (SB 692) Effective January 1, 2014.)
  187. 53351.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If the legislative body decides to incur bonded indebtedness, it must adopt a resolution stating specified bond and election details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53351. After the legislative body has made its determination pursuant to Section 53350, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state all of the following: (a) That it deems it necessary to incur the bonded indebtedness. (b) The purpose for which the bonded indebtedness will be incurred. (c) Either of the following in accordance with its previous determination: (1) That the whole of the district will pay for the bonded indebtedness. (2) That a portion of the district will pay for the bonded indebtedness, which portion shall be described in the resolution of the board made pursuant to Section 53350. (d) The amount of debt to be incurred. (e) The maximum term the bonds to be issued shall run before maturity, which term shall not exceed 40 years. (f) The maximum annual rate of interest to be paid, payable annually or semiannually, or in part annually and in part semiannually. (g) That the proposition will be submitted to the voters. (h) The date of the special community facilities district election (which may be consolidated with a general or special district election including an election to levy a special tax) at which time the proposition shall be submitted to the voters. (i) If the election is not conducted by mail ballot, the hours between which the polls shall be open. (j) If the election is conducted by mail ballot, the hour when the mailed ballots are required to be received in the office of the election officer conducting the election, and that if all qualified electors have voted, the election shall be closed. (Amended by Stats. 1987, Ch. 1440, Sec. 13.)
  188. 53352.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The resolution described in Section 53351 serves as the notice of the special bond election, and it must be published in a newspaper of general circulation in the area.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53352. The resolution provided for in Section 53351 shall constitute the notice of such special bond election and such resolution shall be published in a newspaper of general circulation circulating within the area. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  189. 53353.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A legislative body may combine related special tax, bonded indebtedness, and appropriations-limit propositions into one ballot proposition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53353.5. (a) Propositions relating to the levy of a special tax, the incurring of bonded indebtedness, or to establish or change an appropriations limit, or any combination thereof, under this chapter, may be combined into one ballot proposition as determined by the legislative body. The qualified electors for all of these purposes shall be determined and the election shall be conducted in the same manner as for a special tax election pursuant to Section 53326. (b) The amendments of this section enacted by the Statutes of 1984 and 1991 do not constitute a change in, but are declaratory of and a clarification of, the existing law. (Amended by Stats. 1991, Ch. 1110, Sec. 25.)
  190. 53354.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If the designated area does not cover the whole community facilities district, a separate ballot must be prepared for the bond and special-tax vote, and only eligible voters may receive it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53354. If the area designated in the resolution adopted pursuant to Section 53351 does not include the entire community facilities district, a separate ballot shall be prepared for the vote upon the proposition to authorize bonds and to levy a special tax for payment of the bonds and only the voters entitled thereto shall be given the ballots. (Amended by Stats. 2007, Ch. 670, Sec. 101. Effective January 1, 2008.)
  191. 53355.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Issuing bonds under this chapter requires a two-thirds vote.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53355. A two-thirds vote shall be required for the issuance of bonds under authority of this chapter. (Amended by Stats. 2007, Ch. 670, Sec. 102. Effective January 1, 2008.)
  192. 53355.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    This section lets a local agency use a court action to test the validity of bonds, and it allows bond authorization by unanimous parcel-owner approval when property is annexed to the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53355.5. (a) As an alternate and independent procedure for conducting an election on the proposition to authorize bonded indebtedness for a community facilities district formed pursuant to Section 53328.1, and in lieu of the procedure set forth in Sections 53353.5, 53354, and 53355, the proposition to authorize bonded indebtedness may be approved by the owner or owners of a parcel or parcels of property at the time that the parcel or parcels are annexed to the community facilities district pursuant to the unanimous approval described in Section 53328.1. In that event, no additional hearings or procedures shall be required, and unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposition. (b) The local agency may bring an action, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, to determine the validity of any bonds issued pursuant to this chapter and authorized pursuant to the procedures set forth in this section. Notwithstanding the provisions of Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any bonds issued pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 30 days after the effective date of the resolution described in Section 53351. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. (Added by Stats. 2011, Ch. 493, Sec. 5. (SB 555) Effective January 1, 2012.)
