Bill > AB379

Introduced Session

Legislative Counsel's Digest: This bill authorizes, under certain circumstances, the governing body of a county or city to create a parks, trails and open space district. Sections 7-12 of this bill set forth the process for such a governing body tocreate such a district. Section 7 provides general authority for the creation of such a district. Section 8 provides that the creation of a district is initiated by: (1) a resolution adopted by the governing body; or (2) a petition to a governing body byan owner of property within the proposed boundaries of the district. Section 8.3 of this bill requires the governing body of a county or city to create a service plan for a proposed district before creating the district. Section 8.4 of this bill requires the governing body to hold a public hearing to consider the service plan of the proposed district. Section 8.5 of this bill authorizes the governing bodyto approve the service plan, disapprove the service plan or conditionally approve the service plan. Section 8.6 of this bill sets forth certain circumstances where a governing body must disapprove the service plan of a proposed district. Section 8.7 of this bill requires an ordinance creating a district to incorporate the approvedservice plan. Section 8.7 also requires material modifications to the service plan to be made by the governing body in the same manner as the original approval of the service plan. Section 9 provides that after the creation of a district is initiated and the service plan is approved, the relevant county or city clerk must mail written notice to allproperty owners within the proposed district. Section 10 authorizes any owner ofproperty within the proposed district to protest the creation of the district. Section 11 sets forth certain circumstances where the creation of a district is prohibited. Section 13 of this bill provides for the appointment of initial members of theboard of trustees of a district. Sections 16 and 17 of this bill set forth how members of the board of trustees will be elected after the initial appointment of members. Sections 19 and 20 of this bill prohibit members of the board of trustees of adistrict from being interested in the purchase or sale of property belonging to the district or entering into certain contracts. Sections 25-29 of this bill set forth the various powers of a board in relation to parks, trails and open space. Section 29.5 of this bill authorizes any local government within the boundaries of a district to contribute part of its revenue to support the facilities, improvements or projects of the district. Section 30 of this bill authorizes a board, under certain circumstances, to establish fees or special assessments for facilities, improvements or projects of the district. Section 30.5 of this bill sets forth the procedure in certain counties tofollow when a potential dwelling unit within the district is not being charged for the services provided by the district. Sections 34 and 35 of this bill authorize, under certain circumstances, a board to impose ad valorem taxes. Sections 30, 31 and 3438 of this bill set forth the process for imposing and collecting any such fees, special assessments or ad valorem taxes. Sections 40-42 of this bill set forth the procedure for changing the boundaries of a district. Sections 43-47 of this bill authorize a board, under certain circumstances, to issue bonds and borrow money. Sections 32 and 49-51 of this bill set forth the requirements for the dissolution,merger or consolidation of a district. WHEREAS, Parks, trails and open spaces are essential to the health, quality of life and economic prosperity of the residents of this State; and WHEREAS, Well-maintained parks, trails and open spacesstimulate economic growth and enhance the vitality of local and regional communities; and WHEREAS, Protecting water quality and wildlife habitat and ensuring safety in parks, trails and open spaces encourage participation in healthy outdoor activities; and WHEREAS, It is necessary to provide sustainable and reliable funding for the creation and maintenance of parks, trails and open spaces; now, therefore,

AI Summary

Amber Joiner (D)*, 

Approved by the Governor. Chapter 403. (on 06/05/2017)

Official Document