Government Code — Part 64 | GOV — United States — California law | Esheria

Government Code

Part 64 of 107 · provisions 12,601–12,800

This act is named the Government Code.

Jurisdiction
United States — California
Instrument
Code
Citation
GOV
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing 911 service 911 services 911 system implementation 911 systems 911/988 interoperability 988 crisis services ADU approvals AI cybersecurity AI disclosure AI governance AI infrastructure AI procurement AI-generated media disclosure APIA communities Appropriations Attorney General consent Bond premium and accrued interest Bond purchases Bond retirement and release of security interests Bond sale proceeds Bond sales Bond transfers Bonds +15,175 more

Statute overview

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.

Read the provisions Ask with citations

Legal text

Provisions of Government Code

Showing 200 of 21,333

  1. 53356.5.

    ## 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 ↗

    The judgment must state the continuing lien amount and order the parcel sold, but several foreclosure-sale timing and bidding rules are modified for this 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.5. (a) Any judgment shall decree the amount of the continuing lien against each parcel to be foreclosed, and shall order the parcel to be sold on execution as in other cases of the sale of real property by process of the court except: (1) Notwithstanding Section 701.545 of the Code of Civil Procedure, notice of sale of any lot or parcel included in the judgment may be given pursuant to Section 701.540 of the Code of Civil Procedure any time after the expiration of 20 days after the date notice of levy on the interest in real property was served on the judgment debtor or debtors, provided that the lot or parcel to be sold is not a dwelling for not more than four families and provided that all parties whose liens are extinguished by the foreclosure judgment were either defendants in the foreclosure action or, for those parties who acquired an interest in a lien on the parcel after the recording of notice of the pending foreclosure action, received constructive notice of the action. (2) Whenever notice of sale may be given after the expiration of 20 days after the date notice of levy was served as provided in paragraph (1), the 30-day time period contained in subdivision (h) of Section 701.540 of the Code of Civil Procedure shall be reduced to 10 days. (3) Upon proof that the lot or parcel to be sold is not a dwelling for not more than four families, and upon determining that all parties whose liens are extinguished by the foreclosure judgment were either defendants in the foreclosure action or, for those parties who acquired an interest in a lien on the parcel after the recording of notice of the pending foreclosure action, received constructive notice of the action, pursuant to Section 716.020 of the Code of Civil Procedure, the court shall order that paragraphs (1) and (2) apply to any judgment previously entered. (4) The minimum bid amount provided in Section 53356.6 shall apply instead of subdivision (a) of Section 701.620 of the Code of Civil Procedure. (5) The local agency may bid at the price provided in Section 53356.6 by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judgment. If the local agency becomes the purchaser pursuant to bid, the local agency shall pay the amount of its credit bid into the redemption fund within 24 months of the date of the foreclosure sale. (6) Notwithstanding subdivision (c) of Section 701.620 of the Code of Civil Procedure, if the minimum price required to be paid for a lot or parcel pursuant to Section 53356.6 is not obtained at a foreclosure sale, upon written request of the local agency, the levying officer shall retain the writ of sale and, provided that the writ of sale has not been returned to the court pursuant to paragraph (1) of subdivision (a) of Section 699.560 of the Code of Civil Procedure, give notice of sale pursuant to Section 701.540 of the Code of Civil Procedure without relevying on the property. (7) As provided elsewhere in this chapter. (b) The judgment amount shall include reasonable attorneys’ fees to be fixed by the court, together with interest, penalties, and other authorized charges and costs (all calculated up to date of judgment). (c) The foreclosure action shall be governed and regulated by the provisions of this chapter, and also where not in conflict with this chapter, by other provisions of law generally applicable to foreclosure actions. (Amended by Stats. 1997, Ch. 946, Sec. 5. Effective January 1, 1998.)
  2. 53356.6.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A property sold under this section may not be sold for less than the judgment, postjudgment interest, and authorized costs unless the owners of 75% by value of the outstanding bonds consent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53356.6. Property sold hereunder may not be sold for less than the amount of the judgment plus postjudgment interest and authorized costs without the consent of the owners of 75 percent by value of the outstanding bonds. (Added by Stats. 1988, Ch. 1365, Sec. 23.)
  3. 53356.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A special tax installment, related interest or penalties, or a deed is not invalid just because of a computation error if the error is comparatively negligible or favors the affected 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.7. No special tax installment, interest or penalties thereon, or deed shall be held invalid for any error in computation if the error is found to be comparatively negligible, or is found to be in favor of the owner of the real property affected thereby. (Added by Stats. 1988, Ch. 1365, Sec. 24.)
  4. 53356.8.

    ## 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. )

    Verify source ↗

    This section lets certain foreclosure-sale balances be paid with bonds or debt, but only in specified cases and with strict timing and limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53356.8. Provided the legislative body permits bonds or debt to be tendered for special taxes and the penalties and interest thereon pursuant to Section 53344.1, if the highest bid for a lot or parcel sold pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000) and the highest bidder elects to treat the sale as a credit transaction pursuant to subdivision (c) of Section 701.590 of the Code of Civil Procedure, the balance due as provided in that section may be paid in full or in part by tender of bonds or debt, provided, however, that bonds or debt may not be tendered for costs of foreclosure, including attorney’s fees, and administrative charges incurred by the local agency with respect to removing the special taxes from the rolls of the treasurer or tax collector, or other administrative charges. (a) Tender of bonds or debt shall be made to the local agency within seven days of the date of the sale. The local agency shall be charged with authenticating the tender and shall, within 10 days of the date of the sale, submit a written receipt to the levying officer who conducted the sale for the amount of the bond or debt tender accepted by it. (b) Tender of cash or certified check or cashier’s check shall be made to the levying officer within 10 days of the date of the sale. (c) The levying officer shall total the cash, certified checks and cashier’s checks, and any agency written receipts for bonds or debt to determine if the amount of the bid, plus accruing costs and interests, has been paid. In no event shall the tendering party be entitled to receive cash or other compensation in return for all or any part of the value of a tendered bond or bonds, except for recognition of their value in satisfying the amount bid. (d) The tendering party shall comply with the provisions of Section 53344.1, as applicable as if they were fully set out in this section. (Added by Stats. 1997, Ch. 946, Sec. 6. Effective January 1, 1998.)
  5. 53356.9.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A foreclosure judgment does not end or change an easement holder’s rights in the lot or parcel, and this section does not limit rights agreed to in an existing 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53356.9. (a) Notwithstanding any other provision of this chapter or any other provision of law applicable to foreclosure action, the judgment of foreclosure and sale of a lot or parcel pursuant to this chapter shall not terminate or otherwise affect the rights of the holder of an easement in that lot or parcel. (b) No provision of this section shall be interpreted as limiting any rights otherwise agreed to under existing contract. (Added by Stats. 1998, Ch. 113, Sec. 1. Effective January 1, 1999.)
  6. 53357.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 execution and payment rules: the chairperson must sign, the clerk or deputy must countersign, signatures may be reproduced, and the bonds must be payable at the local agency treasurer’s office or a designated agent’s office.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53357. The bonds shall be signed by the chairperson of the legislative body and countersigned by the clerk of the legislative body or his or her deputy. All signatures on the bonds may be printed, lithographed, or engraved. If any officer whose signature appears on the bonds ceases to be that officer before the delivery of the bonds, his or her signature is as effective as if he or she had remained in office. All bonds shall be payable at the office of the treasurer of the local agency or at the office of any agent designated by the local agency. (Amended by Stats. 1986, Ch. 1102, Sec. 35. Effective September 24, 1986.)
  7. 53357.1.

    ## 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. )

    Verify source ↗

    A local agency may record a notice about a property owner’s disclosure agreement, and a later transferee is subject to that disclosure obligation. The county recorder may charge a fee to record the notices.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53357.1. (a) In connection with the issuance of bonds in which a property owner agrees, by written consent, to disclose certain information on a continuous basis through the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access, or successor information depository, the local agency may execute and record in the office of the county recorder, in which the community facilities district is located, a notice of the owner’s disclosure agreement for the purpose of providing notice to a subsequent transferee. The owner’s written consent shall be attached to the notice. (b) A subsequent transferee of the property shall be subject to the disclosure obligation. Upon the termination of the disclosure obligation, the local agency may cause a notice of termination to be recorded with the office of the county recorder in which the original notice was recorded. (c) Notwithstanding Sections 6103 and 27383, the county recorder may charge an appropriate fee for the expense incurred in recording the notices provided for in this section. (Added by Stats. 2013, Ch. 219, Sec. 8. (SB 692) Effective January 1, 2014.)
  8. 53358.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 set enough special taxes or charges in the community facilities district to pay outstanding bond debt, and those collections must be used only for bond payments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53358. When the legislative body provides for the fixing and levying of special taxes and charges for the community facilities district it shall also provide for the fixing and levying of that amount of special taxes and charges within the community facilities district which is required for the payment of the principal of and interest on any outstanding bonded debt of the community facilities district, including any necessary replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments, including any amount required by federal law to be rebated to the United States on that bonded debt. The special tax or charge shall be levied and collected by the same officers and at the same time and in the same manner that all other special taxes and charges are levied and collected for the community facilities district or in any other manner specified by the legislative body. The special taxes and charges shall not exceed the authority granted by Article 2 (commencing with Section 53318) and Article 3 (commencing with Section 53330). All of the collections for payment of principal and interest on bonds shall be paid into the community facilities district bond fund and reserve or other fund for the particular community facilities district and shall be used solely for the payment of the principal of and interest on the outstanding bonds of the community facilities district. (Amended by Stats. 1991, Ch. 1110, Sec. 31.)
  9. 53359.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 ↗

    An interested person may bring an action to challenge the validity of certain bonds or special taxes, but the action must be filed within 30 days after voter approval if brought under Section 863; any appeal must be filed 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53359. An action to determine the validity of bonds issued pursuant to this chapter or the validity of any special taxes levied pursuant to this chapter may 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 voters approve the issuance of the bonds or the special tax if the action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure. Any appeal from a judgment in that action or proceeding shall be commenced within 30 days after entry of judgment. (Amended by Stats. 1986, Ch. 1102, Sec. 37. Effective September 24, 1986.)
  10. 53359.5.

    ## 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 ↗

    The legislative body must give the California Debt and Investment Advisory Commission advance written notice before selling bonds and must send annual bond information and certain event notices on a set schedule.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53359.5. (a) The legislative body shall, no later than 30 days prior to the sale of any bonds pursuant to this article, give written notice of the proposed sale to the California Debt and Investment Advisory Commission by mail, postage prepaid, or by any other method approved by the California Debt and Investment Advisory Commission, as required by Chapter 11.5 (commencing with Section 8855) of Division 1 of Title 2. (b) On and after January 1, 1993, each year after the sale of any bonds, including refunding bonds, pursuant to this article, and until the final maturity of the bonds, the legislative body shall, not later than October 30 of each year, supply the following information to the California Debt and Investment Advisory Commission by mail, postage prepaid, or by any other method approved by the California Debt and Investment Advisory Commission: (1) Issuer name. (2) Community facilities district number or name. (3) Name, title, and series of the bond issue. (4) Credit rating and name of the rating agency. (5) Date of the bond issue and the original principal amount. (6) Reserve fund minimum balance required. (7) The principal amount of bonds outstanding. (8) The balance in the bond reserve fund. (9) The balance in the capitalized interest fund, if any. (10) The number of parcels that are delinquent with respect to their special tax payments, the amount that each parcel is delinquent, the total amount of special taxes due on the delinquent parcels, the length of time that each has been delinquent, when foreclosure was commenced for each delinquent parcel, the total number of foreclosure parcels for each date specified, and the total amount of tax due on the foreclosure parcels for each date specified. (11) The balance in any construction funds. (12) The assessed value of all parcels subject to special tax to repay the bonds as shown on the most recent equalized roll, the date of assessed value reported, and the source of the information. (13) The total amount of special taxes due, the total amount of unpaid special taxes, and whether or not the special taxes are paid under the county’s Teeter Plan (Chapter 6.6 (commencing with Section 54773)). (14) The reason and the date, if applicable, that the issue was retired. (15) Contact information for the party providing the information. (c) In addition, with respect to any bonds sold pursuant to this article, regardless when sold, and until the final maturity of the bonds, the legislative body shall notify the California Debt and Investment Advisory Commission by mail, postage prepaid, or by any other method approved by the California Debt and Investment Advisory Commission, within 10 days if any of the following events occur: (1) The local agency or its trustee fails to pay principal and interest due on any scheduled payment date. (2) Funds are withdrawn from a reserve fund to pay principal and interest on the bonds that reduce the reserve fund to less than the reserve requirement. (d) Neither the legislative body nor the California Debt and Investment Advisory Commission shall be liable for any inadvertent error in reporting the information required by this section. (Amended by Stats. 2007, Ch. 670, Sec. 107. Effective January 1, 2008.)
  11. 53359.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Current information listed in Section 53359.5 is public record, even if held by an agent or trustee; the legislative body and its officers, agents, or trustees are not liable for making it available.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53359.7. Current information on the items listed in Section 53359.5 is a matter of public record, within the meaning of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) even if the information is physically held by an agent or trustee of the public agency. Neither the legislative body, nor any of its officers, agents, or trustees shall be liable in any way for making that financial information available to anyone requesting it or for otherwise making it available to the public. (Amended by Stats. 2021, Ch. 615, Sec. 198. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  12. 53360.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 community facilities district may sell issued bonds, but generally they must be sold to the highest bidder after the required notice and bidding process. If no satisfactory bids are received, the legislative body may reject them and either readvertise or sell privately.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53360. The community facilities district may sell the bonds so issued at the times or in the manner the legislative body deems to be to the public interest. However, except as otherwise provided in Section 53360.4, all bonds shall be sold on sealed proposals or through generally accepted electronic means to the highest bidder, after advertising for bids by publication of notice of sale pursuant to Section 53692. If no bids are received or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the legislative body may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Amended by Stats. 2007, Ch. 670, Sec. 108. Effective January 1, 2008.)
  13. 53360.4.

    ## 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. )

    Verify source ↗

    The legislative body may sell bonds at private sale without advertising for bids if it determines that doing so would lower the overall cost.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53360.4. Notwithstanding Section 53360, the legislative body may sell bonds at private sale, without advertising for bids, if the legislative body determines that the action would result in a lower overall cost. (Amended by Stats. 1985, Ch. 1035, Sec. 2.)
  14. 53360.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may authorize bonds to have a variable interest rate and set how and when the rate changes. The variable rate cannot go above the maximum allowed 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53360.7. The legislative body may provide that bonds shall bear a variable interest rate, and for the manner and intervals in which the rate shall vary. The variable rate shall not exceed the maximum rate permitted by Section 53531 or any other applicable provision of law limiting the maximum interest rate on bonds. (Added by Stats. 1984, Ch. 1406, Sec. 4. Effective September 26, 1984.)
  15. 53361.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 ↗

    District bonds have the same force, value, and use as municipal bonds, and they are exempt from all state taxation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53361. Any bonds issued by a district organized under the provisions of this chapter are hereby given the same force, value and use as bonds issued by any municipality and shall be exempt from all taxation within the state. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  16. 53361.1.

    ## 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. )

    Verify source ↗

    Certain bonds issued by a district and payable from taxes or charges are treated as legal investments for specified trust and public funds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53361.1. All bonds issued by any district payable from taxes or charges are legal investments for all trust funds, for the trust funds of all insurance companies, the state school funds, and any funds which may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  17. 53362.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 may, by resolution, issue new bonds to refund certain outstanding district or improvement area bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53362. The legislative body may, by resolution, issue new bonds to refund any or all of the district bonds outstanding or improvement area bonds outstanding that have been issued pursuant to this article. (Repealed and added by Stats. 1984, Ch. 269, Sec. 29. Effective July 3, 1984.)
  18. 53362.5.

    ## 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 ↗

    Refunding bonds must not be issued if their total interest cost plus principal is greater than that of the bonds being refunded.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53362.5. Refunding bonds shall not be issued if the total interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total interest cost to maturity on the bonds to be refunded plus the principal amount of the bonds to be refunded. Subject to these limitations, the principal amount of the refunding bonds may be more than, less than, or the same as the principal amount of the bonds to be refunded. (Amended by Stats. 2007, Ch. 670, Sec. 109. Effective January 1, 2008.)
  19. 53362.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    A district’s or improvement area’s total authorized bonded indebtedness cannot be reduced by the principal amount of refunding bonds issued for outstanding bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53362.7. The total authorized amount of the bonded indebtedness of a district or an improvement area therein, as approved by the qualified voter thereof, shall not be reduced by the principal amount of any refunding bonds issued to refund any or all outstanding bonds of the district or improvement area. This section does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1987, Ch. 1440, Sec. 14.)
  20. 53363.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 may issue refunding bonds without repeating the original bond-approval procedures, if it finds doing so prudent for fiscal management, unless this article provides 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53363. Except as otherwise provided in this article, the legislative body may issue refunding bonds without repeating any of the procedures required for the approval of the original bond issue, if the legislative body determines that it would be prudent in the management of its fiscal affairs to issue the refunding bonds. (Repealed and added by Stats. 1984, Ch. 269, Sec. 32. Effective July 3, 1984.)
  21. 53363.2.

    ## 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. )

    Verify source ↗

    If the legislative body decides to issue refunding bonds under this article, it must adopt a resolution for their issuance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53363.2. If the legislative body determines to issue refunding bonds pursuant to this article it shall adopt a resolution providing for their issuance. The resolution shall: (a) Describe the bonds being refunded and state the date on which it is anticipated that the exchange or purchase necessary to effect the refunding will occur. (b) Fix the date of the refunding bonds. (c) Designate the denomination or denominations of the refunding bonds. (d) Fix the minimum rate or rates of interest to be paid on the refunding bonds. (e) Fix the maturity dates of the refunding bonds, which shall not exceed the latest maturity date of the bonds being refunded. (f) Designate the place or places of payment of principal and interest on the refunding bonds and on the bonds to be refunded. (g) Describe the form of the refunding bonds. (h) State the designated costs of issuing the refunded bonds, as defined by Section 53363.8. (Added by Stats. 1984, Ch. 269, Sec. 33. Effective July 3, 1984.)
  22. 53363.5.

    ## 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 ↗

    Refunding bonds may be exchanged or sold, but their issuance and the handling of sale proceeds must follow this section’s 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53363.5. Any refunding bonds issued pursuant to this article may be exchanged for the bonds to be refunded on such basis as the legislative body determines is for the benefit of the district, but shall be issued in compliance with Section 53362.5. As an alternative to exchanging the refunding bonds for the bonds to be refunded, the legislative body may sell the refunding bonds at public or private sale. The proceeds of any sale of refunding bonds for cash shall be placed in the treasury of the local agency to the credit of a fund to be established for the purpose of refunding the bonds to be refunded, which fund shall be designated the “refunding fund,” and the proceeds of the sale shall be applied only as permitted by this article. The funds shall be secured and may be invested in accordance with any other laws applicable to the funds of the local agency. (Amended by Stats. 1986, Ch. 1102, Sec. 38.5. Effective September 24, 1986.)
  23. 53363.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Refunding bond issuance costs may be paid by the bond purchaser or from other legally available sources, and the legislative body determines the source. If the local agency pays from other sources, those amounts must be added to total interest cost for compliance testing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53363.7. The designated costs of issuing the refunding bonds, as defined by Section 53363.8, may be paid by the purchaser of the refunding bonds or may be paid from any other legally available source, including any available revenues of the legislative body, the proceeds of sale of the refunding bonds, the interest or other gain derived from the investment of any of the proceeds of sale of the refunding bonds, or any combination thereof, as determined by the legislative body. However, any amounts paid by the local agency other than from the proceeds of sale of the refunding bonds or from interest or other gains derived from the investment of the proceeds of sale shall be added to the total interest cost to maturity on the refunding bonds in determining whether the issuance of the refunding bonds complies with Section 53362.5. (Amended by Stats. 2007, Ch. 670, Sec. 110. Effective January 1, 2008.)
  24. 53363.8.

    ## 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. )

    Verify source ↗

    This section defines what counts as “designated costs of issuing the refunding bonds.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53363.8. For purposes of this article, the term “designated costs of issuing the refunding bonds” means any of the following costs and expenses designated by the legislative body in the resolution providing for the issuance of the refunding bonds: (a) All expenses incident to the calling, retiring, or paying of the bonds to be refunded and incident to the issuance of refunding bonds, including the charges of any agent in connection with the issuance of the refunding bonds or in connection with the redemption or retirement of the bonds to be refunded. (b) Either of the following: (1) The interest upon the refunding bonds from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (c) Any premium necessary in the calling or retiring of the bonds to be refunded. (Added by Stats. 1984, Ch. 269, Sec. 37. Effective July 3, 1984.)
  25. 53363.9.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    Refunding fund proceeds and investments must be kept in amounts sufficient to meet specified bond-payment requirements, and certain cash may be held or invested only in specified U.S. obligations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53363.9. (a) The proceeds and investments in the “refunding fund” shall be in an amount sufficient to meet either the requirements of paragraph (1) or paragraph (2) at the time of issuance of the refunding bonds, as certified by a certified public accountant licensed to practice in this state. (1) The proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount sufficient to pay the principal, interest, and redemption premiums, if any, on the refunded bonds as they become due or at designated dates prior to maturity and the designated costs of issuance of the refunding bonds. (2) The proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount sufficient to pay the principal, interest, and redemption premiums, if any, on the refunding bonds prior to the maturity of the bonds to be refunded or prior to a designated date or dates before the maturity of the bonds to be refunded, the principal and any redemption premiums due on the refunded bonds at maturity or upon that designated date or dates, and the designated costs of issuance of the refunding bonds. (b) The proceeds and any other cash in the “refunding fund” shall be held uninvested or shall be invested in noncallable obligations of, or obligations guaranteed as to principal and interest by, the United States of America or any agency or instrumentality thereof, when those obligations are backed by the full faith and credit of the United States of America, and shall be in an amount sufficient to pay the principal, interest, and redemption premiums, if any, on the refunded bonds as they become due or at designated dates prior to maturity, in which case certification of a certified public accountant licensed to practice in this state shall not be required. (Amended by Stats. 2013, Ch. 219, Sec. 9. (SB 692) Effective January 1, 2014.)
  26. 53364.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 ↗

    After refunding bonds are issued, the local agency treasurer must arrange payment of principal and interest; payments may come from the refunding fund or the redemption fund for the refunded bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53364. Following the issuance of any refunding bonds pursuant to this article, the treasurer of the local agency shall provide for the payment of principal and interest on the refunding bonds in the same manner as for the bonds being refunded. Payments on the refunding bonds may be made from the “refunding fund” or from the redemption fund established for the bonds being refunded. However, the bonds being refunded shall have a priority claim on funds in the redemption fund. (Repealed and added by Stats. 1984, Ch. 269, Sec. 40. Effective July 3, 1984.)
  27. 53364.2.

    ## 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. )

    Verify source ↗

    The legislative body may use refunding-bond savings for authorized facilities or services, and if no further facilities or services are authorized, it must use those savings to reduce 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. ) ## 53364.2. (a) If further facilities or services are authorized to be financed by the district, savings achieved through the issuance of refunding bonds may be used by the legislative body for those purposes. (b) If no further facilities or services are authorized to be financed by the district, any savings achieved through the issuance of refunding bonds shall be used by the legislative body to reduce the special taxes levied to retire outstanding bonds. (c) Savings achieved through the issuance of refunding bonds may be used pursuant to both subdivisions (a) and (b) in proportions determined by the legislative body. (d) For purposes of this section, the terms “savings achieved through the issuance of refunding bonds” means the difference between the principal and interest to maturity of the refunded bonds and the principal and interest to maturity of the refunding bonds. (e) If savings are to be used for authorized facilities, bonds may be issued that are secured by that savings. (Amended by Stats. 2007, Ch. 670, Sec. 111. Effective January 1, 2008.)
  28. 53364.5.

    ## 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 ↗

    District bonds may be made callable by legislative body resolution, and callable bonds must be marked on the bond face.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53364.5. Any bonds issued by the district may be made callable by resolution of the legislative body adopted at or prior to the time of issuing the bonds. When bonds are made callable a statement to that effect shall be set forth on the face of the bonds. Callable bonds may be redeemed on any date prior to their fixed maturity in the amounts, manner, and prices prescribed by the legislative body. (Amended by Stats. 2007, Ch. 670, Sec. 112. Effective January 1, 2008.)
  29. 53365.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 redemption notice must be mailed to the underwriter or first purchaser and the registered owners of the bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53365. Notice designating the bonds called for redemption shall be mailed to the underwriter or other first purchaser and to the registered owners of the bonds to be called by first-class mail. The notice shall be mailed not less than 30 nor more than 90 days prior to the date fixed for redemption. (Repealed and added by Stats. 1991, Ch. 1110, Sec. 33.5.)
  30. 53365.5.

    ## 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 ↗

    If redemption funds for the called bonds are available on the redemption date, interest on those bonds stops.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53365.5. If on the date fixed for redemption, the area has provided funds available for payment of the principal and interest of the bonds called, interest on the bonds shall cease. (Added by Stats. 1982, Ch. 1451, Sec. 1.)
  31. 53365.7.