  193. 53356.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    If more than two-thirds of votes cast favor the indebtedness, the legislative body may adopt a resolution covering bond terms and related financing arrangements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356. If more than two-thirds of the votes cast at the election are in favor of incurring the indebtedness, the legislative body may, by resolution, at the time or times it deems proper, provide for the following: (a) The form of the bonds. (b) The execution of the bonds. (c) The issuance of any part of the bonds. (d) The appointment of one or more banks or trust companies within or without the state having the necessary trust powers as trustee, fiscal agent, paying agent, or bond registrar. (e) The execution of a trust agreement, indenture, or other instrument securing the bonds. (f) The pledge or assignment of any revenues of the community facilities district to the repayment of the bonds. (g) The investment of any bond proceeds and other revenues, including special tax revenues, by the trustee or fiscal agent in any securities or obligations described in the resolution, indenture, trust agreement, or other instrument providing for the issuance of the bonds. Investment subject to this subdivision shall comply with Section 53356.03. The resolution may provide for payment to the United States from any available revenues of a community facilities district of any excess investment earnings required to be rebated by federal law. (h) The date or dates to be borne by the bonds and the time or times of maturity of the bonds and the place or places and time or times that the bonds shall be payable. (i) The interest, fixed or variable, to be borne by the bonds. (j) The denominations, form, and registration privileges of the bonds. (k) Any other terms and conditions determined to be necessary by the legislative body. (Amended by Stats. 2007, Ch. 670, Sec. 103. Effective January 1, 2008.)
  194. 53356.03.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Proceeds from covered bonds, notes, or other securities must be deposited or invested only in eligible legal investments of the local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.03. The proceeds of any bond, note, or other security issued pursuant to this chapter, or the proceeds of any bond, note, or other security issued pursuant to any other authority where revenue collected pursuant to this chapter is pledged or otherwise committed to pay or repay principal, interest, or both, shall be deposited or invested only in one or more of the instruments, securities, or obligations that are eligible legal investments of the local agency. (Amended by Stats. 1997, Ch. 204, Sec. 1. Effective January 1, 1998.)
  195. 53356.05.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Bond documents may allow the legislative body to agree to notify certain parties when specified events happen that could affect bond value.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.05. The bond indenture or other bond documents may provide that the legislative body agrees to notify one or more parties, including the underwriter or other first purchaser of the bonds, an appropriate national repository for bond information approved by the Securities and Exchange Commission, or the California Debt and Investment Advisory Commission, if specified events occur that may affect the market value of outstanding bonds. These events may include, but are not limited to, the following, for example: (a) Withdrawal of funds from any reserve fund for the bonds, such that the balance in the fund falls below a specified percentage of the amount required by bond documents. (b) Draw upon a letter of credit or other credit enhancement for the bonds. (c) Filing for bankruptcy by a developer or other owner of more than a specified percentage of the area or property value within the district. (d) Unforeseen discovery of toxic materials or rare and endangered plant or animal species within areas of the district proposed for development. (Amended by Stats. 2002, Ch. 454, Sec. 18. Effective January 1, 2003.)
  196. 53356.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    The legislative body may use foreclosure to collect delinquent special taxes tied to debt, and it may set deadlines and other reasonable terms for that process.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.1. (a) As a cumulative remedy, if debt is outstanding, the legislative body may, not later than four years after the due date of the last installment of principal thereof, order that any delinquent special taxes levied in whole or in part for payment of the debt, together with any penalties, interest, and costs, be collected by an action brought in the superior court to foreclose the lien of special tax. (b) The legislative body may, by resolution, adopted prior to the issuance of debt under this chapter, covenant for the benefit of debtholders to commence and diligently pursue any foreclosure action regarding delinquent installments of any amount levied as a special tax, in whole or in part, for the payment of interest or principal of any debt that is incurred, and, at any time may assign the causes of action arising from the foreclosure to a trustee or joint powers authority to do so on behalf of the debtholders. The resolution may specify a deadline for commencement of the foreclosure action and any other terms and conditions the legislative body determines reasonable regarding the foreclosure action. (c) Except as provided in Section 53356.6, all special taxes, interest, penalties, costs, fees, and other charges that are delinquent at the time of the ordering of a foreclosure action shall be collected in the action. In the event that a lot or parcel of property has not been sold pursuant to judgment in the foreclosure action at the time that subsequent special taxes become delinquent, the court may include the subsequent special taxes, interest, penalties, costs, fees, and other charges in the judgment or modified judgment. (d) For purposes of financing delinquent special taxes pursuant to Section 26220 of the Government Code, the legislative body may act as if it were a board of supervisors. (e) Notwithstanding any other provision of this chapter, no trustee or joint powers authority shall be obligated to accept the tender of bonds in satisfaction of any obligation arising from a delinquent special tax, although either may do so if authorized to do so by the legislative body. (f) An action to determine the validity of any bonds issued, any joint powers agreement entered into, and any related agreements entered into, by a joint powers agency acting pursuant to this section may be brought by the joint powers agency pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Any appeal from a judgment in the action shall be commenced within 30 days after entry of judgment. (Amended by Stats. 2007, Ch. 670, Sec. 104. Effective January 1, 2008.)
