2007 California Government Code Article 2. Preparation And Adoption Of Infrastructure Financing Plans

CA Codes (gov:53395.10-53395.25)

53395.10.  A legislative body of a city 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.
   (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 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.



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.



53395.12.  The legislative body shall direct the clerk to mail a
copy of the resolution to each affected taxing entity.



53395.13.  After adopting the resolution pursuant to Section
53395.10, the legislative body shall designate and direct the city
engineer or other appropriate official to prepare an infrastructure
plan pursuant to Section 53395.14.


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 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 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 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 53395.5.



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.



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.




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 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.



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.


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.


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.




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.



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.




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.




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.



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 XIIIB 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 XIIIB 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.