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AB-1052 Community facilities: district formation.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1052


Introduced by Assembly Member Quirk

February 22, 2013


An act to amend Section 4614.13 of the Health and Safety Code, relating to community facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1052, as introduced, Quirk. Community facilities: district formation.
The Community Facilities Law of 1911 authorizes districts to be formed for purposes of making any improvement that will be of benefit to territory partially within the initiating city and partially within any other city or within an unincorporated area of the same county, or both. Existing law authorizes the initiating city to call and hold bond elections. The law requires the governing body of the initiating city on or before July 15 of each year, if bonds are authorized, as provided, to certify, to the board of supervisors of the county in which the district is located, the amount to be raised for the payment of the principal of and interest on the bonds.
This bill would change the date by which the governing body is required to provide certification to the board of supervisors to on or before July 16 of each year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4614.13 of the Health and Safety Code is amended to read:

4614.13.
 If bonds are authorized and are issued or are expected to be issued on behalf of any a district which that is organized pursuant to this article, the governing body of the initiating city shall, on or before the 15th 16th day of July of each year, certify to the board of supervisors of the county in which the district is located, the amount to be raised for the payment of the principal of and interest on the bonds in accordance with Section 4638 and, if applicable, Section 4639.5. The county auditor shall determine the rate of taxation which that shall be clearly sufficient to raise such the amount. The county auditor shall compute and enter in a separate column in the county assessment roll the respective sums to be paid as the district tax on the taxable property in the district. The board of supervisors of the county in which the district is located shall, at the time of fixing the general county tax levy and in the manner which that is provided for such the tax levy, levy and collect each year upon all of the taxable property in the district a tax in accordance with Section 4638 and, if applicable, Section 4639.5. The levied taxes so levied shall be in addition to all other taxes levied for county or city purposes and in addition to taxes levied pursuant to Section 4614.14 and shall be collected at the same time and in the same manner as county taxes are collected. When such the taxes are collected they shall be paid to the county treasurer who shall forthwith remit them to the city treasurer of the initiating city. The taxes are a lien on all taxable property in the district and shall be of the same force and effect as the lien for county taxes. Their collection shall be enforced by the same means as provided for the enforcement of the lien of county taxes. The city treasurer of the initiating city shall hold such the taxes in trust, separate and apart from all other city funds and use and apply them solely to the payment of bond principal and interest.