33820. Special assessment areas wholly within redevelopment project
areas may be established and special assessments levied within such
special assessment areas pursuant to this chapter.
33821. When, in the opinion of the governing board of an agency, it
is determined that there will be insufficient tax revenues allocated
to the agency to pay its incurred indebtedness, the agency shall
file with the legislative body a report.
33822. The report shall contain all of the following:
(a) The total amount of outstanding indebtedness incurred by the
agency with respect to the project area containing the special
assessment area, a listing of the different kinds of indebtedness
incurred together with the amount of debt incurred for each separate
kind of indebtedness, and the annual payment required to be made for
each such kind of indebtedness for each year during which the debt is
outstanding.
(b) An estimate of the amount of taxes which will be received by
the agency pursuant to subdivision (b) of Section 33670 which will be
available to make payments on the different kinds of indebtedness
when due.
(c) A description and estimated amounts of other revenues, funds
and other moneys, other than tax revenues described in subdivision
(b), which are or will be available to the agency for making the
payments.
(d) An estimate of the total and annual amounts of the payments
which the agency will be unable to make because of the insufficiency
of funds available for that purpose.
(e) A schedule of payments and either (1) copies of contracts,
agreements, or other documents creating the indebtedness, or (2) a
list (including a summary of parties and purpose) of contracts,
agreements, and other documents creating the indebtedness.
(f) A description of the redevelopment activities which have been
or will be undertaken by the agency with the proceeds derived from
the indebtedness.
(g) A diagram showing the following:
(1) The boundaries of a special area of the redevelopment project
area which, in the opinion of the agency, has been specially
benefited.
(2) The dimensions or description of the parcels of property
within the special area as they existed at the time of making the
report. Each such subdivision shall be given a separate number upon
the diagram.
(3) The proposed assessment on each of the parcels of property
within the special assessment area levied in proportion to benefits.
(h) A statement as to whether the proposed assessment district
includes property containing residential dwelling units, an estimate
of the number of such dwelling units occupied by persons and families
of low or moderate income, and an estimate of the total amount of
assessments to be levied on such dwelling units occupied by persons
and families of low or moderate income.
(i) A request that the legislative body proceed with the formation
of a special assessment area and levy a special assessment on
properties in the special assessment area.
(j) For each fiscal year in which the special assessment is
proposed to be levied, the amount of taxes which was projected to be
available for allocation to the agency pursuant to subdivision (b) of
Section 33670, based on the actual tax rates in effect for the
1977-78 fiscal year and on the projected assessed values under the
applicable laws in effect for the 1977-78 fiscal year, with respect
to its indebtedness incurred prior to July 1, 1978. The statement
shall contain information upon which the assessed values were
projected. If any bonds have been issued and the official statement
or bond resolution for such bonds contained an estimate of projected
tax revenues which were to be received by the agency pursuant to
subdivision (b) of Section 33670, the information shall refer to the
official statement or bond resolution.
33822.5. Copies of contracts, agreements, and other documents
specified in subdivision (e) of Section 33822 shall be made available
to the public at the time the report is filed with the legislative
body.
33822.7. The agency shall notify the Department of Housing and
Community Development within five days following the filing of a
report with the legislative body pursuant to Section 33821.
33823. After the receipt of the report, the legislative body may
adopt a resolution of intention to form a special assessment area and
to levy special assessments on properties located therein to provide
supplemental revenues for the purpose of making payments on the
indebtedness when due.
33824. The resolution of intention shall:
(a) Describe the exterior boundaries of the special assessment
area.
(b) Include the estimated annual amounts needed to be levied on
the properties within such area for the purpose of making such
payments and the period during which such special assessments will be
required, which in no case shall be longer than the time by which
the debt is to be repaid.
(c) Include the proposed assessments.
The resolution shall incorporate by reference the report required
by Section 33822.
33825. The resolution shall contain a notice of the time and place
at which any person may appear before the legislative body and object
to the formation of the special assessment area and the levy of
special assessments therein. The hearing shall be held not less than
30 days after the passage of the resolution.
33826. The notice shall contain all of the following:
(a) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report of the agency.
(b) A statement of the total estimated payments of principal and
interest and other payments required.
(c) The amounts as shown on the report of the agency, to be
assessed against each parcel of property annually.