  197. 53356.1.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    If delinquent special taxes are collected through a tax sale, the sale can extinguish them when the sale brings at least the amount needed to redeem plus costs; if it brings less, the local agency must apply the proceeds in a set order and unpaid amounts may continue in foreclosure.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.1.5. (a) This section applies if delinquent special taxes, together with any penalties, interest, and costs, are collected through the sale of the property by the tax collector pursuant to Chapter 7 (commencing with Section 3691) of Part 6 of Division 1 of the Revenue and Taxation Code. (b) If the property is sold for at least the total amount necessary to redeem plus costs, as defined in Section 3698.5 of the Revenue and Taxation Code, the sale of the property shall extinguish the delinquent special taxes, interest, penalties, and costs included in the sale price. (c) If the property is sold for less than the total amount necessary to redeem plus costs, as defined in Section 3698.5 of the Revenue and Taxation Code, all of the following apply: (1) The portion of the sales price paid by the tax collector to the local agency on account of the delinquent special taxes shall be credited by the local agency first to the delinquent interest and redemption penalties, and then to the delinquent principal. (2) The remainder of the delinquent special taxes and redemption penalties, if any, shall remain due and owing. (3) Redemption penalties shall continue to accrue on the remaining unpaid delinquent special taxes. (4) The remaining unpaid amount, with penalties, may be added as postjudgment delinquencies to any existing unsatisfied foreclosure judgment against the property, or may be collected in a new foreclosure action filed pursuant to this chapter. (Added by Stats. 2007, Ch. 670, Sec. 105. Effective January 1, 2008.)
  198. 53356.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    When a foreclosure action is ordered or delinquent installments later become subject to foreclosure, the local agency or legislative body must record a notice before the installment is removed from the tax roll, and related county offices must process the removal and payment handling rules that follow.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.2. (a) When any foreclosure actions are ordered by the local agency or legislative body, or when subsequent installments and interest that are also to be made the subject of a foreclosure action thereafter become delinquent, and the foreclosure action is not commenced and a notice of pendency of action is not concurrently recorded, prior to the actual removal of the delinquent installment from the tax roll, the local agency or legislative body responsible for the foreclosure action on the delinquent installment shall do one of the following: (1) Prior to the actual removal of the delinquent installment from the tax roll, the local agency or legislative body shall record or cause to have recorded in the county recorder’s office in the county in which the real property is located, a Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll, which contains the information set forth in subdivision (b). If action is taken under this paragraph, all of the following apply: (A) Upon presentation of written proof of the recordation and a request for removal by the local agency or legislative body, the county auditor shall remove the delinquent installments from the tax roll. “Proof of recordation” includes, but is not limited to, a certified copy of the notice set forth in subdivision (b), or a copy of the recorded notice containing the county recorder’s assigned document number, or a copy of the recorded notice containing a copy stamp from the office of the county recorder. (B) From the date of the recordation, the county tax collector shall be credited upon the current tax roll with the amount charged against him or her on account of the delinquent special tax installment. If any person pays the delinquent installment referred to in the Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll to the county tax collector prior to or subsequent to the actual removal of that delinquent installment from the tax roll, the county auditor shall forward that payment to the local agency or legislative body responsible for the foreclosure action. (C) From the date of recordation pursuant to this section, the special tax installment, and interest thereon, and penalties, costs, fees, and other charges accrued under applicable statutes, that are to be collected in a foreclosure action, shall no longer be collectible by the county tax collector. (D) The county tax collector, in addition to the costs recovered in foreclosure, may charge the actual costs incurred in removing these sums from the tax roll or the performance of any other related duties as set forth in this section. (E) Installments, interest, penalties, costs, fees, and other charges that do not become the subject of a foreclosure action shall remain collectible by the county tax collector as otherwise