[Adopted 12-18-1984 by Ord. No. 84-23 as Ch.
9, Art. III, of the 1984 Code; amended in its entirety 2-17-1987 by Ord. No. 87-01]
The City Commission shall have the power to
order the laying of sidewalks along the public streets or on any promenade
or public thoroughfare of the city and to prescribe the width thereof
and the materials to be used and, after thirty (30) days' notice to
the abutting property owners and upon the failure of such property
owners, within such time, to lay any such sidewalk so ordered, shall
have the power to cause such sidewalk to be laid and shall have the
power to assess the cost and expense of the same against such abutting
property, which assessment shall constitute a lien against such property
of equal dignity with tax certificates and enforceable in the manner
provided for the enforcement of the lien of tax certificates, provided
that such certificates shall be payable and the collection thereof
enforceable in not less than one (1) year from the issue of any such
certificates. Construction of new city and public streets, alleys,
promenades and sidewalks, shall be funded by assessment only where
these elements have not previously existed. Said assessment shall
be levied only against those property owners serviced by, abutting
and contiguous to the improvements.
A.
The City Commission shall have the power to establish
grades and drains on all public streets and thoroughfares of the city,
and shall have the power to pave, repave, curb, open, construct, lay
out, repair or otherwise improve any street, alley, park or other
public highway, or any part thereof, and to lay out, construct, alter,
repair or improve sewers, bulkheads, seawalls and all other necessary
public improvements within the city limits of the City of South Pasadena.
Bulkheads, seawalls, retaining walls and other necessary structures
in the construction, maintenance or protection of streets lying in
the vicinity of or along or near or abutting on the waterfront may
be constructed upon public or private property where such bulkheads,
seawalls, retaining walls and other necessary structures in connection
therewith are necessary to hold, protect or retain the streets or
public property of the City of South Pasadena.
B.
The City Commission shall have the power to assess
the cost of any of the improvements authorized in this Article against
the property especially benefited thereby, provided that the construction
of new city and public streets, alleys, parks, promenades and sidewalks
shall be funded by assessment only where the specific elements improvement
has not previously existed in an improved state. Said assessments
shall be levied only against those property owners served by, abutting
and contiguous to the improvements. All such assessments shall be
made substantially in the manner hereinafter provided.
(1)
Initial proceeding. The initial proceeding for a local
improvement which is to be especially assessed against benefited property
owners shall be the passage, at a regular meeting of the City Commission,
of a resolution ordering such local improvement to be made under this
section, stating the nature of the proposed improvement, designating
the location of the improvement, what part or portion of the expense
thereof is to be paid for by special assessment, the manner in which
said assessment shall be made, when said assessments are to be paid
and what part, if any, shall be apportioned to be paid from the general
improvement fund of the city, and said resolution shall also designate
the lands upon which the special assessment shall be levied.
(2)
Resolution. The resolution may give any short and
convenient designation to each improvement ordered thereby, and the
property against which assessments are to be made, for the cost of
such improvement, shall be designated as a district followed by a
letter or number, or anything to distinguish it from other districts,
after which it shall be sufficient to refer to such improvement and
property by such designation in all proceedings and assessments except
as hereinafter provided.
(3)
Plans and specifications. Immediately after the passage
of said resolution, the City Clerk shall prepare and file in his office
plans and specifications of each improvement ordered thereby and estimates
of the cost thereof. There shall be included in the estimates of the
cost of such improvements the cost thereof and all incidental expenses
to be assessed against property benefited thereby. Such plans, specifications
and estimates shall be open to the inspection of the public.
(4)
Publication and notice of resolution. The City Clerk,
upon the filing by him of such plans, specifications and estimates,
shall publish once in a daily or weekly newspaper of general circulation
published in the municipality or, if no newspaper is published in
the city, in a newspaper which has general circulation in the city,
a notice stating that at a meeting of the City Commission on a certain
day and hour, not earlier than five (5) days from the date of such
publication, the City Commission will hear the objections of all interested
persons to the confirmation of said resolution. Such notice shall
state in brief and general terms a description of the proposed improvement,
with the location thereof, and shall also state that plans, specifications
and estimates or cost thereof are on file in the office of the City
Clerk.
(5)
Confirmation. At the time named in said notice or
to which an adjournment may be taken, the City Commission shall receive
any objections of interested persons and may then and thereafter repeal
or confirm said resolution with such amendments, if any, as may be
desired by the City Commission and which do not change in any way
the location of the improvement or improvements.
