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 rehabilitation. The provisions of this
chapter shall not affect or limit any other provisions of law authorizing
or providing for the furnishing of governmental facilities or services
or the raising of revenue for these purposes. A local government
may use the provisions of this chapter instead of any other method
of financing part or all of the cost of providing the authorized
kinds of capital facilities and services.
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 which are not otherwise prohibited
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 adopted local goals and policies
concerning the use of this chapter. The policies shall include at
least the following:
(1) A statement of the priority that various kinds of public facilities
shall have for financing through the use of this chapter, including
public facilities to be owned and operated by other public agencies,
including school districts.
(2) A statement concerning the credit quality to be required of
bond issues, including criteria to be used in evaluating the credit
(3) A statement concerning steps to be taken to ensure that prospective
property purchasers are fully informed about their taxpaying obligations
imposed under this chapter.
(4) A statement concerning criteria for evaluating the equity
of tax allocation formulas, and concerning desirable and maximum
amounts of special tax to be levied against any parcel pursuant
to this chapter.
(5) A statement of definitions, standards, and assumptions to
be used in appraisals required by Section 53345.8.
(b) The goals and policies adopted by any school district pursuant
to subdivision (a) shall include, but not be limited to, a priority
access policy which gives priority attendance access to students
residing in a community facilities district whose residents have
paid special taxes which have, in whole or in part, financed the
construction of school district facilities. The degree of priority
shall reflect the proportion of each school's financing provided
through the community facilities district. In developing a priority
access policy for residents of a community facilities district,
a school district may incorporate a school district attendance policy
including criteria for student assignment such as goals to achieve
ethnic, racial, or socioeconomic diversity; federal, state, or court
mandates; transportation needs, safe pedestrian routes; grade levels
for which facilities were designed; and ensuring students continuity
of schooling within any single school year.
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 protection services, including, but not limited to,
criminal justice services. However, criminal justice services shall
be limited to providing services for jails, detention facilities,
and juvenile halls.
(b) Fire protection and suppression services, and ambulance and
(c) Recreation program services, library services, maintenance
services for elementary and secondary schoolsites and structures,
and the operation and maintenance of museums and cultural facilities.
Bonds may not be issued pursuant to this chapter to fund any of
the services specified in this subdivision. A special tax may be
levied for any of the services specified in this subdivision only
upon approval of the voters as specified in subdivision (b) of Section
53328. However, the requirement contained in subdivision (b) of
Section 53328 that a certain number of persons have been registered
to vote for each of the 90 days preceding the close of the protest
hearing does not apply to an election to enact a special tax for
recreation program services, library services, and the operation
and maintenance of museums and cultural facilities subject to subdivision
(c) of Section 53326. (d) Maintenance of parks, parkways, and open
(e) Flood and storm protection services, including, but not limited
to, the operation and maintenance of storm drainage systems, and
sandstorm protection systems.
(f) Services with respect to removal or remedial action for the
cleanup of any hazardous substance released or threatened to be
released into the environment. As used in this subdivision, the
terms "remedial action" and "removal" shall
have the meanings set forth in Sections 25322 and 25323, respectively,
of the Health and Safety Code, and the term "hazardous substance"
shall have the meaning set forth in Section 25281 of the Health
and Safety Code. Community facilities districts shall provide the
State Department of Health Services and local health and building
departments with notification of any cleanup activity pursuant to
this subdivision at least 30 days prior to commencement of the activity.
A community facilities district tax approved by vote of the landowners
of the district may only finance the services authorized in this
section to the extent that they are in addition to those provided
in the territory of the district before the district was created.
The additional services may not supplant services already available
within that territory when the district was created.
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 purpose under Section 66477.