(d) A statement that any owner of property within the proposed
assessment area may file a written protest as provided in Section
33831.
(e) A statement that the city or county will pay the assessment
levied on that portion of real property containing residential
dwelling units occupied by persons and families of low or moderate
income. The statement shall set forth a schedule of the applicable
maximum annual incomes by family size which may be received by
persons and families of low or moderate income and notice as to where
applications and information regarding the payments may be obtained.
33827. The clerk of the legislative body shall give notice of the
time and place in the resolution of intention as provided in Section
33825.
33828. The notice shall be published pursuant to Section 6066 of
the Government Code, the first publication of which shall be at least
20 days prior to the date set for hearing. Copies of the notice
shall (1) be mailed by first class mail, postage prepaid, to the
owners of property in the proposed special assessment area at the
addresses of such owners as shown on the last equalized assessment
roll used for tax purposes or as otherwise known to the clerk, (2) be
mailed postage prepaid to the occupants of property in the proposed
special assessment area, and (3) be posted conspicuously on all
streets within the proposed special assessment area, not more than
300 feet apart on each street so posted, but not less than three in
all. If property assessed pursuant to Section 19 of Article XIII of
the Constitution is within such special assessment area, such notice
shall be mailed to the owner of such property as shown on the roll
last transmitted by the State Board of Equalization to the county
auditor.
33829. No proceeding shall be held invalid for the failure to mail
notice to any property owner or occupant or to post the notice if
there has been substantial compliance with the requirements of this
article.
33830. If no newspaper is published and circulated in the city, the
notice shall be published in a newspaper published in any county in
which the city is located.
33831. Any owner of property within the proposed special assessment
area may protest the formation of the special assessment area, the
extent thereof, or the proposed assessment by filing a written
protest with the clerk of the legislative body at or before the time
set for the hearing. Such protest shall contain a description of the
property sufficient to identify the same and, if the signer is not
shown on the last equalized assessment roll as the owner of such
property, shall contain or be accompanied by written evidence that
such signer is the owner of such property. The clerk shall endorse on
each protest the date of its receipt and at the time appointed for
the hearing shall present to the legislative body all protests filed.
No other protests shall be considered by the legislative body.
33832. At the time and place set for hearing on the formation of
the special assessment area and levy of special assessments, the
legislative body shall consider the report of the agency and hear and
pass upon all written protests. Such hearing may be continued from
time to time by the legislative body.
33833. If protests are filed against the special assessment area,
and the legislative body finds that such protests are signed by the
owners of more than one-half of the area of the property included
within the proposed special assessment area, all further proceedings
under the resolution of intention are barred, and no new resolution
of intention for the same shall be passed within six months after the
decision of the legislative body on the hearing, unless the protests
are overruled by an affirmative vote of four-fifths of the members
of the legislative body.
33834. If it is necessary, in order to find whether a majority
protest exists, to determine whether any or all of the signers of
written protests are the "owners" of property to be assessed, the
legislative body shall make such determination from the last
equalized assessment roll or the roll specified in Section 33828, any
written evidence submitted with a written protest and any other
evidence received at the hearing. The legislative body shall be under
no duty to obtain or consider any other evidence as to ownership of
property and its determination of ownership shall be final and
conclusive.
33835. Prior to final action on the report, the legislative body
shall find and determine, based on evidence submitted at the public
hearing, (a) whether the properties proposed to be assessed are
specially benefited by the redevelopment activities described in
Section 33814, and are capable of bearing the burden of the proposed
assessment, (b) whether the assessments have been apportioned in
proportion to such benefits, (c) whether property within the
assessment area contains residential dwelling units, and (d) for each
fiscal year in which the special assessment is proposed to be
levied, the amount of taxes which was projected to be available for
allocation to the agency pursuant to subdivision (b) of Section
33670, based on the actual tax rates in effect for the 1977-78 fiscal
year and on the projected assessed values under the applicable laws
in effect for the 1977-78 fiscal year, with respect to its
indebtedness incurred prior to July 1, 1978.