provided by applicable law. (2) As an alternative to the notice requirement set forth in paragraph (1), the Counties of San Bernardino and Riverside may, simultaneously with the removal of the delinquent special tax installment from the secured tax roll, provide notification on the secured tax roll that the installment has been removed from the roll for each parcel for which the delinquent special tax installment was removed. The notice shall be displayed in a manner which conveys that the removal has occurred, and shall include the name and telephone number of the person or entity to be contacted to receive further information. (b) The Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll shall be completed and recorded by or caused to be recorded by the local agency or legislative body responsible for the foreclosure action, and shall contain all of the following: (1) The name of the local agency or legislative body, city, or other assessment district responsible for the foreclosure action. (2) The legal description or assessor’s parcel number of the property affected by the notice. (3) The specific tax year and installment intended to be removed from the tax roll. (4) The title, address, and telephone number of the employee, city official, or other authorized official who should be contacted regarding the delinquent assessment installment amount. (5) The name of the owner shown on the last equalized assessment roll. (c) Any local agency or legislative body that removed or caused to be removed a delinquent special tax installment from the ad valorem tax roll prior to January 1, 1997, shall record, by July 1, 1997, a Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll or shall request the tax collector to retain the notice of delinquent special tax installment on the tax roll as set forth in paragraph (2) of subdivision (a). If the foreclosure action has been filed and a notice of pendency of action has been recorded in the county recorder’s office prior to July 1, 1997, this requirement does not apply. (d) All costs associated with the county tax collector’s and local agency’s or legislative body’s responsibilities as set forth in this section shall be recoverable by the local agency or legislative body through the foreclosure action. (e) The recording of a notice of pendency of action in the county recorder’s office in the county in which the real property is located, concurrent with the commencement of a foreclosure action ordered by the local agency or legislative body and commenced prior to the actual removal from the tax roll of the delinquent installment which is the subject of the foreclosure action, constitutes compliance with the notice requirements of this section. (Amended by Stats. 1998, Ch. 497, Sec. 1. Effective January 1, 1999.)
  199. 53356.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A local agency or trustee must dismiss a foreclosure action if payment is made of the specified delinquent taxes, penalties, interest, suit costs, attorneys’ fees, and certain tax collector costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.3. At any time after the tax collector has been relieved of his or her duty to collect sums under Section 53356.2 and before judgment in a foreclosure action, the local agency or trustee shall dismiss the action upon payment of all of the following: (a) The amount of any delinquent special taxes together with any penalties, interest, and costs accrued thereon to date of complete payment hereunder. (b) Costs of suit, including, but not limited to, litigation guarantees provided by title companies with respect to all claims of ownership or interest in the subject property. (c) Attorneys’ fees authorized by the local agency. (d) The tax collector’s costs authorized by subdivision (d) of Section 53356.2. (Amended by Stats. 2007, Ch. 670, Sec. 106. Effective January 1, 2008.)
  200. 53356.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

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    A local agency or trustee must bring the foreclosure action on behalf of bondholders under Section 53356.1, and the complaint may be brief.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.5. The Mello-Roos Community Facilities Act of 1982 [53311 - 53368.3] ( Chapter 2.5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## ARTICLE 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.4. The foreclosure action shall be brought in the name of the local agency or trustee on behalf of the bondholders pursuant to Section 53356.1, and may be brought within the time specified in Section 53356.1. The complaint may be brief and need only include the following allegations: (a) That on a stated date, a certain sum of special taxes, levied against the subject property (describing it) pursuant to this chapter, became delinquent. (b) On that date, bonds issued pursuant to this chapter, payable in whole or in part by the subject special taxes, were outstanding. (c) That the legislative body or trustee has ordered the foreclosure. (Amended by Stats. 1991, Ch. 1110, Sec. 30.)

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