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 from any fee, increase in any fee other
than a cost-of-living increase as authorized by law, or other requirement
first levied, increased, or imposed subsequent to the date on which
the resolution of formation creating the community facilities district
is adopted under Section 53080, or under Chapter 4.7 (commencing
with Section 65970) of Division 1 of Title 7, by or to benefit any
other school district, except as otherwise negotiated between the
school districts. That exemption shall apply until a date 10 years
following the most recent issuance of bonds by the community facilities
district or, if no bonds have ever been issued by the community
facilities district, a date 10 years following the formation of
the community facilities district or until the school district applies
for state funding as provided in subdivision (d) of Section 17705.6.
53313.5. A community facilities district may also finance the
purchase, construction, expansion, improvement, or rehabilitation
of any real or other tangible property with an estimated useful
life of five years or longer or may finance planning and design
work that is directly related to the purchase, construction, expansion,
or rehabilitation of any real or tangible property. The facilities
need not be physically located within the district. A district may
not lease out facilities which it has financed except pursuant to
a lease agreement or annexation agreement entered into prior to
January 1, 1988. A district may only finance the purchase of facilities
whose construction has been completed, as determined by the legislative
body, before the resolution of formation to establish the district
is adopted pursuant to Section 53325.1, except that a district may
finance the purchase of facilities completed after the adoption
of the resolution of formation if the facility was constructed as
if it had been constructed under the direction and supervision,
or under the authority of, the local agency. For example, a community
facilities district may finance facilities, including, but not limited
to, the following:
(a) Local park, recreation, parkway, and open-space facilities.
(b) Elementary and secondary schoolsites and structures provided
that the facilities meet the building area and cost standards established
by the State Allocation Board.
(d) Child care facilities, including costs of insuring the facilities
against loss, liability insurance in connection with the operation
of the facility, and other insurance costs relating to the operation
of the facilities, but excluding all other operational costs. However,
the proceeds of bonds issued pursuant to this chapter shall not
be used to pay these insurance costs.
(e) The district may also finance the construction or undergrounding
of water transmission and distribution facilities, natural gas pipeline
facilities, telephone lines, facilities for the transmission or
distribution of electrical energy, and cable television lines to
provide access to those services to customers who do not have access
to those services or to mitigate existing visual blight. The district
may enter into an agreement with a public utility to utilize those
facilities to provide a particular service and for the conveyance
of those facilities to the public utility. "Public utility"
shall include all utilities, whether public and regulated by the
Public Utilities Commission, or municipal. If the facilities are
conveyed to the public utility, the agreement shall provide that
the cost or a portion of the cost of the facilities that are the
responsibility of the utility shall be refunded by the public utility
to the district or improvement area thereof, to the extent that
refunds are applicable pursuant to (1) the Public Utilities Code
or rules of the Public Utilities Commission, as to utilities regulated
by the commission, or (2) other laws regulating public utilities.
Any reimbursement made to the district shall be utilized to reduce
or minimize the special tax levied within the district or improvement
area, or to construct or acquire additional facilities within the
district or improvement area, as specified in the resolution of
(f) The district may also finance the acquisition, improvement,
rehabilitation, or maintenance of any real or other tangible property,
whether privately or publicly owned, for the purposes described
in subdivision (e) of Section 53313.
(g) The district may also pay in full all amounts necessary to
eliminate any fixed special assessment liens or to pay, repay, or
defease any obligation to pay or any indebtedness secured by any
tax, fee, charge, or assessment levied within the area of a community
facilities district or may pay debt service on that indebtedness.
In addition, tax revenues of a district may be used to make lease
or debt service payments on any lease, lease purchase contract,
or certificate of participation used to finance authorized district
(h) Any other governmental facilities which the legislative body
creating the community facilities district is authorized by law
to contribute revenue to, or construct, own, or operate. However,
the district shall not operate or maintain or, except as otherwise
provided in subdivisions (e) and (f), have any ownership interest
in any facilities for the transmission or distribution of natural
gas, telephone service, or electrical energy.
