53175-53179.5

GOVERNMENT CODE
SECTION 53175-53179.5




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 financing governmental facilities. A
local agency may use the provisions of this chapter instead of, or in
conjunction with, any other method of financing part or all of the
cost of providing capital facilities. The provisions of this chapter
governing the establishment and operation of an integrated financing
district shall, to the extent of any conflict, prevail over any other
provision of law.



53176.  This chapter shall be liberally construed in order to
effectuate its purposes. No inadvertent error, irregularity,
informality, or the inadvertent neglect or omission of any officer,
in any procedure taken under this chapter, other than fraud, shall
void or invalidate that proceeding, any levy imposed to finance the
cost of a public facility, or any reimbursement agreement.



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 proceedings taken under this chapter,
or prevent the legislative body from proceeding with any hearing so
noticed.



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 Section 53179. The officers of local
agencies who have similar powers and duties as the municipal officers
referred to in this chapter shall have the powers and duties given
by this chapter to 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 required to be performed by this chapter.



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. This chapter is a "principal act" as
that term is defined in Section 3100 of the Streets and Highways
Code. Contingent assessments levied pursuant to this chapter are
"assessments" within the meaning of Section 3100 of the Streets and
Highways Code. All notices required by Division 4.5 (commencing with
Section 3100) of the Streets and Highways Code shall be modified to
clearly state the contingency conditions which apply to contingent
assessments.


53179.  Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.
   (a) "District" means the area of land included within an
integrated financing district established pursuant to this chapter.
   (b) "Financing act" means the Improvement Act of 1911 (Division 7
(commencing with Section 5000) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), the Landscaping and Lighting Act of 1972
(Part 2 (commencing with Section 22500) of Division 15 of the Streets
and Highways Code), the Vehicle Parking District Law of 1943 (Part 1
(commencing with Section 31500) of Division 18 of the Streets and
Highways Code), the Parking District Law of 1951 (Part 4 (commencing
with Section 35100) of Division 18 of the Streets and Highways Code),
the Park and Playground Act of 1909 (Chapter 7 (commencing with
Section 38000) of Part 2 of Division 3 of Title 4 of this code), the
Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing
with Section 53311) of Part 1 of Division 2 of this title), the
Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section
54703) of Part 1 of Division 2 of this title), and the so-called
facilities benefit assessment levied by the charter city of San Diego
or any substantially similar assessment levied for the same purpose
by any other charter city pursuant to any ordinance or charter
provision.
   (c) "Fund" means the District Reimbursement Fund created pursuant
to Section 53197.
   (d) "Landowner" or "owner of land" has the same meaning as in the
financing act employed in conjunction with this chapter.
   (e) "Legislative body" means the legislative body, governing
board, or board of directors of any local agency.
   (f) "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, or any other municipal corporation or
district.


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 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 if the
legislative body of each entity adopts a resolution declaring that a
joint agreement would be beneficial to the residents of that entity.
   (b) Notwithstanding Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1, a contracting party may use the proceeds of
any levy made pursuant to this chapter, or of any indebtedness or
warrants 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.
   (c) The agreement entered into pursuant to subdivision (a) shall
contain a description of the facilities and services to be provided
or acquired under the agreement. The agreement shall also 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 agreement.