    ## 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 5. Bonds [53345 - 53365.7] ( Article 5 added by Stats. 1982, Ch. 1451, Sec. 1. )

    Verify source ↗

    The legislative body may issue bond anticipation notes, but they cannot exceed the authorized bond amount and must mature within five years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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. ) ## 53365.7. (a) The legislative body may, by resolution and without the necessity of calling and holding an election, borrow money in anticipation of the sale of bonds which have been authorized pursuant to this article, but which have not been sold and delivered, issue negotiable bond anticipation notes therefor, and renew the notes from time to time. The maximum maturity of any such notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original notes. (b) The principal and interest on the notes may be paid from any money available for their payment. Any portion of the principal or interest which is due and payable shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. (c) The proceeds of notes issued pursuant to this section may be used for any purpose for which the bonds in anticipation of which the notes were issued may be used. (d) The notes shall not be issued in any amount in excess of the aggregate amount of bonds which the legislative body has been authorized to issue, less the amount of any bonds of such authorized issue which have been previously sold and less the amount of other bond anticipation notes issued previously and outstanding at that time. (e) The legislative body may, in its resolution authorizing the issuance of notes, provide that the note shall be subject to call and redemption prior to maturity, at the option of the district, at such price or prices as may be fixed in the resolution, but not to exceed a premium of 6 percent of the par value of the note so subject to redemption. The resolution shall fix the method of giving notice of redemption to the holders of notes to be redeemed and the price or prices at which the note shall be subject to redemption. Any notes that are subject to call and redemption prior to maturity shall contain a recital to that effect on their face and no note shall be subject to call or redemption prior to its fixed maturity date unless it contains that recital. (f) The notes shall be issued and sold in the same manner as the bonds. (g) The notes and the resolution or resolutions authorizing the same may contain any provisions, conditions, or limitations which a resolution of the legislative body authorizing the issuance of bonds may contain. (h) The legislative body shall, in its resolution authorizing the issuance of notes, provide a remedy if the anticipated bonds cannot be sold at the time or in the amount specified in the resolution, or if any default occurs with respect to the notes. Any remedy which is so provided shall limit the obligations of property owners within the community facilities district to the special tax authorized and levied pursuant to this chapter, except that the legislative body may enter into an agreement with any of the property owners within the district pledging some or all of the real property of those property owners who are a party to the agreement as additional security for the notes. The legislative body may authorize the levy of a supplemental special tax in an amount sufficient to secure a note issued pursuant to this section, if that special tax is fully described as to the rate, method of apportionment, and conditions under which it may be levied in the resolution of intention prepared pursuant to Section 53321. This special tax shall be subject to the procedures and voting requirements for any special tax levied under the authority of this chapter. (Added by Stats. 1984, Ch. 269, Sec. 42. Effective July 3, 1984.)
  32. 53368.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including city, county, districts, and governing boards.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. ) ## 53368. Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this article. (a) “City” means any city, including a chartered city. (b) “County” means any county of the state. (c) “Districts” means community facilities districts created pursuant to this chapter. (d) “Governing boards” means, in the case of the county, the board of supervisors of the county and, in the case of the city, the city council of the city. (Added by Stats. 1994, Ch. 165, Sec. 1. Effective January 1, 1995.)
  33. 53368.1.

    ## 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. )

    Verify source ↗

    A district’s governance can be transferred from a county to a city by written agreement and satisfaction of required conditions. After transfer, the city’s governing board becomes the body exercising authority over the district, the district’s legal name must be updated from “County of ____” to “City of ____,” and the county side is not liable for later actions concerning 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. ) ## 53368.1. Notwithstanding any other provision of law, the authority for the governance of one or more districts may be transferred from the jurisdiction of a county to the jurisdiction of a city upon written agreement entered into between the governing boards of the county and the city and satisfaction of any conditions contained in the agreement and the conditions to transfer contained in Section 53368.2. (a) The legislative body empowered pursuant to this chapter to exercise all authority over the district shall be the governing board of the city. (b) The legal name of the district shall be changed so that the words “County of ____” are deleted therefrom and replaced by the words “City of ____.” (c) Neither a county nor any of its officers, members, employees, or agents shall bear any liability for any action taken with regard to the district on or after the effective date of the transfer of jurisdiction. (Added by Stats. 1994, Ch. 165, Sec. 1. Effective January 1, 1995.)
  34. 53368.2.

    ## 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. )

    Verify source ↗

    A transfer of jurisdiction from a county board to a city board is effective only if several recording, notice, policy, bond, and consent steps have been completed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. ) ## 53368.2. The transfer of jurisdiction of a district from the governing board of the county to the governing board of the city shall be effective only if the following shall have occurred: (a) An amended boundary map shall have been recorded with respect to the district with the county recorder in conformity with this subdivision. The amended map shall comply with the requirements of Section 3110 of the Streets and Highways Code, except that the word “proposed” shall not appear on the face of the map and the date and number of the resolution referred to in paragraph (2) of subdivision (b) of Section 3110 shall be the date and number of the resolution adopted by the governing board of the city authorizing the transfer. The amended boundary map shall include on its face the new name of the district and a statement to the effect that it amends the boundary map for (here insert original name or number of district or both the name and number of district, together with county), State of California, prior recorded at book ____ of maps of assessment and community facilities districts at page ____ in the office of the county recorder for the County of ____, State of California. The county recorder shall endorse, file, and cross-index the amended boundary map in accordance with Section 3113 of the Streets and Highways Code. (b) An amended notice of special tax lien shall be recorded with the county recorder in the form required by Section 3114.5 of the Streets and Highways Code which shall reference the original notice which it is amending; provided, however, that the notice shall state the amended name of the district, reference the amended boundary map filed in accordance with subdivision (a) and the names of the owners and the list of assessor’s parcel numbers to be appended to the amended notice shall be the list that was attached to the original notice of special tax lien that was filed with respect to the district. The county recorder shall record the amended notice of special tax lien, endorse it, and index it, as further provided in Section 3114.5 of the Streets and Highways Code. The provisions of Section 3115.5 of the Streets and Highways Code shall apply to the amended notice of special tax lien as if it were a notice of special tax lien recorded pursuant to Section 3114.5 of the Streets and Highways Code. (c) The clerk of the governing board of the city shall have mailed notice to each property owner within the district as set forth on the latest secured assessment roll of the county, which notice shall state the amended name of the district, the effective date of the transfer of jurisdiction, the name and telephone number of the person or office at the city that will be responsible for annually preparing the current roll of special tax levy, as required by subdivision (a) of Section 53340.2, and from whom the notice specified in subdivision (b) of Section 53340.2 and other information regarding the district may be obtained. (d) The city shall have adopted policies as required by Section 53312.7. (e) For a district with outstanding bonded indebtedness, replacement bonds stating that the transfer of jurisdiction is being made in accordance with this article shall have been executed and delivered by the governing board of the city and delivered to the fiscal agent for the bonds. (f) The governing board of the county shall have adopted a resolution granting its final consent to the transfer of jurisdiction for the district. (Added by Stats. 1994, Ch. 165, Sec. 1. Effective January 1, 1995.)
  35. 53368.3.

    ## 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. )

    Verify source ↗

    This section says the article, a jurisdiction transfer, or missing notice to a property owner does not affect existing special tax liens, their priority, pledged special-tax or revenue repayments for bonds, or a district bond’s validity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 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 6. Transfer of Community Facilities Districts [53368 - 53368.3] ( Article 6 added by Stats. 1994, Ch. 165, Sec. 1. ) ## 53368.3. Neither the enactment of this article nor any action taken pursuant hereto with respect to the transfer of jurisdiction of a district, nor the failure of any property owner to receive notice as provided in subdivision (c) of Section 53368.2, shall in any way impair any existing special tax lien, the priority thereof, any pledge of special taxes or other revenues to the repayment of any bonds or the validity of any bonds of a district. (Added by Stats. 1994, Ch. 165, Sec. 1. Effective January 1, 1995.)
  36. 53369.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The Legislature states its intent to create a long-term program giving local governments tools and resources for listed public purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369. It is the intent of the Legislature in enacting this chapter to establish a long-term permanent program that provides local governments with tools and resources for specified purposes, including, but not limited to, public infrastructure, affordable housing, economic development and job creation, and environmental protection and remediation, in a manner that encourages local cooperation and includes appropriate protections for state and local taxpayers. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  37. 53369.1.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    This section defines key terms for infrastructure and revitalization financing districts and says the legislative body does not have to gather extra ownership information for land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.1. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity” means any governmental taxing agency that levied or had levied on its behalf a property tax on all or a portion of the property located in the proposed district in the fiscal year prior to the designation of the district, but not including any county office of education, school district, or community college district. (b) “City” means a city, county, city and county, or joint powers authority, where that entity is acting as the military base reuse authority established pursuant to Title 7.86 (commencing with Section 67800). (c) “Debt” means any binding obligation to 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. (d) “Designated official” means the city engineer or other appropriate official designated pursuant to Section 53369.13. (e) (1) “District” means an infrastructure and revitalization financing district. (2) An infrastructure and revitalization financing district is a “district” within the meaning of Section 1 of Article XIII A of the California Constitution. (f) “Infrastructure and revitalization financing district” means a legally constituted governmental entity established pursuant to this chapter for the sole purpose of financing facilities authorized by this chapter. (g) “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 does not have any obligation to obtain other information as to the ownership of 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 the public agency owns all of the land to be included within the proposed district. (h) “Legislative body” means the city council, board of supervisors, or joint powers authority that is acting as the military base reuse authority established pursuant to Title 7.86 (commencing with Section 67800). (i) “Project area” means a defined area within a district in which the activities of the district share a common purpose or goal and an overall financing plan. (j) “Public works” means public facilities or any other facilities described in Section 53369.3 that are to be financed in whole or in part by the district. (k) “Net available revenue” means periodic distributions to the city from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund, prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten or grades 1 to 12, inclusive, or a community college district, or the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  38. 53369.10.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A city legislative body may designate proposed infrastructure revitalization financing districts and must start the district-establishment process by adopting a resolution of intention.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.10. A legislative body of a city may designate one or more proposed infrastructure revitalization financing districts pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that an infrastructure revitalization financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district and any project area proposed within the district, which may be accomplished by reference to a map on file in the office of the clerk of the city. (b) State the type of facilities proposed to be financed by the district. The district may only finance facilities authorized by Section 53369.3. (c) State that incremental property tax revenue from the city and some or all affected taxing entities within the district may be used to finance these facilities. (d) State that net available revenue from the city may be used to finance these facilities and state the maximum portion of the net available revenue to be committed to the district for each year during which the district will receive these revenues. (e) Fix a time and place for a public hearing on the proposal. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  39. 53369.11.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must mail a copy of the resolution of intention to create the district to each owner of land 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.11. The legislative body shall cause a copy of the resolution of intention to create the district to be mailed to each owner of land within the district. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  40. 53369.12.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must mail a copy of the resolution to each affected taxing entity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.12. The legislative body shall cause a copy of the resolution to be mailed to each affected taxing entity. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  41. 53369.13.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    After a resolution is adopted under Section 53369.10, the legislative body must designate and direct the city engineer or another appropriate official to prepare an infrastructure 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.13. After adopting the resolution pursuant to Section 53369.10, the legislative body shall designate and direct the city engineer or other appropriate official to prepare an infrastructure plan pursuant to Section 53369.14. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  42. 53369.14.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    After receiving the resolution of intention, the designated official must prepare an infrastructure financing plan that matches the city’s general plan and includes specific required 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.14. After receipt of a copy of the resolution of intention to establish a district, the official designated pursuant to Section 53369.13 shall prepare a proposed infrastructure financing plan. The infrastructure financing plan shall be consistent with the general plan of the city within which the district is located and shall include all of the following: (a) A map and legal description of the proposed district, which may include all or a portion of the district designated by the legislative body in its resolution of intention. (b) A description of the facilities required to serve the development proposed in the area of the district including those to be provided by the private sector, those to be provided by governmental entities without assistance under this chapter, those improvements and facilities to be financed with assistance from the proposed district, and those to be provided jointly. The description shall include the proposed location, timing, and costs of the improvements and facilities. (c) A finding that the facilities are of communitywide significance. (d) A financing section, which shall contain all of the following information: (1) A specification of the maximum portion of the incremental tax revenue of the city and of each affected taxing entity proposed to be committed to the district for each year during which the district will receive incremental tax revenue. The portion need not be the same for all affected taxing entities. The portion may change over time. (2) A projection of the amount of tax revenues expected to be received by the district in each year during which the district will receive tax revenues, including an estimate of the amount of tax revenues attributable to each affected taxing entity proposed to be committed to the district for each year. If applicable, the plan shall also include a specification of the maximum portion of the net available revenue of the city proposed to be committed to the district for each year during which the district will receive revenue. The portion may vary over time. (3) A plan for financing the facilities to be assisted by the district, including a detailed description of any intention to incur debt. (4) A limit on the total number of dollars of taxes that may be allocated to the district pursuant to the plan. (5) A date on which the district shall cease to exist, by which time all tax allocation, including any allocation of net available revenue, to the district will end. The date shall not be more than 40 years from the date on which the ordinance forming the district is adopted pursuant to Section 53369.23, or a later date, if specified by the ordinance, on which the allocation of tax increment will begin. The district may issue debt with a final maturity date of up to 30 years from the date of issuance of each debt issue, subject to the time limit on tax allocation to the district. (6) An analysis of the costs to the city of providing facilities and services to the area of the district while the area is being developed and after the area is developed. The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the city as a result of expected development in the area of the district. (7) An analysis of the projected fiscal impact of the district and the associated development upon each affected taxing entity that is proposed to participate in financing the district. (8) A plan for financing any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of that district and qualifies for the Transit Priority Project Program, pursuant to Section 65470, including any permit and affordable housing expenses related to the project. (e) If any dwelling units occupied by persons or families of low or moderate income are proposed to be removed or destroyed in the course of private development or facilities construction within the area of the district, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53369.6. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  43. 53369.15.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The infrastructure financing plan must be sent to listed recipients and made available for public inspection.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.15. The infrastructure financing plan shall be sent to each owner of land within the proposed district and to each affected taxing entity together with any report required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that pertains to the proposed facilities or the proposed development project for which the facilities are needed, and shall be made available for public inspection. The report shall also be sent to the planning commission and the legislative body. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  44. 53369.16.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The designated official must consult each affected taxing entity and must meet with its representatives if requested. Any affected taxing entity may suggest revisions to the 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.16. The designated official shall consult with each affected taxing entity, and, at the request of any affected taxing entity, shall meet with representatives of an affected taxing entity. Any affected taxing entity may suggest revisions to the plan. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  45. 53369.17.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must hold a public hearing before adopting the proposed infrastructure financing plan, and give public notice in the required way.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.17. The legislative body shall conduct a public hearing prior to adopting the proposed infrastructure financing plan. The public hearing shall be called no sooner than 60 days after the plan has been sent to each affected taxing entity. In addition to the notice given to landowners and affected taxing entities pursuant to Sections 53369.11 and 53369.12, notice of the public hearing shall be given by publication not less than once a week for four successive weeks in a newspaper of general circulation published in the city in which the proposed district is located. The notice shall state that the district will be used to finance public works, briefly describe the public works, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed district and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the legislative body and object to the adoption of the proposed plan by the legislative body. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  46. 53369.18.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must hear and decide written and oral objections at the noticed time, consider recommendations and evidence, and it may continue the hearing or modify the 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.18. At the hour set in the required notices, the legislative body shall proceed to hear and pass upon all written and oral objections. The hearing may be continued from time to time. The legislative body shall consider the recommendations, if any, of affected taxing entities, and all evidence and testimony for and against the adoption of the plan. The legislative body may modify the plan by eliminating or reducing the size and cost of proposed public works, by reducing the amount of proposed debt, or by reducing the portion, amount, or duration of incremental tax revenues to be committed to the district. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  47. 53369.19.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body may not pass a resolution to form the district and divide taxes unless the affected taxing entities have already approved the plan and filed those approvals by the hearing 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.19. (a) The legislative body shall not enact a resolution proposing formation of a district and providing for the division of taxes of any affected taxing entity pursuant to Article 3 (commencing with Section 53369.30), unless a resolution approving the plan has been adopted by the governing body of each affected taxing entity which is proposed to be subject to division of taxes pursuant to Article 3 (commencing with Section 53369.30) has been filed with the legislative body at or prior to the time of the hearing. (b) In the case of an affected taxing entity that is a special district that provides fire protection services and where the county board of supervisors is the governing authority or has appointed itself as the governing board of the district, the plan shall be adopted by a separate resolution approved by the district’s governing authority or governing board. (c) This section shall not be construed to prevent the legislative body from amending its infrastructure financing plan and adopting a resolution proposing formation of the infrastructure revitalization financing district without allocation of the tax revenues of any affected taxing entity which has not approved the infrastructure financing plan by resolution of the governing body of the affected taxing entity. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  48. 53369.2.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    This section lets district revenues be used, accumulated up to five years, pledged for certain bonds, and advanced or committed for allowable district purposes. It also lets the legislative body enter agreements with affected taxing entities for facilities financing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.2. (a) The revenues available pursuant to Article 3 (commencing with Section 53369.30) may be used directly for work allowed pursuant to Section 53369.3, may be accumulated for a period not to exceed five years to provide a fund for that work, may be pledged to pay the principal of, and interest on, bonds issued pursuant to Article 4 (commencing with Section 53369.40), or may be pledged to pay the principal of, and interest on, bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)), the proceeds of which have been or will be used entirely for allowable purposes of the district. The revenue of the district may also be advanced for allowable purposes of the district to an Integrated Financing District established pursuant to Chapter 1.5 (commencing with Section 53175), in which case the district may be party to a reimbursement agreement established pursuant to that chapter. The revenues of the district may also be committed to paying for any completed facility acquired pursuant to Section 53369.3 over a period of time, including the payment of a rate of interest not to exceed the bond buyer index rate on the day that the agreement to repay is entered into by the city. (b) The legislative body may enter into an agreement with any affected taxing entity providing for the construction of, or assistance in, financing facilities. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  49. 53369.20.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    This section lets the legislative body move forward with formation of an infrastructure revitalization financing district, then requires a vote of the qualified electors or landowners and sets election timing and ballot-handling steps.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.20. (a) At the conclusion of the hearing, the legislative body may adopt a resolution proposing adoption of the infrastructure financing plan, as modified, and formation of the infrastructure revitalization financing district in a manner consistent with Section 53369.19, or it may abandon the proceedings. If the legislative body adopts a resolution proposing formation of the district, it shall then submit the proposal to create the district to the qualified electors of the proposed 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, 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. The 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 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) If at least 12 persons have been registered to vote within the territory of the proposed district for each of the 90 days preceding the close of the hearing, the vote shall be by the registered voters of the proposed district, who need not necessarily be the same persons, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each landowner who is the owner of record 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 district. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. (c) 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, which shall be exclusive proof of mailing in the absence of fraud. The voted ballots shall be returned to the election official 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 shall be closed. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  50. 53369.21.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    Election rules for this chapter generally follow the local agency’s election laws, and ballot materials must include specified analyses and arguments unless waived in a landowner vote with unanimous consent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.21. (a) Except as otherwise provided in this chapter, laws 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 or 9280 of the Elections Code, 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. (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. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  51. 53369.22.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    If a mail ballot election is held, the election official must provide ballots, election materials, supplies, and instructions. The return envelope for mail ballots in landowner elections must include specified identifying information and notices.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.22. (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 pursuant to paragraph (3). (7) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  52. 53369.23.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body may adopt the infrastructure financing plan and create the district by ordinance if two-thirds of the votes favor creating 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.23. After the canvass of returns of any election pursuant to Section 53369.20, the legislative body may, by ordinance, adopt the infrastructure financing plan and create the district with full force and effect of law, if two-thirds of the votes upon the question of creating the district are in favor of creating the district. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  53. 53369.24.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    If the district-creation question fails to get two-thirds approval, the legislative body must not take further action on the proposed infrastructure revitalization financing district 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.24. After the canvass of returns of any election conducted pursuant to Section 53369.20, the legislative body shall take no further action with respect to the proposed infrastructure revitalization financing district for one year from the date of the election if the question of creating the district fails to receive approval of two-thirds of the votes cast upon the question. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  54. 53369.25.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body may submit a proposition to voters to establish or change a 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.25. 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 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 cost of living 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. Any election held pursuant to this section may be combined with any election held pursuant to Section 53369.20 in any convenient manner. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  55. 53369.26.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must post an annual report on its website by June 30 each year after an infrastructure financing plan is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Revitalization Financing District Plans [53369.10 - 53369.26] ( Article 2 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.26. No later than June 30 of each year after the adoption of an infrastructure financing plan, the legislative body shall post an annual report in an easily identifiable and accessible location on the legislative body’s Internet Web site. The annual report shall contain all of the following: (a) A summary of the district’s expenditures. (b) A description of the progress made toward the district’s adopted goals. (c) An assessment of the status regarding completion of the district’s projects. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  56. 53369.3.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A district may finance certain communitywide projects and related work, but it cannot finance routine maintenance or ongoing operating 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.3. (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer which satisfies the requirements of subdivision (b), (2) planning and design work that is directly related to the purchase, construction, expansion, improvement, rehabilitation, or seismic retrofit of that property, and (3) the costs described in Sections 53369.6 and 53369.31. The facilities need not be physically located within the boundaries of the district. A district may not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind. (b) The district shall finance only facilities or projects of communitywide significance, including, but not limited to, any of the following: (1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities. (2) Sewage treatment and water reclamation plants and interceptor pipes. (3) Facilities and watershed lands used for the collection and treatment of water for urban uses. (4) Flood management, including levees, bypasses, dams, retention basins, and drainage channels. (5) Child care facilities. (6) Libraries. (7) Parks, recreational facilities, open space, and habitat restoration. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (9) Brownfields restoration and other environmental mitigation. (10) Purchase of land and property for development purposes and related site improvements. (11) Acquisition, construction, or repair of housing for rental or purchase, including multipurpose facilities. (12) Acquisition, construction, or repair of commercial or industrial structures for private use. (13) The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district. (c) Any district that constructs dwelling units shall set aside not less than 20 percent of those units to increase and improve the community’s supply of low- and moderate-income housing available at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or at an affordable rent, as defined by Section 50053 of the Health and Safety Code, to persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code. (d) A district may utilize any powers under the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code), and finance any action necessary to implement that act. (e) A district may finance any project that implements a sustainable communities strategy prepared pursuant to Section 65080. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  57. 53369.30.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53369.30 - 53369.31] ( Article 3 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    An infrastructure financing plan may include a tax-division provision for an infrastructure revitalization financing district, and certain tax amounts must be allocated and paid 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53369.30 - 53369.31] ( Article 3 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.30. Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the infrastructure revitalization financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the ordinance adopted pursuant to Section 53369.23 to create the district, shall be divided, subject to the provisions of Section 53993, as follows: (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the ordinance adopted pursuant to Section 53369.23 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid. (b) That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city and each affected taxing entity which has agreed to participate pursuant to Section 53369.19 in excess of the amount specified in subdivision (a) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in subdivision (a), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid. (Amended by Stats. 2016, Ch. 49, Sec. 1. (SB 975) Effective January 1, 2017.)
  58. 53369.31.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53369.30 - 53369.31] ( Article 3 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A district must pay all county costs tied to dividing taxes under Section 53369.30.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53369.30 - 53369.31] ( Article 3 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.31. All costs incurred by a county in connection with the division of taxes pursuant to Section 53369.30 for a district shall be paid by that district. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  59. 53369.4.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A city may form a district to finance projects on a former military base, and a district formed under this section may finance a project only if it fits the authority reuse plan and, if applicable, is approved by the military base reuse authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.4. (a) A city may form a district to finance a project or projects on a former military base pursuant to the requirements set forth in this chapter. (b) A district formed under this section may finance a project pursuant to this section or Section 53369.3 only if the project is consistent with the authority reuse plan and is approved by the military base reuse authority, if applicable. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  60. 53369.40.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body may start bond-issuance proceedings if it votes by majority and adopts a resolution stating that intent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.40. The legislative body may, by majority vote, initiate proceedings to issue bonds pursuant to this chapter by adopting a resolution stating its intent to issue the bonds. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  61. 53369.41.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A resolution adopted under Section 53369.40 must include specified details about the proposed bond issue.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.41. The resolution adopted pursuant to Section 53369.40 shall contain all of the following information: (a) A description of the facilities to be financed with the proceeds of the proposed bond issue. (b) The estimated cost of the facilities, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance. (c) The maximum interest rate and discount on the proposed bond issuance. (d) The date of the election on the proposed bond issuance and the manner of holding the election. (e) A determination of the amount of tax revenue available or estimated to be available, for the payment of the principal of, and interest on, the bonds. (f) A finding that the amount necessary to pay the principal of, and interest on, the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subdivision (e). (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  62. 53369.42.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The clerk of the legislative body must publish the resolution in a newspaper for the stated period, or post it in three public places if no qualifying newspaper exists.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.42. The clerk of the legislative body shall publish the resolution adopted pursuant to Section 53369.40 once a day for at least seven successive days in a newspaper published in the city or county at least six days a week, or at least once a week for two successive weeks in a newspaper published in the city or county less than six days a week. If there are no newspapers meeting these criteria, the resolution shall be posted in three public places within the territory of the district for two succeeding weeks. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  63. 53369.43.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body must submit the bond proposal to district voters.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.43. The legislative body shall submit the proposal to issue the bonds to the voters who reside within the district. The election shall be conducted in the same manner as the election to create the district pursuant to Section 53369.20 and the two elections may be consolidated. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  64. 53369.44.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    Bonds may be issued only if two-thirds of voters voting on the proposition approve authorizing 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.44. (a) Bonds may be issued only if two-thirds of the voters voting on the proposition vote in favor of authorizing the issuance of the bonds. (b) If the voters authorize the issuance of the bonds as provided by subdivision (a), the legislative body may subsequently proceed with the issuance of the bonds by adopting a resolution which shall provide for all of the following: (1) The issuance of the bonds in one or more series. (2) The principal amount of the bonds, which shall be consistent with the amount specified in subdivision (b) of Section 53369.41. (3) The date the bonds will bear. (4) The date of maturity of the bonds. (5) The denomination of the bonds. (6) The form of the bonds. (7) The manner of execution of the bonds. (8) The medium of payment in which the bonds are payable. (9) The place or manner of payment and any requirements for registration of the bonds. (10) The terms of call or redemption, with or without premium. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  65. 53369.45.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    If voters defeat a proposition submitted under this chapter, the legislative body may not submit a similar proposition for at least one year after the first 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.45. If any proposition submitted to the voters pursuant to this chapter is defeated by the voters, the legislative body shall not submit, or cause to be submitted, a similar proposition to the voters for at least one year after the first election. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  66. 53369.46.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body may approve refunding bonds by majority vote, but only within a net-interest-cost limit, and it may not extend the bonds’ maturity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.46. The legislative body may, by majority vote, provide for refunding of bonds issued pursuant to this chapter. However, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded. The legislative body may not extend the time to maturity of the bonds. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  67. 53369.47.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    The legislative body or anyone who executes the bonds is not personally liable because the bonds are issued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.47. The legislative body or any person executing the bonds shall not be personally liable on the bonds by reason of their issuance. The bonds and other obligations of a district issued pursuant to this chapter are not a debt of the city, county, or state or of any of its political subdivisions, other than the district, and none of those entities, other than the district, shall be liable on the bonds and the bonds or obligations shall be payable exclusively from funds or properties of the district. The bonds shall contain a statement to this effect on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  68. 53369.48.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    Bonds under this section may be sold at a discount of up to 5% of par, with notice required at least five days before a public sale; certain private sales to the federal government may be made at no less than par.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.48. (a) The bonds may be sold at discount not to exceed 5 percent of par at a negotiated or public sale. At least five days prior to a public sale, notice shall be published, pursuant to Section 6061, in a newspaper of general circulation and in a financial newspaper published in the City and County of San Francisco and in the City of Los Angeles. The bonds may be sold at not less than par to the federal government at private sale without any public advertisement. (b) Any negotiated sale of bonds pursuant to this section shall be limited to bond issuances of an infrastructure and revitalization financing district that do not exceed five million dollars ($5,000,000). (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  69. 53369.49.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A bond signature stays effective even if the signer leaves office before delivery, and bonds issued under this chapter are fully negotiable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53369.40 - 53369.49] ( Article 4 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.49. If any member of the legislative body whose signature appears on bonds ceases to be a member of the legislative body before delivery of the bonds, his or her signature is as effective as if he or she had remained in office. Bonds issued pursuant to this chapter are fully negotiable. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  70. 53369.5.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A district may finance only authorized facilities or services and must not replace existing ones except in limited 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.5. (a) A district may finance only the facilities or services authorized in this chapter. The additional facilities or services may not supplant facilities or services already available within that territory when the district was created, except if those facilities or services are essentially nonfunctional, obsolete, hazardous, or in need of upgrading or rehabilitation. The additional facilities or services may supplement those facilities and services as needed to serve new developments. (b) A district may include areas that are not contiguous. A district may be divided into project areas, each of which may be subject to distinct limitations established under this chapter. The legislative body may, at any time, add territory to a district or amend the infrastructure financing plan for the district by conducting the same procedures for the formation of a district or approval of bonds, if applicable, as provided pursuant to this chapter. (c) Any district may finance any project or portion of a project that is located in, or overlaps with, any redevelopment project area or former redevelopment project area or former military base, inclusively referred to as “overlapping.” In the case of overlapping, the successor agency to the former redevelopment agency shall receive a finding of completion, as described in Section 34179.7 of the Health and Safety Code, prior to the district financing any project or portion of a project in the overlapping area. (d) Notwithstanding subdivision (c), any debt or obligation of a district shall be subordinate to an enforceable obligation of a former redevelopment agency, as defined in Section 34171 of the Health and Safety Code. For purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (b) of Section 53369.30 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code. (e) The legislative body of the city forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53369.14. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  71. 53369.6.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    If dwelling units are removed or destroyed in a district, the legislative body must replace them, provide relocation assistance, and keep displaced low- or moderate-income residents housed before removal.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.6. It is the intent of the Legislature that the establishment of a district should not ordinarily lead to the removal of existing functional, habitable, and safe dwelling units. If, however, any dwelling units are proposed to be removed or destroyed in the course of private development or facilities construction within the area of the district, the legislative body shall do all of the following: (a) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons or families of low or moderate income, of an equal number of replacement dwelling units at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, within the territory of the district if the dwelling units removed were inhabited by persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (b) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons of low or moderate income, a number of dwelling units which is at least one unit but not less than 20 percent of the total dwelling units removed at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, within the territory of the district if the dwelling units removed or destroyed were not inhabited by persons of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (c) In the case of dwelling units located on a former military base that are destroyed or removed in connection with a base reuse plan, replacement dwelling units required by subdivision (a) or (b) may be located anywhere within the territory of the former military base consistent with the base reuse plan, local general plan, and infrastructure financing plan, as applicable. (d) Provide relocation assistance and make all the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, to persons displaced by any public or private development occurring within the territory of the district. This displacement shall be deemed to be the result of public action. (e) Ensure that removal or destruction of any dwelling units occupied by persons or families of low or moderate income not take place unless and until there are suitable housing units, at comparable cost to the units from which the persons or families were displaced, available and ready for occupancy by the residents of the units at the time of their displacement. The housing units shall be suitable to the needs of these displaced persons or families and shall be decent, safe, sanitary, and otherwise standard dwellings. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  72. 53369.7.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    A challenge to creating the district, approving the financing plan, dividing taxes, or holding the election must be filed within 30 days after the ordinance creating the district is enacted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.7. Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of an infrastructure financing plan, including a division of taxes thereunder, or an election pursuant to this chapter shall be commenced within 30 days after the enactment of the ordinance creating the district pursuant to Section 53369.23. Consistent with the time limitations of this section, such an action or proceeding with respect to a division of taxes under this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that Section 869 of the Code of Civil Procedure shall not apply. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  73. 53369.8.

