CHAPTER 2.8. Infrastructure Financing Districts

Chapter 2.8 added by Stats. 1990, Ch. 1575, Sec. 1.

§§ 53395–53397.11 · 44 sections

1. ARTICLE 1. General Provisions §§ 53395–53395.9 · 15 sections

   • § 53395 (a) The Legislature finds and declares that the state and federal governments have withdrawn in whole or in part from their former role in financing major,…
   • § 53395.1 Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity”…
   • § 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…
   • § 53395.3 (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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.…
   • § 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…
   • § 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…
2. ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans §§ 53395.10–53395.25 · 16 sections

   • § 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…
   • § 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 or county engineer or other appropriate…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 3. Division of Taxes §§ 53396–53396.5 · 2 sections

   • § 53396 Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the infrastructure…
   • § 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.
4. ARTICLE 4. Tax Increment Bonds §§ 53397.1–53397.11 · 11 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…