SECTIONS 53180-53184 - California Statutes

GOVERNMENT CODE

SECTION 53180-53184

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 financing act.

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 financing district which shall
include all of the following, and which may be combined with any
similar resolution required in the financing act:
(a) A statement that the local agency will proceed under the
authority of this chapter.
(b) A description of the boundaries of the proposed integrated
financing district, which need not be the same as the boundaries of
the district created pursuant to the financing act.
(c) A description of the rates and methods of apportionment over
time of any levy proposed under this chapter, and the contingencies
under which each levy will be made. A contingent assessment shall be
specified as a fixed dollar amount per unit of area for parcels
developed into each of several land use categories, as determined by
the legislative body, except that the legislative body may provide
that the fixed dollar amount may be adjusted annually by an interest
rate, as determined by the legislative body. The cumulative interest
rate adjustment shall not exceed 100 percent.
(d) A description of the proposed uses of funds arising from any
levy made pursuant to this chapter, including a description of any
facilities to be constructed with the funds, and an estimate of the
cost of those facilities.
(e) A description of any proposed reimbursement agreement.
(f) A statement that a public hearing on proposals made under this
chapter will be combined with any hearing or hearings required under
the financing act, and a description of the procedures for
interested persons to protest against the proposals.

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 may make a written protest against
the proposed work, the extent of the territory to be assessed, the
proposed rate and method of apportionment of any contingent
assessments, any levy proposed to be made pursuant to a financing
act, any agreement entered into pursuant to the financing act or
pursuant to this chapter, or any combination thereof. Any protest
pertaining to a levy made pursuant to a financing act shall be heard
and shall have the force and effect provided in the financing act.
Any protest pertaining to a contingent assessment shall be in
writing, contain a description of the property in which each signer
is interested, sufficient to identify the property, and, if the
signers are not shown on the last equalized assessment roll as the
owners of the property, contain, or be accompanied by, written
evidence that the signers are the owners of the property. All of the
protests shall be delivered to the clerk and no other protests or
objections shall be considered.
(b) At the time set for hearing protests, the legislative body
shall proceed to hear and pass upon all protests so made and its
decision shall be final and conclusive. The legislative body may
adjourn the hearings from time to time. Any protest may be withdrawn,
in writing, by the owner making the protest at any time prior to the
conclusion of the protest hearing.
(c) In lieu of hearing and passing upon protests, the legislative
body may continue the hearing of protests to a day certain and refer
the protests to the superintendent of streets for investigation,
report, and recommendation as to the improvement and matters included
in the protests. The report and recommendation of the superintendent
of streets shall be in writing, and a copy thereof shall be mailed
not less than five days prior to the continued hearing date for
protests to each person owning property liable to be assessed who has
made a written protest. At the time set for the continued hearing,
the legislative body shall hear and pass upon the report and
recommendation of the superintendent of streets and its decision
shall be final and conclusive. The legislative body may adjourn the
hearing from time to time. Protests may be withdrawn in the same
manner as provided in subdivision (b).
(d) If the protest is against the proposed contingent assessment
and the legislative body finds that the protest is made by the owners
of more than one-half of the area of the property within the
proposed integrated financing district which is proposed to be
subject to the contingent assessment immediately or in the future, or
which is proposed to be subject to a levy made pursuant to a
financing act immediately or in the future, and protests are not
withdrawn so as to reduce the same to less than a majority, no
further proceedings to levy the specified contingent assessment shall
be taken pursuant to this chapter for a period of one year from the
date of the decision of the legislative body on the hearing.
(e) If it is necessary to determine whether any or all of the
signers of written protests are the owners of property to be
assessed, in order to find whether a majority protest exists, the
legislative body shall make that determination from the last
equalized assessment roll, any written evidence submitted with a
written protest, and any other evidence received at the hearing. The
legislative body shall be under no duty to obtain or consider any
other evidence as to ownership of property and its determination of
ownership shall be final and conclusive.
(f) If no written protests have been delivered to the clerk up to
the hour set for hearing protests, if protests have been found by the
legislative body to be insufficient or have been overruled, or if
protests against the extent of the proposed district have been heard
and denied, the legislative body shall immediately have jurisdiction
to order the contingent assessment to be levied, and to enter into a
proposed reimbursement agreement.
(g) Nothing in this chapter prohibits the legislative body, within
the one-year period referred to in subdivision (d), from commencing
and carrying on new proceedings for the levy of the proposed
contingent assessment or entry into the proposed reimbursement
agreement which was subject to protest if the legislative body finds,
by the affirmative vote of four-fifths of its members, that the
owners of a majority of the property within the area of the
integrated financing district are in favor of commencing and carrying
on those proceedings.

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 following:
(a) Abandon the proposed establishment of the district.
(b) In the absence of a protest requiring abandonment, determine
by ordinance to proceed with the establishment of the district as set
out in the resolution of intention, as modified. The financing
district shall be combined with the district created pursuant to this
chapter and the combined districts shall be known as an Integrated
Financing District.