    ## 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 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. )

    Verify source ↗

    Bond validity actions may be filed under civil procedure Chapter 9, but an interested person’s action must be started within 30 days after the bond-resolution is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.6. Infrastructure and Revitalization Financing Districts [53369 - 53369.49] ( Chapter 2.6 added by Stats. 2014, Ch. 775, Sec. 1. ) ## ARTICLE 1. General Provisions [53369 - 53369.8] ( Article 1 added by Stats. 2014, Ch. 775, Sec. 1. ) ## 53369.8. An action to determine the validity of the issuance of bonds pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, the action shall be commenced within 30 days after adoption of the resolution pursuant to Section 53369.44 providing for issuance of the bonds if the action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure. Any appeal from a judgment in that action or proceeding shall be commenced within 30 days after entry of judgment. (Added by Stats. 2014, Ch. 775, Sec. 1. (AB 229) Effective January 1, 2015.)
  74. 53370.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    This chapter is called the Community Rehabilitation District Law of 1985, and it may be cited by that name.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53370. This chapter shall be known and may be cited as the Community Rehabilitation District Law of 1985. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  75. 53370.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    This provision says the chapter’s purpose is to create a way to finance rehabilitation, renovation, repair, or restoration of existing public facilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53370.3. The purpose of this chapter is to provide a method of financing the rehabilitation, renovation, repair, or restoration of existing public facilities. This chapter does not affect or limit any other provisions of law authorizing or providing for the rehabilitation, renovation, repair, or restoration of public facilities or the raising of revenue for those purposes. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  76. 53370.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    The Legislature states that California needs well-maintained public works and that many public works and local public facilities need rehabilitation, replacement, and financing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53370.7. The Legislature finds and declares all of the following: (a) California’s economy and the well-being of its citizens depend on maintaining a framework of essential public works in fit condition. (b) Many California public works have been undermaintained or are simply old enough to require rehabilitation or replacement. (c) Many local governments do not have a viable means of financing needed rehabilitation and replacement of their public facilities and the creation of a suitable financing mechanism is essential. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  77. 53371.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    This chapter must be interpreted broadly to carry out its purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53371. This chapter shall be liberally construed in order to effectuate its purposes. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  78. 53371.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    This section defines key terms used in 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 1. General [53370 - 53371.3] ( Article 1 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53371.3. Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: (a) “Clerk” means the clerk of the legislative body of the city or county in which the district or proposed district is located. (b) “County” means a county or a city and county. (c) “District” means a community rehabilitation district created pursuant to this chapter. (d) “Legislative body” means the city council in the case of a city or the board of supervisors in the case of a county or a city and county. (e) “Public capital facilities” means publicly owned facilities with a useful life of five years or more and include, but are not limited to, the facilities described in Section 53380.7. (f) “Rehabilitation” means rehabilitation, renovation, repair, restoration, replacement, enlargement, modernization, or relocation. (Amended by Stats. 1986, Ch. 652, Sec. 1.)
  79. 53373.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A legislative body may start district formation by adopting a resolution of intention, and that resolution must include several specified statements and set a public 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53373. Proceedings for the establishment of a district may be initiated by the legislative body by adopting a resolution of intention to establish a district. The resolution shall do all of the following: (a) State that a district is proposed to be established pursuant to this chapter and describe the boundaries of the territory proposed for inclusion in the district. (b) State the name proposed for the district. (c) State the type or types of public facilities to be rehabilitated by the district. The resolution shall describe the conditions of the public facilities that require rehabilitation, and shall generally describe the scope of work proposed to be done. (d) State that property tax revenues, other taxes, charges, fees, assessments, or other levies imposed on those residing within the district will be utilized to fund the works and operations of the district. (e) State the amount and type of any bonds to be issued by the district. (f) State that the legislative body will serve as ex officio directors of the district. (g) 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. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  80. 53373.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district and a project area cannot be created if their boundaries overlap.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53373.3. A district shall not be created with boundaries that overlap the boundaries of any project area established within the boundaries of a redevelopment agency created pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code. A project area shall not be created with boundaries that overlap the boundaries of a district. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  81. 53373.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    The clerk of the legislative body must publish notice of the public hearing on district establishment once a week for four weeks, and the publication must be finished at least seven days before the 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53373.7. (a) The clerk of the legislative body shall publish a notice of the time and place for the public hearing on the establishment of the district once a week for four successive weeks 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 of the resolution of intention adopted pursuant to Section 53373. (2) The time and place of the hearing. (3) A statement that at the hearing the testimony of all interested persons for or against the establishment of the district or any of the proposed works or operations of the district, or any charges, fees, taxes, or assessments to be levied by the proposed district, will be heard. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  82. 53374.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    If a district plans to levy an assessment, levy a special tax, or issue bonds under the cited subdivision, required notices, hearings, and protest opportunities may be combined with the notice under Section 53373.7 and the hearing under Section 53374.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53374. If the district proposes to levy an assessment or a special tax or issue bonds in accordance with subdivision (j) of Section 53382 any notices, hearings, and protest opportunities required by any of the principal acts listed in subdivision (j) of Section 53382 may be combined with the notice required to be given pursuant to Section 53373.7 and the hearing held by the legislative body pursuant to Section 53374.3. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  83. 53374.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    At the hearing, interested persons may testify, certain city or county officials must testify, written protests must be filed on time, and the legislative body may correct minor defects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53374.3. At the hearing, testimony may be presented by all interested persons in support of, or in opposition to, the establishment of the district, the extent of the district, the proposed rehabilitation program, or the proposed method of financing that rehabilitation program. The city or county officials responsible for the construction or maintenance of the public facilities proposed for rehabilitation shall testify with respect to the need for rehabilitation, the scope of rehabilitation required, and the cost of performing the rehabilitation. 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 any objection is made. All written protests shall be filed with the clerk of the legislative body on or before the time fixed for the hearing. The legislative body may correct minor defects in the proceedings at the hearing. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  84. 53374.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    The legislative body may abandon a proposed district or establish it after the hearing if it makes the required findings, and the hearing must be completed within 30 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53374.7. 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 do either of the following: (a) Abandon the proposed establishment of the district. (b) Determine to establish the district if it makes all of the following findings: (1) That clear evidence exists, with respect to each public facility proposed for rehabilitation, that the facility has deteriorated to the point of significantly reduced performance, that there is a reasonable likelihood of damage to private or public property or a reasonable likelihood that significant damage will occur to the facility itself if rehabilitation does not occur promptly, or that the facility presents a danger to the health or safety of public employees or to the public. (2) That clear evidence exists, with respect to each new public capital facility proposed for construction, that the facility is needed as a component of a program to rehabilitate the public works of the district or to rehabilitate a related system of public works within the district. (3) The proposed rehabilitation program is consistent with the general plan of the jurisdiction and any specific plans that apply to the territory included within the district. (4) That the public facility or the portion of the public facility proposed for rehabilitation, is located within the jurisdiction of the city or county, or that the city or county has entered into a joint powers agreement with other cities or counties, or both, to participate in the rehabilitation of the facility. (Amended by Stats. 1989, Ch. 104, Sec. 1.)
  85. 53375.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    If the legislative body decides to proceed with establishing the district, it must adopt an ordinance creating 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 2. Formation of District [53373 - 53375] ( Article 2 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53375. If the legislative body determines to proceed with establishing the district, the legislative body shall adopt an ordinance establishing the district. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  86. 53378.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 3. Appointment of Board Members [53378- 53378.] ( Article 3 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    If the legislative body adopts an ordinance to establish a district under Section 53375, it serves as the district’s ex officio directors.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 3. Appointment of Board Members [53378- 53378.] ( Article 3 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53378. If the legislative body adopts an ordinance to establish a district pursuant to Section 53375, the legislative body shall serve as ex officio directors of the district. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  87. 53380.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district’s territorial jurisdiction is limited by who created it: county-created districts may cover only unincorporated county territory, while city or city-and-county-created districts cover territory within the creator’s territorial limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53380. The territorial jurisdiction of a district created by a county may only include area within the unincorporated territory in the county, and the territorial jurisdiction of a district created by a city or a city and county is the territory within its territorial limits. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  88. 53380.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    The powers of each district are vested in the legislative body that establishes 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53380.3. The powers of each district are vested in the legislative body which establishes the district. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  89. 53380.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district may rehabilitate public capital facilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53380.7. A district may rehabilitate public capital facilities. Public capital facilities include, but are not limited to, all of the following: (a) Streets and roads, including, but not limited to, ancillary equipment such as traffic control signals and signs. (b) Sewer and water pipes, storm drains, and treatment plants. (c) Sidewalks, curbs, and gutters. (d) Bridges, overpasses, and viaducts. (e) Street lights. (f) Public buildings. (g) Flood control works. (h) Criminal justice facilities, including, but not limited to, jails and juvenile detention facilities. (i) Libraries. (j) Park and recreational facilities. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  90. 53381.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district may expand, replace, reroute, relocate, or construct public capital facilities for district rehabilitation projects or related public works projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53381. A district may expand the capacity of existing public capital facilities, replace existing public capital facilities with alternative technologies that perform similar functions, reroute or relocate public capital facilities, or construct new public capital facilities which comprise a component of a program to rehabilitate the public works of the district or to rehabilitate any related system of public works within the district or contribute to the cost of any project authorized by this section. (Amended by Stats. 1991, Ch. 1110, Sec. 34.)
  91. 53381.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district must not do routine maintenance unless it is ancillary to and supportive of a rehabilitation project.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53381.3. A district may not perform routine maintenance, except when ancillary to, and supportive of, a rehabilitation project. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  92. 53381.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    The legislative body may give the district additional authority to rehabilitate facilities or levy certain assessments, taxes, fees, or charges when it finds that doing so is economically sound and in the public interest.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53381.7. Whenever the legislative body determines that it is economically sound and in the public interest for the district to rehabilitate facilities that were not identified in the resolution of intention to create the district, or to rehabilitate public facilities located in territory that is not within the boundaries of the district, or to levy an assessment, or impose a special tax, fee, or charge that was not described in the resolution of intention to create the district, it may grant that authority to the district. The legislative body may grant that authority by adopting a resolution of intention to change the authority of the district, publishing a notice of that intention, holding a hearing, and adopting a resolution to change the authority of the district in the same manner as is required for the adoption of a resolution of intention to establish the district pursuant to Section 53373. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  93. 53382.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    A district may exercise listed powers, including acquiring and disposing of property, acting as trustee, investing funds, borrowing and issuing bonds, making contracts, adopting regulations, levying assessments, imposing certain fees or special taxes, and entering joint powers agreements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53382. A district may exercise all of the following powers: (a) Acquire real or personal property of every kind within the district, by grant, purchase, gift, devise, lease, or eminent domain. The power of eminent domain shall be exercised in accordance with the requirements of Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. In exercising that power, the district shall, in addition to the damage for the taking, injury, or destruction of property, also pay for the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which are required to be relocated. (b) Act as trustee under any trust incidental to the purposes of the district, and receive, hold, administer, and expend funds and property subject to the trust. (c) Sell, assign, convey, exchange, lease, mortgage, encumber, transfer upon trust, or otherwise dispose of real or personal property. (d) Invest and reinvest funds of the district in a prudent manner. (e) Borrow money, contract debts, and issue bonds, notes, and debentures pursuant to Article 6 (commencing with Section 53387). (f) Perform any work, construction, or operation under its own superintendence or contract for the performance of that work by others, as authorized by law. (g) Make contracts for any and all purposes necessary or convenient for the full exercise of its powers. (h) Exercise the right of perpetual succession. (i) Adopt and affix a seal. (j) Levy assessments and issue bonds pursuant to the Improvement Act of 1911, (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915, (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913, (Division 12 (commencing with Section 10000) of the Streets and Highways Code). The district may also impose a special tax and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, (Chapter 2.5 (commencing with Section 53311)), or impose fees or charges. The amount of any fee or charge shall not exceed the amount reasonably necessary to cover the cost of providing the service for which the fee or charge is imposed. The provisions of those principal acts shall govern all proceedings relating to the levy of the assessments, the issuance of bonds, and the retirement of the bonds under any of those principal acts. (k) Issue senior obligation bonds as authorized by this chapter. (l) Adopt regulations governing the use of district facilities and property. (m) Enter into joint powers agreements in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (Amended by Stats. 1986, Ch. 652, Sec. 2.)
  94. 53382.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    Large rehabilitation contracts for public facilities must be awarded to the lowest responsible bidder after competitive bidding, but the legislative body may reject bids, seek new bids, or use negotiated contracting in listed 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53382.3. All contracts for the rehabilitation of any public facility estimated to cost in excess of five thousand dollars ($5,000) shall be let to the lowest responsible bidder after competitive bidding. The legislative body may reject any and all bids and may call for new bids. The legislative body may have the work done by negotiated contract under any of the following circumstances: (a) If no proposals are received. (b) If the estimated cost of the work does not exceed the sum of five thousand dollars ($5,000). (c) If the work consists only of architectural or engineering design services. (d) If the work consists of emergency work necessary in order to protect life and property. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  95. 53382.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. )

    Verify source ↗

    If a district’s legislative body requests it, the county must collect certain assessments, taxes, fees, or charges and then remit the balance to the district after deducting reasonable collection 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 4. Powers of a District [53380 - 53382.7] ( Article 4 added by Stats. 1985, Ch. 906, Sec. 1. ) ## 53382.7. The county shall, if requested by the legislative body of a district created within the boundaries of a city, collect any assessments, taxes, fees, or charges imposed pursuant to subdivision (j) of Section 53382. If any of those assessments, taxes, fees, or charges are collected by the county, the county may deduct the reasonable costs incurred by the county in making those collections and shall remit the balance to the district. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  96. 53387.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    The legislative body may start bond issuance proceedings by majority vote and by adopting a resolution stating its intent to issue the bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53387. The legislative body may, by majority vote, initiate proceedings to issue bonds pursuant to this chapter by adopting a resolution stating its intent to issue those bonds. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  97. 53387.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    A resolution adopted under Section 53387 must include specified information about the bond issue, election, costs, interest rate, and funding amounts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53387.3. The resolution adopted pursuant to Section 53387 shall contain all of the following information: (a) A description of the facilities or work to be undertaken with the proceeds of the proposed bond issue. (b) The estimated cost of the facilities or works, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance. (c) The maximum interest rate and discount on the proposed bond issuance. (d) The date of the election on the proposed bond issuance and the manner of holding the election. (e) A determination of the amount available for the payment of the principal and interest on the bonds pursuant to Section 53387. (f) A finding that the amount necessary to pay the principal and interest on the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subdivision (e). (Added by Stats. 1985, Ch. 906, Sec. 1.)
  98. 53387.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    The clerk of the legislative body must publish the specified resolution in a qualifying newspaper, or post it in three public places if no such newspaper exists.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53387.7. The clerk of the legislative body shall publish the resolution adopted pursuant to Section 53387 once a day for at least seven successive days in a newspaper published in the city or county at least six days a week, or at least once a week for two successive weeks in a newspaper published in the city or county less than six days a week. If there are no such newspapers, the resolution shall be posted in three public places within the territory of the district for two succeeding weeks. (Amended by Stats. 1986, Ch. 652, Sec. 5.)
  99. 53388.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    The legislative body must submit the bond proposal to district voters, and the election must generally follow the same rules as other city or county elections.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53388. The legislative body shall submit the proposal to issue the bonds to the voters who reside within the district. Except as otherwise provided in this chapter, the election shall be conducted in the same manner as other city or county elections. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  100. 53388.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    If a district created within a city asks, the county must run the district election, and the district must pay the county’s election costs if any are incurred.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53388.3. The county shall, if requested by the legislative body of a district created within the boundaries of a city, conduct the election for the district. The district shall pay the county for costs incurred by the county in conducting the election, if any. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  101. 53388.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    Bonds may be issued only if a majority of the voters approve the proposition, and then the legislative body must adopt a resolution to carry out the issuance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53388.7. (a) The bonds may be issued if a majority of the voters voting on the proposition vote in favor of issuing the bonds. (b) If the voters approve the issuance of the bonds as provided by subdivision (a), the legislative body shall proceed with the issuance of the bonds by adopting a resolution which shall provide for all of the following: (1) The issuance of the bonds in one or more series. (2) The principal amount of the bonds, which shall be consistent with the amount specified in subdivision (b) of Section 53388.3. (3) The date the bonds shall bear. (4) The date of maturity of the bonds. (5) The denomination of the bonds. (6) The form of the bonds. (7) Any conversion privileges which the bonds shall carry. (8) The manner of execution of the bonds. (9) The medium of payment in which the bonds are payable. (10) The place or manner of payment and any requirements for registration of the bonds. (11) The terms of call or redemption, with or without premium. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  102. 53389.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    If voters approve the bond issuance under Section 53388, the legislative body must notify the county auditor.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53389. The legislative body shall notify the county auditor if the voters approve the issuance of the bonds pursuant to the election conducted in accordance with Section 53388. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  103. 53389.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    If two or more propositions to incur indebtedness under this chapter are submitted at the same election, the votes for and against each proposition must be counted separately.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53389.3. When two or more propositions for incurring indebtedness pursuant to this chapter are submitted at the same election, the votes cast for and against each proposition shall be counted separately. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  104. 53389.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    If a proposition under this chapter is defeated, the legislative body must not submit a similar proposition again for six months after the first 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53389.7. If any proposition submitted to the voters pursuant to this chapter is defeated by the voters, the legislative body shall not submit, or cause to be submitted, a similar proposition to the voters for at least six months after the first election. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  105. 53390.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    The legislative body may approve refunding bonds by majority vote, but it may not lengthen the bonds’ maturity. Refunding bonds also cannot be issued if the specified total net interest cost plus principal exceeds the cost of the bonds being refunded.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53390. The legislative body may, by majority vote, provide for refunding of bonds issued pursuant to this chapter. However, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded. The legislative body may not extend the time to maturity of the bonds. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  106. 53390.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    The legislative body or bond executors are not personally liable for the bonds, and the bonds must state that on their face.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53390.3. The legislative body or any person executing the bonds shall not be personally liable on the bonds by reason of their issuance. The bonds and other obligations of a district issued pursuant to this chapter are not a debt of the city, county, or state, or any of its political subdivisions, and those entities are not liable on the bonds and the bonds or obligations are not payable out of any funds or properties other than those of the district. The bonds shall contain a statement of that fact on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  107. 53390.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    Bonds may be sold at a discount of up to 5% of par at public 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53390.7. The bonds may be sold at discount not to exceed 5 percent of par at public sale. At least five days prior to the sale, notice shall be published, pursuant to Section 6061, in a newspaper of general circulation and in a financial newspaper published in the City and County of San Francisco and in the City of Los Angeles. The bonds may be sold at not less than par to the federal government at private sale without any public advertisement. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  108. 53391.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. )

    Verify source ↗

    A former legislative body member’s signature on bonds remains effective even if the person leaves office before delivery, and bonds issued under this chapter are fully negotiable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 5. Senior Obligation Bonds [53387 - 53391] ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 652, Sec. 4. ) ## 53391. If any member of the legislative body whose signature appears on bonds ceases to be a member of the legislative body before delivery of the bonds, his or her signature is as effective as if he or she had remained in office. Bonds issued pursuant to this chapter are fully negotiable. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  109. 53392.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. )

    Verify source ↗

    If voters approve the bonds, the county auditor must route designated property tax revenue to a Bond Payment Fund and keep making payments until the bonds are retired.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. ) ## 53392. (a) If the voters approve the issuance of bonds pursuant to the election conducted in accordance with Section 53388, the county auditor, subject to the allocation and payment of funds as provided for in subdivision (b) of Section 33670 of the Health and Safety Code, shall allocate, and when collected pay, the amount of property tax revenue determined pursuant to subdivision (c) into a Bond Payment Fund to be established by the district. The county auditor shall continue to make payments to that fund during each fiscal year until the bonds are retired. The county auditor shall make that payment before distributing any property tax revenue to any other entity of government except for distributions pursuant to Section 33670 of the Health and Safety Code. Notwithstanding any other law, no claim on property tax revenue by any other public or private entity for any purpose whatever shall take precedence over the allocation of property tax revenue provided in this section. (b) The county auditor shall reduce the amount of property tax revenue otherwise allocable to the city or county establishing the district in each fiscal year by the amount deposited in the Bond Payment Fund pursuant to subdivision (a) for each district during that fiscal year. (c) The county auditor shall determine, in each fiscal year, the amount sufficient to meet the obligation for the payment of principal and interest during that fiscal year on any bonds issued pursuant to this chapter by each district. However, the amount paid on all bonds issued by each district shall not exceed 25 percent of the revenue allocated to the city or county establishing the district pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code during the previous fiscal year with respect to all tax rate areas within the district. (d) The legislative body shall provide for the payment of the principal and interest from the Bond Payment Fund on any bonds issued by the district pursuant to this chapter. (d) The legislative body of a district established within the boundaries of a city shall reimburse the county for any costs incurred by the county auditor on behalf of the district pursuant to this section. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  110. 53392.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. )

    Verify source ↗

    The State of California promises bondholders that it will not change a district’s structure, organization, or powers until the bond obligations are paid or discharged, unless the law provides adequate protection against impairment. Districts may include this pledge in the bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. ) ## 53392.3. The State of California does hereby pledge to and agree with the holders of any bonds issued pursuant to this chapter that the state will not change the structure, organization, or powers of any district until all obligations on those bonds are fully met or discharged. However, this section does not preclude a change in the structure, organization, or powers of any district if adequate provision is made by law for the protection of the contracts represented by those bonds from impairment, and that right to change the structure, organization, or powers of any district or the allocation of those tax revenues is hereby reserved to the State of California. Districts may include this pledge of the state in those bonds. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  111. 53392.7.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. )

    Verify source ↗

    An action may be brought under Chapter 9 of the Code of Civil Procedure to determine the validity of bonds, proceedings, projects, or tax allocations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 6. Bond Payment [53392 - 53392.7] ( Heading of Article 6 renumbered from Article 7 by Stats. 1986, Ch. 652, Sec. 6. ) ## 53392.7. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Part 2 of Title 10 of the Code of Civil Procedure to determine the validity of bonds, proceedings, projects, or tax allocations. (Added by Stats. 1985, Ch. 906, Sec. 1.)
  112. 53393.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. )

    Verify source ↗

    The legislative body may pledge revenues to pay bond principal and interest, and may include certain service fees or charges if they do not exceed estimated reasonable cost.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. ) ## 53393. The legislative body may pledge any source of revenues, in addition to any property tax revenues, to pay the principal and interest on bonds approved and issued pursuant to this chapter, including, but not limited to, any fees or charges for services provided by, or in conjunction with, facilities rehabilitated with the proceeds of any bond issuance as long as those fees or charges do not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed. (Added by Stats. 1986, Ch. 652, Sec. 7.)
  113. 53393.3.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. )

    Verify source ↗

    A legislative body may use Section 53393 only if it states that intent and describes the proposed revenue source in the required resolutions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. ) ## 53393.3. The legislative body may proceed under the authority of Section 53393 only if it states its intention to so proceed and describes the proposed revenue source in the resolution of intention to establish the district adopted pursuant to Section 53373 and in the resolution of intention to issue bonds adopted pursuant to Section 53387. (Added by Stats. 1986, Ch. 652, Sec. 7.)
  114. 53393.6.

