Amended by Stats. 1992, Ch. 332, Sec. 1. Effective January 1, 1993.
Article 1 - General Provisions
California Government Code — §§ 53395-53395.9
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Sections (29)
Amended by Stats. 2013, Ch. 210, Sec. 8. (SB 184) Effective January 1, 2014.
Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter.
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.
means a legally constituted governmental entity established pursuant to this chapter for the sole purpose of financing public facilities.
Amended by Stats. 2014, Ch. 201, Sec. 6. (SB 1462) Effective January 1, 2015.
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:
be financed by the district. The district may only finance public facilities authorized by Section 53395.3.
Added by Stats. 1990, Ch. 1575, Sec. 1.
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.
The legislative body shall direct the clerk to mail a copy of the resolution to each affected taxing entity.
Amended by Stats. 2013, Ch. 210, Sec. 11. (SB 184) Effective January 1, 2014.
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. 12. (SB 184) Effective January 1, 2014.
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:
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.
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.
allocated to the district pursuant to the plan.
district and the associated development upon each affected taxing entity.
53395.5.
Added by Stats. 1990, Ch. 1575, Sec. 1.
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.
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.
Amended by Stats. 2013, Ch. 210, Sec. 13. (SB 184) Effective January 1, 2014.
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.
Added by Stats. 1990, Ch. 1575, Sec. 1.
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.
Amended by Stats. 2013, Ch. 210, Sec. 9. (SB 184) Effective January 1, 2014.
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.
facilities.
Added by Stats. 1990, Ch. 1575, Sec. 1.
Amended by Stats. 1994, Ch. 923, Sec. 78. Effective January 1, 1995.
Added by Stats. 1990, Ch. 1575, Sec. 1.
Added by Stats. 1990, Ch. 1575, Sec. 1.
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.
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.
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.
Amended by Stats. 1992, Ch. 332, Sec. 2. Effective January 1, 1993.
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