33835.3. In no event shall a special assessment be levied pursuant
to this chapter if the amount specified in the adopted report
pursuant to subdivision (b) of Section 33822 is equal to or greater
than the amount determined by the legislative body pursuant to
subdivision (d) of Section 33835. If the amount established pursuant
to subdivision (b) of Section 33822 in the adopted report is less
than the amount determined pursuant to subdivision (d) of Section
33835, then the maximum amount which can be levied by special
assessment pursuant to this chapter is the dollar difference between
the amounts described in those two subdivisions plus any indebtedness
described in Section 33802.
33835.5. Prior to taking final action on the report pursuant to
either Section 33821 or 33837, the legislative body shall find and
determine that the total amount of revenues received by levying a
special assessment pursuant to this chapter, plus the taxes which the
legislative body has determined will be received pursuant to
subdivision (b) of Section 33822 of the adopted report, does not
exceed the amount determined pursuant to subdivision (d) of Section
33835 plus any indebtedness described in Section 33802.
33836. If written protests by more than one-half of the area of the
property in the special assessment area are either not received or
are received and are overruled the legislative body may, by
resolution, confirm, modify, or correct the report and order the
formation of the special assessment area, and levy the assessments
shown on the report as confirmed, modified or corrected. The
resolution shall be final as to all persons and the assessments
thereby levied upon the respective subdivisions of land in the
special assessment area until changed pursuant to Section 33838.
However, for the purposes of Section 33838, the assessment levied
pursuant to this section shall be the assessment for the first fiscal
year.
33837. Prior to May 15th of each year, after the first fiscal year,
during which the assessment district is to continue, the agency
shall file with the legislative body a report which shall contain (1)
an estimate of the total amount of funds including taxes received by
the agency pursuant to subdivision (b) of Section 33670 which will
be available to pay the indebtedness for the next fiscal year, (2) an
estimate of the amount of payments specified in the report pursuant
to Section 33822 which the agency will be unable to pay because of
insufficient funds, and (3) a diagram and a proposed assessment to be
levied upon each parcel of property in the area for the next fiscal
year.
33838. After receiving a report pursuant to Section 33837, the
legislative body shall review and adopt the report, either as
presented or as modified, and shall take one of the following
actions:
(a) Find that the existing levy will raise substantially the same
amount as is needed to make the payments, in which case no change to
the existing levy is needed.
(b) Find that the existing levy will raise more than is needed to
make the payments, in which case the legislative body shall reduce
the levy for that fiscal year to an amount sufficient to make the
payments.
(c) Find that the existing levy will not raise sufficient funds to
make the payments, in which case the legislative body may, after a
notice and hearing pursuant to Sections 33825 to 33835, inclusive,
levy an increased assessment for that fiscal year in an amount
sufficient to make the payments.
33839. Notwithstanding any other provision of this chapter, all tax
increments allocated to the agency pursuant to subdivision (b) of
Section 33670 with respect to a redevelopment project for which a
special assessment district has been created pursuant to this
chapter, shall first be used to pay indebtedness, as defined in this
chapter.
33820. Special assessment areas wholly within redevelopment project
areas may be established and special assessments levied within such
special assessment areas pursuant to this chapter.
33821. When, in the opinion of the governing board of an agency, it
is determined that there will be insufficient tax revenues allocated
to the agency to pay its incurred indebtedness, the agency shall
file with the legislative body a report.
33822. The report shall contain all of the following:
(a) The total amount of outstanding indebtedness incurred by the
agency with respect to the project area containing the special
assessment area, a listing of the different kinds of indebtedness
incurred together with the amount of debt incurred for each separate
kind of indebtedness, and the annual payment required to be made for
each such kind of indebtedness for each year during which the debt is
outstanding.
(b) An estimate of the amount of taxes which will be received by
the agency pursuant to subdivision (b) of Section 33670 which will be
available to make payments on the different kinds of indebtedness
when due.
(c) A description and estimated amounts of other revenues, funds
and other moneys, other than tax revenues described in subdivision
(b), which are or will be available to the agency for making the
payments.
(d) An estimate of the total and annual amounts of the payments
which the agency will be unable to make because of the insufficiency
of funds available for that purpose.
(e) A schedule of payments and either (1) copies of contracts,
agreements, or other documents creating the indebtedness, or (2) a
list (including a summary of parties and purpose) of contracts,
agreements, and other documents creating the indebtedness.
(f) A description of the redevelopment activities which have been
or will be undertaken by the agency with the proceeds derived from
the indebtedness.
