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75B - PH TO ADOPT SCIP
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10/20/2020
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75B - PH TO ADOPT SCIP
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Last modified
10/14/2020 3:15:53 PM
Creation date
10/14/2020 3:02:03 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75B
Date
10/20/2020
Destruction Year
2025
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acquisition by the City or another public agency (the "Improvements") and <br />improvements eligible for funding from certain development impact fees (the <br />"Fees") levied in accordance with the Mitigation Fee Act (California <br />Government Code Sections 66000 and following) and other authority <br />providing for the levy of fees on new development to pay for public capital <br />improvements (collectively, the "Fee Act") through the levy of special <br />assessments pursuant to the Municipal Improvement Act of 1913 (Streets <br />and Highways Code Sections 10000 and following) (the 1913 Act") and the <br />issuance of improvement bonds (the "Local Obligations") under the <br />Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 <br />and following) (the "1915 Act") upon the security of the unpaid special <br />assessments; and <br />D. The "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part <br />1, Division 2, Title 5 (beginning with Section 53311) of the Government <br />Code of the State (the "Mello -Roos Act") is an applicable provision of State <br />law available to, among other things, finance public improvements <br />necessary to meet increased demands placed upon local agencies as a <br />result of development; and <br />E. The Authority also uses SCIP to allow the financing of Fees and <br />Improvements through the levy of special taxes and the issuance of Local <br />Obligations under the Mello -Roos Act upon the security of the special taxes; <br />and <br />F. The City desires to allow the owners of property being developed within its <br />jurisdiction ('Participating Developers") to participate in SCIP and to allow <br />the Authority to conduct proceedings and to form community facilities <br />districts ("CFDs") and to issue Local Obligations under the Mello -Roos Act, <br />as well as to conduct assessment proceedings to form assessment districts <br />("Assessment Districts") under the 1913 Act and to issue Local Obligations <br />under the 1915 Act, to finance Fees levied on such properties and <br />Improvements, provided that such Participating Developers voluntarily agree <br />to participate and consent to the levy of such assessment or special taxes, <br />as applicable; and <br />G. From time to time when eligible property owners within the jurisdiction of the <br />City elect to be Participating Developers, the Authority will conduct <br />proceedings under the 1913 Act and the Mello -Roos Act and issue Local <br />Obligations under the 1915 Act and the Mello -Roos Act to finance Fees <br />payable by such property owners and Improvements and, at the conclusion <br />of such proceedings, will levy assessments or special taxes, as applicable, <br />on such property within the territory of the City; and <br />Resolution No. 2020-XXX <br />Page 2 of 10 <br />75B-6 <br />
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