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<article heading="Article III. Financing A Development District.">
  <section heading="Sec. 14-10. Special Taxes and Assessments.">
    <paragraph indent="1">(a)    A resolution adopted under Section 14-9 must also authorize the imposition of a special assessment, special tax, fee, or charge, or any combination of them, in the development district at a rate designed to provide adequate revenues to:</paragraph>
    <paragraph indent="2">(1)   pay the principal of, interest on, and redemption premium, if any, on the bonds;</paragraph>
    <paragraph indent="2">(2)   replenish any debt service reserve fund;</paragraph>
    <paragraph indent="2">(3)   pay the cost of any approved infrastructure improvement, or reimburse the County for the cost of any approved infrastructure improvement paid from other County funds;</paragraph>
    <paragraph indent="2">(4)   pay directly the cost of any approved infrastructure improvement built or funded other than by the County; and</paragraph>
    <paragraph indent="2">(5)   pay the administrative expenses of the development district.</paragraph>
    <paragraph indent="2">The resolution may reserve the Council's authority to adjust any rate schedule.</paragraph>
    <paragraph indent="1">(b)    The resolution must provide, except when clearly inconsistent with state law, that:</paragraph>
    <paragraph indent="2">(1)   any property which is fully developed before the development district is created is exempt from any special assessment, special tax, fee, or charge imposed under this Chapter; and</paragraph>
    <paragraph indent="2">(2)   the owner of any property exempt from payment under paragraph (1) which is later developed more intensively and benefits from any development capacity attributable to infrastructure improvements financed by the district must pay any tax, fee, or charge that it would have otherwise paid under this Chapter.</paragraph>
    <paragraph indent="2">Under paragraph (1), “fully developed” property does not include any property developed after the Council adopted a resolution under Section 14-6 by any property owner who signed a petition under subsection 14-6(a) or that owner’s successor in interest, and any such property is not exempt from any special assessment, special tax, fee, or charge imposed under this Chapter.</paragraph>
    <paragraph indent="1">(c)    A special assessment or special tax must:</paragraph>
    <paragraph indent="2">(1)   be levied and collected in the same manner, for the same period or periods, and with the same date or dates of finality as otherwise provided by law; and</paragraph>
    <paragraph indent="2">(2)   end when all bonds issued for the district have been paid in full and the County has been fully paid for each infrastructure improvement built or funded by the County.</paragraph>
    <paragraph indent="1">(d)    The special assessments, special taxes, fees, or charges authorized under subsection (a) must be payable as otherwise provided by law or (if state and County law are silent) as provided in the resolution adopted under Section 14-9.  Any special assessment, special tax, fee, or charge must not be levied until each infrastructure improvement to be financed or refinanced has been approved in the County capital improvements program.</paragraph>
    <paragraph indent="1">(e)   The resolution may establish procedures for the prepayment of any special tax, special assessment, fee, or charge levied in the district.  The resolution also must, subject to modification by a resolution adopted under Section 14-13:</paragraph>
    <paragraph indent="2">(1)   specify (to the extent not already controlled by state or County law) the basis of and any exemptions from any special assessment, special tax, fee, or charge;</paragraph>
    <paragraph indent="2">(2)   set a maximum special assessment, special tax, fee, or charge applicable to each individual property in the district; and</paragraph>
    <paragraph indent="2">(3)   prohibit any increase in, or extension of the term of, the maximum special assessment, special tax, fee, or charge applicable to any individual property because of any delinquency or default by any other taxpayer.</paragraph>
    <paragraph indent="1">(f)</paragraph>
    <paragraph indent="2">(1)</paragraph>
    <paragraph indent="3">(a)   A taxpayer who did not sign a petition under Section 14-6(a), and that taxpayer's successor in interest, may defer any special ad valorem tax on real property imposed to support that debt until the Planning Board approves a plan of subdivision or resubdivision for that taxpayer's property, or, if no subdivision plan is necessary, until the first building permit is issued for any building on the affected property.</paragraph>
    <paragraph indent="2">(2)   The Director of Finance and the taxpayer may agree on a payment schedule.</paragraph>
    <paragraph indent="2">(3)   The taxpayer must pay interest on any deferred tax at the rate set by law for unpaid real property taxes during each year that taxes are deferred.</paragraph>
    <paragraph indent="1">(g)   The County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by a development district.</paragraph>
    <paragraph indent="0">(a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:</paragraph>
    <paragraph indent="1">(1) been paid for by any other government agency, or;</paragraph>
    <paragraph indent="1">(2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and</paragraph>
    <paragraph indent="0">(b) the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.</paragraph>
    <paragraph indent="0">(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.</paragraph>
    <paragraph indent="0">(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.</paragraph>
    <paragraph indent="0">(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.</paragraph>
    <paragraph indent="0">(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.</paragraph>
  </section>
  <section heading="Sec. 14-11. Special Fund.">
    <paragraph indent="1">(a)    The resolution creating a special fund under Section 14-9 must:</paragraph>
    <paragraph indent="2">(1)   pledge to the special fund the proceeds of any special assessment, special tax, fee, or charge levied under Section 14-10; and</paragraph>
    <paragraph indent="2">(2)   require that proceeds from any special tax, special assessment, fee, or charge be paid into the special fund.</paragraph>
    <paragraph indent="1">(b)    When any bonds authorized by this Chapter with respect to a development district are outstanding, the County has not been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, or the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes have not been paid, funds in the special fund must be used in any fiscal year to pay the principal of, interest on, and redemption premium, if any, on the bonds, to pay or reimburse the County for infrastructure improvements, to pay administrative expenses, and to replenish any debt service reserve fund established with respect to the bonds.</paragraph>
    <paragraph indent="1">(c)    After the bonds authorized by this Chapter with respect to a development district are fully paid, the County has been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, and the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes has been paid, further special assessments, special taxes, fees, or charges must not be levied and the district terminates by operation of law.  If the Council so determines, any balance in the special fund must be paid to the general fund of the County.</paragraph>
    <paragraph indent="0">(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.</paragraph>
    <paragraph indent="0">(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.</paragraph>
    <paragraph indent="0">(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.</paragraph>
    <paragraph indent="0">(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.</paragraph>
  </section>
</article>