    ## 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. )

    Verify source ↗

    If the legislative body pledges certain revenues, it must adopt an ordinance requiring specified payments into a bond payment fund and a bond reserve fund. The county auditor must route some property tax revenues to the reserve fund and send any excess to the city or county general fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. ) ## 53393.6. (a) If the legislative body elects to pledge the revenues described in Section 53393, it shall require both of the following by ordinance: (1) That a specified amount of the proceeds of the pledged revenue source shall be annually or more frequently, as specified, appropriated and paid into the Bond Payment Fund required to be established by Section 53392 in an amount sufficient to pay all or any portion of the principal and interest payments due on the bond issuance and into the bond reserve fund, required to be established by paragraph (2), to replenish that fund, as needed. (2) That a bond reserve fund be established by the district from bond proceeds or any available revenue source, including any property tax revenues paid into the fund pursuant to subdivision (b), sufficient to pay the principal and interest due on the bonds for the next fiscal year. (b) If the legislative body elects to pledge the revenues described in Section 53393, the county auditor shall pay the property tax revenues described in subdivision (a) of Section 53392 into the bond reserve fund established pursuant to paragraph (2) of subdivision (a), rather than into the Bond Payment Fund as provided by subdivision (a) of Section 53392. The county auditor shall make those payments to the bond reserve fund only if that fund has unencumbered balances at the beginning of the payment period in an amount less than the amount necessary to pay the principal and interest on the bonds for the next fiscal year. The county auditor shall pay any amount of property tax revenues which exceed the amount necessary for this purpose into the general fund of the city or county. (Added by Stats. 1986, Ch. 652, Sec. 7.)
  115. 53394.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. )

