ARTICLE 1. General Provisions

Article 1 added by Stats. 1982, Ch. 1451, Sec. 1.

§§ 53311–53317.5 · 32 sections

§ 53311 This chapter shall be known and may be cited as the “Mello-Roos Community Facilities Act of 1982”.
§ 53311.5 This chapter provides an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing…
§ 53312 Any provision in this chapter which conflicts with any other provision of law shall prevail over the other provision of law.
§ 53312.5 The local agency may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this chapter and…
§ 53312.7 (a) On and after January 1, 1994, a local agency may initiate proceedings to establish a district pursuant to this chapter only if it has first considered and…
§ 53312.8 (a) (1) Territory that is dedicated or restricted to agricultural, open-space, or conservation uses may not be included within or annexed to a community…
§ 53313 A community facilities district may be established under this chapter to finance any one or more of the following types of services within an area: (a) Police…
§ 53313.1 To the extent that any capital facility is provided under this chapter, a duplicate levy, impact fee, or other exaction may not be required for the same…
§ 53313.4 Any territory within a community facilities district established for the acquisition or improvement of school facilities for a school district shall be exempt…
§ 53313.5 A community facilities district may also finance the purchase, construction, expansion, improvement, or rehabilitation of any real or other tangible property…
§ 53313.51 The legislative body may enter into an agreement for the construction of discrete portions or phases of facilities to be constructed and purchased consistent…
§ 53313.6 The legislative body may provide for adjustments in ad valorem property taxes pursuant to Section 53313.7 within a community facilities district only after…
§ 53313.7 (a) Upon making the findings pursuant to Section 53313.6, the legislative body may, with the concurrence of the legislative body which levied the property tax…
§ 53313.9 (a) All or any part of the cost of any school facilities financed by a community facilities district may be shared by the State Allocation Board pursuant to…
§ 53314 The legislative body may from time to time transfer moneys to a community facilities district or to an improvement area within a community facilities district,…
§ 53314.3 In the first fiscal year in which a special tax or charge is levied for any facility or for any services in a community facilities district or a zone within a…
§ 53314.5 Pursuant to a resolution adopted by the legislative body, the legislative body may appropriate any of its available moneys to a revolving fund to be used for…
§ 53314.6 (a) In connection with the financing of services and facilities pursuant to subdivision (f) of Section 53313 and subdivision (k) of Section 53313.5, the…
§ 53314.7 (a) Any responsible party as defined by subdivision (a) of Section 78145 of the Health and Safety Code shall be liable to the district for the costs incurred…
§ 53314.8 At any time either before or after the formation of the district, the legislative body may provide, by ordinance, that for a period specified in the ordinance,…
§ 53314.9 (a) Notwithstanding Section 53313.5, at any time either before or after the formation of the district, the legislative body may accept advances of funds or…
§ 53315 This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer,…
§ 53315.3 The failure of any person to receive a notice, resolution, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken…
§ 53315.6 When any proceeding is initiated under this chapter by a legislative body other than that of a city or county, a copy of the resolution of intention shall be…
§ 53315.8 A county may not form a district within the territorial jurisdiction of a city without the consent of the legislative body of the city.
§ 53316 This chapter applies to all local agencies insofar as those entities have the power to install or contribute revenue for any of the facilities or provide or…
§ 53316.2 (a) A community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the district, or…
§ 53316.4 The agreement entered into pursuant to Section 53316.2 shall contain a description of the facilities and services to be provided under the agreement, and any…
§ 53316.6 The agreement entered into pursuant to Section 53316.2 may provide for the division of responsibility to provide any of the facilities or services among the…
§ 53317 Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. (a) “Clerk” means the clerk of…
§ 53317.3 If property not otherwise exempt from a special tax levied pursuant to this chapter is acquired by a public entity through a negotiated transaction, or by gift…
§ 53317.5 If property subject to a special tax levied pursuant to this chapter is acquired by a public entity through eminent domain proceedings, the obligation to pay…