(i) (1) A district may also pay for the following:
(A) Work deemed necessary to bring buildings or real property,
including privately owned buildings or real property, into compliance
with seismic safety standards or regulations. Only work certified
as necessary to comply with seismic safety standards or regulations
by local building officials may be financed. No project involving
the dismantling of an existing building and its replacement by a
new building, nor the construction of a new or substantially new
building may be financed pursuant to this subparagraph. Work on
qualified historical buildings or structures shall be done in accordance
with the State Historical Building Code (Part 2.7 (commencing with
Section 18950) of Division 13 of the Health and Safety Code).
(B) In addition, within any county or area designated by the President
of the United States or by the Governor as a disaster area or for
which the Governor has proclaimed the existence of a state of emergency
because of earthquake damage, a district may also pay for any work
deemed necessary to repair any damage to real property directly
or indirectly caused by the occurrence of an earthquake cited in
the President's or the Governor's designation or proclamation, or
by aftershocks associated with that earthquake, including work to
reconstruct, repair, shore up, or replace any building damaged or
destroyed by the earthquake, and specifically including, but not
limited to, work on any building damaged or destroyed in the Loma
Prieta earthquake which occurred on October 17, 1989, or by its
aftershocks. Work may be financed pursuant to this subparagraph
only on property or buildings identified in a resolution of intention
to establish a community facilities district adopted within seven
years of the date on which the county or area is designated as a
disaster area by the President or by the Governor or on which the
Governor proclaims for the area the existence of a state of emergency.
(2) Work on privately owned property, including reconstruction
or replacement of privately owned buildings pursuant to subparagraph
(B) of paragraph (1), may only be financed by a tax levy if all
of the votes cast on the question of levying the tax, vote in favor
of levying the tax, or with the prior written consent to the tax
of the owners of all property which may be subject to the tax, in
which case the prior written consent shall be deemed to constitute
a vote in favor of the tax and any associated bond issue. Any district
created to finance seismic safety work on privately owned buildings,
including repair, reconstruction, or replacement of privately owned
buildings pursuant to this subdivision, shall consist only of lots
or parcels on which the legislative body finds that the buildings
to be worked on, repaired, reconstructed, or replaced, pursuant
to this subdivision, are located or were located before being damaged
or destroyed by the earthquake cited pursuant to subparagraph (B)
of paragraph (1) or by the aftershocks of that earthquake.
(j) (1) A district may also pay for the following:
(A) Work deemed necessary to repair and abate damage caused to
privately owned buildings and structures by soil deterioration.
"Soil deterioration" means a chemical reaction by soils
that causes structural damage or defects in construction materials
including concrete, steel, and ductile or cast iron. Only work certified
as necessary by local building officials may be financed. No project
involving the dismantling of an existing building or structure and
its replacement by a new building or structure, nor the construction
of a new or substantially new building or structure may be financed
pursuant to this subparagraph.
(B) Work on privately owned buildings and structures pursuant
to this subdivision, including reconstruction, repair, and abatement
of damage caused by soil deterioration, may only be financed by
a tax levy if all of the votes cast on the question of levying the
tax vote in favor of levying the tax. Any district created to finance
the work on privately owned buildings or structures, including reconstruction,
repair, and abatement of damage caused by soil deterioration, shall
consist only of lots or parcels on which the legislative body finds
that the buildings or structures to be worked on pursuant to this
subdivision suffer from soil deterioration.
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 making both of the following findings
at the conclusion of the public hearing held pursuant to Article
2 (commencing with Section 53318):
(a) That an ad valorem property tax is levied on property within
a proposed community facilities district for the exclusive purpose
of making lease payments or paying principal or interest on bonds
or other indebtedness, including state school building loans, incurred
to finance construction of capital facilities.
(b) That capital facilities to be financed by the community facilities
district will provide the same services to the territory of the
community facilities district as were provided by the capital facilities
mentioned in subdivision (a).
