CHAPTER 2.9. Infrastructure Financing Districts in the Border Development Zone

Chapter 2.9 added by Stats. 1999, Ch. 773, Sec. 1.

§§ 53398–53398.47 · 31 sections

1. ARTICLE 1. General Provisions §§ 53398–53398.8 · 9 sections

   • § 53398 (a) The Legislature finds and declares that the North American Free Trade Agreement has resulted in a dramatic increase in trade with Mexico. In 1998 companies…
   • § 53398.1 Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Affected taxing entity”…
   • § 53398.2 (a) The revenues available pursuant to Article 3 (commencing with Section 53398.30) may be used directly for work allowed pursuant to Section 53398.3…
   • § 53398.3 (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property…
   • § 53398.4 (a) A district may not include any portion of a redevelopment project area that is or has been previously created pursuant to Part 1 (commencing with Section…
   • § 53398.5 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…
   • § 53398.6 Any action or proceeding to attack, review, set aside, void, or annul the creation of a district or the adoption of an infrastructure financing plan, including…
   • § 53398.7 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…
   • § 53398.8 An infrastructure financing district in the border development zone is a “district” within the meaning of Section 1 of Article XIIIA of the California…
2. ARTICLE 2. Preparation and Adoption of Infrastructure Financing Plans §§ 53398.10–53398.21 · 12 sections

   • § 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.…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
3. ARTICLE 3. Division of Taxes §§ 53398.30–53398.31 · 2 sections

   • § 53398.30 Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the infrastructure…
   • § 53398.31 All costs incurred by a county in connection with the division of taxes pursuant to Section 53398.30 for a district shall be paid by that district.
4. ARTICLE 4. Tax Increment Bonds §§ 53398.40–53398.47 · 8 sections

   • § 53398.40 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…
   • § 53398.41 The resolution adopted pursuant to Section 53398.40 shall contain all of the following information: (a) A description of the facilities to be financed with the…
   • § 53398.42 The clerk of the legislative body shall publish the resolution adopted pursuant to Section 53398.40 once a day for at least seven successive days in a…
   • § 53398.43 (a) At the hour set in the required notice, the legislative body shall proceed to hear and pass upon all written and oral objections. The hearing may be…
   • § 53398.44 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…
   • § 53398.45 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…
   • § 53398.46 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…
   • § 53398.47 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…