Amendments and Conditions
State law authorizes Marin LAFCO with broad discretion to apply amendments and/or conditions in approving change of organizations. This includes whether Marin LAFCO deems it appropriate to either expand/retract the boundary changes itself to help improve and effectuate more orderly government boundaries. This also includes applying approval conditions to support the underlying boundary changes so long as they do not directly regulate land use as prohibited under State law. Potential conditions include, but not limited to, the items outlined below.
· Payment for acquisition of existing property; levying or fixing and collecting special or extraordinary taxes, assessments or service charges for payment for acquired property.
· Disposition of responsibility for outstanding bonds or contractual obligations as well as the amount of responsibility.
· Formation of new improvement district(s) and annexations to or detachments from existing improvement district(s).
· Incurring of liability or bonded indebtedness on behalf of the territory annexed or the agency as a whole, and the issuance and sale of bonds.
· Acquisition, improvement, disposition, sale, transfer, or division of property – including easements.
· Fixing the use or right-of-use in any public improvement, facility, or property.
· Disposition of any office, department, or board within the affected agency and determination of the rights of employees affected by a proposal.
· Designation of a successor agency to any agency being extinguished.
· Method for selecting the members for an agency formed or reorganized.
· Fixing the effective date for any change.
· Continuation or provision of any service provided or authorized by the agency.
· Levying a benefit assessment or calling an election to decide a special tax.