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 described in subdivision (a)
of Section 53313.6, by ordinance, determine that the total annual
amount of ad valorem property tax revenue due from parcels within
the proposed community facilities district, for purposes of paying
principal and interest on the debt identified in Section 53313.6,
shall not be increased after the date on which the resolution of
formation for the community facilities district is adopted, or after
a later date determined by the legislative body creating the community
facilities district with the concurrence of the legislative body
which levied the property tax in question.
(b) The legislative body may, by ordinance, with the concurrence
of the legislative body that levied the property tax described in
subdivision (a) of Section 53313.6, determine to cease and eliminate
the freeze on property tax revenue established pursuant to subdivision
(a), upon determining that the community facilities district's special
tax or portion thereof levied on the parcels in question to pay
for the capital facilities specified in subdivision (b) of Section
53313.6 shall cease to be levied and collected.
53313.85. Pursuant to Section 53313.5, a community facilities
district may also finance the acquisition improvement, rehabilitation,
or maintenance of any real or other tangible property, whether privately
or publicly owned, for the purposes described in subdivision (f)
of Section 53313.
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 Section 17718.5 of the Education
(b) If the State Allocation Board shares in any part of the cost
of the school facilities, the ownership of those facilities and
the real property upon which the facilities are located shall be
transferred to the State of California. A copy of the deed by which
the title is transferred shall be recorded in the office of the
county recorder of the county in which the property is located.
The deed shall be indexed by the county recorder in the grantor-grantee
index to the name of the school district as grantor and to the State
of California as grantee. In addition, the community facilities
district shall take one or more of the following actions:
(1) Reduce the amount of bonds authorized to be issued by the
community facilities district by an amount not to exceed the amount
that the State Allocation Board contributes to the project.
(2) Reduce the rate of any special tax which is levied within
the community facilities district to reflect the amount that the
State Allocation Board contributes to the project.
(3) Reduce the amount of outstanding bonds or provide for the
defeasance of outstanding bonds by an amount not to exceed the amount
that the State Allocation Board contributes to the project.
(4) Shorten the period of time during which a special tax is levied
within the community facilities district to reflect the reduced
funding needs resulting from the amount that the State Allocation
Board contributes to the project.
(c) Any reductions pursuant to subdivision (b) shall be consistent
with the provisions of the resolutions of intention, formation,
consideration, and to incur bonded indebtedness, adopted pursuant
to Sections 53320, 53321, 53325.1, 53334, and 53345. The legislative
body may, by resolution, reduce the special tax or the amount of
outstanding bonds in a manner consistent with the provisions of
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, for the benefit of the district
or improvement area, from any funds available to the legislative
body. Any moneys so transferred may be used for the payment of any
currently payable expenses incurred by reason of the construction
or acquisition of any facilities or provision of any authorized
services within the district or improvement area prior to December
1 of the first fiscal year in which a special tax may be levied
for the facilities or services within the district or improvement
area. The rate of interest earned by the investment of those moneys
shall be determined by the legislative body.
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 community facilities district, the legislative
body shall include in the levy a sum sufficient to repay to the
legislative body the amounts transferred to that district or zone
pursuant to Section 53314. The amounts borrowed, with interest,
shall be retransferred to the proper fund or funds from the first
available receipts from the special levy in that district or zone.
Notwithstanding the above provisions, the legislative body may,
by a resolution adopted no later than the time of the first levy,
extend the repayment of the transferred funds over a period of time
not to exceed three consecutive years, in which event the levy and
each subsequent levy shall include a sum sufficient to repay the
amount specified by the legislative body for the year of the levy.
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 the acquisition of real or personal
property, engineering services, or the construction of structures
or improvements needed in whole or in part to provide one or more
of the facilities of a community facilities district. The revolving
fund shall be reimbursed from tax revenues or other moneys available
from the facilities district, and no sums shall be disbursed from
the fund until the legislative body has, by resolution, established
the method by, and term not exceeding five years within, which the
community facilities district is to reimburse the fund. The district
shall reimburse the fund for any amount disbursed to the area within
five years after such disbursement, together with interest at the
current rate per annum received on similar types of investments
by the legislative body as determined by the local agency's treasurer.