(g) A diagram showing the following:
(1) The boundaries of a special area of the redevelopment project
area which, in the opinion of the agency, has been specially
benefited.
(2) The dimensions or description of the parcels of property
within the special area as they existed at the time of making the
report. Each such subdivision shall be given a separate number upon
the diagram.
(3) The proposed assessment on each of the parcels of property
within the special assessment area levied in proportion to benefits.
(h) A statement as to whether the proposed assessment district
includes property containing residential dwelling units, an estimate
of the number of such dwelling units occupied by persons and families
of low or moderate income, and an estimate of the total amount of
assessments to be levied on such dwelling units occupied by persons
and families of low or moderate income.
(i) A request that the legislative body proceed with the formation
of a special assessment area and levy a special assessment on
properties in the special assessment area.
(j) For each fiscal year in which the special assessment is
proposed to be levied, the amount of taxes which was projected to be
available for allocation to the agency pursuant to subdivision (b) of
Section 33670, based on the actual tax rates in effect for the
1977-78 fiscal year and on the projected assessed values under the
applicable laws in effect for the 1977-78 fiscal year, with respect
to its indebtedness incurred prior to July 1, 1978. The statement
shall contain information upon which the assessed values were
projected. If any bonds have been issued and the official statement
or bond resolution for such bonds contained an estimate of projected
tax revenues which were to be received by the agency pursuant to
subdivision (b) of Section 33670, the information shall refer to the
official statement or bond resolution.
33822.5. Copies of contracts, agreements, and other documents
specified in subdivision (e) of Section 33822 shall be made available
to the public at the time the report is filed with the legislative
body.
33822.7. The agency shall notify the Department of Housing and
Community Development within five days following the filing of a
report with the legislative body pursuant to Section 33821.
33823. After the receipt of the report, the legislative body may
adopt a resolution of intention to form a special assessment area and
to levy special assessments on properties located therein to provide
supplemental revenues for the purpose of making payments on the
indebtedness when due.
33824. The resolution of intention shall:
(a) Describe the exterior boundaries of the special assessment
area.
(b) Include the estimated annual amounts needed to be levied on
the properties within such area for the purpose of making such
payments and the period during which such special assessments will be
required, which in no case shall be longer than the time by which
the debt is to be repaid.
(c) Include the proposed assessments.
The resolution shall incorporate by reference the report required
by Section 33822.
33825. The resolution shall contain a notice of the time and place
at which any person may appear before the legislative body and object
to the formation of the special assessment area and the levy of
special assessments therein. The hearing shall be held not less than
30 days after the passage of the resolution.
33826. The notice shall contain all of the following:
(a) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report of the agency.
(b) A statement of the total estimated payments of principal and
interest and other payments required.
(c) The amounts as shown on the report of the agency, to be
assessed against each parcel of property annually.
(d) A statement that any owner of property within the proposed
assessment area may file a written protest as provided in Section
33831.
(e) A statement that the city or county will pay the assessment
levied on that portion of real property containing residential
dwelling units occupied by persons and families of low or moderate
income. The statement shall set forth a schedule of the applicable
maximum annual incomes by family size which may be received by
persons and families of low or moderate income and notice as to where
applications and information regarding the payments may be obtained.
33827. The clerk of the legislative body shall give notice of the
time and place in the resolution of intention as provided in Section
33825.
33828. The notice shall be published pursuant to Section 6066 of
the Government Code, the first publication of which shall be at least
20 days prior to the date set for hearing. Copies of the notice
shall (1) be mailed by first class mail, postage prepaid, to the
owners of property in the proposed special assessment area at the
addresses of such owners as shown on the last equalized assessment
roll used for tax purposes or as otherwise known to the clerk, (2) be
mailed postage prepaid to the occupants of property in the proposed
special assessment area, and (3) be posted conspicuously on all
streets within the proposed special assessment area, not more than
300 feet apart on each street so posted, but not less than three in
all. If property assessed pursuant to Section 19 of Article XIII of
the Constitution is within such special assessment area, such notice
shall be mailed to the owner of such property as shown on the roll
last transmitted by the State Board of Equalization to the county
auditor.
