Title 3 — PROVISIONS RELATING TO BONDS SEC. 43.10.18. ALTERNATE PROCEDURE FOR APPROVING…

(a) As an alternate and independent procedure for conducting an election on the proposition to authorize bonded indebtedness for a special tax district formed pursuant to Section 43.10.17, and in lieu of the procedure set forth in this Article and in Sections 53353.5, 53354 and 53355 of the Act, the proposition to authorize bonded indebtedness may be approved by the owner or owners of a parcel or parcels of property at the time that the parcel or parcels are annexed to the special tax district pursuant to the unanimous approval described in 43.10.17. No additional hearings or procedures are required, and such unanimous approval shall be deemed to constitute a unanimous vote in favor of such proposition.

(b) Notwithstanding the provisions of Section 53359 of the Act and Section 43.10.11 of this Article, the City may bring an action, pursuant to Chapter 9 (commencing with Section 860) of Division 5 of Title 10 of Part 2 of the Code of Civil Procedure, to determine the validity of any bonds issued pursuant to this Article and authorized pursuant to the procedures set forth in this Section 43.10.18. Notwithstanding the provisions of Section 53359 of the Act and Section 43.10.11 of this Article, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any bonds issued pursuant to this Article and authorized pursuant to the procedures set forth in this Section 43.10.18, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Division 5 of Title 10 of Part 2 of the Code of Civil Procedure but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 30 days after the effective date of the resolution described in Section 53351 of the Act. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment.

(c) With respect to a special tax district formed pursuant to Section 43.10.17, nothing in this Section shall prohibit the City from obtaining the approval of the qualified electors with respect to a particular parcel or parcels as to the authorization to incur bonded indebtedness for the special tax district pursuant to any other procedure authorized by the Act.

(Ord. 216-09, File No. 090938, App. 10/29/2009)

In connection with formation of a special tax district and annexation of a parcel or parcels to the special tax district pursuant to the alternate and independent procedure set forth in Section 43.10.17 and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate and independent procedure set forth in Section 43.10.18, the City may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the Special Tax District. Such improvement area shall be known as "Improvement Area No. ___" of "Special Tax District ___." After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate, method of apportionment and, manner of collection of special tax and the authorization to incur bonded indebtedness for such parcel or parcels shall apply only to the improvement area.

(Ord. 216-09, File No. 090938, App. 10/29/2009)

Bonds may be issued under this Article to refund any outstanding special tax bonds or other indebtedness payable from special taxes, whether fixed lien bonds or any other improvement or special tax bonds, including ad valorem assessment or revenue bonds. Any savings achieved through the issuance of refunding bonds may be used by the City in any manner that it determines to be in the best financial interests of the City.

(Ord. 216-09, File No. 090938, App. 10/29/2009)

In connection with the issuance of bonds pursuant to this Article, the Board may determine and may declare in the resolution authorizing the issuance of the bonds that it will obligate itself to advance available surplus funds in the amount of any delinquent special taxes as an advance recoverable upon payment of delinquent special taxes. For purposes of this section, "available surplus funds" shall mean any surplus moneys held by the City at the end of each fiscal year in excess of the amounts required to pay lawful municipal obligations of the City for that fiscal year, all as determined by the Board of Supervisors in its sole discretion, whose determination shall be final and binding.