2009 California Government Code - Section 53368-53368.3 :: Article 6. Transfer Of Community Facilities Districts ...

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.

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.

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.

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.