33829. No proceeding shall be held invalid for the failure to mail
notice to any property owner or occupant or to post the notice if
there has been substantial compliance with the requirements of this
article.
33830. If no newspaper is published and circulated in the city, the
notice shall be published in a newspaper published in any county in
which the city is located.
33831. Any owner of property within the proposed special assessment
area may protest the formation of the special assessment area, the
extent thereof, or the proposed assessment by filing a written
protest with the clerk of the legislative body at or before the time
set for the hearing. Such protest shall contain a description of the
property sufficient to identify the same and, if the signer is not
shown on the last equalized assessment roll as the owner of such
property, shall contain or be accompanied by written evidence that
such signer is the owner of such property. The clerk shall endorse on
each protest the date of its receipt and at the time appointed for
the hearing shall present to the legislative body all protests filed.
No other protests shall be considered by the legislative body.
33832. At the time and place set for hearing on the formation of
the special assessment area and levy of special assessments, the
legislative body shall consider the report of the agency and hear and
pass upon all written protests. Such hearing may be continued from
time to time by the legislative body.
33833. If protests are filed against the special assessment area,
and the legislative body finds that such protests are signed by the
owners of more than one-half of the area of the property included
within the proposed special assessment area, all further proceedings
under the resolution of intention are barred, and no new resolution
of intention for the same shall be passed within six months after the
decision of the legislative body on the hearing, unless the protests
are overruled by an affirmative vote of four-fifths of the members
of the legislative body.
33834. If it is necessary, in order to find whether a majority
protest exists, to determine whether any or all of the signers of
written protests are the "owners" of property to be assessed, the
legislative body shall make such determination from the last
equalized assessment roll or the roll specified in Section 33828, any
written evidence submitted with a written protest and any other
evidence received at the hearing. The legislative body shall be under
no duty to obtain or consider any other evidence as to ownership of
property and its determination of ownership shall be final and
conclusive.
33835. Prior to final action on the report, the legislative body
shall find and determine, based on evidence submitted at the public
hearing, (a) whether the properties proposed to be assessed are
specially benefited by the redevelopment activities described in
Section 33814, and are capable of bearing the burden of the proposed
assessment, (b) whether the assessments have been apportioned in
proportion to such benefits, (c) whether property within the
assessment area contains residential dwelling units, and (d) for each
fiscal year in which the special assessment is proposed to be
levied, the amount of taxes which was projected to be available for
allocation to the agency pursuant to subdivision (b) of Section
33670, based on the actual tax rates in effect for the 1977-78 fiscal
year and on the projected assessed values under the applicable laws
in effect for the 1977-78 fiscal year, with respect to its
indebtedness incurred prior to July 1, 1978.
33835.3. In no event shall a special assessment be levied pursuant
to this chapter if the amount specified in the adopted report
pursuant to subdivision (b) of Section 33822 is equal to or greater
than the amount determined by the legislative body pursuant to
subdivision (d) of Section 33835. If the amount established pursuant
to subdivision (b) of Section 33822 in the adopted report is less
than the amount determined pursuant to subdivision (d) of Section
33835, then the maximum amount which can be levied by special
assessment pursuant to this chapter is the dollar difference between
the amounts described in those two subdivisions plus any indebtedness
described in Section 33802.
33835.5. Prior to taking final action on the report pursuant to
either Section 33821 or 33837, the legislative body shall find and
determine that the total amount of revenues received by levying a
special assessment pursuant to this chapter, plus the taxes which the
legislative body has determined will be received pursuant to
subdivision (b) of Section 33822 of the adopted report, does not
exceed the amount determined pursuant to subdivision (d) of Section
33835 plus any indebtedness described in Section 33802.
33836. If written protests by more than one-half of the area of the
property in the special assessment area are either not received or
are received and are overruled the legislative body may, by
resolution, confirm, modify, or correct the report and order the
formation of the special assessment area, and levy the assessments
shown on the report as confirmed, modified or corrected. The
resolution shall be final as to all persons and the assessments
thereby levied upon the respective subdivisions of land in the
special assessment area until changed pursuant to Section 33838.
However, for the purposes of Section 33838, the assessment levied
pursuant to this section shall be the assessment for the first fiscal
year.