    Verify source ↗

    A district’s legislative body must reimburse the county for county auditor costs incurred on the district’s behalf 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 2.7. Community Rehabilitation District Law [53370 - 53394] ( Chapter 2.7 added by Stats. 1985, Ch. 906, Sec. 1. ) ## ARTICLE 7. Alternative Revenue Sources [53393 - 53394] ( Article 7 added by Stats. 1986, Ch. 652, Sec. 7. ) ## 53394. The legislative body of a district established within the boundaries of a city shall reimburse the county for any costs incurred by the county auditor on behalf of the district pursuant to this article. (Added by Stats. 1986, Ch. 652, Sec. 7.)
  116. 53395.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The Legislature states that alternative procedures should be provided to finance public works and services needed for new housing and other development projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395. (a) The Legislature finds and declares that the state and federal governments have withdrawn in whole or in part from their former role in financing major, regional, or communitywide infrastructure, including highways and interchanges, sewage treatment and water reclamation works, water supply and treatment works, flood control and drainage works, schools, libraries, parks, parking facilities, open space, and seismic retrofit and rehabilitation of public facilities. (b) The Legislature further finds and declares that the methods available to local agencies to finance public works often place an undue and unfair burden on buyers of new homes, especially for public works that benefit the broader community. (c) The Legislature further finds and declares that the absence of practical and equitable methods for financing both regional and local public works leads to a declining standard of public works, a reduced quality of life and decreased safety for affected citizens, increased objection to otherwise desirable development, and excessive costs for homebuyers. (d) The Legislature further finds and declares that it is equitable and in the public interest to provide alternative procedures for financing public works and services needed to meet the needs of new housing and other development projects. (Amended by Stats. 1992, Ch. 332, Sec. 1. Effective January 1, 1993.)
  117. 53395.1.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on infrastructure financing 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.1. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity” means any governmental taxing agency which levied or had levied on its behalf a property tax on all or a portion of the property located in the proposed district in the fiscal year prior to the designation of the district, but not including any county office of education, school district, or community college district. (b) “City” means a city or a city and county. (c) “Debt” means any binding obligation to 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. (d) “Designated official” means the city or county engineer or other appropriate official designated pursuant to Section 53395.13. (e) (1) “District” means an infrastructure financing district. (2) An infrastructure financing district is a “district” within the meaning of Section 1 of Article XIII A of the California Constitution. (f) “Infrastructure financing district” means a legally constituted governmental entity established pursuant to this chapter for the sole purpose of financing public facilities. (g) “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 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 the public agency owns all of the land to be included within the proposed district. (h) “Legislative body” means the city council or board of supervisors. (Amended by Stats. 2013, Ch. 210, Sec. 8. (SB 184) Effective January 1, 2014.)
  118. 53395.10.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A city or county legislative body may designate proposed infrastructure financing districts, but it must start the process with a resolution of intention that includes required statements and sets a 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.10. A legislative body of a city or county may designate one or more proposed infrastructure financing districts pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that an infrastructure financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or county that is proposing to establish the district. (b) State the type of public facilities proposed to be financed by the district. The district may only finance public facilities authorized by Section 53395.3. (c) State that incremental property tax revenue from the city or county and some or all affected taxing entities within the district may be used to finance these public facilities. (d) Fix a time and place for a public hearing on the proposal. (Amended by Stats. 2014, Ch. 201, Sec. 6. (SB 1462) Effective January 1, 2015.)
  119. 53395.11.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body must direct the clerk to mail the resolution of intention to create the district to each land owner 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.11. The legislative body shall direct the clerk to mail a copy of the resolution of intention to create the district to each owner of land within the district. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  120. 53395.12.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body must direct the clerk to mail a copy of the resolution to each affected taxing entity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.12. The legislative body shall direct the clerk to mail a copy of the resolution to each affected taxing entity. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  121. 53395.13.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    After adopting the Section 53395.10 resolution, the legislative body must designate and direct an appropriate city or county official to prepare an infrastructure 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.13. After adopting the resolution pursuant to Section 53395.10, the legislative body shall designate and direct the city or county engineer or other appropriate official to prepare an infrastructure plan pursuant to Section 53395.14. (Amended by Stats. 2013, Ch. 210, Sec. 11. (SB 184) Effective January 1, 2014.)
  122. 53395.14.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    After a district intention resolution is received, the designated official must prepare an infrastructure financing plan that fits the city or county general plan and includes specified required 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.14. After receipt of a copy of the resolution of intention to establish a district, the official designated pursuant to Section 53395.13 shall prepare a proposed infrastructure financing plan. The infrastructure financing plan shall be consistent with the general plan of the city or county within which the district is located and shall include all of the following: (a) A map and legal description of the proposed district, which may include all or a portion of the district designated by the legislative body in its resolution of intention. (b) A description of the public facilities required to serve the development proposed in the area of the district including those to be provided by the private sector, those to be provided by governmental entities without assistance under this chapter, those public improvements and facilities to be financed with assistance from the proposed district, and those to be provided jointly. The description shall include the proposed location, timing, and costs of the public improvements and facilities. (c) A finding that the public facilities are of communitywide significance and provide significant benefits to an area larger than the area of the district. (d) A financing section, which shall contain all of the following information: (1) A specification of the maximum portion of the incremental tax revenue of the city or county and of each affected taxing entity proposed to be committed to the district for each year during which the district will receive incremental tax revenue. The portion need not be the same for all affected taxing entities. The portion may change over time. (2) A projection of the amount of tax revenues expected to be received by the district in each year during which the district will receive tax revenues, including an estimate of the amount of tax revenues attributable to each affected taxing entity for each year. (3) A plan for financing the public facilities to be assisted by the district, including a detailed description of any intention to incur debt. (4) A limit on the total number of dollars of taxes which may be allocated to the district pursuant to the plan. (5) A date on which the district will cease to exist, by which time all tax allocation to the district will end. The date shall not be more than 30 years from the date on which the ordinance forming the district is adopted pursuant to Section 53395.23. (6) An analysis of the costs to the city or county of providing facilities and services to the area of the district while the area is being developed and after the area is developed. The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the city or county as a result of expected development in the area of the district. (7) An analysis of the projected fiscal impact of the district and the associated development upon each affected taxing entity. (8) A plan for financing any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of that district and qualifies for the Transit Priority Project Program, pursuant to Section 65470, including any permit and affordable housing expenses related to the project. (e) If any dwelling units occupied by persons or families of low or moderate income are proposed to be removed or destroyed in the course of private development or public works construction within the area of the district, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53395.5. (Amended by Stats. 2013, Ch. 210, Sec. 12. (SB 184) Effective January 1, 2014.)
  123. 53395.15.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The infrastructure financing plan must be distributed to specified landowners and affected taxing entities, made available for public inspection, and the related CEQA report must also be sent to the planning commission and legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.15. The infrastructure financing plan shall be sent to each owner of land within the proposed district and to each affected taxing entity together with any report required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that pertains to the proposed public facilities or the proposed development project for which the public facilities are needed, and shall be made available for public inspection. The report shall also be sent to the planning commission and the legislative body. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  124. 53395.16.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The designated official must consult each affected taxing entity and, if asked, meet with its representatives. An affected taxing entity may suggest revisions to the 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.16. The designated official shall consult with each affected taxing entity, and, at the request of any affected taxing entity, shall meet with representatives of an affected taxing entity. Any affected taxing entity may suggest revisions to the plan. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  125. 53395.17.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body must hold a public hearing before adopting the proposed infrastructure financing plan and give public notice of the hearing by publication.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.17. The legislative body shall conduct a public hearing prior to adopting the proposed infrastructure financing plan. The public hearing shall be called no sooner than 60 days after the plan has been sent to each affected taxing entity. In addition to the notice given to landowners and affected taxing entities pursuant to Sections 53395.11 and 53395.12, notice of the public hearing shall be given by publication not less than once a week for four successive weeks in a newspaper of general circulation published in the city or county in which the proposed district is located. The notice shall state that the district will be used to finance public works, briefly describe the public works, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed district and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the legislative body and object to the adoption of the proposed plan by the legislative body. (Amended by Stats. 2013, Ch. 210, Sec. 13. (SB 184) Effective January 1, 2014.)
  126. 53395.18.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body must hear and decide written and oral objections at the noticed time, consider recommendations and evidence, and may change the plan in specified ways.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.18. At the hour set in the required notices, the legislative body shall proceed to hear and pass upon all written and oral objections. The hearing may be continued from time to time. The legislative body shall consider the recommendations, if any, of affected taxing entities, and all evidence and testimony for and against the adoption of the plan. The legislative body may modify the plan by eliminating or reducing the size and cost of proposed public works, by reducing the amount of proposed debt, or by reducing the portion, amount, or duration of incremental tax revenues to be committed to the district. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  127. 53395.19.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body cannot adopt a resolution to form the district and divide taxes unless each affected taxing entity has approved the plan and filed that approval before the 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.19. (a) The legislative body shall not enact a resolution proposing formation of a district and providing for the division of taxes of any affected taxing entity pursuant to Article 3 (commencing with Section 53396) unless a resolution approving the plan has been adopted by the governing body of each affected taxing entity which is proposed to be subject to division of taxes pursuant to Article 3 (commencing with Section 53396) has been filed with the legislative body at or prior to the time of the hearing. (b) Nothing in this section shall be construed to prevent the legislative body from amending its infrastructure financing plan and adopting a resolution proposing formation of the infrastructure financing district without allocation of the tax revenues of any affected taxing entity which has not approved the infrastructure financing plan by resolution of the governing body of the affected taxing entity. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  128. 53395.2.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    District revenues may be used, accumulated up to five years, pledged, advanced, or committed for specified allowable financing purposes, and the legislative body may enter agreements with affected taxing entities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.2. (a) The revenues available pursuant to Article 3 (commencing with Section 53396) may be used directly for work allowed pursuant to Section 53395.3, may be accumulated for a period not to exceed five years to provide a fund for that work, may be pledged to pay the principal of, and interest on, bonds issued pursuant to Article 4 (commencing with Section 53397.1), or may be pledged to pay the principal of, and interest on, bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)), the proceeds of which have been or will be used entirely for allowable purposes of the district. The revenue of the district may also be advanced for allowable purposes of the district to an Integrated Financing District established pursuant to Chapter 1.5 (commencing with Section 53175), in which case the district may be party to a reimbursement agreement established pursuant to that chapter. The revenues of the district may also be committed to paying for any completed public facility acquired pursuant to Section 53395.3 over a period of time, including the payment of a rate of interest not to exceed the bond buyer index rate on the day that the agreement to repay is entered into by the city or county. (b) The legislative body may enter into an agreement with any affected taxing entity providing for the construction of, or assistance in, financing public facilities. (Amended by Stats. 2013, Ch. 210, Sec. 9. (SB 184) Effective January 1, 2014.)
  129. 53395.20.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    This section lets the legislative body move forward with forming an infrastructure financing district and sets the election steps, deadlines, and voting 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.20. (a) At the conclusion of the hearing, the legislative body may adopt a resolution proposing adoption of the infrastructure financing plan, as modified, and formation of the infrastructure financing district in a manner consistent with Section 53395.19, or it may abandon the proceedings. If the legislative body adopts a resolution proposing formation of the district, it shall then submit the proposal to create the district to the qualified electors of the proposed 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, 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. The 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 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) If at least 12 persons have been registered to vote within the territory of the proposed district for each of the 90 days preceding the close of the hearing, the vote shall be by the registered voters of the proposed district, who need not necessarily be the same persons, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each landowner who is the owner of record 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 district. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. (c) 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, which shall be exclusive 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 shall be closed. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  130. 53395.21.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    For elections under this chapter, local election rules generally apply, and ballot materials must include specified analysis and arguments unless the landowners vote and unanimously waive 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.21. (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 or 9280 of the Elections Code, 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. (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. (Amended by Stats. 1994, Ch. 923, Sec. 78. Effective January 1, 1995.)
  131. 53395.22.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    If a landowner election is conducted by mail ballot, the election official must provide the ballots, election materials, supplies, and instructions needed to use and return the ballot.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.22. (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 pursuant to paragraph (3). (7) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  132. 53395.23.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    After the election canvass, the legislative body may adopt the infrastructure financing plan and create the district by ordinance if two-thirds of the votes favor creating 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.23. After the canvass of returns of any election pursuant to Section 53395.20, the legislative body may, by ordinance, adopt the infrastructure financing plan and create the district with full force and effect of law, if two-thirds of the votes upon the question of creating the district are in favor of creating the district. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  133. 53395.24.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    If a district-creation question fails by less than the required vote, the legislative body must take no further action on the proposed infrastructure financing district 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.24. After the canvass of returns of any election conducted pursuant to Section 53395.20, the legislative body shall take no further action with respect to the proposed infrastructure financing district for one year from the date of the election if the question of creating the district fails to receive approval by two-thirds of the votes cast upon the question. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  134. 53395.25.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body may submit a proposition to voters to establish or change a 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53395.10 - 53395.25] ( Article 2 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.25. 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 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 cost of living 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. Any election held pursuant to this section may be combined with any election held pursuant to Section 53395.20 in any convenient manner. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  135. 53395.3.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A district may finance certain qualifying infrastructure and related planning work, but it cannot finance routine maintenance, repairs, ongoing operations, or services. If it builds dwelling units, it must set aside at least 20% for low- and moderate-income housing purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.3. (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer which satisfies the requirements of subdivision (b), (2) may finance planning and design work which is directly related to the purchase, construction, expansion, or rehabilitation of that property and (3) the costs described in Sections 53395.5, and 53396.5. A district may only finance the purchase of facilities for which construction has been completed, as determined by the legislative body. The facilities need not be physically located within the boundaries of the district. A district may not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind. (b) The district shall finance only public capital facilities of communitywide significance, which provide significant benefits to an area larger than the area of the district, including, but not limited to, all of the following: (1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities. (2) Sewage treatment and water reclamation plants and interceptor pipes. (3) Facilities for the collection and treatment of water for urban uses. (4) Flood control levees and dams, retention basins, and drainage channels. (5) Child care facilities. (6) Libraries. (7) Parks, recreational facilities, and open space. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (c) Any district which constructs dwelling units shall set aside not less than 20 percent of those units to increase and improve the community’s supply of low- and moderate-income housing available at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low- and moderate-income, as defined in Section 50093 of the Health and Safety Code. (Amended by Stats. 1992, Ch. 332, Sec. 2. Effective January 1, 1993.)
  136. 53395.3.2.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    An infrastructure financing district may finance broadband-related public capital projects and may transfer financed broadband facilities to a local agency; the local agency must follow Article 12 when providing broadband Internet access 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.3.2. (a) In addition to the projects authorized by Section 53395.3, any infrastructure financing district may finance public capital facilities or projects that include broadband. A district that finances public capital facilities or projects that include broadband may transfer the management and operation of any broadband facilities that were financed to a local agency that is authorized to provide broadband Internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5. (b) For purposes of this section, “broadband” means communications network facilities that enable high-speed Internet access. (Amended by Stats. 2018, Ch. 963, Sec. 3. (AB 1999) Effective January 1, 2019.)
  137. 53395.3.5.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A district may reimburse a developer for permit expenses and certain added costs of building affordable housing units, if the project is entirely within the district and the costs relate to the Transit Priority Project 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.3.5. Notwithstanding subdivision (b) of Section 53395.3, a district may reimburse a developer of a project that is located entirely within the boundaries of that district for any permit expenses incurred and to offset additional expenses incurred by the developer in constructing affordable housing units pursuant to the Transit Priority Project Program established in Section 65470. (Amended by Stats. 2012, Ch. 162, Sec. 66. (SB 1171) Effective January 1, 2013.)
  138. 53395.4.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A district may finance only authorized, additional facilities or services, may include noncontiguous areas, and may finance certain redevelopment-area projects if a finding of completion is received 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.4. (a) A district may finance only the facilities or services authorized in this chapter to the extent that the facilities or services are in addition to those provided in the territory of the district before the district was created. The additional facilities or services may not supplant facilities or services already available within that territory when the district was created but may supplement those facilities and services as needed to serve new developments. (b) A district may include areas that are not contiguous. (c) A district may finance a project or portion of a project that is located in, or overlaps with, a redevelopment project area or former redevelopment project area. The successor agency to the former redevelopment agency shall receive a finding of completion, as defined in Section 34179.7 of the Health and Safety Code, prior to the district financing any project or portion of a project under this subdivision. (d) Notwithstanding subdivision (c), any debt or obligation of a district shall be subordinate to an enforceable obligation of a former redevelopment agency, as defined in Section 34171 of the Health and Safety Code. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code. (e) The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53395.14. (f) For the purposes of this section, “net available revenue” means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 1, Sec. 1. (AB 471) Effective February 18, 2014.)
  139. 53395.5.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    If district housing units are removed or destroyed, the legislative body must provide replacement housing, relocation assistance, and, for occupied low- or moderate-income units, ensure suitable substitute housing is available 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.5. It is the intent of the Legislature that the area of the districts created be substantially undeveloped, and the establishment of a district should not ordinarily lead to the removal of existing dwelling units. If, however, any dwelling units are proposed to be removed or destroyed in the course of private development or public works construction within the area of the district, the legislative body shall do all of the following: (a) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons or families of low or moderate income, of an equal number of replacement dwelling units at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, within the territory of the district if the dwelling units removed were inhabited by persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (b) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons of low or moderate income, a number of dwelling units which is at least one unit but not less than 20 percent of the total dwelling units removed at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, within the territory of the district if the dwelling units removed or destroyed were not inhabited by persons of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (c) Provide relocation assistance and make all the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, to persons displaced by any public or private development occurring within the territory of the district. This displacement shall be deemed to be the result of public action. (d) Ensure that removal or destruction of any dwelling units occupied by persons or families of low or moderate income not take place unless and until there are suitable housing units, at comparable cost to the units from which the persons or families were displaced, available and ready for occupancy by the residents of the units at the time of their displacement. The housing units shall be suitable to the needs of these displaced persons or families and shall be decent, safe, sanitary, and otherwise standard dwellings. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  140. 53395.6.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    Certain lawsuits or proceedings challenging specified district actions must be started within 30 days after the ordinance creating the district is enacted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.6. Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of an infrastructure financing plan, including a division of taxes thereunder, or an election pursuant to this chapter shall be commenced within 30 days after the enactment of the ordinance creating the district pursuant to Section 53395.23. Consistent with the time limitations of this section, such an action or proceeding with respect to a division of taxes under this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that Section 869 of the Code of Civil Procedure shall not apply. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  141. 53395.7.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    An action challenging the validity of bonds under this chapter may be brought under a specified civil procedure chapter, but an interested person must start it within 30 days after the bond-issuance resolution is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.7. An action to determine the validity of the issuance of bonds pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, the action shall be commenced within 30 days after adoption of the resolution pursuant to Section 53397.6 providing for issuance of the bonds if the action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure. Any appeal from a judgment in that action or proceeding shall be commenced within 30 days after entry of judgment. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  142. 53395.8.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    This section lets San Francisco create and manage waterfront infrastructure financing districts, use incremental property tax revenue for approved public facilities, and requires a 20% set-aside for shoreline and related waterfront purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.8. (a) This section applies only to the City and County of San Francisco, and to any waterfront district. (b) In addition to the findings and declarations in Section 53395, the Legislature further finds and declares that providing the ability to capture property tax increment revenues to finance needed public facilities in waterfront lands in San Francisco that are subject to the public trust to the public agencies with the responsibility to administer those areas will further the objectives of the public trust and enjoyment of those trust lands by the people of the state. (c) For purposes of this section, the following terms have the following meanings except as otherwise provided: (1) “Affected taxing entity” means any governmental taxing agency, except San Francisco and its local educational agencies, that levied or had levied on its behalf a property tax on all or a portion of the land located in the proposed district in the fiscal year prior to the designation of the district, all or a portion of which the district proposes to collect in the future under its infrastructure financing plan, except as provided in subdivision (h). (2) “Base year” means the fiscal year in which the assessed value of taxable property in the district was last equalized prior to the effective date of the ordinance adopted to create the district, or a subsequent fiscal year specified in the infrastructure financing plan for the district. (3) “Board” means the Board of Supervisors of the City and County of San Francisco, which shall be the legislative body for any district formed under this section. (4) “Debt” means loans, advances, or other forms of indebtedness and financial obligations, including, but not limited to, commercial paper, variable rate demand notes, all moneys payable in relation to the debt, and all debt service coverage requirements in any debt instrument, in addition to the obligations specified in the definition of “debt” in Section 53395.1. (5) “District” means any district created under this chapter, including any project area within a district. (6) “ERAF” means the Educational Revenue Augmentation Fund. (7) “ERAF-secured debt” means debt incurred to finance a Pier 70 district subject to a Pier 70 enhanced financing plan that is secured by and will be repaid from the ERAF share. (8) “ERAF share” means the county ERAF portion of incremental tax revenue committed to a Pier 70 district under a Pier 70 enhanced financing plan. (9) “Local educational agencies” means, collectively, the San Francisco Unified School District, the San Francisco Community College District, and the San Francisco County Office of Education. (10) “Mirant site” means the San Francisco waterfront land owned by Mirant Corporation, on which it or its affiliate formerly operated a coal gasification powerplant. (11) “Pier 70 district” means a waterfront district that includes 65 acres of waterfront land in the area near Pier 70. (12) “Pier 70 enhanced financing plan” means an infrastructure district financing plan for a Pier 70 district that contains a provision authorized under subparagraph (D) of paragraph (3) of subdivision (g). (13) “Port” means the Port of San Francisco. (14) “Project area” means a defined area designated for development within a waterfront district formed under this chapter in accordance with subdivision (g). (15) “Public facilities” means facilities and, where the context requires, related services, authorized to be financed in whole or in part by a district formed under this chapter in accordance with subdivision (g). Public facilities may be publicly owned or privately owned utility infrastructure if they are available to or serve the general public. “Public facilities” includes any capital facility fees used to pay for public facilities. (16) “San Francisco” means the City and County of San Francisco. For purposes of applying this chapter, San Francisco is a city. (17) “Waterfront district” means a district formed under this chapter on land under port jurisdiction along the San Francisco waterfront and any special waterfront district as defined in Section 53395.81. (18) “Waterfront set-aside” means the restricted funds required to be set aside under clause (ii) of subparagraph (C) of paragraph (3) of subdivision (g). (19) “County tax collector” means the county auditor-controller, tax collector, or other officer responsible for the payment of property taxes into the funds of taxing entities. (d) In addition to the facilities and services authorized by Section 53395.3, a waterfront district may finance any of the following: (1) Remediation of hazardous materials in, on, under, or around any real or tangible property. (2) Seismic and life-safety improvements to existing buildings. (3) Rehabilitation, restoration, and preservation of structures, buildings, or other facilities having special historical, architectural, or aesthetic interest or value and that are listed on the National Register of Historic Places, are eligible for listing on the National Register of Historic Places individually or because of their location within an eligible registered historic district, or are listed on a state or local register of historic landmarks. (4) Structural repairs and improvements to piers, seawalls, and wharves, and installation of piles. (5) Removal of bay fill. (6) Stormwater management facilities, other utility infrastructure, or public open-space improvements. (7) Shoreline restoration. (8) Other repairs and improvements to maritime facilities. (9) Planning and design work that is directly related to any public facilities authorized to be financed by a waterfront district. (10) Reimbursement payments made to the California Infrastructure and Economic Development Bank in accordance with paragraph (5) of subdivision (e) of Section 53395.81. (11) Improvements, which may be publicly owned, to protect against potential sea level rise. (e) A waterfront district may include, and finance public facilities on, tidelands and submerged lands, including filled or unfilled lands, subject to the public trust for commerce, navigation, and fisheries, and the applicable statutory trust grant or grants. Public facilities located on tidelands and submerged lands shall serve and promote uses and purposes consistent with the public trust and applicable statutory trust grants. Public facilities that increase access to, or the use or enjoyment of, public trust lands will be deemed to be facilities of communitywide significance that provide significant benefits to an area larger than the area of the district. (f) Public facilities financed by a waterfront district shall be public trust assets subject to the administration and control of the district, except for the following: (1) Utility infrastructure and public transportation facilities, except maritime transportation facilities that are administered and controlled by another entity under an agreement with the port. (2) Public facilities on land located in a previously formed waterfront district that the port subsequently leases, sells, or otherwise transfers to any person free of the public trust, the Burton Act trust, and any additional restrictions on use or alienability created by the Burton Act transfer agreement, provided that the State Lands Commission has concurred in the lifting of trust restrictions on the transferred land and that the transferred land will remain in and subject to the district. (g) For a waterfront district, the requirements of this subdivision supplant and replace the provisions of Sections 53395.10 to 53395.25, inclusive. The board may adopt or amend one or more infrastructure financing plans for districts along the San Francisco waterfront according to the procedures in this section. Except as provided otherwise in this subdivision or in Section 53395.81, the provisions of subdivisions (a) and (b) of Section 53395.4 shall not apply to a waterfront district. A waterfront district may be formed and become effective at any time. A district may be divided into project areas, each of which may be subject to distinct limitations established under this subdivision. Within a district, one or more project areas may be a special waterfront district as defined in Section 53395.81. (1) The board shall initiate proceedings for the establishment of a district by adopting a resolution of intention to establish the proposed district that does all of the following: (A) States an infrastructure financing district is proposed to be established and describes the boundaries of the proposed district. The boundaries may be described by reference to a map on file in the office of the clerk of the board. (B) States the type of public facilities proposed to be financed by the district. (C) States that incremental property tax revenue from San Francisco and some or all affected taxing entities within the district, but none of the local educational agencies, except as provided in subdivision (h) or as a result of the allocation of the ERAF share, may be used to finance these public facilities. (D) Directs the executive director of the port, or an appropriate official designated by the executive director, to prepare a proposed infrastructure financing plan. (2) The board shall direct the city clerk to mail a copy of the resolution of intention to any affected taxing entities. (3) The proposed infrastructure financing plan shall be consistent with the general plan of San Francisco, as amended from time to time, and shall include all of the following: (A) A map and legal description of the proposed district, which may include all or a portion of the district designated by the board in its resolution of intention. (B) A description of the public facilities required to serve the development proposed in the district, including those to be provided by the private sector, those to be provided by governmental entities without assistance under this chapter, those public facilities to be financed with assistance from the proposed district, and those to be provided jointly. The description shall include the proposed location, timing, and projected costs of the public facilities. The description may consist of a reference to the capital plan for the territory in the district that is approved by the board, as amended from time to time. (C) A financing section that shall contain all of the following: (i) A provision that specifies the maximum portion of the incremental tax revenue of San Francisco and of any affected taxing entity proposed to be committed to the district, and affirms that the plan will not allocate any portion of the incremental tax revenue of the local educational agencies to the district. (ii) Limitations on the use of levied taxes allocated to and collected by the district that provide that, except as provided by this section or Section 53395.81, incremental tax revenues allocated to a district must be used within the district for purposes authorized under this section, and that not less than 20 percent of the amount allocated to a district shall be set aside to be expended solely on shoreline restoration, removal of bay fill, or waterfront public access to or environmental remediation of the San Francisco waterfront. (iii) A projection of the amount of incremental tax revenues expected to be received by the district, assuming a district receives incremental tax revenues for a period no later than 45 years after San Francisco projects that the district will have received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter. (iv) Projected sources of financing for the public facilities to be assisted by the district, including debt to be repaid with incremental tax revenues, projected revenues from future leases, sales, or other transfers of any interest in land within the district, and any other legally available sources of funds. The projection may refer to the capital plan for the territory in the district that is approved by the board, as amended from time to time. (v) A limitation on the aggregate number of dollars of levied taxes that may be divided and allocated to the district. Taxes shall not be divided or be allocated to the district beyond this limitation, except by amendment of the infrastructure financing plan pursuant to the procedures in this subdivision. In the event San Francisco divides a district into project areas, the project areas may share this limit and the limit may be divided among the project areas or a separate limit may be established for a project area. (vi) A date on which the effectiveness of the infrastructure financing plan and all tax allocations to the district will end and a date on which the district’s authority to repay indebtedness with incremental tax revenues received under this chapter will end, not to exceed 45 years from the date the district has actually received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter. After the time limits established under this subparagraph, a district shall not receive incremental tax revenues under this chapter. (vii) An analysis of the costs to San Francisco for providing facilities and services to the district while the district is being developed and after the district is developed, and of the taxes, fees, charges, and other revenues expected to be received by San Francisco as a result of expected development in the district. (viii) An analysis of the projected fiscal impact of the district and the associated development upon any affected taxing entity. If no affected taxing entities exist within the district because the plan does not provide for collection by the district of any portion of property tax revenues allocated to any taxing entity other than San Francisco, the district has no obligation to any other taxing entity under this subdivision. (ix) A statement that the district will maintain accounting procedures in accordance, and otherwise comply, with Section 6306 of the Public Resources Code for the term of the plan. (D) For a Pier 70 district only, the Pier 70 enhanced financing plan may contain a provision meeting the requirements of Section 53396 that allocates a portion of the incremental tax revenue of San Francisco and of other designated affected taxing entities to the Pier 70 district. The portion of incremental tax revenue of San Francisco to be allocated to the Pier 70 district must be equal to the portion of the incremental tax revenue of the county ERAF proposed to be committed to the Pier 70 district. In addition to all other requirements under this section, a Pier 70 district shall also be subject to the following additional limitations: (i) A Pier 70 district subject to a Pier 70 enhanced financing plan shall not be formed and become effective prior to January 1, 2014. (ii) Any Pier 70 enhanced financing plan shall contain all of the following: (I) A time limit on the issuance of new ERAF-secured debt to finance the district, which may not exceed 20 fiscal years from the fiscal year in which any Pier 70 district subject to a Pier 70 enhanced financing plan first issues debt. The ERAF-secured debt may be repaid over the period of time ending on the time limit established under clause (vi) of subparagraph (C). This time limit on the issuance of new ERAF-secured debt shall not prevent a Pier 70 district from subsequently refinancing, refunding, or restructuring ERAF-secured debt if all of the following conditions are met: the time during which the debt is to be repaid is not extended beyond the time limit established under clause (vi) of subparagraph (C); in the case of a refinancing or refunding to achieve savings, the total interest cost to maturity on the new debt plus the principal amount of the new debt does not exceed the total interest cost to maturity on the debt to be refunded plus the principal of the debt to be refunded; and the principal amount of the new debt does not exceed the amount required to defease the debt to be refunded, refinanced, or restructured, to establish customary debt service reserves and to pay related costs of issuance. If these conditions are satisfied, the initial principal amount of the new debt may be greater than the outstanding principal amount of the debt to be refunded, refinanced, or restructured. (II) A statement that the Pier 70 district shall be subject to a limitation on the number of dollars of the ERAF share that may be divided and allocated to the Pier 70 district pursuant to the Pier 70 enhanced financing plan, including any amendments to the plan, which shall be established in consultation with the county tax collector. This limitation and a schedule specifying the amount of the ERAF share that must be divided and allocated to the district in each succeeding fiscal year until all ERAF-secured debt has been paid shall be included in the statement of indebtedness that the Pier 70 district files for the 19th fiscal year after the fiscal year in which any ERAF-secured debt is first issued. The ERAF share shall not be divided and shall not be allocated to the Pier 70 district beyond that limitation. (III) The limitations established by subclauses (I) and (II) may be amended only by amendment of this section. When the ERAF-secured debt, if any, has been paid, all moneys thereafter allocated to the ERAF share shall be paid into ERAF as taxes on all other property are paid. In addition, beginning in the 21st fiscal year after the fiscal year in which ERAF-secured debt is first issued, any portion of the ERAF share in excess of the amount required to meet the Pier 70 district’s ERAF-secured debt service obligations shall be paid into ERAF. (4) The proposed infrastructure financing plan shall be mailed to each affected taxing entity for review, together with, to the extent available, any report required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that pertains to the proposed public facilities and any proposed development project for which the public facilities are needed, and shall be made available for public inspection. The report also shall be sent to the San Francisco Planning Department and the board. (5) Except as provided in subdivision (h) and except as a result of an ERAF share allocation, the board shall not enact a resolution proposing formation of a district and providing for the division of taxes of any affected taxing entities for use in the Pier 70 district as set forth in the proposed infrastructure financing plan unless a resolution approving the plan has been adopted by the governing body of each affected taxing entity that is proposed to be subject to division of taxes as set forth in the proposed infrastructure financing plan, and that resolution has been filed with the board at or prior to the time of the hearing. A resolution approving the plan adopted by the governing body of an affected taxing entity shall be deemed the affected taxing entity’s agreement to participate in the plan for the purposes of Section 53395.19. (6) If the governing body of an affected taxing entity has not approved the infrastructure financing plan before the board considers the plan, the board may amend the infrastructure financing plan to remove the allocation of the tax revenues of the nonconsenting affected taxing entity. If a plan is so amended, the plan also shall be amended to provide that San Francisco will allocate to the Pier 70 district funds equal on a dollar-for-dollar basis to the tax revenues that the Pier 70 district would have received from the allocation of tax revenues of the affected taxing entity that is removed from the plan. (7) The board shall hold a public hearing regarding the infrastructure financing plan that shall be scheduled on a date no earlier than 60 days after the plan has been sent to each affected taxing entity, or in the absence of any affected taxing entities, no earlier than 30 days after the plan has been lodged with the clerk of the board. Notice of the public hearing must be published not less than once a week for four successive weeks in a newspaper designated by the board for the publication of official notices in San Francisco, or if the board no longer designates a newspaper for the publication of official notices, a newspaper of general circulation serving primarily San Francisco residents. The notice shall state that the district will be established to finance public facilities, briefly describe the public facilities and the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed district, and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the previous proceedings, may appear before the board and object to the adoption of the proposed infrastructure financing plan by the board. (8) At the hour set in the required notices, the board shall proceed to hear and pass upon all written and oral objections. The hearing may be continued from time to time. The board shall consider any recommendations of affected taxing entities, and all evidence and testimony for and against the adoption of the infrastructure financing plan. (9) No election will be required to form the district, and at the conclusion of the hearing, the board may adopt an ordinance adopting the infrastructure financing plan, as drafted or as modified by the board, or it may abandon the proceedings. (10) Any public or private owner of land that is not within an existing district, but that has any boundary line contiguous to a boundary of the waterfront district, may petition the board for inclusion of the land in the waterfront district without an election. The annexation shall take effect on the effective date of the ordinance of the board’s annexation approval. As a condition to inclusion of its land in the waterfront district, the petitioning landowner shall acknowledge and agree that any portion of the land within 100 feet of the San Francisco Bay Conservation and Development Commission shoreline (shoreline band) will include contiguous public access along the length of the shoreline band, improved and maintained to standards equal to adjacent waterfront public access ways on public land, as certified by the San Francisco Bay Conservation and Development Commission. Nothing in this section is intended to affect or limit the authority of the San Francisco Bay Conservation and Development Commission pursuant to Chapter 1 (commencing with Section 66600) of Title 7.2, or any other law. This procedure will apply to any petition to include the Mirant site in the Pier 70 district, but the board may amend the Pier 70 financing plan to include the Mirant site in the Pier 70 district only after the Director of Finance’s approval. (11) The ordinance creating a district and adopting or amending an infrastructure financing plan shall establish the base year for the district. The base year of land annexed into a district shall be the fiscal year in which the assessed value of the annexed land was last equalized prior to the effective date of the annexation, or a subsequent fiscal year specified in the ordinance of the board approving the annexation. The board may amend an infrastructure financing plan by ordinance for any purpose, including, but not limited to, dividing an established district into one or more project areas, reducing the district area, or expanding a waterfront district to include the petitioning landowner’s land in the district in accordance with the board’s established procedures. Any ordinance adopting or amending an infrastructure financing plan will be deemed an ordinance adopted for the purposes of Section 53395.23. (12) With respect to a waterfront district, San Francisco may enter into an agreement for the construction of discrete portions or phases of public facilities. The agreement may include any provisions that San Francisco determines are necessary or convenient, but shall do all of the following: (A) Identify the specific public facilities or discrete portions or phases of public facilities to be constructed and purchased. San Francisco may agree to purchase discrete portions or phases of public facilities if the portions or phases are capable of serviceable use as determined by San Francisco. (B) Notwithstanding subparagraph (A), when the purchase value of a public facility exceeds one million dollars ($1,000,000), San Francisco may agree to purchase discrete portions or phases of the partially completed public facility. (C) Identify procedures to ensure that the public facilities are constructed pursuant to plans, standards, specifications, and other requirements as determined by San Francisco. (D) Specify a price or a method to determine a price for each public facility or discrete portion or phase of a public 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 San Francisco. (E) Specify procedures for final inspection and approval of public facilities or discrete portions or phases of public facilities, for approval of payment and for acceptance and conveyance. (h) (1) All the amounts calculated under this subdivision shall be calculated after deducting the waterfront set-aside required under clause (ii) of subparagraph (C) of paragraph (3) of subdivision (g) of this section or the set-aside required for a special waterfront district under paragraph (3) of subdivision (c) of Section 53395.81, as applicable, from the total amount of tax increment funds allocated to a district in the applicable fiscal year. The payments made by the county tax collector under this subdivision to the affected taxing entities shall be allocated among the affected taxing entities in proportion to the percentage share of property taxes each affected taxing entity receives during the fiscal year the funds are allocated. The percentage share shall be determined without regard to any amounts allocated to a city, county, or city and county under Sections 97.68 and 97.70 of the Revenue and Taxation Code. (2) (A) Prior to incurring any debt, except loans or advances from San Francisco, a district may subordinate to the debt the amount required to be paid by the county tax collector to an affected taxing entity under this subdivision, if any, provided the affected taxing entity has approved these subordinations as provided in this paragraph. (B) At the time the district requests an affected taxing entity to subordinate the amount to be paid by the county tax collector to it, the district shall provide the affected taxing entity with substantial evidence that sufficient tax increment funds will be available to pay when due both the debt service on the debt and the payments by the county tax collector to the affected taxing entity required under this subdivision. (C) Within 45 days after receipt of the district’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the tax increment funds will be insufficient to pay when due the debt payments and the amount required to be paid by the county tax collector to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the district’s request, the request to subordinate shall be deemed approved and its deemed approval shall be final and conclusive. (D) For the purpose of this paragraph only, “affected taxing entity” shall mean any governmental agency that levied, or had levied on its behalf, a property tax on all or a portion of the land located in the proposed district in the fiscal year prior to the designation of the waterfront district. (3) The Legislature finds and declares all of the following: (A) The payments to be made under this subdivision are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of an infrastructure financing plan, and payments made under this subdivision will benefit the district. (B) The payments to be made under this subdivision are the exclusive payments that are required to be made by a district to affected taxing entities during the term of an infrastructure financing plan. (4) Nothing in this section requires a district, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a district under Section 53395.6, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. (i) The portion of taxes required to be allocated to the Pier 70 district under a duly adopted infrastructure financing plan shall be allocated and paid to the district by the county tax collector under the procedure contained in this subdivision. If the approved plan allocates to the Pier 70 district 100 percent of the incremental tax revenue of San Francisco that is available under applicable law to be allocated to the Pier 70 district, then the district shall not make a payment to ERAF, but if the plan allocates less than 100 percent of the incremental tax revenue of San Francisco that is available under applicable law to be allocated to the Pier 70 district, then the district shall pay a proportionate share of incremental tax revenue into ERAF. (1) No later than October 1 of each year, for each district for which the infrastructure financing plan provides for the division of taxes, the district shall file with the county tax collector a statement of indebtedness and a reconciliation statement for the previous fiscal year certified by the chief financial officer of the district. (2) Each statement of indebtedness shall contain all of the following: (A) For each debt the district has incurred or entered into, all of the following: (i) The date the district incurred or entered into the debt. (ii) The principal amount, term, purpose, interest rate, and total interest payable over the term of the debt. (iii) The principal amount and interest due in the fiscal year in which the statement is filed. (iv) The total amount of principal and interest remaining to be paid over the term of the debt. (B) The sum of the principal and interest due on all debts in the fiscal year in which the statement is filed. (C) The sum of principal and interest remaining to be paid on all debts. (D) The available revenues as of the end of the previous fiscal year. (3) The district may estimate the amount of principal or interest, the interest rate, or term of any debt if the nature of the debt is such that the amount of principal or interest, the interest rate, or term cannot be precisely determined. The district may list on a statement of indebtedness any debt incurred or entered into on or before the date the statement is filed. (4) Each reconciliation statement shall include all of the following: (A) A list of all debts listed on the previous year’s statement of indebtedness, if any. (B) A list of all debts not listed on the previous year’s statement of indebtedness, but incurred or entered into in the previous year and paid in whole or in part from incremental tax revenue received by the district. This listing may aggregate into a single item debts incurred or entered into in the previous year for a particular purpose, such as relocation expenses, administrative expenses, consultant expenses, or remediation of hazardous materials. (C) For each debt described in subparagraph (A) or (B), all of the following shall be included: (i) The total amount of principal and interest remaining to be paid as of the later of the beginning of the previous year or the date the debt was incurred or entered into. (ii) Any increases or additions to the debt occurring during the previous year. (iii) The amount paid on the debt in the previous year from incremental tax revenue received by the district. (iv) The amount paid on the debt in the previous year from revenue other than incremental tax revenue received by the district. (v) The total amount of principal and interest remaining to be paid as of the end of the previous fiscal year. (D) The available revenues of the district as of the beginning of the previous fiscal year. (E) The amount of incremental tax revenue received by the district in the previous fiscal year. (F) The amount of available revenue received by the district in the previous fiscal year other than incremental tax revenue. (G) The sum of the amounts paid on all debts from sources other than incremental tax revenue, to the extent that the amounts are not included as available revenues under subparagraph (F). (H) The sum of the amounts specified in subparagraphs (D) to (G), inclusive. (I) The sum of the amounts specified in clauses (iii) and (iv) of subparagraph (C) of paragraph (4). (J) The amount determined by subtracting the amount determined under subparagraph (I) from the amount determined under subparagraph (H). The amount determined under this paragraph shall be the available revenues as of the end of the previous fiscal year to be reported in the statement of indebtedness. (5) For the purposes of this paragraph, available revenues shall include all cash or cash equivalents held by the district that were received by the district under subparagraph (D) of paragraph (3) of subdivision (g) and all cash or cash equivalents held by the district that are irrevocably pledged or restricted to payment of a debt that the district has listed on a statement of indebtedness. In no event shall available revenues include funds allocated to the waterfront set-aside. (6) For the purposes of this subdivision: (A) the amount a district is required to deposit into the waterfront set-aside shall constitute an indebtedness of the district, (B) no debt that a district intends to pay from the waterfront set-aside shall be listed on a statement of indebtedness or reconciliation statement as a debt of the district, and (C) any statutorily authorized deficit in or borrowing from funds in the waterfront set-aside shall constitute an indebtedness of the district. (7) The county tax collector shall allocate and pay, at the same time or times as the payment of taxes into the funds of the respective taxing agencies of the county, the portion of incremental tax revenues allocated to each district under the infrastructure financing plan. The amount allocated and paid shall not exceed the amount of the district’s remaining debt obligations, as determined under subparagraph (C) of paragraph (2), minus the amount of available revenues as of the end of the previous fiscal year, as determined under subparagraph (D) of paragraph (2). (8) The statement of indebtedness constitutes prima facie evidence of the debts of the district. (A) If the county tax collector disputes the amount of the district’s debts as shown on the statement of indebtedness, the county tax collector, within 30 days after receipt of the statement, shall give written notice to the district thereof. (B) The district, within 30 days after receipt of notice under subparagraph (A), shall submit any further information it deems appropriate to substantiate the amount of any debt that has been disputed. If the county tax collector still disputes the amount of debt, final written notice of that dispute shall be given to the district, and the amount disputed may be withheld from allocation and payment to the district as otherwise required by paragraph (7). In that event, the county tax collector shall bring an action in the superior court for declaratory relief to determine the matter no later than 90 days after the date of the final notice. (C) In any court action brought under this paragraph, the issue shall involve only the amount of debt, and not the validity of any contract or debt instrument or any expenditures pursuant thereto. Payments to a trustee under a bond resolution or indenture of any kind or payments to a public agency in connection with payments by that public agency under a lease or bond issue shall not be disputed in any action under this paragraph. The matter shall be set for trial at the earliest possible date and shall take precedence over all other cases except older matters of the same character. Unless an action is brought within the time provided for herein, the county tax collector shall allocate and pay the amount shown on the statement of indebtedness as provided in paragraph (7). (D) Nothing in this subdivision shall be construed to permit a challenge to or attack on matters precluded from challenge or attack by reason of Sections 53395.6 and 53395.7. However, nothing in this subdivision shall be construed to deny a remedy against the district otherwise provided by law. (E) The Controller shall prescribe uniform forms consistent with this subdivision for a district’s statement of indebtedness and reconciliation statement. In preparing these forms, the Controller shall obtain the input of the San Francisco City Controller, the San Francisco Tax Collector, and the district. (F) For the purposes of this subdivision, a fiscal year shall be a year that begins on July 1 and ends the following June 30. (j) (1) Prior to the adoption by the board of an infrastructure financing plan providing for tax increment financing under subparagraph (D) of paragraph (3) of subdivision (g), any affected taxing entity may elect to be allocated, and every local educational agency shall be allocated, all or any portion of the tax revenues allocated to the district under subparagraph (D) of paragraph (3) of subdivision (g) attributable to increases in the rate of tax imposed for the benefit of the taxing entity which levy occurs after the tax year in which the ordinance adopting the infrastructure financing plan becomes effective. (2) The governing body of any affected taxing entity electing to receive allocation of taxes under this subdivision shall adopt a resolution to that effect and transmit the same, prior to the adoption of the infrastructure financing plan, to (A) the board, (B) the district, and (C) the county tax collector. Upon receipt by the county tax collector of the resolution, allocation of taxes under this section to the affected taxing entity shall be made at the time or times allocations are made under subdivision (a) of Section 33670 of the Health and Safety Code. (3) An affected taxing entity, at any time after the adoption of the resolution, may elect not to receive all or any portion of the additional allocation of taxes under this section by rescinding the resolution or by amending the same, as the case may be, and giving notice thereof to the board, the district, and the county tax collector. After receipt of a notice by the county tax collector that an affected taxing entity has elected not to receive all or a portion of the additional allocation of taxes by rescission or amendment of the resolution, any allocation of taxes to the affected taxing entity required to be made under this section shall not thereafter be made, but shall be allocated to the district. After receipt of a notice by the county tax collector that an affected taxing entity has elected to receive additional tax revenues attributable to only a portion of the increases in the rate of tax, only that portion of the tax revenues shall thereafter be allocated to the affected taxing entity, and the remaining portion thereof shall be allocated to the district. (k) This section implements and fulfills the intent of Article 2 (commencing with Section 53395.10) and of Article XIII B and is consistent with the conclusion of California courts that tax increment revenues are not “proceeds of taxes” for purposes of the latter. The allocation and payment to a district of the portion of taxes specified in this section for the purpose of paying principal of, or interest on, loans, advances, or indebtedness incurred for facilities or the cost of acquisition and construction of facilities under this section shall not be deemed the receipt by a district of proceeds of taxes levied by or on behalf of the district within the meaning or for the purposes of Article XIII B of the California Constitution, nor shall this portion of taxes be deemed receipt of proceeds of taxes by, or an appropriation subject to limitation of, any other public body within the meaning or for purposes of Article XIII B of the California Constitution or any statutory provision enacted in implementation of Article XIII B. The allocation and payment to a district of this portion of taxes shall not be deemed the appropriation by a district of proceeds of taxes levied by or on behalf of a district within the meaning or for purposes of Article XIII B of the California Constitution. (Amended by Stats. 2012, Ch. 785, Sec. 1. (AB 2259) Effective January 1, 2013.)