(6)
Advertising for bids. Upon the confirmation of said
resolution ordering such improvements, or any of them, the City Commission
shall cause the City Clerk to advertise for bids for the doing of
the work ordered, which said advertisement shall be published in a
daily or weekly newspaper of general circulation published in the
municipality or, if no newspaper is published in the city, in a newspaper
which has general circulation in the town, once a week for two (2)
consecutive weeks prior to the date designated for the receipt of
such bids.
(7)
Awarding contract. Upon receipt of the bids, the City
Commission shall examine the same and shall award contract or contracts
for such improvements to the lowest and best bidder; provided, however,
that nothing herein contained shall prevent the City Commission from
rejecting any and all bids received and to readvertise in the manner
herein provided for the original call for bids.
(8)
Assessing cost. Upon completion of any of the improvements
so ordered, as heretofore provided, the City Commission shall at its
next regular meeting proceed to assess the cost of such improvement
or improvements against the property specially benefited thereby,
which assessment shall be accomplished by resolution duly passed and
adopted by a majority of the City Commission, and which resolution
shall set forth the nature of the improvement, the description of
the property to be assessed, the names of the owners of such property
and the amounts to be assessed against the respective properties therein
listed, it being specifically provided that, in making the assessment,
two-thirds (2/3) of the total cost thereof shall be assessed against
property especially benefited thereby, the remainder to be assumed
and paid for by the City of South Pasadena from the Public Improvement
Fund.
(9)
Notice of hearing on confirmation. Immediately following
the passage and adoption of the resolution making such assessment,
the City Commission shall publish once in a daily or weekly newspaper
of general circulation published in the municipality or, if no newspaper
is published in the city, in a newspaper which has general circulation
in the city, a notice stating that the City Commission on a certain
day and hour, not earlier than five (5) days from the date of such
publication, will meet and hear the objections of all interested persons
to the confirmation of said resolution. Said notice shall state in
brief and general terms the description of the improvements, the location
thereof, the owners, the property to be assessed and the amounts to
be assessed against each property so described.
(10)
Conducting of hearing on confirmation. At the time
stated in said notice or to which an adjournment may be taken, the
City Commission shall receive any objection of interested persons
and may then or thereafter repeal or confirm said resolution with
such amendments, if any, as may be desired by the Commission. Upon
confirmation of said resolution, whether in its original form or as
amended, said resolution shall be in full force and effect.
A.
The City Commission, as soon as said assessment is
made, shall issue certificates of indebtedness for the amount so assessed
against the abutting property, and separate certificates shall be
issued against each tract of land assessed, containing a description
of the land and the amount of the assessment, together with the general
nature of the improvement for which the assessment is made and the
date thereof, which assessment when made shall constitute and become
a lien against said property prior to all other liens, except taxes
and those for construction or repair to sidewalks and sewerage, with
which liens they shall have equal dignity upon the real estate so
assessed.
B.
Said certificates shall be made payable to bearer
in equal annual installments of not exceeding ten (10) installments,
to be determined by the City Commission, and shall bear interest to
be fixed by the City Commission at a rate not greater than six percent
(6%) per annum, payable annually from the date of issuance of such
certificates, and the payment of said certificates and annual interest
may be guaranteed by the City of South Pasadena; and in case of the
nonpayment of the annual interest or principal at maturity by the
property owner, the same shall be redeemed by the city at the option
of the holder of said certificates, but such redemption by the city
shall not discharge the lien of the assessments against the abutting
property. Said certificates shall be in such form as is prescribed
by the City Commission, and if the City Commission shall so elect,
the annual payments of interest and principal may be represented by
coupons in form prescribed by the Commission, said coupons to be attached
to such certificates; and the City Clerk or Collector shall keep a
record book in form to be prescribed by the Commission, in which shall
be entered a record of all certificates and coupons heretofore or
hereafter issued for public improvements of the character herein provided
for, and on which shall be noted all payments or cancellations of
such certificates or coupons.
C.
The certificates, when issued, shall be turned over
to the city depository which, when ordered to do so by resolution
of the Commission, may sell or dispose of the same in such manner
as may be provided for by said resolution in payment for said work
or improvements or for cash, as may be provided by said resolution;
provided, however, that the owner of the property abutting any sidewalk
or street, or any other improvement hereinbefore provided for, shall
have the option to pay the entire amount of said assessment in cash,
upon notice of his intention so to do, at any time before the actual
sale or other disposal by the City Commission of such certificates;
and whenever any such certificates or any coupons attached thereto
shall be presented to the City Clerk or Collector with request that
the same be done, the same shall be canceled of record by the Clerk
or Collector.
