[§46-80.1]  Community facilitiesdistrict.  (a)  Any county having a charter may enact an ordinance, andmay amend the same from time to time, providing for the creation of communityfacilities districts to finance special improvements in the county.  Thespecial improvements may be provided and financed under the ordinance.  Thecounty shall have the power to levy and assess a special tax on propertylocated in a district to finance the special improvements and to pay the debtservice on any bonds issued to finance the special improvements.  The countymay issue and sell bonds to provide funds for the special improvements.  Bondsissued to provide funds for the special improvements may be either:  bondssecured only by the properties included in the district and/or the specialtaxes thereon, or bonds payable from general taxes and/or secured by thegeneral taxing power of the county.  If the bonds are secured only by theproperties included in the district and/or the special taxes thereon, the bondsshall be issued according and subject to the provisions of the ordinance.  Ifthe bonds are payable from general taxes or secured by the general taxingpower, the bonds shall be issued according and subject to chapter 47.

(b)  There is no requirement that the specialtax imposed by ordinance pursuant to this section be fixed in an amount orapportioned on the basis of special benefit to be conveyed on property by thespecial improvement, or that the special improvement convey a special benefiton any property in the district.  It shall be sufficient that the governingbody of the county determines that the property to be subject to the specialtax is improved or benefited by the special improvement in a general manner orin any other manner.  The special improvement may also benefit property outsidethe district.  The special taxes assessed pursuant to this section shall be alien upon the property assessed.  The lien shall have priority over all otherliens except the lien of general real property taxes and the lien ofassessments levied under section 46-80.  The lien of special taxesassessed pursuant to this section shall be on a parity with the lien of generalreal property taxes and the lien of assessments levied under section 46-80,except to the extent the law or assessment ordinance provides that the lien ofassessments levied under section 46-80 shall be subordinate to the lienof general real property taxes.

(c)  The ordinance shall describe the types ofspecial improvements that may be undertaken and financed.  In addition, theordinance shall include, but not be limited to, procedures for:

(1)  Creating community facilities districts (andzones therein), including specific time spans for the existence of eachdistrict;

(2)  Apportioning special taxes on real propertieswithin a community facilities district;

(3)  Providing notice to and opportunity to be heardby owners of property proposed to be subject to the special tax (the affectedowners), subject to waiver by one hundred per cent of the affected owners,including termination of proceedings if the affected owners of more thanfifty-five per cent of the property, or if more than fifty-five per cent of theaffected owners of the property, in the community facilities district proposedto be subject to the special tax protest in writing at the hearing.  Theordinance shall also provide that if a lease requires the lessee to pay theproposed special tax, the ordinance shall state that the affected owner maywaive this requirement in writing and that the affected owner refrain fromimposing upon any successor lessee the obligation to pay the special tax.  Theordinance shall also provide that if the affected owner fails to waive therequirement that the lessee pay the proposed tax, then all the rights for notice,hearing, and protest contained in this paragraph shall inure to the benefit ofthe original lessee or any subsequent lessee;

(4)  Provide notice to buyers or lessees of theproperty who would be required to pay the special tax;

(5)  Fixing, levying, collecting, and enforcing thespecial taxes against the properties affected thereby (including penalties fordelinquent payment and sales for default);

(6)  Making changes in the community facilitiesdistrict, in the special taxes, or in the special improvements to be financedor provided;

(7)  The acquisition or construction of the specialimprovements;

(8)  The issuance of bonds to pay all or part of thecost of the special improvements (including costs of issuance, reserves,capitalized interest, credit enhancement, and any other related expenses);

(9)  Refunding bonds previously issued;

(10)  The establishment and handling of a separatespecial fund or funds to pay or secure such bonds or to pay for acquisition orconstruction of special improvements or any other related expenses; and

(11)  Other matters as the council shall determine tobe necessary or proper.

The amount of special taxes may include amountsdetermined by the council to be necessary or reasonable to cover administrationand collection of the assessments, administration of the bonds or of theprogram authorized by this section, replenishment of reserves, arbitragerebate, and a reasonable financing fee.

(d)  Each issue of bonds shall be authorized byordinance, separate from the foregoing procedural ordinance, and shall be insuch amounts, denominations, forms, executed in such manner, payable at suchplace or places, at such time or times, at such interest rate or rates (eitherfixed or variable), with such maturity date or dates and terms of redemption,security (including pledge of proceeds, special taxes and liens therefor),credit enhancement, administration, investment of proceeds and special taxreceipts, default, remedy, or other terms and conditions as the council deemsnecessary or convenient.  The bonds shall be sold in the manner and at theprice or prices determined by the council.

(e)  This section is a special improvementstatute which implements section 12 of Article VII of the State Constitutionand provides a complete, additional, and alternative method of doing the thingsauthorized herein; and the creation of districts, levying, assessments andcollection of special taxes, issuance of bonds and other matters covered bythis section, or by the procedural or bond ordinances authorized by thissection, need not comply with any other law applicable to these matters.  Bondsissued under this section, when the only security for such bonds is the specialtaxes or liens on the property in the district subject thereto, shall be excludedfrom any determination of the power of a county to issue general obligationbonds or funded debt for purposes of section 13 of Article VII of the StateConstitution.

(f)  Notwithstanding any other law, no actionor proceeding to question the validity of or enjoining any ordinance, action,or proceeding undertaken pursuant hereto (including the determination of theamount of any special tax levied with respect to any property or the levy orassessment thereof), or any bonds issued or to be issued pursuant thereto orunder this section, shall be maintained unless begun within thirty days of theadoption of the ordinance, determination, levy, assessment or other act, as thecase may be, and, in the case of bonds, within thirty days after adoption ofthe ordinance authorizing the issuance of those bonds.

(g)  Bonds issued pursuant to this section andthe interest thereon and other income therefrom shall be exempt from any andall taxation by the State or any county or other political subdivision thereof,except inheritance, transfer, and estate taxes.

(h)  Properties of entities of the state,federal, or county governments, except as provided in subsection (i), shall beexempt from the special tax.  No other properties or entities are exempt fromthe special tax unless the properties or entities are expressly exempted in theordinance of formation to establish a district adopted pursuant to this chapteror in an ordinance of consideration to levy a new special tax or special taxesor to alter the rate or method of apportionment of an existing special tax asprovided in this section.

(i)  If a public body owning property,including property held in trust for any beneficiary, which is exempt from aspecial tax pursuant to subsection (h), grants leasehold or other possessoryinterest in the property to a nonexempt person or entity, the special tax,notwithstanding subsection (h), shall be levied on the leasehold or possessoryinterest and shall be payable by the lessee. [L 1992, c 226, §2]