33837. Prior to May 15th of each year, after the first fiscal year,
during which the assessment district is to continue, the agency
shall file with the legislative body a report which shall contain (1)
an estimate of the total amount of funds including taxes received by
the agency pursuant to subdivision (b) of Section 33670 which will
be available to pay the indebtedness for the next fiscal year, (2) an
estimate of the amount of payments specified in the report pursuant
to Section 33822 which the agency will be unable to pay because of
insufficient funds, and (3) a diagram and a proposed assessment to be
levied upon each parcel of property in the area for the next fiscal
year.
33838. After receiving a report pursuant to Section 33837, the
legislative body shall review and adopt the report, either as
presented or as modified, and shall take one of the following
actions:
(a) Find that the existing levy will raise substantially the same
amount as is needed to make the payments, in which case no change to
the existing levy is needed.
(b) Find that the existing levy will raise more than is needed to
make the payments, in which case the legislative body shall reduce
the levy for that fiscal year to an amount sufficient to make the
payments.
(c) Find that the existing levy will not raise sufficient funds to
make the payments, in which case the legislative body may, after a
notice and hearing pursuant to Sections 33825 to 33835, inclusive,
levy an increased assessment for that fiscal year in an amount
sufficient to make the payments.
33839. Notwithstanding any other provision of this chapter, all tax
increments allocated to the agency pursuant to subdivision (b) of
Section 33670 with respect to a redevelopment project for which a
special assessment district has been created pursuant to this
chapter, shall first be used to pay indebtedness, as defined in this
chapter.
33820. Special assessment areas wholly within redevelopment project
areas may be established and special assessments levied within such
special assessment areas pursuant to this chapter.
33821. When, in the opinion of the governing board of an agency, it
is determined that there will be insufficient tax revenues allocated
to the agency to pay its incurred indebtedness, the agency shall
file with the legislative body a report.
33822. The report shall contain all of the following:
(a) The total amount of outstanding indebtedness incurred by the
agency with respect to the project area containing the special
assessment area, a listing of the different kinds of indebtedness
incurred together with the amount of debt incurred for each separate
kind of indebtedness, and the annual payment required to be made for
each such kind of indebtedness for each year during which the debt is
outstanding.
(b) An estimate of the amount of taxes which will be received by
the agency pursuant to subdivision (b) of Section 33670 which will be
available to make payments on the different kinds of indebtedness
when due.
(c) A description and estimated amounts of other revenues, funds
and other moneys, other than tax revenues described in subdivision
(b), which are or will be available to the agency for making the
payments.
(d) An estimate of the total and annual amounts of the payments
which the agency will be unable to make because of the insufficiency
of funds available for that purpose.
(e) A schedule of payments and either (1) copies of contracts,
agreements, or other documents creating the indebtedness, or (2) a
list (including a summary of parties and purpose) of contracts,
agreements, and other documents creating the indebtedness.
(f) A description of the redevelopment activities which have been
or will be undertaken by the agency with the proceeds derived from
the indebtedness.
(g) A diagram showing the following:
(1) The boundaries of a special area of the redevelopment project
area which, in the opinion of the agency, has been specially
benefited.
(2) The dimensions or description of the parcels of property
within the special area as they existed at the time of making the
report. Each such subdivision shall be given a separate number upon
the diagram.
(3) The proposed assessment on each of the parcels of property
within the special assessment area levied in proportion to benefits.
(h) A statement as to whether the proposed assessment district
includes property containing residential dwelling units, an estimate
of the number of such dwelling units occupied by persons and families
of low or moderate income, and an estimate of the total amount of
assessments to be levied on such dwelling units occupied by persons
and families of low or moderate income.
(i) A request that the legislative body proceed with the formation
of a special assessment area and levy a special assessment on
properties in the special assessment area.
(j) For each fiscal year in which the special assessment is
proposed to be levied, the amount of taxes which was projected to be
available for allocation to the agency pursuant to subdivision (b) of
Section 33670, based on the actual tax rates in effect for the
1977-78 fiscal year and on the projected assessed values under the
applicable laws in effect for the 1977-78 fiscal year, with respect
to its indebtedness incurred prior to July 1, 1978. The statement
shall contain information upon which the assessed values were
projected. If any bonds have been issued and the official statement
or bond resolution for such bonds contained an estimate of projected
tax revenues which were to be received by the agency pursuant to
subdivision (b) of Section 33670, the information shall refer to the
official statement or bond resolution.