53314.6. (a) In connection with the financing of services and facilities
pursuant to subdivision (f) of Section 53313 and Section 53313.8,
the legislative body may establish a revolving fund to be kept in
the treasury of the district. Except as provided in subdivision
(b), moneys in the revolving fund shall be expended solely for the
payment of costs with respect to those services and facilities.
The revolving fund may be funded from time to time with moneys derived
from any of the following:
(1) Proceeds of the sale of bonds issued pursuant to Article 5
(commencing with Section 53345), notwithstanding any limitation
contained in Section 53345.3.
(2) Any taxes or charges authorized under this chapter.
(3) Any other lawful source.
(b) Subject to the provisions of any resolution, trust agreement
or indenture providing for the issuance of district bonds for the
purposes set forth in Section 53313.8, the legislative body may
withdraw money from the revolving fund whenever and to the extent
that it finds that the amount of money therein exceeds the amount
necessary to accomplish the purposes for which the revolving fund
was established. Any moneys withdrawn from the revolving fund shall
be used to redeem bonds of the district issued for the purposes
set forth in Section 53313.8 or shall be paid to taxpayers in the
district in amounts which the legislative body determines.
53314.7. (a) Any responsible party as defined by subdivision (a)
of Section 25323.5 of the Health and Safety Code shall be liable
to the district for the costs incurred in the removal or remedial
action for the cleanup of any hazardous substance released or threatened
to be released into the environment. The amount of the costs shall
include interest on the costs accrued from the date of expenditure.
The interest shall be calculated based on the average annual rate
of return on the district's investment of surplus funds for the
fiscal year in which the district incurred the costs. Recovery of
costs by a community facilities district under this section shall
be commenced before or immediately upon completion of the removal
or remedial action, and payments received hereunder by the district
shall be deposited in the revolving fund in accordance with Section
53314.6. (b) To expedite cleanup, this section is intended to provide
local jurisdictions an alternative method of financing the cost
of removal or remedial action for the cleanup of any hazardous substance
through the issuance of voter-approved limited obligation bonds.
The provisions of this section shall not affect or limit the provisions
of any other law establishing the liability of any person for, or
otherwise regulating, the generation, transportation, storage, treatment,
or disposal of hazardous substances. The scope and standard of liability
for any costs recoverable pursuant to Section 53314.7 shall be the
scope and standard of liability set forth in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. Sec. 6901 et seq.), or any other provision of state or federal
law establishing responsibility for cleanup of hazardous waste sites.
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, the local agency may contribute,
from any source of revenue not otherwise prohibited by law, any
specified amount, portion, or percentage of the revenues for the
purposes set forth in the ordinance, limited to the following: the
acquisition or construction of a facility, the acquisition of interest
in real property, or the payment of debt service with respect to
the financing of either, the provision of authorized services, and
the payment of expenses incidental thereto. The contribution shall
not constitute an indebtedness or liability of the local agency.
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 work in-kind from any source, including,
but not limited to, private persons or private entities and may
provide, by resolution, for the use of those funds or that work
in-kind for any authorized purpose, including, but not limited to,
paying any cost incurred by the local agency in creating a district.
The legislative body may enter into an agreement, by resolution,
with the person or entity advancing the funds or work in-kind, to
repay all or a portion of the funds advanced, or to reimburse the
person or entity for the value, or cost, whichever is less, of the
work in-kind, as determined by the legislative body, with or without
interest, under all of the following conditions: (1) The proposal
to repay the funds or the value or cost of the work in-kind, whichever
is less, is included both in the resolution of intention to establish
a district adopted pursuant to Section 53321 and in the resolution
of formation to establish the district adopted pursuant to Section
53325.1, or in the resolution of consideration to alter the types
of public facilities and services provided within an established
district adopted pursuant to Section 53334.
(2) Any proposed special tax or change in a special tax is approved
by the qualified electors of the district pursuant to this chapter.
