SECTIONS 53373-53375 - California Statutes

GOVERNMENT CODE

SECTION 53373-53375

53373. Proceedings for the establishment of a district may be
initiated by the legislative body by adopting a resolution of
intention to establish a district. The resolution shall do all of the
following:
(a) State that a district is proposed to be established pursuant
to this chapter and describe the boundaries of the territory proposed
for inclusion in the district.
(b) State the name proposed for the district.
(c) State the type or types of public facilities to be
rehabilitated by the district. The resolution shall describe the
conditions of the public facilities that require rehabilitation, and
shall generally describe the scope of work proposed to be done.
(d) State that property tax revenues, other taxes, charges, fees,
assessments, or other levies imposed on those residing within the
district will be utilized to fund the works and operations of the
district.
(e) State the amount and type of any bonds to be issued by the
district.
(f) State that the legislative body will serve as ex officio
directors of the district.
(g) Fix a time and place for a public hearing on the establishment
of the district which shall be not less than 30, or more than 60,
days after the adoption of the resolution.

53373.3. A district shall not be created with boundaries that
overlap the boundaries of any project area established within the
boundaries of a redevelopment agency created pursuant to Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code. A project area shall not be created with boundaries that
overlap the boundaries of a district.

53373.7. (a) The clerk of the legislative body shall publish a
notice of the time and place for the public hearing on the
establishment of the district once a week for four successive weeks
in a newspaper of general circulation published in the area of the
proposed district. Publication shall be complete at least seven days
prior to the date of the hearing.
(b) The notice shall contain all of the following information:
(1) The text of the resolution of intention adopted pursuant to
Section 53373.
(2) The time and place of the hearing.
(3) A statement that at the hearing the testimony of all
interested persons for or against the establishment of the district
or any of the proposed works or operations of the district, or any
charges, fees, taxes, or assessments to be levied by the proposed
district, will be heard.

53374. If the district proposes to levy an assessment or a special
tax or issue bonds in accordance with subdivision (j) of Section
53382 any notices, hearings, and protest opportunities required by
any of the principal acts listed in subdivision (j) of Section 53382
may be combined with the notice required to be given pursuant to
Section 53373.7 and the hearing held by the legislative body pursuant
to Section 53374.3.

53374.3. At the hearing, testimony may be presented by all
interested persons in support of, or in opposition to, the
establishment of the district, the extent of the district, the
proposed rehabilitation program, or the proposed method of financing
that rehabilitation program. The city or county officials responsible
for the construction or maintenance of the public facilities
proposed for rehabilitation shall testify with respect to the need
for rehabilitation, the scope of rehabilitation required, and the
cost of performing the rehabilitation. Any protests pertaining to the
regularity or sufficiency of the proceedings shall be in writing and
shall clearly set forth the irregularities and defects to which any
objection is made. All written protests shall be filed with the clerk
of the legislative body on or before the time fixed for the hearing.
The legislative body may correct minor defects in the proceedings at
the hearing. Written protests may be withdrawn in writing at any
time before the conclusion of the hearing.

53374.7. The hearing may be continued from time to time, but shall
be completed within 30 days. At the conclusion of the hearing, the
legislative body may do either of the following:
(a) Abandon the proposed establishment of the district.
(b) Determine to establish the district if it makes all of the
following findings:
(1) That clear evidence exists, with respect to each public
facility proposed for rehabilitation, that the facility has
deteriorated to the point of significantly reduced performance, that
there is a reasonable likelihood of damage to private or public
property or a reasonable likelihood that significant damage will
occur to the facility itself if rehabilitation does not occur
promptly, or that the facility presents a danger to the health or
safety of public employees or to the public.
(2) That clear evidence exists, with respect to each new public
capital facility proposed for construction, that the facility is
needed as a component of a program to rehabilitate the public works
of the district or to rehabilitate a related system of public works
within the district.
(3) The proposed rehabilitation program is consistent with the
general plan of the jurisdiction and any specific plans that apply to
the territory included within the district.
(4) That the public facility or the portion of the public facility
proposed for rehabilitation, is located within the jurisdiction of
the city or county, or that the city or county has entered into a
joint powers agreement with other cities or counties, or both, to
participate in the rehabilitation of the facility.

53375. If the legislative body determines to proceed with
establishing the district, the legislative body shall adopt an
ordinance establishing the district.