33822.5. Copies of contracts, agreements, and other documents
specified in subdivision (e) of Section 33822 shall be made available
to the public at the time the report is filed with the legislative
body.
33822.7. The agency shall notify the Department of Housing and
Community Development within five days following the filing of a
report with the legislative body pursuant to Section 33821.
33823. After the receipt of the report, the legislative body may
adopt a resolution of intention to form a special assessment area and
to levy special assessments on properties located therein to provide
supplemental revenues for the purpose of making payments on the
indebtedness when due.
33824. The resolution of intention shall:
(a) Describe the exterior boundaries of the special assessment
area.
(b) Include the estimated annual amounts needed to be levied on
the properties within such area for the purpose of making such
payments and the period during which such special assessments will be
required, which in no case shall be longer than the time by which
the debt is to be repaid.
(c) Include the proposed assessments.
The resolution shall incorporate by reference the report required
by Section 33822.
33825. The resolution shall contain a notice of the time and place
at which any person may appear before the legislative body and object
to the formation of the special assessment area and the levy of
special assessments therein. The hearing shall be held not less than
30 days after the passage of the resolution.
33826. The notice shall contain all of the following:
(a) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report of the agency.
(b) A statement of the total estimated payments of principal and
interest and other payments required.
(c) The amounts as shown on the report of the agency, to be
assessed against each parcel of property annually.
(d) A statement that any owner of property within the proposed
assessment area may file a written protest as provided in Section
33831.
(e) A statement that the city or county will pay the assessment
levied on that portion of real property containing residential
dwelling units occupied by persons and families of low or moderate
income. The statement shall set forth a schedule of the applicable
maximum annual incomes by family size which may be received by
persons and families of low or moderate income and notice as to where
applications and information regarding the payments may be obtained.
33827. The clerk of the legislative body shall give notice of the
time and place in the resolution of intention as provided in Section
33825.
33828. The notice shall be published pursuant to Section 6066 of
the Government Code, the first publication of which shall be at least
20 days prior to the date set for hearing. Copies of the notice
shall (1) be mailed by first class mail, postage prepaid, to the
owners of property in the proposed special assessment area at the
addresses of such owners as shown on the last equalized assessment
roll used for tax purposes or as otherwise known to the clerk, (2) be
mailed postage prepaid to the occupants of property in the proposed
special assessment area, and (3) be posted conspicuously on all
streets within the proposed special assessment area, not more than
300 feet apart on each street so posted, but not less than three in
all. If property assessed pursuant to Section 19 of Article XIII of
the Constitution is within such special assessment area, such notice
shall be mailed to the owner of such property as shown on the roll
last transmitted by the State Board of Equalization to the county
auditor.
33829. No proceeding shall be held invalid for the failure to mail
notice to any property owner or occupant or to post the notice if
there has been substantial compliance with the requirements of this
article.
33830. If no newspaper is published and circulated in the city, the
notice shall be published in a newspaper published in any county in
which the city is located.
33831. Any owner of property within the proposed special assessment
area may protest the formation of the special assessment area, the
extent thereof, or the proposed assessment by filing a written
protest with the clerk of the legislative body at or before the time
set for the hearing. Such protest shall contain a description of the
property sufficient to identify the same and, if the signer is not
shown on the last equalized assessment roll as the owner of such
property, shall contain or be accompanied by written evidence that
such signer is the owner of such property. The clerk shall endorse on
each protest the date of its receipt and at the time appointed for
the hearing shall present to the legislative body all protests filed.
No other protests shall be considered by the legislative body.
33832. At the time and place set for hearing on the formation of
the special assessment area and levy of special assessments, the
legislative body shall consider the report of the agency and hear and
pass upon all written protests. Such hearing may be continued from
time to time by the legislative body.
33833. If protests are filed against the special assessment area,
and the legislative body finds that such protests are signed by the
owners of more than one-half of the area of the property included
within the proposed special assessment area, all further proceedings
under the resolution of intention are barred, and no new resolution
of intention for the same shall be passed within six months after the
decision of the legislative body on the hearing, unless the protests
are overruled by an affirmative vote of four-fifths of the members
of the legislative body.
