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The Council may from time to time transfer monies to a Community Taxing District or a portion or zone within a District if created in the ordinance of formation for the benefit of the district or zone, from any funds available to the City. The Council also may appropriate any of the City’s available moneys to a revolving fund to be used for the acquisition of real or personal property, engineering or other services, or the construction of structures or improvements needed in whole or in part to provide one or more of the facilities or services of a Community Taxing District. The District may reimburse the City for any amount transferred or appropriated pursuant to this Section 6.705, together with interest at the rate per annum, as determined by the Council.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
A. At any time either before or after the formation of a Community Taxing District, the Council may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and may provide for the use of those funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating a Community Taxing District. The Council may enter into an agreement with the person or entity advancing the funds or work in-kind to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost whichever is less, of the work in-kind, as determined by the Council, with or without interest, under all of the following conditions:
1. The proposal to repay the funds or the value or cost of the work in-kind, whichever is less, is included in the resolution of intention or the ordinance of formation to establish the District, or in the resolution of consideration to alter the types of facilities and services provided within an established District;
2. Any proposed special tax or change in special tax is approved by the qualified electors of the District pursuant to this Chapter. Any agreement may specify that if the qualified electors of the District do not approve the proposed special tax or change in a special tax, the local agency shall return any funds that have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds;
3. Any work in-kind accepted pursuant to this section shall have been found to be performed or constructed in compliance with applicable City building codes and standards.
B. No agreement shall pursuant to this Section constitute a debt or liability of the City.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
This Chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer, in any procedure taken under this Chapter which does not directly affect the jurisdiction of the Council to order the installation, purchase, construction, expansion, improvement or rehabilitation of the facility or the provision of service, or the levy of the special taxes, shall void or invalidate the proceeding or any levy for the costs of a facility or service.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
The failure of any person to receive a notice, resolution, order or other matter shall not affect in any way whatsoever the validity of any proceedings taken under this Chapter, or prevent the legislative body from proceeding with any hearing so noticed.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
If property not otherwise exempt from a special tax levied pursuant to this Chapter is acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall, notwithstanding Section 6.748, continue to be levied on the property acquired and shall be enforceable against the public entity that acquired the property.
Any public agency other than a city, county or school district may subject property owned by it to the levy of special taxes, if it certifies to the Council: (a) its agreement to do so, (b) that it intends to dispose of the property by transfer to a nongovernmental agency at some time in the future, and (c) that it agrees to cooperate in the sale of the property if necessary to obtain funds to pay any special taxes levied upon the property.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
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