California Legislature—2013–14 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. State-mandated 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 begin delete any end delete begin insert a end insert district begin delete which end delete begin insert that end insert is organized
pursuant to this article, the governing body of the initiating city
shall, on or before the begin delete 15th end delete begin insert 16th end insert 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 begin delete which end delete begin insert that end insert shall be clearly sufficient to raise
begin delete such end delete begin insert the end insert 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 begin delete which end delete begin insert that end insert is provided for begin delete such end delete begin insert the end insert 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 begin insert levied end insert taxes begin delete so levied end delete shall be in addition to all other
taxes levied for county or city purposes begin delete and in addition to taxes
levied pursuant to Section 4614.14 end delete and shall be collected at the
same time and in the same manner as county taxes are collected.
When begin delete such end delete begin insert the end insert 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 begin delete such end delete begin insert the end insert 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.