  143. 53395.81.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    This section limits how a special waterfront district in San Francisco can use certain tax-increment funds, requires a 20% set-aside for specified waterfront improvements, and sets review and filing steps for the financing 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.81. (a) This section shall apply only to a special waterfront district. (b) A special waterfront district may be created as a waterfront district pursuant to, and shall be subject to, all applicable requirements of Sections 53395.3 and 53395.8, except as provided in this section. (c) (1) The special waterfront district ERAF share produced in a Port America’s Cup district with a special waterfront district enhanced financing plan shall be used only to finance the following: (A) Construction of the port’s maritime facilities at Pier 27. (B) Planning and design work that is directly related to the port’s maritime facilities at Pier 27. (C) Planning, design, and acquisition and construction of improvements to publicly owned waterfront lands held by trustee agencies, such as the National Park Service, the California State Parks, and departments of San Francisco, and used as public spectator viewing sites for America’s Cup-related events, including portions of the San Francisco Bay Trail under the jurisdiction of those trustee agencies. Any improvements authorized under this subparagraph shall not be required to be in the district. (D) Future installations of shoreside power facilities on port maritime facilities. (2) A special waterfront district enhanced financing plan for a Port America’s Cup district shall provide that the proceeds of special waterfront district ERAF-secured debt are restricted for use to finance directly, reimburse the port for its costs related to, or refinance other debt incurred in, the construction of the port’s maritime facilities at Pier 27, including public access and public open-space improvements, and for any other purposes for which the ERAF share can be used, subject to the set-aside requirements of paragraph (3). (3) Twenty percent in the aggregate of the special waterfront district ERAF share allocated to a Port America’s Cup district under this section shall be set aside to finance costs of planning, design, acquisition, and construction of improvements to waterfront lands owned by federal, state, or local trustee agencies, such as the National Park Service or the California State Parks as provided in subparagraph (C) of paragraph (1). Any improvements authorized under this paragraph are not required to be located in the district. (4) The 20 percent set-aside requirements applicable to a special waterfront district set forth in paragraph (3) are in lieu of the set-aside requirement set forth in clause (ii) of subparagraph (C) of paragraph (3) of subdivision (g) of Section 53395.8. (5) All improvements authorized by this section in a Port America’s Cup district shall be deemed to be public facilities of communitywide significance, which provide significant benefits to an area larger than the area of the district. (d) If any portion of the 20-percent set-aside funds described in paragraph (3) of subdivision (c) is allocated to a federal or state trustee agency, both of the following shall apply: (1) The special waterfront district enhanced financing plan for the Port America’s Cup district shall specify the portion of the 20-percent set-aside funds described in paragraph (3) of subdivision (c) that is allocated to any federal or state trustee agency. However, the trustee agency’s proposed use of the 20-percent set-aside funds does not need to be described in the special waterfront district enhanced financing plan pursuant to subparagraph (B) of paragraph (3) of subdivision (g) of Section 53395.8. (2) San Francisco shall direct the county tax collector to pay the 20-percent set-aside funds allocated to the federal or state trustee agency directly to such trustee agency. (e) (1) Before adopting the resolution authorizing the first debt issuance by a Port America’s Cup district with a special waterfront district enhanced financing plan authorized by this section, the board of supervisors shall submit a fiscal analysis to the California Infrastructure and Economic Development Bank for review and approval. (2) The bank may circulate the fiscal analysis to other state agencies, including, but not limited to, the Department of Finance, the Department of Housing and Community Development, and the Office of Planning and Research, and solicit their comments and recommendations. After considering the comments and recommendations of other state agencies, if any, the bank shall take one of the following actions: (A) Approve the fiscal analysis if the bank makes the finding required pursuant to paragraph (4). (B) Return the fiscal analysis to the board of supervisors with specific recommendations for changes that would allow the bank to approve the fiscal analysis. (3) The bank shall have 90 days from the receipt of the fiscal analysis to act pursuant to this subdivision. If the bank does not act within 90 days, the fiscal analysis shall be deemed approved. (4) For bank approval, the fiscal analysis shall demonstrate to the bank’s reasonable satisfaction a reasonable probability that the economic activity proposed to occur as a result of hosting the America’s Cup event in California would result in an amount of revenue to the General Fund with a net present value that is greater than the net present value of the amount of property tax increment revenues that would be diverted from ERAF over the term of the Port America’s Cup district, taking into consideration all pertinent data. In reviewing the board’s fiscal analysis, the bank shall consider only those General Fund revenues that would occur because of economic activity proposed to occur as a result of hosting the America’s Cup event in California. The bank shall not consider those General Fund revenues that would have occurred if the America’s Cup event were not held in California. (5) The legislative body shall reimburse the bank for the reasonable cost of the review and approval of the fiscal analysis. (f) The county tax collector shall allocate and pay to a special waterfront district the portion of taxes required to be allocated pursuant to an approved special waterfront district enhanced financing plan. If the plan allocates 100 percent of the incremental tax revenue of San Francisco that is available under applicable law to be allocated to the special waterfront district, then the special waterfront district shall not make a payment to ERAF, but if the plan allocates less than 100 percent of the incremental tax revenue of San Francisco that is available under applicable law to be allocated to a special waterfront district then the special waterfront district shall pay a proportionate share of incremental tax revenue into ERAF. The special waterfront district shall file a statement of indebtedness and a reconciliation statement annually in the same manner as described in subdivision (i) of Section 53395.8. It is the intent of this subdivision that any special waterfront district shall be deemed to be a district formed pursuant to subparagraph (D) of paragraph (3) of subdivision (g) of Section 53395.8 for purposes of allocation and payment of taxes by the county tax collector as set forth in subdivision (i) of Section 53395.8. (g) This section implements and fulfills the intent of Article 2 (commencing with Section 53395.10) and of Article XIII B and is consistent with the conclusion of California courts that tax increment revenues are not “proceeds of taxes” for purposes of the latter. The allocation and payment to a special waterfront district of the special waterfront district ERAF share for the purpose of paying principal of, or interest on, loans, advances, or indebtedness incurred for facilities or the cost of acquisition and construction of facilities under this section shall not be deemed the receipt by the special waterfront district of proceeds of taxes levied by or on behalf of the special waterfront district within the meaning or for the purposes of Article XIII B of the California Constitution, nor shall this portion of taxes be deemed the receipt of proceeds of taxes by, or an appropriation subject to limitation of, any other public body within the meaning or for purposes of Article XIII B of the California Constitution or any statutory provision enacted in implementation of Article XIII B. The allocation and payment to a special waterfront district of this portion of taxes shall not be deemed the appropriation by a special waterfront district of proceeds of taxes levied by or on behalf of a district within the meaning or for purposes of Article XIII B of the California Constitution. (h) For purposes of this section, the meanings set forth in subdivision (c) of Section 53395.8 shall apply as appropriate, and the following terms have the following meanings, except as otherwise provided: (1) “Port America’s Cup district” means a special waterfront district in the City and County of San Francisco that includes one or more of Seawall Lot 330, Pier 19, Pier 23, and Pier 29. (2) “Special waterfront district” means a waterfront district in San Francisco that may comprise some or all of the America’s Cup venues or potential venues. (3) “Special waterfront district enhanced financing plan” means an infrastructure financing plan for a special waterfront district that contains a provision substantially similar to that authorized for a Pier 70 district under subparagraph (D) of paragraph (3) of subdivision (g) of Section 55395.8, with only those changes deemed necessary by the legislative body of the special waterfront district to implement the financing of the improvements described in paragraph (1) of subdivision (c). (4) “Special waterfront district ERAF-secured debt” means debt incurred in accordance with a special waterfront district enhanced financing plan that is secured by and will be repaid from the special waterfront district ERAF share. For a Port America’s Cup district, special waterfront district ERAF-secured debt includes the portion of any debt that is payable from the special waterfront district ERAF share as long as the same percentage of debt proceeds will be used for the purposes authorized by paragraph (2) of subdivision (c). (5) (A) “Special waterfront ERAF share” means the county ERAF portion of incremental tax revenue committed, as applicable, to a special waterfront district under a special waterfront district enhanced financing plan. (B) Notwithstanding any other provision of this chapter, the maximum amount of the county ERAF portion of incremental tax revenues committed to a special waterfront district under this section shall not exceed one million dollars ($1,000,000) in any fiscal year. (Amended by Stats. 2012, Ch. 785, Sec. 2. (AB 2259) Effective January 1, 2013.)
  144. 53395.82.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    This section lets the City of Oakland create an infrastructure financing district, adopt and amend a financing plan, and issue bonds, but only under the procedures and limits stated 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.82. (a) This section applies only to the City of Oakland and any infrastructure financing district proposed by the City of Oakland, as described in this section. (b) In addition to the findings and declarations in Section 53395, the Legislature further finds and declares that consolidating in a single agency the ability to capture property tax increment revenues to finance qualified public facilities in the City of Oakland will provide communitywide benefits. (c) For purposes of this section: (1) “Affected taxing entity” means any governmental taxing agency, except Oakland and its local educational agencies, that levied or had levied on its behalf a property tax on all or a portion of the land located in the proposed district in the fiscal year prior to the designation of the district, all or a portion of which the district proposes to collect in the future under its infrastructure financing plan. (2) “Base year” means the fiscal year in which the assessed value of taxable property in the district was last equalized prior to the effective date of the ordinance adopted to create the district, or a subsequent fiscal year specified in the infrastructure financing plan for the district. (3) “City council” means the City Council of the City of Oakland. (4) “Debt” means loans, advances, or other forms of indebtedness and financial obligations, including, but not limited to, commercial paper, variable rate demand notes, all moneys payable in relation to the debt, and all debt service coverage requirements in any debt instrument, in addition to the obligations specified in the definition of “debt” in Section 53395.1. (5) “District” means any district created pursuant to this section, including any project area within a district. (6) “District board” means the governing body for the district created pursuant to this section. The district board shall include each member of the city council and one member from each affected taxing entity, if any, that adopts a resolution approving an infrastructure financing plan pursuant to this section. If no affected taxing entity adopts a resolution approving an infrastructure financing plan pursuant to this section, the district board shall be the city council. (7) “Local educational agencies” means, collectively, the Oakland Unified School District, the Peralta Community College District, and the Alameda County Office of Education. (8) “Oakland” means the City of Oakland. (9) “Project area” means a defined area within a district formed under this chapter in accordance with subdivision (e). (10) “Public facilities” means facilities authorized to be financed in whole or in part by a district formed under this chapter in accordance with subdivision (e). Public facilities may be publicly owned or privately owned if they are available to and serve the general public, but shall not include any ball park for the Oakland Athletics Major League Baseball franchise. (d) (1) A district may finance the design, purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer, as described in this chapter. The facilities need not be physically located within the boundaries of the district. However, any facilities financed outside a district shall have a tangible connection to the work of the district, as detailed in the infrastructure financing plan adopted in accordance with subdivision (e). Subdivision (b) of Section 53395.3 shall not apply to the district, but the district shall only finance public facilities of communitywide significance that provide significant benefits to the district or the surrounding community. (2) A district shall not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind. (3) In addition to any other project authorized by this chapter, a district formed pursuant to this section may finance any of the following: (A) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities. (B) Sewage treatment and water reclamation plants and interceptor pipes. (C) Facilities for the collection and treatment of water for urban uses. (D) Flood control levees and dams, retention basins, and drainage channels. (E) Childcare facilities. (F) Libraries. (G) Parks, recreational facilities, and open space. (H) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (I) Brownfield restoration and other environmental mitigation. (J) The development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable. (K) The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district. (L) The acquisition, construction, or rehabilitation of housing, whether publicly or privately owned, for very low income households and persons and families of low or moderate income, as those terms are defined in Sections 50105 and 50093, respectively, of the Health and Safety Code, for rent or purchase. (M) Acquisition, construction, or repair of industrial structures for private use. (N) Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are located within a transit priority project area. For purposes of this paragraph, “transit priority project area” includes a military base reuse plan that meets the definition of a transit priority project area or a contaminated site within a transit priority project area. (O) If the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets, projects that implement a sustainable communities strategy. (P) Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vectorborne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought. (Q) Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code. (R) The acquisition, construction, or improvement of broadband internet access service, as defined in Section 53167. Notwithstanding any other law, a district that acquires, constructs, or improves broadband internet access service may transfer the management and control of those facilities to a local agency that is authorized to provide broadband internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1. (S) Remediation of hazardous materials in, on, under, or around any real or tangible property. (T) Seismic and life safety improvements to existing buildings. (U) Rehabilitation, restoration, and preservation of structures, buildings, or other facilities having special historical, architectural, or aesthetic interest or value and that are listed on the National Register of Historic Places, are eligible for listing on the National Register of Historic Places individually or because of their location within an eligible registered historic district, or are listed on a state or local register of historic landmarks. (V) Structural repairs and improvements to piers, seawalls, and wharves, and installation of piles. (W) Removal of bay fill. (X) Stormwater management facilities, other utility infrastructure, or public open-space improvements. (Y) Other repairs and improvements to public facilities. (Z) Planning and design work that is directly related to any public facilities authorized to be financed by a district. (AA) Reimbursement payments made to the California Infrastructure and Economic Development Bank in accordance with paragraph (5) of subdivision (e) of Section 53395.81. (BB) Improvements, which may be publicly owned, to protect against potential sea level rise. (CC) Fire stations. (e) Notwithstanding Sections 53395.10 to 53395.25, inclusive, the district board may adopt or amend one or more infrastructure financing plans for the district according to the procedures in this section. The district shall include only those areas, which may be noncontiguous, that the district board finds are necessary to achieve the goals of the district, as identified in the resolution of intention adopted pursuant to this section. Any district may be divided into project areas, each of which may be subject to distinct limitations established under this section. The district board may, at any time, add territory to the district or amend the infrastructure financing plan for the district in accordance with the same procedures for the formation of the district and adoption of the infrastructure financing plan pursuant to this section. (1) Before initiating proceedings for the establishment of a district pursuant to this section, the city council shall make all of the following findings: (A) There is a need for the district. (B) A thorough financial analysis and plan for the public facilities in the district have been completed. (C) The boundaries for the district have been identified. (D) Analyses and determinations have occurred regarding all of the following: (i) The projected cost of the public facilities. (ii) The parties that, in addition to the city, will contribute to the cost of constructing the public facilities. (iii) Whether, and the extent to which, development facilitated by the district will generate economic benefits to the city, including, but not limited to, participation in any revenue stream to be generated by any project on city-owned property, or community benefits, such as public open space and affordable housing. (2) Upon making the findings required by paragraph (1), the city council may initiate proceedings for the establishment of a district by adopting a resolution of intention to establish the proposed district, which shall do all of the following: (A) State that an infrastructure financing district is proposed to be established and describes the boundaries of the proposed district. The boundaries may be described by reference to a map on file in the office of the clerk of the city council. (B) Describe the type of public facilities proposed to be financed by the district. (C) State that some or all of the incremental property tax revenue from Oakland and some or all affected taxing entities within the district, but none of the local educational agencies, may be used to finance these public facilities. (D) State the need for the district and identify the goals that the district proposes to achieve. (E) Direct the preparation of a proposed infrastructure financing plan. (3) The city council shall direct the city clerk to mail a copy of the resolution of intention to any affected taxing entities. (4) The proposed infrastructure financing plan shall be consistent with the general plan of Oakland, as amended from time to time, and shall include all of the following: (A) A map and legal description of the proposed district, which may include all or a portion of the district designated by the district board in its resolution of intention. (B) A description of the public facilities required to serve the district, including those to be provided by the private sector, those to be provided by governmental entities without assistance under this chapter, those public facilities to be financed with assistance from the proposed district, and those to be provided jointly. The description shall include the proposed location, timing, purpose, and projected costs of the public facilities. (C) A financing section that shall contain all of the following: (i) A provision that specifies the maximum portion of the incremental tax revenue of Oakland and of any affected taxing entity proposed to be committed to the district, and affirms that the plan will not allocate any portion of the incremental tax revenue of the local educational agencies to the district. The portion need not be the same for all affected taxing entities. The portion may change over time. (ii) Limitations on the use of levied taxes allocated to and collected by the district that provide that incremental tax revenues allocated to a district must be used for purposes authorized under this section. (iii) A projection of the amount of incremental tax revenues expected to be received by the district, assuming a district receives incremental tax revenues for a period no later than 45 years after Oakland projects that the district will have received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter. In the event that the district board divides the district into multiple project areas, the projection of the amount of incremental tax revenues expected to be received by the district shall be calculated separately for each project area. (iv) Projected sources of financing for the public facilities to be assisted by the district, including debt to be repaid with incremental tax revenues, projected revenues from future leases, sales, or other transfers of any interest in land within the district, and any other legally available sources of funds. (v) A limitation on the aggregate number of dollars of levied taxes that may be divided and allocated to the district. Taxes shall not be divided or be allocated to the district beyond this limitation, except by amendment of the infrastructure financing plan pursuant to the procedures in this subdivision. If the district board divides the district into multiple project areas, the project areas may share this limit and the limit may be divided among the project areas or a separate limit may be established for a project area. (vi) For the district, or for each project area of the district if the district board divides the district into multiple project areas, a date on which the infrastructure financing plan will cease to be in effect and all tax allocations to the district will end and a date on which the district’s authority to repay indebtedness with incremental tax revenues received under this chapter will end, not to exceed 45 years from the date the district or the applicable project area has actually received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter. After the time limits established under this subparagraph, a district or project area shall not receive incremental tax revenues under this chapter. If the district board divides the district into multiple project areas, the district board may establish a separate and unique time limit applicable to each project area that does not exceed 45 years from the date the district has actually received one hundred thousand dollars ($100,000) in incremental tax revenues under this chapter from that project area. (vii) An analysis of the costs to Oakland for providing facilities and services to the district while the district is being developed and after the district is developed, and of the taxes, fees, charges, and other revenues expected to be received by Oakland as a result of expected development in the district. (viii) An analysis of the projected fiscal impact of the district and any associated development upon any affected taxing entity. If there are no affected taxing entities because the plan does not provide for collection by the district of any portion of property tax revenues allocated to any taxing entity other than Oakland, the district has no obligation to any other taxing entity under this subdivision. (ix) Estimated administrative expenses to be paid with incremental tax revenues allocated to the district. (x) A statement that the district will maintain accounting procedures in accordance, and otherwise comply, with Section 6306 of the Public Resources Code for the term of the plan. (D) A provision that meets the requirements of Section 53396 providing for the division of taxes, if any, levied upon taxable property within the district and the allocation of a portion of the incremental tax revenue of Oakland and other designated affected taxing entities to the district. (5) This chapter shall not be construed to prevent a district that is formed pursuant to this section from utilizing revenues from any of the following sources to support its activities, provided that the infrastructure financing plan has been approved in accordance with this section: (A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). (B) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). (C) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). (D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code). (E) The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code). (F) The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). (G) The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4). (H) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)). (I) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)). (6) The proposed infrastructure financing plan shall be mailed to each affected taxing entity for review, together with, to the extent available, any report required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that pertains to the proposed public facilities and any proposed development project for which the public facilities are needed, and shall be made available for public inspection. The report also shall be sent to the Oakland Planning and Building Department and the city council. (7) The city council shall not enact a resolution proposing formation of a district and providing for the division of taxes of any affected taxing entities for use in the district as set forth in the proposed infrastructure financing plan unless the governing body of each affected taxing entity adopts a resolution approving the plan, and that resolution has been filed with the city council at or before the time of the hearing. A resolution approving the plan adopted by the governing body of an affected taxing entity shall be deemed the affected taxing entity’s agreement to participate in the plan for the purposes of this section. (8) If the governing body of an affected taxing entity has not approved the infrastructure financing plan before the city council considers the plan, the city council shall amend the infrastructure financing plan to remove the allocation of the tax revenues of the nonconsenting affected taxing entity. (9) (A) The district board shall consider adoption of the infrastructure financing plan at three public hearings that shall take place at least 30 days apart. Notice of each public hearing shall be given in accordance with paragraph (17). (B) At the first public hearing, the district board shall hear all written and oral comments, but take no action. (C) At the second public hearing, the district board shall consider any additional written and oral comments and take action to modify or reject the infrastructure financing plan. If the infrastructure financing plan is not rejected at the second public hearing, then the district board shall conduct a protest proceeding at the third public hearing to consider whether the landowners and residents within the infrastructure financing plan area wish to present oral or written protests against the adoption of the infrastructure financing plan. (10) The draft infrastructure financing plan shall be made available to the public and to each landowner within the area at a meeting held at least 30 days prior to the notice given for the first public hearing. The purposes of the meeting shall be to allow the staff of the district board to present the draft infrastructure financing plan, answer questions about the infrastructure financing plan, and consider comments about the infrastructure financing plan. (11) (A) Notice of the meeting required by paragraph (10) and the public hearings required by paragraph (9) shall be given in accordance with paragraph (17). The notice shall do the following, as applicable: (i) Describe specifically the boundaries of the proposed area. (ii) Describe the purpose of the infrastructure financing plan. (iii) State the day, hour, and place when and where any and all persons having any comments on the proposed infrastructure financing plan may appear to provide written or oral comments to the infrastructure financing district. (iv) Notice of the second public hearing shall include a summary of the changes made to the infrastructure financing plan as a result of the oral and written testimony received at or before the public hearing and shall identify a location accessible to the public where the infrastructure financing plan proposed to be presented at the second public hearing can be reviewed. (v) Notice of the third public hearing to consider any written or oral protests shall contain a copy of the infrastructure financing plan, and shall inform each landowner and resident of their right to submit an oral or written protest before the close of the public hearing. The protest may state that the landowner or resident objects to the district board taking action to implement the infrastructure financing plan. (B) At the third public hearing, the district board shall consider all written and oral protests received prior to the close of the public hearing along with the recommendations, if any, of affected taxing entities, and shall terminate the proceedings or adopt the infrastructure financing plan subject to confirmation by the voters at an election called for that purpose. The district board shall terminate the proceedings if there is a majority protest. A majority protest exists if protests have been filed representing over 50 percent of the combined number of landowners and residents in the area who are at least 18 years of age. An election shall be called if between 25 percent and 50 percent of the combined number of landowners and residents in the area who are at least 18 years of age file a protest. (12) An election required pursuant to subparagraph (B) of paragraph (11) shall be held within 90 days of the public hearing and may be held by mail-in ballot. The district board shall adopt, at a duly noticed public hearing, procedures for this election. (13) If a majority of the landowners and residents vote against the infrastructure financing plan, then the district board shall not take any further action to implement the proposed infrastructure financing plan. The district board shall not propose a new or revised infrastructure financing plan to the affected landowners and residents for at least one year following the date of an election in which the infrastructure financing plan was rejected. (14) At the hour set in the notices required by paragraph (9), the district board shall consider all written and oral comments. (15) If less than 25 percent of the combined number of landowners and residents in the area who are at least 18 years of age file a protest, the district board may adopt the infrastructure financing plan at the conclusion of the third public hearing by ordinance. The ordinance adopting the infrastructure financing plan shall be subject to referendum as prescribed by law. (16) The district board shall consider and adopt an amendment or amendments to an infrastructure financing plan in accordance with the provisions of this section. (17) The district board shall post notice of each meeting or public hearing required by this section in an easily identifiable and accessible location on the district’s internet website and shall mail a written notice of the meeting or public hearing to each resident and each taxing entity at least 10 days prior to the meeting or public hearing. (A) Notice of the first public hearing shall also be published not less than once a week for four successive weeks prior to the first public hearing in a newspaper of general circulation published in the County of Alameda. The notice shall state that the district will be used to finance public facilities or development, briefly describe the public facilities or development, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed district, and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the district board and object to the adoption of the proposed plan by the district board. (B) Notice of the second public hearing shall also be published not less than 10 days prior to the second public hearing in a newspaper of general circulation in the County of Alameda. The notice shall state that the district will be used to finance public facilities or development, briefly describe the public facilities or development, briefly describe the proposed financial arrangements, describe the boundaries of the proposed district, and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the district board and object to the adoption of the proposed plan by the district board. (C) Notice of the third public hearing shall also be published not less than 10 days prior to the third public hearing in a newspaper of general circulation in the County of Alameda. The notice shall state that the district will be used to finance public facilities or development, briefly describe the public facilities or development, briefly describe the proposed financial arrangements, describe the boundaries of the proposed district, and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the district board and object to the adoption of the proposed plan by the district board. (18) This section implements and fulfills the intent of this chapter and of Article XIII B of the California Constitution. The allocation and payment to a district of the portion of taxes specified in this section for the purpose of paying principal of, or interest on, loans, advances, or indebtedness incurred by the district under this section shall not be deemed the receipt by a district of proceeds of taxes levied by or on behalf of the district within the meaning or for the purposes of Article XIII B of the California Constitution, nor shall that portion of taxes be deemed receipt of proceeds of taxes by, or an appropriation subject to limitation of, any other public body within the meaning or for purposes of Article XIII B of the California Constitution or any statutory provision enacted in implementation of Article XIII B of the California Constitution. (19) Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of an infrastructure financing plan, including a division of taxes thereunder, or an election pursuant to this section shall be commenced within 30 days after the enactment of the ordinance creating the district pursuant to this subdivision. Consistent with the time limitations of this paragraph an action or proceeding with respect to a division of taxes under this section may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that Section 869 of the Code of Civil Procedure shall not apply. (20) An action to determine the validity of the issuance of bonds pursuant to this section may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, the action shall be commenced within 30 days after adoption of the resolution pursuant to paragraph (1) of subdivision (f) providing for issuance of the bonds if the action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure. Any appeal from a judgment in that action or proceeding shall be commenced within 30 days after entry of judgment. (21) (A) The district board shall review the infrastructure financing plan at least annually and make any amendments that are necessary and appropriate and shall require the preparation of an annual independent financial audit paid for from revenues of the infrastructure financing district. (B) The district board shall adopt an annual report on or before June 30 of each year after holding a public hearing. Written copies of the draft report shall be made available to the public 30 days prior to the public hearing. The district board shall cause the draft report to be posted in an easily identifiable and accessible location on the district’s internet website and shall mail a written notice of the availability of the draft report on the internet website to each landowner and each resident within the area covered by the infrastructure financing plan and to each affected taxing entity that has adopted a resolution pursuant to paragraph (7). The notice shall be mailed by first-class mail, but may be addressed to “occupant.” (C) The annual report shall contain all of the following: (i) A description of the projects undertaken in the fiscal year, including any rehabilitation of structures, and a comparison of the progress expected to be made on those projects compared to the actual progress. (ii) A chart comparing the actual revenues and expenses, including administrative costs, of the district board to the budgeted revenues and expenses. (iii) The amount of tax increment revenues received. (iv) An assessment of the status regarding completion of the district’s projects. (v) The amount of revenues expended to assist private businesses. (D) If the district board fails to provide the annual report required by subparagraph (B), the district board shall not spend any funds received pursuant to a resolution adopted pursuant to this section until the district board has provided the report. (22) The ordinance creating a district and adopting or amending an infrastructure financing plan shall establish the base year for the district. The district board may amend an infrastructure financing plan by ordinance for any purpose, including, but not limited to, the following: (A) Dividing an established district into one or more project areas. (B) Reducing the district area. (C) Expanding the district area. (23) Oakland may enter into an agreement for the construction of discrete portions or phases of public facilities. The agreement may include any provisions that Oakland determines are necessary or convenient, but shall do all of the following: (A) Identify the specific public facilities or discrete portions or phases of public facilities to be constructed and purchased. Oakland may agree to purchase discrete portions or phases of public facilities if the portions or phases are capable of serviceable use as determined by Oakland. (B) Identify procedures to ensure that the public facilities are constructed pursuant to plans, standards, specifications, and other requirements as determined by Oakland. (C) Specify a price or a method to determine a price for each public facility or discrete portion or phase of a public facility. (D) Specify procedures for final inspection and approval of public facilities or discrete portions or phases of public facilities, for approval of payment and for acceptance and conveyance. (f) Notwithstanding Sections 53397.1 to 53397.11, inclusive, the district board may approve and issue bonds for the district according to the procedures in this section. (1) The district board may, by resolution adopted at the time of the formation of the district, authorize the issuance of bonds in one or more series by determining the aggregate principal amount of bonds that may be issued in the district. The district board may undertake the proceedings and actions described in this subdivision with respect to the district as a whole, or separately with respect to one or more project areas. If the district board undertakes the proceedings for the district as a whole, it may thereafter, by resolution, allocate the principal amount of the authorized bond issuance to one or more project areas within the district. The district board may increase the principal amount of bonds that may be issued for the district or a project area within the district by undertaking the proceedings in this subdivision with respect to that increased amount. The bonds may be sold at a negotiated sale or a competitive sale subject to the notice requirements of paragraph (5). (2) At any time after formation of the district and adoption of the resolution described in paragraph (1), the district board may, by a majority vote of its members, issue tax-exempt or taxable bonds in one or more series. Bonds shall be issued following adoption of a resolution containing all of the following information: (A) A description of the facilities to be financed with the proceeds of the proposed bond issue. (B) The estimated cost of the facilities, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance. (C) The maximum interest rate and discount on the proposed bond issuance. (D) A determination of the amount of tax revenue available or estimated to be available, for the payment of the principal of, and interest on, the bonds. (E) A finding that the amount necessary to pay the principal of, and interest on, the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subparagraph (D). (F) The issuance of the bonds in one or more series. (G) The date the bonds will bear. (H) The date of maturity of the bonds. (I) The denomination of the bonds. (J) The form of the bonds. (K) The manner of execution of the bonds. (L) The medium of payment in which the bonds are payable. (M) The place or manner of payment and any requirements for registration of the bonds. (N) The terms of call or redemption, with or without premium. (3) The district board may, by majority vote of the members of the district board, provide for refunding of bonds issued pursuant to this subdivision. However, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded. The district board shall not extend the time to maturity of the bonds being refunded. (4) The district board, the city council, or any person executing the bonds shall not be personally liable on the bonds by reason of their issuance. The bonds and other obligations of a district issued pursuant to this chapter are not a debt of the city or of any of its political subdivisions, other than the district, and none of those entities, other than the district, shall be liable on the bonds and the bonds or obligations shall be payable exclusively from funds or properties of the district. The bonds shall contain a statement to this effect on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (5) Bonds may be sold at a negotiated sale or a competitive sale. At least five days before a competitive sale of bonds, the district board shall publish notice of the sale, pursuant to Section 6061, in a newspaper of general circulation and in a financial newspaper published in the City of Oakland and in the City of Los Angeles. (6) If any member of the district board whose signature appears on bonds ceases to be a member of the district board before delivery of the bonds, that member’s signature is as effective with respect to those bonds as if the member had remained in office at the time of delivery of those bonds. (7) Bonds issued pursuant to this subdivision are fully negotiable. (Added by Stats. 2019, Ch. 762, Sec. 2. (SB 293) Effective January 1, 2020.)
  145. 53395.85.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A city or county member of the Orangeline Development Authority may give some or all infrastructure-funding money to that authority for public transit facilities if it establishes an infrastructure financing district for that purpose.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.85. If a city or county that is a member of the Orangeline Development Authority establishes an infrastructure financing district pursuant to this chapter for the purpose of providing funding for public transit facilities, that city or county may provide some or all of this funding to the Orangeline Development Authority for the purposes of furthering public transit facilities within the jurisdiction of the authority, including facilities related to magnetic levitation. (Amended by Stats. 2013, Ch. 210, Sec. 14. (SB 184) Effective January 1, 2014.)
  146. 53395.9.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The Salton Sea Authority may form an infrastructure financing district for Salton Sea reclamation projects, and the district may last up to 40 years; public funds under this section cannot be used to treat or make agricultural tailwaters potable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 1. General Provisions [53395 - 53395.9] ( Article 1 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53395.9. (a) The Salton Sea Authority, a joint powers authority formed by the County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District, may use the provisions of this chapter to form an infrastructure financing district for the purpose of funding the construction of, and purchasing electrical power for, projects for the reclamation and environmental restoration of the Salton Sea. To the extent of any conflict, the provisions of this section shall prevail over any other provision of law. Any district formed pursuant to this section shall be known as “The Salton Sea Infrastructure Financing District.” (b) For purposes of this chapter, the Salton Sea Authority is a “city.” (c) The Salton Sea Infrastructure Financing District may exist for up to 40 years from the date of its formation. (d) No public funds accruing to the Salton Sea Authority pursuant to this section shall be utilized for purposes of treating or making potable, agricultural tailwaters flowing into the Salton Sea. (Added by Stats. 1999, Ch. 59, Sec. 2. Effective January 1, 2000.)
  147. 53396.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53396 - 53396.5] ( Article 3 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    An infrastructure financing plan may divide certain taxes in a specified way for an infrastructure financing 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53396 - 53396.5] ( Article 3 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53396. Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the ordinance adopted pursuant to Section 53395.23 to create the district, shall be divided, subject to the provisions of Section 53993, as follows: (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the ordinance adopted pursuant to Section 53395.23 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid. (b) That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity which has agreed to participate pursuant to Section 53395.19 in excess of the amount specified in subdivision (a) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in subdivision (a), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid. (Amended by Stats. 2016, Ch. 49, Sec. 2. (SB 975) Effective January 1, 2017.)
  148. 53396.5.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53396 - 53396.5] ( Article 3 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A district must pay all county costs incurred in connection with division of taxes under Section 53396.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53396 - 53396.5] ( Article 3 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53396.5. All costs incurred by a county in connection with the division of taxes pursuant to Section 53396 for a district shall be paid by that district. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  149. 53397.1.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body may, by majority vote, start proceedings to issue bonds by adopting a resolution stating that intent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.1. The legislative body may, by majority vote, initiate proceedings to issue bonds pursuant to this chapter by adopting a resolution stating its intent to issue the bonds. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  150. 53397.10.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    Bonds may be sold at a discount of up to 5% at public sale, and notice must be published at least five days before the sale in specified newspapers. Bonds may also be sold privately to the federal government at not less than par without public advertisement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.10. The bonds may be sold at discount not to exceed 5 percent of par at public sale. At least five days prior to the sale, notice shall be published, pursuant to Section 6061, in a newspaper of general circulation and in a financial newspaper published in the City and County of San Francisco and in the City of Los Angeles. The bonds may be sold at not less than par to the federal government at private sale without any public advertisement. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  151. 53397.11.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    If a legislative body member signs bonds and leaves office before delivery, the signature still counts. Bonds issued under this chapter are fully negotiable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.11. If any member of the legislative body whose signature appears on bonds ceases to be a member of the legislative body before delivery of the bonds, his or her signature is as effective as if he or she had remained in office. Bonds issued pursuant to this chapter are fully negotiable. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  152. 53397.2.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A resolution under Section 53397.1 must include specified bond-issuance 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.2. The resolution adopted pursuant to Section 53397.1 shall contain all of the following information: (a) A description of the facilities to be financed with the proceeds of the proposed bond issue. (b) The estimated cost of the facilities, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance. (c) The maximum interest rate and discount on the proposed bond issuance. (d) The date of the election on the proposed bond issuance and the manner of holding the election. (e) A determination of the amount of tax revenue available or estimated to be available, for the payment of the principal of, and interest on, the bonds. (f) A finding that the amount necessary to pay the principal of, and interest on, the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subdivision (e). (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  153. 53397.4.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The clerk of the legislative body must publish the resolution under Section 53397.1 in a newspaper on the required schedule, or post it in three public places if no qualifying newspaper exists.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.4. The clerk of the legislative body shall publish the resolution adopted pursuant to Section 53397.1 once a day for at least seven successive days in a newspaper published in the city or county at least six days a week, or at least once a week for two successive weeks in a newspaper published in the city or county less than six days a week. If there are no newspapers meeting these criteria, the resolution shall be posted in three public places within the territory of the district for two succeeding weeks. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  154. 53397.5.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body must submit any bond proposal to district voters, and the election follows the same process as the district-creation 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.5. The legislative body shall submit the proposal to issue the bonds to the voters who reside within the district. The election shall be conducted in the same manner as the election to create the district pursuant to Section 53395. 20 and the two elections may be consolidated. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  155. 53397.6.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    Bonds may be issued only if two-thirds of voters approve, and then the legislative body must adopt a resolution to carry out the issuance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.6. (a) The bonds may be issued if two-thirds of the voters voting on the proposition vote in favor of issuing the bonds. (b) If the voters approve the issuance of the bonds as provided by subdivision (a), the legislative body shall proceed with the issuance of the bonds by adopting a resolution which shall provide for all of the following: (1) The issuance of the bonds in one or more series. (2) The principal amount of the bonds, which shall be consistent with the amount specified in subdivision (b) of Section 53397.2. (3) The date the bonds will bear. (4) The date of maturity of the bonds. (5) The denomination of the bonds. (6) The form of the bonds. (7) The manner of execution of the bonds. (8) The medium of payment in which the bonds are payable. (9) The place or manner of payment and any requirements for registration of the bonds. (10) The terms of call or redemption, with or without premium. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  156. 53397.7.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    If voters defeat a proposition submitted under this chapter, the legislative body may not submit a similar proposition for at least 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.7. If any proposition submitted to the voters pursuant to this chapter is defeated by the voters, the legislative body shall not submit, or cause to be submitted, a similar proposition to the voters for at least one year after the first election. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  157. 53397.71.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    A legislative body may authorize, structure, increase, and sell waterfront district bonds under specified conditions, including without a voter election in 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.71. Notwithstanding the provisions of this article, all of the following shall apply to the issuance of bonds by a waterfront district established pursuant to Section 53395.8: (a) The legislative body may, by resolution, authorize the issuance of bonds without holding an election of the voters residing in the waterfront district. (b) The legislative body may undertake the proceedings and actions described in this article with respect to the district as a whole, or separately with respect to one or more project areas. If the legislative body undertakes the proceedings for the district as a whole, it may thereafter, by resolution, allocate the principal amount of the authorized bond issuance to one or more project areas within the district. (c) The legislative body may increase the principal amount of bonds that may be issued for a district or a project area within a district by undertaking the proceedings in this article, with respect to that increased amount. (d) The bonds of a waterfront district may be sold at a negotiated sale subject to the notice requirements of Section 53397.10. (Amended by Stats. 2012, Ch. 785, Sec. 3. (AB 2259) Effective January 1, 2013.)
  158. 53397.8.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    The legislative body may, by majority vote, authorize refunding of bonds, but it may not extend the bonds’ maturity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.8. The legislative body may, by majority vote, provide for refunding of bonds issued pursuant to this chapter. However, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded. The legislative body may not extend the time to maturity of the bonds. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  159. 53397.9.