33834. If it is necessary, in order to find whether a majority
protest exists, to determine whether any or all of the signers of
written protests are the "owners" of property to be assessed, the
legislative body shall make such determination from the last
equalized assessment roll or the roll specified in Section 33828, any
written evidence submitted with a written protest and any other
evidence received at the hearing. The legislative body shall be under
no duty to obtain or consider any other evidence as to ownership of
property and its determination of ownership shall be final and
conclusive.
33835. Prior to final action on the report, the legislative body
shall find and determine, based on evidence submitted at the public
hearing, (a) whether the properties proposed to be assessed are
specially benefited by the redevelopment activities described in
Section 33814, and are capable of bearing the burden of the proposed
assessment, (b) whether the assessments have been apportioned in
proportion to such benefits, (c) whether property within the
assessment area contains residential dwelling units, and (d) for each
fiscal year in which the special assessment is proposed to be
levied, the amount of taxes which was projected to be available for
allocation to the agency pursuant to subdivision (b) of Section
33670, based on the actual tax rates in effect for the 1977-78 fiscal
year and on the projected assessed values under the applicable laws
in effect for the 1977-78 fiscal year, with respect to its
indebtedness incurred prior to July 1, 1978.
33835.3. In no event shall a special assessment be levied pursuant
to this chapter if the amount specified in the adopted report
pursuant to subdivision (b) of Section 33822 is equal to or greater
than the amount determined by the legislative body pursuant to
subdivision (d) of Section 33835. If the amount established pursuant
to subdivision (b) of Section 33822 in the adopted report is less
than the amount determined pursuant to subdivision (d) of Section
33835, then the maximum amount which can be levied by special
assessment pursuant to this chapter is the dollar difference between
the amounts described in those two subdivisions plus any indebtedness
described in Section 33802.
33835.5. Prior to taking final action on the report pursuant to
either Section 33821 or 33837, the legislative body shall find and
determine that the total amount of revenues received by levying a
special assessment pursuant to this chapter, plus the taxes which the
legislative body has determined will be received pursuant to
subdivision (b) of Section 33822 of the adopted report, does not
exceed the amount determined pursuant to subdivision (d) of Section
33835 plus any indebtedness described in Section 33802.
33836. If written protests by more than one-half of the area of the
property in the special assessment area are either not received or
are received and are overruled the legislative body may, by
resolution, confirm, modify, or correct the report and order the
formation of the special assessment area, and levy the assessments
shown on the report as confirmed, modified or corrected. The
resolution shall be final as to all persons and the assessments
thereby levied upon the respective subdivisions of land in the
special assessment area until changed pursuant to Section 33838.
However, for the purposes of Section 33838, the assessment levied
pursuant to this section shall be the assessment for the first fiscal
year.
33837. Prior to May 15th of each year, after the first fiscal year,
during which the assessment district is to continue, the agency
shall file with the legislative body a report which shall contain (1)
an estimate of the total amount of funds including taxes received by
the agency pursuant to subdivision (b) of Section 33670 which will
be available to pay the indebtedness for the next fiscal year, (2) an
estimate of the amount of payments specified in the report pursuant
to Section 33822 which the agency will be unable to pay because of
insufficient funds, and (3) a diagram and a proposed assessment to be
levied upon each parcel of property in the area for the next fiscal
year.
33838. After receiving a report pursuant to Section 33837, the
legislative body shall review and adopt the report, either as
presented or as modified, and shall take one of the following
actions:
(a) Find that the existing levy will raise substantially the same
amount as is needed to make the payments, in which case no change to
the existing levy is needed.
(b) Find that the existing levy will raise more than is needed to
make the payments, in which case the legislative body shall reduce
the levy for that fiscal year to an amount sufficient to make the
payments.
(c) Find that the existing levy will not raise sufficient funds to
make the payments, in which case the legislative body may, after a
notice and hearing pursuant to Sections 33825 to 33835, inclusive,
levy an increased assessment for that fiscal year in an amount
sufficient to make the payments.
33839. Notwithstanding any other provision of this chapter, all tax
increments allocated to the agency pursuant to subdivision (b) of
Section 33670 with respect to a redevelopment project for which a
special assessment district has been created pursuant to this
chapter, shall first be used to pay indebtedness, as defined in this
chapter.
