a.Except as otherwise provided herein, the Act and those sections of the California Streets and Highways Code referred to in the Act are incorporated in and made a part of this Article.

b.Except as otherwise provided by this Article, the mode and manner for making improvements, for levying and collecting special taxes and for issuing bonds shall be as prescribed in the Act. In any conflict between the provisions of the Act or the referenced portions of the California Streets and Highways Code and this Article, the provisions of this Article shall prevail.

c.The provisions of Sections 53312.7, 53312.8, 53313.6, 53313.7, 53313.9, 53325.6 (and the reference to 53325.6 contained in Section 53331), 53329 and 53329.5 of the Act are not incorporated into this Article and shall have no application to proceedings conducted pursuant to this Article.

d.The provisions of Section 53313.51 of the Act notwithstanding, whenever the City is a party to construction contracts, the City may use normal public works contracting procedures even if they do not involve or require the identification of “discrete portions or phases” of the facilities to be constructed.

e.For purposes of this Article, Section 53314.3 of the Act is amended to read as follows (deletions from Section 53314.3 of the Act shown in strike-through text):

In the first fiscal year in which a special tax or charge is levied for any facility or for any services in a community facilities district or a zone within a community facilities district, the legislative body shall include in the levy a sum sufficient to repay to the legislative body the amounts transferred to that district or zone pursuant to Section 53314. The amounts borrowed, with interest, shall be retransferred to the proper fund or funds from the first available receipts from the special levy in that district or zone.

Notwithstanding the above provisions, the legislative body may, by a resolution adopted no later than the time of the first levy, extend the repayment of the transferred funds over a period of time not to exceed three consecutive years, in which event the levy and each subsequent levy shall include a sum sufficient to repay the amount specified by the legislative body for the year of the levy.

f.For purposes of this Article, Section 53314.5 of the Act is amended to read as follows (deletions from Section 53314.5 of the Act shown in strike-through text):

Pursuant to a resolution adopted by the legislative body, the legislative body may appropriate any of its available moneys to a revolving fund to be used for the acquisition of real or personal property, engineering services, or the construction of structures or improvements needed in whole or in part to provide one or more of the facilities of a community facilities district. The revolving fund shall be reimbursed from tax revenues or other moneys available from the facilities district, and no sums shall be disbursed from the fund until the legislative body has, by resolution, established the method by, and term not exceeding five years within, which the community facilities district is to reimburse the fund. The district shall reimburse the fund for any amount disbursed to the area within five years after such disbursement, together with interest at the current rate per annum received on similar types of investments by the legislative body as determined by the local agency’s treasurer.

g.For purposes of this Article, Section 53314.6 of the Act is amended to read as follows (deletions from Section 53314.6 of the Act shown in strike-through text):

(a) In connection with the financing of services and facilities pursuant to subdivision (f) of Section 53313 and subdivision (k) of Section 53313.5, the legislative body may establish a revolving fund to be kept in the treasury of the district. Except as provided in subdivision (b), moneys in the revolving fund shall be expended solely for the payment of costs with respect to those services and facilities. The revolving fund may be funded from time to time with moneys derived from any of the following:

(1) Proceeds of the sale of bonds issued pursuant to Article 5 (commencing with Section 53345), notwithstanding any limitation contained in Section 53345.3.

(2) Any taxes or charges authorized under this chapter.

(3) Any other lawful source.

(b) Subject to the provisions of any resolution, trust agreement or indenture providing for the issuance of district bonds for the purposes set forth in subdivision (k) of Section 53313.5, the legislative body may withdraw money from the revolving fund whenever and to the extent that it finds that the amount of money therein exceeds the amount necessary to accomplish the purposes for which the revolving fund was established. Any moneys withdrawn from the revolving fund shall be used to redeem bonds of the district issued for the purposes set forth in subdivision (k) of Section 53313.5 or shall be paid to taxpayers in the district in amounts that the legislative body determines.

h.For purposes of this Article, Section 53314.9 of the Act is amended to read as follows (deletions from Section 53314.9 of the Act shown in strike-through text):

(a) Notwithstanding Section 53313.5, at any time either before or after the formation of the district, the legislative body 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, by resolution, 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 local agency in creating a district. The legislative body may enter into an agreement, by resolution, 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 legislative body, 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 both in the resolution of intention to establish a district adopted pursuant to Section 53321 and in the resolution of formation to establish the district adopted pursuant to Section 53325.1, or in the resolution of consideration to alter the types of public facilities and services provided within an established district adopted pursuant to Section 53334.

(2) Any proposed special tax or change in a special tax is approved by the qualified electors of the district pursuant to this chapter. Any agreement shall 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 which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds.

(3) (1) Any work in-kind accepted pursuant to this section shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the local agency.

(b) The agreement shall not constitute a debt or liability of the local agency.

i.For purposes of this Article, property not currently in visitor accommodation facility use, or not designated in a City land use plan for visitor accommodation facility use, or not the subject of a pending application filed with the City for visitor accommodation facility use, shall be deemed “exempt from the special tax” for purposes of Sections 53324, 53332, and all other similar provisions of the Act and for purposes of Section 3114.5 and all other similar provisions of the California Streets and Highways Code.

j.For purposes of this Article, the provisions of Section 53359.5(b)(13) of the Act shall apply only to special taxes levied on the property tax rolls pursuant to Section 18-78 of the Monterey City Code. For all other special taxes, instead of the information required by Section 53359.5(b)(13), the City shall include in the report the same information with respect to the special taxes that it normally collects and reports regarding the City’s transient occupancy taxes. (Ord. 3479 § 2, 2013)