    ## 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. )

    Verify source ↗

    Bonds issued under this chapter must say that the signers are not personally liable, and the bonds are not debts of the city, county, state, or other local entities other than 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 2.8. Infrastructure Financing Districts [53395 - 53397.11] ( Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53397.1 - 53397.11] ( Article 4 added by Stats. 1990, Ch. 1575, Sec. 1. ) ## 53397.9. The legislative body or any person executing the bonds shall not be personally liable on the bonds by reason of their issuance. The bonds and other obligations of a district issued pursuant to this chapter are not a debt of the city, county, or state or of any of its political subdivisions, other than the district, and none of those entities, other than the district, shall be liable on the bonds and the bonds or obligations shall be payable exclusively from funds or properties of the district. The bonds shall contain a statement to this effect on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (Added by Stats. 1990, Ch. 1575, Sec. 1.)
  160. 53398.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The Legislature states that alternative procedures for financing public works and services are needed in the border region to support new commercial and industrial development and jobs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398. (a) The Legislature finds and declares that the North American Free Trade Agreement has resulted in a dramatic increase in trade with Mexico. In 1998 companies in California exported over $13.3 billion worth of goods to Mexico, and more than 80,000 jobs throughout the state are the direct result of this trade. This increased trade has strained the inadequate public infrastructure in the region just north of the international border. (b) The Legislature further finds and declares that there is a significant opportunity for industrial development, including high technology and biotechnology manufacturing, in the region along the border. However, this region lacks the public infrastructure necessary to support new development or to provide for the rapid and reliable delivery of supplies to, and distribution of products from, companies throughout the state. (c) The Legislature finds and declares that the state and federal governments have withdrawn in whole or in part from their former role in financing infrastructure facilities, including highways, roads and interchanges, sewage facilities and water reclamation works, water supply and treatment works, flood control and drainage works, schools, libraries, parks, parking facilities, open space, and seismic retrofit and rehabilitation of public facilities. (d) The Legislature further finds and declares that the methods available to local agencies to finance public works often place an undue and unfair burden on buyers of new homes, especially for public works that benefit the broader community. (e) The Legislature further finds and declares that the absence of practical and equitable methods for financing both regional and local public works leads to a declining standard of public works, a failure to construct new public works needed to support new commercial and industrial development in the region along the border, a reduced quality of life and decreased safety for affected citizens, increased objection to otherwise desirable development, and excessive costs for homebuyers. (f) The Legislature further finds and declares that it is equitable and in the public interest to provide alternative procedures for financing public works and services needed to support new commercial and industrial development in the region along the border that would generate significant new employment opportunities. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  161. 53398.1.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    This section defines terms used in the chapter and says a public agency is not a landowner for these purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.1. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity” means any governmental taxing agency that levied or had levied on its behalf a property tax on all or a portion of the property located in the proposed district in the fiscal year prior to the designation of the district, but not including any county office of education, school district, community college district, or the Educational Revenue Augmentation Fund. (b) “Border development zone” means a strip of land three miles wide with the international border with Mexico on the south, the mean high tide of the Pacific Ocean on the west, and the border with the State of Arizona on the east. (c) “City” means a city, a county, or a city and county. (d) “Debt” means any binding obligation to 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. (e) “Designated official” means the city engineer or other appropriate official designated pursuant to Section 53398.13. (f) “District” means an infrastructure financing district located in the border development zone. (g) “Infrastructure financing district” means a legally constituted governmental entity established pursuant to this chapter for the sole purpose of financing public facilities. (h) “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 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. (i) “Legislative body” means the city council or board of supervisors. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  162. 53398.10.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A city legislative body may designate proposed infrastructure financing districts in the border development zone, but it must start the process by adopting a resolution of intention that includes required statements and sets a 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.10. A legislative body of a city may designate one or more proposed infrastructure financing districts in the border development zone pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that an infrastructure financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city. (b) State the type of public facilities proposed to be financed by the district. The district may only finance public facilities authorized by Section 53398.3. (c) State that incremental property tax revenue from the city and some or all affected taxing entities within the district may be used to finance these public facilities. (d) Fix a time and place for a public hearing on the proposal. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  163. 53398.11.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body must direct the clerk to mail a copy of the resolution of intention to create the district to each owner of land 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.11. The legislative body shall direct the clerk to mail a copy of the resolution of intention to create the district to each owner of land within the district. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  164. 53398.12.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body must direct the clerk to mail a copy of the resolution to each affected taxing entity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.12. The legislative body shall direct the clerk to mail a copy of the resolution to each affected taxing entity. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  165. 53398.13.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    After a resolution is adopted under Section 53398.10, the legislative body must designate and direct the city engineer or another appropriate official to prepare an infrastructure plan under Section 53398.14.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.13. After adopting the resolution pursuant to Section 53398.10, the legislative body shall designate and direct the city engineer or other appropriate official to prepare an infrastructure plan pursuant to Section 53398.14. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  166. 53398.14.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    After receiving the resolution of intention, the designated official must prepare a proposed infrastructure financing 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.14. After receipt of a copy of the resolution of intention to establish a district, the official designated pursuant to Section 53398.13 shall prepare a proposed infrastructure financing plan. The infrastructure financing plan shall be consistent with the general plan of the city within which the district is located and shall include all of the following: (a) A map and legal description of the proposed district, which may include all or a portion of the district designated by the legislative body in its resolution of intention. (b) A description of the public facilities required to serve the development proposed in the area of the district, including those to be provided by the private sector, those to be provided by governmental entities without assistance under this chapter, those public improvements and facilities to be financed with assistance from the proposed district, and those to be provided jointly. The description shall include the proposed location, timing, and costs of the public improvements and facilities. (c) A finding that the public facilities provide significant benefits to the border development zone. (d) A financing section, which shall contain all of the following information: (1) A specification of the maximum portion of the incremental tax revenue of the city and of each affected taxing entity proposed to be committed to the district for each year during which the district will receive incremental tax revenue. The portion need not be the same for all affected taxing entities. The portion may change over time. (2) A projection of the amount of tax revenues expected to be received by the district in each year during which the district will receive tax revenues, including an estimate of the amount of tax revenues attributable to each affected taxing entity for each year. (3) A plan for financing the public facilities to be assisted by the district, including a detailed description of any intention to incur debt. (4) A limit on the total number of dollars of taxes that may be allocated to the district pursuant to the plan. (5) A date on which the district will cease to exist, by which time all tax allocation to the district will end. The date shall not be more than 30 years from the date on which the ordinance forming the district is adopted pursuant to Section 53398.20. (6) An analysis of the costs to the city of providing facilities and services to the area of the district while the area is being developed and after the area is developed. The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the city as a result of expected development in the area of the district. (7) An analysis of the projected fiscal impact of the district and the associated development upon each affected taxing entity. (e) If any dwelling units occupied by persons or families of low or moderate income are proposed to be removed or destroyed in the course of private development or public works construction within the area of the district, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53398.5. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  167. 53398.15.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The infrastructure financing plan must be sent to each landowner in the proposed district, each affected taxing entity, the planning commission, and the legislative body, and the plan must be available for public inspection.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.15. The infrastructure financing plan shall be sent to each owner of land within the proposed district and to each affected taxing entity together with any report required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that pertains to the proposed public facilities or the proposed development project for which the public facilities are needed. The plan shall be made available for public inspection. The report shall also be sent to the planning commission and the legislative body. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  168. 53398.16.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The designated official must consult each affected taxing entity and, if asked, meet with its representatives. An affected taxing entity may suggest revisions to the 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.16. The designated official shall consult with each affected taxing entity, and, at the request of any affected taxing entity, shall meet with representatives of an affected taxing entity. Any affected taxing entity may suggest revisions to the plan. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  169. 53398.17.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body must hold a public hearing before adopting the proposed infrastructure financing plan, and the hearing cannot be called until at least 60 days after the plan is sent to each affected taxing entity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.17. The legislative body shall conduct a public hearing prior to adopting the proposed infrastructure financing plan. The public hearing shall be called no sooner than 60 days after the plan has been sent to each affected taxing entity. In addition to the notice given to landowners and affected taxing entities pursuant to Sections 53398.11 and 53398.12, notice of the public hearing shall be given by publication not less than once a week for four successive weeks in a newspaper of general circulation published in the city in which the proposed district is located. The notice shall state that the district will be used to finance public works, briefly describe the public works, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed district, and state the day, hour, and place when and where any persons having any objections to the proposed infrastructure financing plan, or the regularity of any of the prior proceedings, may appear before the legislative body and object to the adoption of the proposed plan by the legislative body. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  170. 53398.18.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body must hear objections, consider affected taxing entities’ recommendations and the evidence, may continue the hearing, and may modify the plan in limited ways.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.18. At the hour set in the required notices, the legislative body shall proceed to hear and pass upon all written and oral objections. The hearing may be continued from time to time. The legislative body shall consider the recommendations, if any, of affected taxing entities, and all evidence and testimony for and against the adoption of the plan. The legislative body may modify the plan by eliminating or reducing the size and cost of proposed public works, by reducing the amount of proposed debt, or by reducing the portion, amount, or duration of incremental tax revenues to be committed to the district. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  171. 53398.19.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body may not approve an infrastructure financing plan that divides taxes unless each affected taxing entity has adopted and filed a resolution approving the plan by the hearing 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.19. (a) The legislative body shall not enact an ordinance approving the infrastructure financing plan providing for the division of taxes of any affected taxing entity pursuant to Article 3 (commencing with Section 53398.30) unless a resolution approving the plan has been adopted by the governing body of each affected taxing entity that is proposed to be subject to division of taxes pursuant to Article 3 (commencing with Section 53398.30) has been filed with the legislative body at or prior to the time of the hearing. (b) Nothing in this section shall be construed to prevent the legislative body from amending its infrastructure financing plan and adopting an ordinance approving the formation of the infrastructure financing district without allocation of the tax revenues of any affected taxing entity that has not approved the infrastructure financing plan by resolution of the governing body of the affected taxing entity. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  172. 53398.2.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The district may use and pledge certain revenues for authorized work, bonds, financing arrangements, and public facilities, and its legislative body may make agreements with affected taxing entities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.2. (a) The revenues available pursuant to Article 3 (commencing with Section 53398.30) may be used directly for work allowed pursuant to Section 53398.3 (including use as matching funds to accomplish this work), may be accumulated for a period not to exceed five years to provide a fund for that work, may be pledged to pay the principal of, and interest on, bonds issued pursuant to Article 4 (commencing with Section 53398.40), or may be pledged to pay the principal of, and interest on, bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)), the proceeds of which have been or will be used entirely for allowable purposes of the district. The revenue of the district may also be advanced for allowable purposes of the district to an Integrated Financing District established pursuant to Chapter 1.5 (commencing with Section 53175), in which case the district may be party to a reimbursement agreement established pursuant to that chapter. The revenues of the district may also be committed to paying for any completed public facility acquired pursuant to Section 53398.3 over a period of time, including the payment of a rate of interest not to exceed the bond buyer index rate on the day that the agreement to repay is entered into by the city. (b) The legislative body may enter into an agreement with any affected taxing entity providing for the construction of, or assistance in, financing public facilities. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  173. 53398.20.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    At the hearing’s end, the legislative body may approve the infrastructure financing plan by ordinance and create the district, or it may abandon the 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.20. At the conclusion of the hearing, the legislative body may, in a manner consistent with Section 53398.19, adopt an ordinance approving the infrastructure financing plan, or the infrastructure financing plan as modified, and creating the infrastructure financing district with the full force and effect of law, or the legislative body may abandon the proceedings. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  174. 53398.21.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body may submit a proposition to the district’s qualified electors to establish or change the 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans [53398.10 - 53398.21] ( Article 2 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.21. 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 district to the qualified electors of a 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 cost of living 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. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  175. 53398.3.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A district may finance certain public facilities and related work, but not routine maintenance, repair, ongoing operations, or services; if it builds dwelling units, it must set aside at least 20% for low- and moderate-income housing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.3. (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer that satisfies the requirements of subdivision (b), (2) the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of that property, and (3) the costs described in Sections 53398.5 and 53398.31. A district may only finance the purchase of facilities for which construction has been completed, as determined by the legislative body. The facilities need not be physically located within the boundaries of the district. A district may not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind. (b) The district shall finance only public capital facilities that provide significant benefits to the area of the border development zone, including, but not limited to, all of the following: (1) Highways, interchanges, ramps and bridges, major and minor arterial streets, major and minor collector streets, parking facilities, and transit facilities. Phased road widening projects shall also be permitted. (2) Sewage collection, pumping, treatment and water reclamation plants and interceptor pipes. (3) Facilities for the collection and treatment of water for urban uses. (4) Flood control levees and dams, retention basins, and drainage facilities. (5) Child care facilities. (6) Libraries. (7) Parks, recreational facilities, and open space. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (9) Public safety facilities. (c) Any district that constructs dwelling units shall set aside not less than 20 percent of those units to increase and improve the community’s supply of low- and moderate-income housing available at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code. (d) A district may also finance the purchase of sewage treatment capacity that provides significant benefits to the area of the border development zone. The facility providing the sewage treatment capacity need not be physically located within the boundaries of the district. (Amended by Stats. 2000, Ch. 595, Sec. 1. Effective January 1, 2001.)
  176. 53398.30.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53398.30 - 53398.31] ( Article 3 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    An infrastructure financing plan may divide certain property taxes in an infrastructure financing district between affected taxing entities and the district, subject to 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53398.30 - 53398.31] ( Article 3 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.30. Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the ordinance adopted pursuant to Section 53398.20 to create the district, shall be divided, subject to the provisions of Section 53993, as follows: (a) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the ordinance adopted pursuant to Section 53398.20 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid. (b) That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city and each affected taxing entity that has agreed to participate pursuant to Section 53398.19 in excess of the amount specified in subdivision (a) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in subdivision (a), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid. (Amended by Stats. 2016, Ch. 49, Sec. 3. (SB 975) Effective January 1, 2017.)
  177. 53398.31.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53398.30 - 53398.31] ( Article 3 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A district must pay all county costs connected to dividing taxes under Section 53398.30.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 3. Division of Taxes [53398.30 - 53398.31] ( Article 3 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.31. All costs incurred by a county in connection with the division of taxes pursuant to Section 53398.30 for a district shall be paid by that district. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  178. 53398.4.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A district cannot include certain redevelopment project areas, and a redevelopment project area cannot include a district. A district may finance only authorized facilities or services that add to, and do not replace, what already existed when the district was created.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.4. (a) A district may not include any portion of a redevelopment project area that is or has been previously created pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, whether the creation is or was proper or improper. A redevelopment project area may not include any portion of a district created pursuant to this chapter. (b) A district may finance only the facilities or services authorized in this chapter to the extent that the facilities or services are in addition to those provided in the territory of the district before the district was created. The additional facilities or services may not supplant facilities or services already available within that territory when the district was created but may supplement those facilities and services as needed to serve new developments. (c) A district may include areas that are not contiguous. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  179. 53398.40.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body may, by majority vote, start bond issuance proceedings by adopting a resolution stating its intent to issue the bonds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.40. The legislative body may, by majority vote, initiate proceedings to issue bonds pursuant to this chapter by adopting a resolution stating its intent to issue the bonds. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  180. 53398.41.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A resolution under Section 53398.40 must include specific bond information, cost and revenue findings, and a date, time, and place for public objection.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.41. The resolution adopted pursuant to Section 53398.40 shall contain all of the following information: (a) A description of the facilities to be financed with the proceeds of the proposed bond issue. (b) The estimated cost of the facilities, the estimated cost of preparing and issuing the bonds, and the principal amount of the proposed bond issuance. (c) The maximum interest rate and discount on the proposed bond issuance. (d) A determination of the amount of tax revenue available or estimated to be available, for the payment of the principal of, and interest on, the bonds. (e) A finding that the amount necessary to pay the principal of, and interest on, the proposed bond issuance will be less than, or equal to, the amount determined pursuant to subdivision (d). (f) The date, hour, and place at which any person may appear before the legislative body and object to the proposal to issue bonds. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  181. 53398.42.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The clerk of the legislative body must publish the resolution under Section 53398.40 in a newspaper on specified schedules, or post it in three public places if no qualifying newspaper exists.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.42. The clerk of the legislative body shall publish the resolution adopted pursuant to Section 53398.40 once a day for at least seven successive days in a newspaper published in the city or county at least six days a week, or at least once a week for two successive weeks in a newspaper published in the city or county less than six days a week. If there are no newspapers meeting these criteria, the resolution shall be posted in three public places within the territory of the district for two succeeding weeks. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  182. 53398.43.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body must hear objections and consider evidence at the hearing, may continue the hearing, and may approve bond issuance 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.43. (a) At the hour set in the required notice, the legislative body shall proceed to hear and pass upon all written and oral objections. The hearing may be continued from time to time. The legislative body shall consider all evidence and testimony for and against the proposal to issue bonds. (b) At the conclusion of the hearing, the legislative body may approve the issuance of bonds by adopting a resolution that shall provide for all of the following: (1) The issuance of the bonds in one or more series. (2) The principal amount of the bonds, which shall be consistent with the amount specified in subdivision (b) of Section 53398.41. (3) The date the bonds will bear. (4) The date of maturity of the bonds. (5) The denomination of the bonds. (6) The form of the bonds. (7) The manner of execution of the bonds. (8) The medium of payment in which the bonds are payable. (9) The place or manner of payment and any requirements for registration of the bonds. (10) The terms of call or redemption, with or without premium. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  183. 53398.44.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body may approve refunding bonds by majority vote, but it cannot extend the bonds’ maturity and cannot issue refunding bonds if the stated cost test is exceeded.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.44. The legislative body may, by majority vote, provide for refunding of bonds issued pursuant to this chapter. However, refunding bonds shall not be issued if the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds exceeds the total net interest cost to maturity on the bonds to be refunded. The legislative body may not extend the time to maturity of the bonds. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  184. 53398.45.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    The legislative body or anyone executing the bonds is not personally liable for them, and the bonds must state that they are payable only from district funds or property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.45. The legislative body or any person executing the bonds shall not be personally liable on the bonds by reason of their issuance. The bonds and other obligations of a district issued pursuant to this chapter are not a debt of the city, county, or state or of any of its political subdivisions, other than the district, and none of those entities, other than the district, shall be liable on the bonds and the bonds or obligations shall be payable exclusively from funds or properties of the district. The bonds shall contain a statement to this effect on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  185. 53398.46.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    These bonds may be sold below par by up to 5% at public sale, and notice of the sale must be published at least 5 days beforehand. They may also be sold to the federal government at private sale for not less than par without public advertisement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.46. The bonds may be sold at discount not to exceed 5 percent of par at public sale. At least five days prior to the sale, notice shall be published, pursuant to Section 6061, in a newspaper of general circulation and in a financial newspaper published in the City and County of San Francisco and in the City of Los Angeles. The bonds may be sold at not less than par to the federal government at private sale without any public advertisement. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  186. 53398.47.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    A bond signature remains effective even if the signing legislative body member leaves office before delivery, and bonds issued under this chapter are fully negotiable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 4. Tax Increment Bonds [53398.40 - 53398.47] ( Article 4 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.47. If any member of the legislative body whose signature appears on bonds ceases to be a member of the legislative body before delivery of the bonds, his or her signature is as effective as if he or she had remained in office. Bonds issued pursuant to this chapter are fully negotiable. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  187. 53398.5.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    If dwelling units are removed or destroyed in certain district development, the legislative body must provide replacement housing, relocation assistance, and ensure suitable housing is ready first for displaced 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.5. It is the intent of the Legislature that the area of the districts created be substantially undeveloped, and the establishment of a district should not ordinarily lead to the removal of existing dwelling units. If, however, any dwelling units are proposed to be removed or destroyed in the course of private development or public works construction within the area of the district, the legislative body shall do all of the following: (a) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons or families of low or moderate income, of an equal number of replacement dwelling units at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, within the territory of the district if the dwelling units removed were inhabited by persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (b) Within four years of the removal or destruction, cause or require the construction or rehabilitation, for rental or sale to persons of low or moderate income, a number of dwelling units that is at least one unit but not less than 20 percent of the total dwelling units removed at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, within the territory of the district if the dwelling units removed or destroyed were not inhabited by persons of low or moderate income, as defined in Section 50093 of the Health and Safety Code. (c) Provide relocation assistance and make all the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, to persons displaced by any public or private development occurring within the territory of the district. This displacement shall be deemed to be the result of public action. (d) Ensure that removal or destruction of any dwelling units occupied by persons or families of low or moderate income does not take place unless and until there are suitable housing units, at comparable cost to the units from which the persons or families were displaced, available and ready for occupancy by the residents of the units at the time of their displacement. The housing units shall be suitable to the needs of these displaced persons or families and shall be decent, safe, sanitary, and otherwise standard dwellings. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  188. 53398.50.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    The Legislature states that local agencies, excluding schools, should have a way to finance certain reuse, revitalization, transit, climate, housing, infrastructure, broadband, and community facility projects after redevelopment agencies were dissolved.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.50. The Legislature finds and declares that with the dissolution of redevelopment agencies, public benefits will accrue if local agencies, excluding schools, are provided a means to finance the reuse and revitalization of former military bases, fund the creation of transit priority projects and the implementation of sustainable communities plans, fund projects that enable communities to adapt to the impacts of climate change, including to improve air quality, mitigate wildfires, construct and rehabilitate affordable housing units, fund port and harbor infrastructure, fund projects to improve broadband internet access service, construct facilities for nonprofit community organizations that provide health, youth, homeless, and social services, and construct facilities to house providers of consumer goods and services in the communities served by these efforts. (Amended by Stats. 2024, Ch. 599, Sec. 2.5. (SB 1140) Effective January 1, 2025.)
  189. 53398.51.