Any agreement shall specify that if the qualified electors of the
district do not approve the proposed special tax or change in a
special tax, the local agency shall return any funds which have
not been committed for any authorized purpose by the time of the
election to the person or entity advancing the funds.
(3) Any work in-kind accepted pursuant to this section shall have
been performed or constructed as if the work had been performed
or constructed under the direction and supervision, or under the
authority of, the local agency.
(b) The agreement shall not constitute a debt or liability of
the local agency.
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, in any procedure taken under this chapter,
which does not directly affect the jurisdiction of the legislative
body to order the installation of the facility or the provision
of service, shall void or invalidate such proceeding or any levy
for the costs of such facility or service.
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 under this chapter, or prevent
the legislative body from proceeding with any hearing so noticed.
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 transmitted to the legislative
body of the city, where the land to be assessed lies within the
corporate limits of any city, or of the county, where the land to
be assessed lies within an unincorporated territory.
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 contribute revenue for any of the
services authorized under this chapter. This chapter authorizes
local agencies to create community facilities districts pursuant
to this chapter within their territorial limits. A local agency
may initiate proceedings pursuant to Section 53318 to include territory
proposed for annexation to the local agency within a community facilities
district if a petition or resolution of application for the annexation
of the territory to the local agency has been accepted for filing
and a certificate of filing has been issued by the executive officer
of the local agency formation commission at the time the proceedings
to create the district are initiated. Those proceedings may be completed
only if the annexation of the territory to the local agency is completed.
The officers of local agencies who have similar powers and duties,
as determined by the legislative body of the local agency, as the
municipal officers referred to in this chapter shall have the powers
and duties given by this chapter to the municipal officials. Where
no similar officer exists, the legislative body of the local agency
shall, by resolution, appoint a person or designate an officer to
perform the duties under this chapter. Any local agency that has
no authority to enact an ordinance under other laws may, for purposes
of this chapter, enact an ordinance in substantially the same manner
as provided for the enactment of a city ordinance in Chapter 2 (commencing
with Section 36900) of Part 2 of Division 3 of Title 4.
53316.2. (a) A community facilities district may finance facilities
to be owned or operated by an entity other than the agency that
created the district, or services to be provided by an entity other
than the agency that created the district, or any combination, only
pursuant to a joint community facilities agreement or a joint exercise
of powers agreement adopted pursuant to this section.
(b) At any time prior to the adoption of the resolution of formation
creating a community facilities district or a resolution of change
to alter a district, the legislative bodies of two or more local
agencies may enter into a joint community facilities agreement pursuant
to this section and Sections 53316.4 and 53316.6 or into a joint
exercise of powers agreement pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 to exercise any power authorized
by this chapter with respect to the community facilities district
being created or changed if the legislative body of each entity
adopts a resolution declaring that such a joint agreement would
be beneficial to the residents of that entity.
(c) Notwithstanding Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1, a contracting party may use the proceeds
of any special tax or charge levied pursuant to this chapter or
of any bonds or other indebtedness issued pursuant to this chapter
to provide facilities or services which that contracting party is
otherwise authorized by law to provide, even though another contracting
party does not have the power to provide those facilities or services.
(d) Notwithstanding subdivision (b), nothing in this section shall
prevent entry into or amendment of a joint community facilities
agreement or a joint exercise of powers agreement, after adoption
of a resolution of formation, if the new agreement or amendment
is necessary, as determined by the legislative body, for either
of the following reasons:
(1) To allow an orderly transition of governmental facilities
and finances in the case of any change in governmental organization
approved pursuant to the Cortese-Knox Local Government Reorganization
Act of 1985 (Division 1 (commencing with Section 56000) of Title
(2) To allow participation in the agreement by a state or federal
agency that could or would not otherwise participate, including,
but not limited to, the California Department of Transportation.
