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

CA Codes (gov:53398.10-53398.21)

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.



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.



53398.12.  The legislative body shall direct the clerk to mail a
copy of the resolution to each affected taxing entity.



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.


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.



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.



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.




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.



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.


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.


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.



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 XIIIB 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 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.