[§46-80.1]  Community facilities
district.  (a)  Any county having a charter may enact an ordinance, and
may amend the same from time to time, providing for the creation of community
facilities districts to finance special improvements in the county.  The
special improvements may be provided and financed under the ordinance.  The
county shall have the power to levy and assess a special tax on property
located in a district to finance the special improvements and to pay the debt
service on any bonds issued to finance the special improvements.  The county
may issue and sell bonds to provide funds for the special improvements.  Bonds
issued to provide funds for the special improvements may be either:  bonds
secured only by the properties included in the district and/or the special
taxes thereon, or bonds payable from general taxes and/or secured by the
general taxing power of the county.  If the bonds are secured only by the
properties included in the district and/or the special taxes thereon, the bonds
shall be issued according and subject to the provisions of the ordinance.  If
the bonds are payable from general taxes or secured by the general taxing
power, the bonds shall be issued according and subject to chapter 47.



(b)  There is no requirement that the special
tax imposed by ordinance pursuant to this section be fixed in an amount or
apportioned on the basis of special benefit to be conveyed on property by the
special improvement, or that the special improvement convey a special benefit
on any property in the district.  It shall be sufficient that the governing
body of the county determines that the property to be subject to the special
tax is improved or benefited by the special improvement in a general manner or
in any other manner.  The special improvement may also benefit property outside
the district.  The special taxes assessed pursuant to this section shall be a
lien upon the property assessed.  The lien shall have priority over all other
liens except the lien of general real property taxes and the lien of
assessments levied under section 46-80.  The lien of special taxes
assessed pursuant to this section shall be on a parity with the lien of general
real 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 of
assessments levied under section 46-80 shall be subordinate to the lien
of general real property taxes.



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



(1)  Creating community facilities districts (and
zones therein), including specific time spans for the existence of each
district;



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



(3)  Providing notice to and opportunity to be heard
by owners of property proposed to be subject to the special tax (the affected
owners), subject to waiver by one hundred per cent of the affected owners,
including termination of proceedings if the affected owners of more than
fifty-five per cent of the property, or if more than fifty-five per cent of the
affected owners of the property, in the community facilities district proposed
to be subject to the special tax protest in writing at the hearing.  The
ordinance shall also provide that if a lease requires the lessee to pay the
proposed special tax, the ordinance shall state that the affected owner may
waive this requirement in writing and that the affected owner refrain from
imposing upon any successor lessee the obligation to pay the special tax.  The
ordinance shall also provide that if the affected owner fails to waive the
requirement 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 of
the original lessee or any subsequent lessee;



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



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



(6)  Making changes in the community facilities
district, in the special taxes, or in the special improvements to be financed
or provided;



(7)  The acquisition or construction of the special
improvements;



(8)  The issuance of bonds to pay all or part of the
cost 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 separate
special fund or funds to pay or secure such bonds or to pay for acquisition or
construction of special improvements or any other related expenses; and



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



The amount of special taxes may include amounts
determined by the council to be necessary or reasonable to cover administration
and collection of the assessments, administration of the bonds or of the
program authorized by this section, replenishment of reserves, arbitrage
rebate, and a reasonable financing fee.



(d)  Each issue of bonds shall be authorized by
ordinance, separate from the foregoing procedural ordinance, and shall be in
such amounts, denominations, forms, executed in such manner, payable at such
place or places, at such time or times, at such interest rate or rates (either
fixed 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 tax
receipts, default, remedy, or other terms and conditions as the council deems
necessary or convenient.  The bonds shall be sold in the manner and at the
price or prices determined by the council.



(e)  This section is a special improvement
statute which implements section 12 of Article VII of the State Constitution
and provides a complete, additional, and alternative method of doing the things
authorized herein; and the creation of districts, levying, assessments and
collection of special taxes, issuance of bonds and other matters covered by
this section, or by the procedural or bond ordinances authorized by this
section, need not comply with any other law applicable to these matters.  Bonds
issued under this section, when the only security for such bonds is the special
taxes or liens on the property in the district subject thereto, shall be excluded
from any determination of the power of a county to issue general obligation
bonds or funded debt for purposes of section 13 of Article VII of the State
Constitution.



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



(g)  Bonds issued pursuant to this section and
the interest thereon and other income therefrom shall be exempt from any and
all 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 be
exempt from the special tax.  No other properties or entities are exempt from
the special tax unless the properties or entities are expressly exempted in the
ordinance of formation to establish a district adopted pursuant to this chapter
or in an ordinance of consideration to levy a new special tax or special taxes
or to alter the rate or method of apportionment of an existing special tax as
provided in this section.



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