    ## 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on enhanced infrastructure financing 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.51. Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity” means any governmental taxing agency which levied or had levied on its behalf a property tax on all or a portion of the property located in the proposed district in the fiscal year prior to the designation of the district, but not including any county office of education, school district, or community college district. An “affected taxing entity” may include a special district if the special district is providing any portion of the funding included in the infrastructure financing plan adopted pursuant to Section 53398.63. For the purposes of this section, “special district” means an agency of the state formed for the performance of governmental or proprietary functions within limited geographic boundaries, and shall not include a school district or community college district. (b) “County” means a county or a city and county. (c) “Debt” means any binding obligation to 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. (d) “Designated official” means the city or county engineer or other appropriate official designated pursuant to Section 53398.62. (e) (1) “District” means an enhanced infrastructure financing district. (2) An enhanced infrastructure financing district is a district within the meaning of Section 1 of Article XIII A of the California Constitution. (f) “Enhanced infrastructure financing district” means a legally constituted governmental entity separate and distinct from the city or county that established it pursuant to this chapter for the sole purpose of financing public facilities or other projects as authorized by this chapter. An enhanced infrastructure financing district shall be a local agency for purposes of Chapter 9 (commencing with Section 54950). (g) “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 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 the public agency owns all of the land to be included within the proposed district. (h) “Legislative body” means the city council or board of supervisors. (i) “Public financing authority” means the governing board of the district established pursuant to this chapter. (Amended by Stats. 2015, Ch. 320, Sec. 1. (AB 313) Effective January 1, 2016.)
  190. 53398.51.1.

    ## 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    This section sets who serves on the public financing authority, requires the legislative body to establish it when adopting the resolution of intention, and allows reimbursement of members’ actual and necessary expenses but not 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.51.1. (a) The public financing authority shall have a membership consisting of one of the following, as appropriate: (1) If a district has only one participating affected taxing entity, the public financing authority’s membership shall consist of three members of the legislative body of the participating entity, and two members of the public chosen by the legislative body. The legislative body may appoint one of its members to be an alternate member of the legislative body who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the authority. The appointment of the public members shall be subject to the provisions of Sections 54970 and 54972. (2) If a district has two or more participating affected taxing entities, the public financing authority’s membership shall consist of a majority of members from the legislative bodies of the participating entities, and a minimum of two members of the public chosen by the legislative bodies of the participating entities. A legislative body of a participating affected taxing entity may appoint one of its members to be an alternate member of the legislative body who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the authority. The appointment of the public members shall be subject to the provisions of Sections 54970 and 54972. (3) If a district has more than three participating affected taxing entities, the legislative bodies of the taxing entities may, upon agreement by all participating affected taxing entities, appoint only one member and one alternate member of their respective legislative bodies to the public financing authority, and a minimum of two members of the public chosen by the legislative bodies of the participating entities. The appointment of the public members shall be subject to the provisions of Sections 54970 and 54972. (4) For purposes of this subdivision, “legislative body” may include a directly elected mayor of a charter city who is not a member of the city’s legislative body under the city’s adopted charter. (b) The legislative body shall ensure the public financing authority is established at the same time that it adopts a resolution of intention pursuant to Section 53398.59. (c) Members of the public financing authority established pursuant to this chapter shall not receive compensation but may receive reimbursement for actual and necessary expenses incurred in the performance of official duties pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2. (d) Members of the public financing authority are subject to Article 2.4 (commencing with Section 53234) of Chapter 2. (e) The public financing authority created pursuant to this chapter shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (f) Notwithstanding any other law, any member of the legislative body of a participating affected taxing entity who serves as a member of the public financing authority pursuant to this section may also serve as a member of the governing body of an agency or entity formed pursuant to an agreement for the joint exercise of power that the participating affected taxing entity has entered into in accordance with the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). (Amended by Stats. 2022, Ch. 28, Sec. 72. (SB 1380) Effective January 1, 2023.)
  191. 53398.52.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    A district may finance certain public capital facilities and related projects, but it cannot finance ongoing operations or services, and it faces limits on bond proceeds, housing affordability covenants, and mixed-income housing financing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.52. (a) (1) A district may finance any of the following: (A) The purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer that satisfies the requirements of subdivision (b). (B) The planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property. (C) The costs described in Sections 53398.56 and 53398.57. (D) (i) The ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the district. (ii) Notwithstanding clause (i), a district shall not use the proceeds of bonds issued pursuant to the authority in Article 4 (commencing with Section 53398.77) to finance maintenance of any kind. (2) The facilities are not required to be physically located within the boundaries of the district. However, any facilities financed outside of a district shall have a tangible connection to the work of the district, as detailed in the infrastructure financing plan adopted pursuant to Section 53398.69. (3) A district shall not finance the costs of an ongoing operation or providing services of any kind. (b) The district shall finance only public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, but not limited to, all of the following: (1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities. (2) Sewage treatment and water reclamation plants and interceptor pipes. (3) Facilities for the collection and treatment of water for urban uses. (4) Flood control levees and dams, retention basins, and drainage channels. (5) Childcare facilities. (6) Libraries. (7) Parks, recreational facilities, and open space. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (9) Brownfield restoration and other environmental mitigation. (10) The development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable. (11) The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district. (12) The acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income, as defined in Sections 50105 and 50093 of the Health and Safety Code, for rent or purchase. (13) Acquisition, construction, or repair of industrial structures for private use. (14) (A) Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery of a community and of ensuring the long-term economic sustainability of small businesses. (B) For purposes of this paragraph and subject to subparagraph (C), “small business” means an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c) of Section 14837, with 100 or fewer employees. An “independently owned and operated business” shall include a formula retail business that is an independently owned franchise. (C) A district may set a lower threshold for the average annual gross receipts over the previous three years and for the number of employees described in subparagraph (B). (15) Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are located within a transit priority project area. For purposes of this paragraph, a transit priority project area may include a military base reuse plan that meets the definition of a transit priority project area and it may include a contaminated site within a transit priority project area. (16) Projects that implement a sustainable communities strategy, when the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (17) Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought. This paragraph includes projects intended to improve air quality. (18) Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code. (19) The acquisition, construction, or improvement of broadband Internet access service. For purposes of this section, “broadband Internet access services” has the same meaning as defined in Section 53167. A district that acquires, constructs, or improves broadband Internet access service may transfer the management and control of those facilities to a local agency that is authorized to provide broadband Internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5. (20) Facilities in which nonprofit community organizations provide health, youth, homeless, and social services. (21) (A) For districts at least partially in high or very high fire hazard severity zones designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, the following: (i) Heavy equipment to be used for vegetation clearance and firebreaks. (ii) Undergrounding of local publicly owned electric utilities, as defined in Section 224.3 of the Public Utilities Code, against wildfires. (iii) Equipment used for fire watch, prevention, and fighting, including, but not limited to, helicopters, air tankers, and technological advancements to weather and wind science infrastructure, risk modeling, and prediction. (B) A district shall not use the proceeds of bonds issued pursuant to the authority in Article 4 (commencing with Section 53398.77) to finance the equipment described in clause (i) or (iii) of subparagraph (A). (c) The district shall require, by recorded covenants or restrictions, that housing units built pursuant to this section shall remain available at affordable housing costs to, and occupied by, persons and families of very low, low, or moderate income for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. (d) The district may finance mixed-income housing developments, but may finance only those units in such a development that are restricted to occupancy by persons of very low, low, or moderate incomes as defined in Sections 50105 and 50093 of the Health and Safety Code, and those onsite facilities for childcare, after school care, and social services that are integrally linked to the tenants of the restricted units. (e) A district may utilize any powers under either the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code, and finance any action necessary to implement that act. (Amended by Stats. 2025, Ch. 260, Sec. 2. (AB 417) Effective January 1, 2026.)
  192. 53398.53.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    A district may reimburse a developer for permit expenses and additional costs tied to building affordable housing units, if the project is entirely 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.53. Notwithstanding subdivision (b) of Section 53398.52, a district may reimburse a developer of a project that is located entirely within the boundaries of that district for any permit expenses incurred and to offset additional expenses incurred by the developer in constructing affordable housing units pursuant to the Transit Priority Project Program established in Section 65470. (Added by Stats. 2014, Ch. 785, Sec. 1. (SB 628) Effective January 1, 2015.)
  193. 53398.54.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    Some cities and counties may not create or take part in an enhanced infrastructure financing district until listed cleanup and review steps are completed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.54. A city or county that created a redevelopment agency, as defined in Section 33003 of the Health and Safety Code, shall neither initiate the creation of a district, nor participate in the governance or financing of a district, until each of the following has occurred: (a) The successor agency for the former redevelopment agency created by the city or county has received a finding of completion, as specified in Section 34179.7 of the Health and Safety Code. (b) The city or county certifies to the Department of Finance and to the public financing authority that no former redevelopment agency assets that are the subject of litigation involving the state, if the city or county, the successor agency, or the designated local authority are a named plaintiff, have been or will be used to benefit any efforts of an enhanced infrastructure financing district formed under this chapter, unless the litigation and all possible appeals have been resolved in a court of law. The city or county shall provide this certification to the Department of Finance within 10 days of its legislative body’s action to participate in an enhanced infrastructure financing district pursuant to Section 53398.68, or of its legislative body’s action to form an enhanced infrastructure financing district pursuant to Section 53398.69. (c) The office of the Controller has completed its review as specified in Section 34167.5 of the Health and Safety Code. (d) The successor agency and the entity that created the former redevelopment agency have complied with all of the office of the Controller’s findings and orders stemming from the reviews as specified in subdivision (c). (e) Notwithstanding subdivision (a), the City of Selma may initiate, participate in, finance, or govern an enhanced infrastructure financing district, if the City of Selma, acting as the successor agency to the former Selma Redevelopment Agency, is in compliance with subdivisions (b), (c), and (d), and has paid in full the amount outstanding specified in subdivision (b) of Section 34183.5 of the Health and Safety Code. (f) Notwithstanding subdivision (a), the City of Merced may initiate, participate in, finance, or govern an enhanced infrastructure financing district if the City of Merced, and the Merced Designated Local Authority acting as the successor agency to the former Redevelopment Agency of the City of Merced, are in compliance with subdivisions (b), (c), and (d), and have paid in full the amounts outstanding specified in Section 34179.5 of, and subdivision (b) of Section 34183.5 of, the Health and Safety Code, including amounts remaining due under any applicable installment payment plan entered into with the Department of Finance. (Amended by Stats. 2023, Ch. 678, Sec. 1. (AB 1259) Effective January 1, 2024.)
  194. 53398.55.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    A district may include certain former redevelopment project area land, finance only authorized additional facilities, and include noncontiguous areas.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.55. (a) A district may include any portion of a former redevelopment project area that was previously created pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, provided that the city or county that created the former redevelopment agency has met the requirements of Section 53398.54. (b) A district may finance only the facilities authorized in this chapter to the extent that the facilities are in addition to those provided in the territory of the district before the district was created. The additional facilities may not supplant facilities already available within that territory when the district was created but may supplement, rehabilitate, upgrade, or make more sustainable those facilities. (c) A district may include areas which are not contiguous. (Added by Stats. 2014, Ch. 785, Sec. 1. (SB 628) Effective January 1, 2015.)
  195. 53398.56.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    The district must include replacement-housing and relocation provisions when district-related development removes or destroys dwelling units.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.56. It is the intent of the Legislature that the creation of the districts should not ordinarily lead to the removal of existing dwelling units. If, however, any dwelling units are proposed to be removed or destroyed in the course of public works construction within the area of the district or private development within the area of the district that is subject to a written agreement with the district or that is financed in whole or in part by the district then the infrastructure financing plan adopted pursuant to Section 53398.69 shall contain provisions to do all of the following: (a) If the dwelling units to be removed or destroyed are or were inhabited by persons or families of very low, low, or moderate income, as defined in Sections 50105 and 50093 of the Health and Safety Code, at any time within five years prior to establishment of the district, cause or require the construction or rehabilitation of an equal number of replacement dwelling units, within one-half mile of the location of the units to be removed or destroyed, that have an equal or greater number of bedrooms as those removed or destroyed units, within two years of the removal or destruction of the dwelling units. The replacement dwelling units shall be available for rent or sale to persons or families of very low, low, or moderate income, at affordable rent, as defined in Section 50053 of the Health and Safety Code, or at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to persons in the same or a lower income category (extremely low, very low, low, or moderate), as the persons displaced from, or who last occupied, the removed or destroyed dwelling units. (b) If the dwelling units to be removed or destroyed were not inhabited by persons of low or moderate income within the period of time specified in subdivision (a), cause or require the construction or rehabilitation within one-half mile of the location of the units to be removed or destroyed of at least one unit but not less than 25 percent of the total dwelling units removed or destroyed, within two years of the removal or destruction of the dwelling units. The units constructed or rehabilitated pursuant to this subdivision shall be of equivalent size and type to the units to be removed or destroyed. An equal percentage of the replacement dwelling units constructed or rehabilitated pursuant to this subdivision shall be available for rent or sale at affordable rent, as defined in Section 50053 of the Health and Safety Code, or affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to extremely low and very low income persons or families, as defined in Sections 50106 and 50105 of the Health and Safety Code. (c) Comply with all relocation assistance requirements of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, for persons displaced from dwelling units by any public works construction within the area of the district or private development within the area of the district that is subject to a written agreement with the district or that is financed in whole or in part by the district as a result of the infrastructure financing plan adopted pursuant to Section 53398.69. The displacement of any persons from a dwelling unit as a result of the plan shall be deemed to be the result of public action. (d) Ensure that removal or destruction of any dwelling units occupied by persons or families of low or moderate income not take place unless and until there has been full compliance with the relocation assistance requirements of this section, Section 53398.63, and Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (e) (1) The district shall require, by recorded covenants or restrictions, that all dwelling units constructed or rehabilitated pursuant to this section shall remain available at affordable rent or housing cost to, and occupied by, persons and families of the same income categories as required by subdivision (a) or (b), as applicable, for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. (2) The district may permit sales of owner-occupied units prior to the expiration of the 45-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the district’s investment of moneys in the unit or units, including, but not limited to, an equity sharing program, not in conflict with another public funding source or law, which establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds based on the length of occupancy. For purposes of this paragraph, the terms of the equity sharing program shall be consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915, provided, however, that the program shall require any amounts recaptured by the district to be used within five years for any of the affordable housing purposes described in Section 34176.1 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 320, Sec. 4. (AB 313) Effective January 1, 2016.)
  196. 53398.57.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    Covered challenges to creating a district, adopting an infrastructure financing plan, dividing taxes, or holding an election must be filed within 30 days after the resolution creating the district is enacted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.57. Any action or proceeding to attack, review, set aside, void, or annul the creation of a district, adoption of an infrastructure financing plan, including a division of taxes thereunder, or an election pursuant to this chapter shall be commenced within 30 days after the enactment of the resolution creating the district pursuant to Section 53398.69. Consistent with the time limitations of this section, such an action or proceeding with respect to a division of taxes under this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2015, Ch. 320, Sec. 5. (AB 313) Effective January 1, 2016.)
  197. 53398.58.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    A bond-validity challenge may be brought under specified civil procedure provisions, but if brought by an interested person it must be filed within 30 days after the bond-issuance resolution; any appeal must be filed 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 1. General Provisions [53398.50 - 53398.58] ( Article 1 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.58. An action to determine the validity of the issuance of bonds pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, the action shall be commenced within 30 days after adoption of the resolution pursuant to Section 53398.77 providing for issuance of the bonds if the action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure. Any appeal from a judgment in that action or proceeding shall be commenced within 30 days after entry of judgment. (Amended by Stats. 2019, Ch. 656, Sec. 1. (AB 116) Effective January 1, 2020.)
  198. 53398.59.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plan [53398.59 - 53398.74] ( Article 2 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    A city or county legislative body may designate proposed enhanced infrastructure financing districts, and if it starts the process it must adopt a resolution of intention with required details and set a 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plan [53398.59 - 53398.74] ( Article 2 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.59. A legislative body of a city or county may designate one or more proposed enhanced infrastructure financing districts pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that an enhanced infrastructure financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or in the office of the recorder of the county, as applicable. The map may identify, within a district, certain areas which shall be referred to as “project areas.” (b) State the type of public facilities and development proposed to be financed or assisted by the district in accordance with Section 53398.52. (c) State the need for the district and the goals the district proposes to achieve. (d) State that incremental property tax revenue from the city or county and some or all affected taxing entities within the district, if approved by resolution pursuant to Section 53398.68, may be used to finance these activities. (e) (1) State that a city, county, or city and county may allocate tax revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to an enhanced infrastructure financing district pursuant to Section 53398.75.5, if applicable. (2) The legislative body of the city or county that elects to make an allocation pursuant to paragraph (1) shall adopt an ordinance to establish the following: (A) The procedure by which the city or county will calculate the revenues derived from sales and use taxes and transactions and use taxes to be allocated to the enhanced infrastructure financing district. (B) The decision process by which the city or county will determine the amount that will be dedicated to the proposed district. (f) Fix a time and place for a public hearing on the proposal. (Amended by Stats. 2021, Ch. 391, Sec. 2. (SB 780) Effective January 1, 2022.)
  199. 53398.6.

    ## 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 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. )

    Verify source ↗

    Challenges to creating a district or adopting an infrastructure financing plan must be started within 30 days after the ordinance creating the district is enacted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone [53398 - 53398.47] ( Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1. ) ## ARTICLE 1. General Provisions [53398 - 53398.8] ( Article 1 added by Stats. 1999, Ch. 773, Sec. 1. ) ## 53398.6. Any action or proceeding to attack, review, set aside, void, or annul the creation of a district or the adoption of an infrastructure financing plan, including a division of taxes thereunder, shall be commenced within 30 days after the enactment of the ordinance creating the district pursuant to Section 53398.21. Consistent with the time limitations of this section, such an action or proceeding with respect to a division of taxes under this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that Section 869 of the Code of Civil Procedure shall not apply. (Added by Stats. 1999, Ch. 773, Sec. 1. Effective January 1, 2000.)
  200. 53398.60.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plan [53398.59 - 53398.74] ( Article 2 added by Stats. 2014, Ch. 785, Sec. 1. )

    Verify source ↗

    The legislative body must arrange notice to landowners in the district about creating 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 2.99. Enhanced Infrastructure Financing District [53398.50 - 53398.88] ( Chapter 2.99 added by Stats. 2014, Ch. 785, Sec. 1. ) ## ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plan [53398.59 - 53398.74] ( Article 2 added by Stats. 2014, Ch. 785, Sec. 1. ) ## 53398.60. (a) The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution of intention to create the district to each owner of land within the district. (b) As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city official or county official, as applicable, selected by the legislative body, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district. (Amended by Stats. 2018, Ch. 467, Sec. 60. (SB 1498) Effective January 1, 2019.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.