(e) Notwithstanding any other provision of this chapter, no local
agency which is party to a joint exercise of powers agreement or
joint community facilities agreement shall have primary responsibility
for formation of a district or an improvement area within a district,
or for an extension of authorized facilities and services or a change
in special taxes pursuant to Article 3, unless that local agency
is one or more of the following:
(1) A city, a county, or a city and county.
(2) An agency created pursuant to a joint powers agreement that
is separate from the parties to the agreement, is responsible for
the administration of the agreement, and is subject to the notification
requirement of Section 6503.5.
(3) An agency that is reasonably expected to have responsibility
for providing facilities or services to be financed by a larger
share of the proceeds of special taxes and bonds of the district
or districts created or changed pursuant to the joint exercise of
powers agreement or the joint community facilities agreement than
any other local agency.
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 real or tangible property
which is to be purchased, constructed, expanded, or rehabilitated.
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 entities entering into the
agreement. The agreement shall provide for the allocation and distribution
of the proceeds of any special tax levy among the parties to 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 the legislative body
of a local agency.
(b) "Community facilities district" means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing facilities and services.
(c) "Cost" means the expense of constructing or purchasing
the public facility and of related land, right-of-way, easements,
including incidental expenses, and the cost of providing authorized
services, including incidental expenses.
(d) "Debt" means any binding obligation to pay or repay
a sum of money, including obligations in the form of bonds, certificates
of participation, long-term leases, loans from government agencies,
or loans from banks, other financial institutions, private businesses,
or individuals, or long-term contracts.
(e) "Incidental expense" includes all of the following:
(1) The cost of planning and designing public facilities to be
financed pursuant to this chapter, including the cost of environmental
evaluations of those facilities.
(2) The costs associated with the creation of the district, issuance
of bonds, determination of the amount of taxes, collection of taxes,
payment of taxes, or costs otherwise incurred in order to carry
out the authorized purposes of the district.
(3) Any other expenses incidental to the construction, completion,
and inspection of the authorized work.
(f) "Landowner" or "owner of land" means any
person shown as the owner of land on the last equalized assessment
roll or otherwise known to be the owner of the land by the legislative
body. The legislative body has no obligation to obtain other information
as to the ownership of the land, and its determination of ownership
shall be final and conclusive for the purposes of this chapter.
A public agency is not a landowner or owner of land for purposes
of this chapter, unless the land owned by a public agency would
be subject to a special tax pursuant to Section 53340.1, or unless
the land owned by a public agency is within the territory of a military
base that is closed or is being closed.
(g) "Legislative body" means the legislative body or
governing board of any local agency.
(h) "Local agency" means any city or county, whether
general law or chartered, special district, school district, joint
powers entity created pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1, redevelopment agency, or any other
municipal corporation, district, or political subdivision of the
(i) "Rate" means a single rate of tax or a schedule
(j) "Services" means the provision of categories of
services identified in Section 53313. "Services" includes
the performance by employees of functions, operations, maintenance,
and repair activities. "Services" does not include activities
or facilities identified in Section 53313.5.
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 or devise, the special tax
shall, notwithstanding Section 53340, continue to be levied on the
property acquired and shall be enforceable against the public entity
that acquired the property. However, even if the resolution of formation
that authorized creation of the district did not specify conditions
under which the obligation to pay a special tax may be prepaid and
permanently satisfied, the legislative body of the local agency
that created the district may specify conditions under which the
public agency that acquires the property may prepay and satisfy
the obligation to pay the tax. The conditions may be specified only
if the local agency that created the district finds and determines
that the prepayment arrangement will fully protect the interests
of the owners of the district's bonds.
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 the special tax shall be treated,
pursuant to Section 1265.250 of the Code of Civil Procedure, as
if it were a special annual assessment. For this purpose, the present
value of the obligation to pay a special tax to pay the principal
and interest on any indebtedness incurred by the district prior
to the date of apportionment determined pursuant to Section 5082
of the Revenue and Taxation Code shall be treated the same as a
fixed lien special assessment.