CHAPTER 1.5. Integrated Financing District Act

Chapter 1.5 added by Stats. 1986, Ch. 1512, Sec. 1.

§§ 53175–53199 · 36 sections

1. ARTICLE 1. Definitions and General Provisions §§ 53175–53179.5 · 10 sections

   • § 53175 This chapter shall be known and may be cited as the Integrated Financing District Act.
   • § 53175.5 This chapter provides an alternative method of financing public facilities. This chapter does not limit the application of any other laws that provide for…
   • § 53176 This chapter shall be liberally construed in order to effectuate its purposes. No inadvertent error, irregularity, informality, or the inadvertent neglect or…
   • § 53176.5 The inadvertent failure of any person to receive a notice, resolution, order, or other matter shall not affect in any way whatsoever the validity of any…
   • § 53177 This chapter applies to all local agencies insofar as those entities have the authority to use any of the financing acts specified in subdivision (b) of…
   • § 53177.5 This chapter does not apply to the construction of any interchange which serves to connect two interstate freeways.
   • § 53178 Division 4 (commencing with Section 2800) of the Streets and Highways Code does not apply to proceedings taken under or in conjunction with this chapter.
   • § 53178.5 Division 4.5 (commencing with Section 3100) of the Streets and Highways Code applies with respect to any contingent assessment levied pursuant to this chapter.…
   • § 53179 Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “District” means the area…
   • § 53179.5 (a) The legislative bodies of two or more local agencies may enter into a joint public facilities financing agreement pursuant to this section or into a joint…
2. ARTICLE 2. Proceedings to Create an Integrated Financing District §§ 53180–53184 · 5 sections

   • § 53180 Proceedings for the establishment of an integrated financing district may be instituted by the legislative body of any local agency authorized to use any…
   • § 53181 Proceedings to create an integrated financing district shall be instituted by the local agency by adopting a resolution of intention to create the integrated…
   • § 53182 Notice of the hearing and of the contents of the resolution of intention shall be made in the same manner as required under the financing act.
   • § 53183 (a) At any time not later than the hour set for hearing objections to the proposed work, any owner of property liable to be assessed pursuant to this chapter…
   • § 53184 The legislative body may modify the resolution of intention at the hearing. At the conclusion of the hearing, the legislative body may do either of the…
3. ARTICLE 3. Purposes and Powers §§ 53185–53187 · 3 sections

   • § 53185 A district may be established to assist in financing any work which may be financed pursuant to a financing act.
   • § 53186 The powers of an integrated financing district shall be in addition to those of each financing act, and may be used instead of, in addition to, or in…
   • § 53187 A district may do any of the following: (a) Levy an assessment which is contingent upon the development of land and which may be made payable at the time of…
4. ARTICLE 4. Reimbursement Agreements §§ 53190–53194.5 · 10 sections

   • § 53190 If the legislative body determines by ordinance to proceed with the establishment of the district pursuant to subdivision (b) of Section 53184, the legislative…
   • § 53190.5 A reimbursement agreement shall contain both of the following provisions: (a) A requirement that the investor advance funds to the local agency to be used by…
   • § 53191 The investor’s interest in a reimbursement agreement may be negotiable and divisible, as specified in the agreement.
   • § 53191.5 The obligations of the local agency arising from the reimbursement agreement shall be secured by a pledge of the revenues arising from the contingent or…
   • § 53192 Any obligations arising from the reimbursement agreement are not a debt of the local agency, or a legal or equitable pledge, charge, lien, or encumbrance upon…
   • § 53192.5 All income received by the investor from the fund is exempt from taxation in this state, except gift, inheritance, and estate taxes.
   • § 53193 The reimbursement agreement may provide for the terms and conditions under which the investor may enforce the convenants and duties imposed by the agreement.
   • § 53193.5 The local agency shall preserve and protect the security of the reimbursement agreement and the rights of the investor against all claims and demands of all…
   • § 53194 The investor may enforce his or her rights against the local agency, its legislative body, or any of its officers, agents, or employees, and compel them to…
   • § 53194.5 The remedies conferred upon the investor by this chapter do not exclude any other remedy. Each remedy is cumulative and in addition to every other remedy and…
5. ARTICLE 5. Confirmation and Collection of Levy §§ 53195–53199 · 8 sections

   • § 53195 The local agency may obtain funds from any source authorized by law to pay for the work described in the resolution of intention adopted pursuant to Section…
   • § 53196 The legislative body shall, by resolution, determine the rate of and shall levy the contingent assessment as specified in the resolution of intention adopted…
   • § 53196.5 The local agency may do all of the following: (a) Prescribe procedures for determining and notifying landowners when the contingent assessment is due and…
   • § 53197 (a) The legislative body may request the county in which the district is located to collect the contingent assessment on behalf of the district. If the…
   • § 53197.5 The local agency may bring an action in any court of competent jurisdiction against the owners of any property to collect delinquent contingent assessments and…
   • § 53198 Any contingent assessments including any penalties, when recorded in accordance with Division 4.5 (commencing with Section 3100) of the Streets and Highways…
   • § 53198.5 As a separate, distinct, and cumulative remedy established for the collection of the contingent assessment and any penalties, an action may be brought in the…
   • § 53199 Remedies for collecting and enforcing the contingent assessments and penalties are cumulative and may be pursued alternatively, or consecutively, as determined…