A.
After any assessments, as herein provided for, have
been made and certificates of indebtedness issued as herein provided
for, and before said certificates have been sold or disposed of, the
City Commission may order all or any part of the certificates so issued
to be left on deposit with the city depository, and may issue coupon
bonds bearing interest payable annually at a rate of not more than
six percent (6%) in such form and denominations as may be prescribed
by the City Commission to an amount not greater than the amount of
the principal of the certificates so left on deposit, and may guarantee
the payment of the principal and interest of said bonds; and said
bonds may be made to mature at a time not longer than one (1) year
after the maturity of the last installment on such certificates; and
said bonds shall be made payable at the office of the city depository,
and said certificates shall be held by the city depository as collateral
security for the payment of such bonds; and any moneys collected on
said certificates shall be held in a separate fund by said city depository
to meet the payment of said bonds and interest at maturity; and as
soon as funds have been realized from the collection of such certificates
and placed in a separate fund, as herein provided, to an amount sufficient
to redeem one (1) or more of the said bonds, and when so redeemed
shall become null and void and shall not be reissued; and all bonds
so issued shall be registered with the said depository and payment
thereof shall be considered as having been made upon setting aside
a deposit by the city depository, to the credit of the registered
holder thereof, of an amount sufficient to pay the principal and accumulated
interest on said bonds at the time of such deposit.
B.
Not less than thirty (30) days before the annual interest
paying period on said bonds, when so issued, the City Commission shall
ascertain how much money has been accumulated in said trust fund and
shall, by drawing lots or in such other manner as it may determine,
ascertain which bonds shall be retired with the fund so accumulated;
and upon the said bonds being so ascertained, the registered holder
thereof shall be notified that his said bonds will be paid at the
next interest paying period, and notice shall have been considered
given by depositing, by the city depository, of a letter advising
him of the facts, in any United States Post Office, addressed to the
post office address given by such registered holder at the time of
the registry by him of his said bonds; and at the said interest paying
period, as hereinbefore provided, the sum of money sufficient to retire
his said bond or bonds and accumulated interest shall be set aside
and deposited to his credit, as herein provided for, and the same
shall be taken and held in all things as a payment and cancellation
of such bond, whether the same be then surrendered or not. Bonds so
issued shall not be taken into consideration in computing or determining
the limit of bonded indebtedness to which the said city is authorized
to subject itself under this Article.
A.
In all cases mentioned in this Article where the City
of South Pasadena has acquired or may hereafter acquire liens for
improvements, such liens or any of them may be enforced in the following
manner by the city, or in the name of the city, by the holder thereof;
first by a bill in equity, second by a suit at law.
B.
The bill in equity or the declaration of law shall
state briefly and sufficiently the facts constituting the lien, the
amount thereof, and the description of the property on which said
lien has been acquired, and shall contain a prayer that the owner
shall be compelled to pay the amount of said lien or, in default thereof,
that said property shall be sold to satisfy the same. But the judgment
or decree obtained in said suit shall not be enforced against or be
a lien upon any other property than that against which the assessment
was made; that in the decree or judgment, as the case may be, for
the enforcement and collection of the amount for which said lien was
given, decree or judgment shall also be rendered for a reasonable
attorney's fee, together with the costs of the proceedings, which
attorney's fee and costs shall also become a lien upon said land and
shall be collected at the time and in the manner provided for the
collection of the amount for which the lien was originally given.
In the proceedings provided for in the preceding
section, the owner or owners of the land, if they can be ascertained,
shall be parties defendant. If the owner or owners cannot be ascertained
after diligent inquiry, the proceedings shall be against the property
on which the lien is claimed without mentioning any party defendant.
In such case, service shall be had by a notice of the institution
of said suit for the enforcement of such lien by an advertisement
in a newspaper published in the City of South Pasadena, and in case
there is no newspaper in the City of South Pasadena, then such notice
may be published in any newspaper having a general circulation in
the City of South Pasadena; and provided, further, that before such
service shall be had, the complainant or plaintiff, as the case may
be, his agent or attorney, shall make affidavit and file with the
bill in chancery or the declaration of law setting forth the fact
that the owner or owners of such property are unknown to him. In all
proceedings to enforce said liens or any of them, save in cases where
the owner or owners cannot be ascertained, service shall be made on
the parties defendant in the same manner as is provided by law for
service in other cases. In such proceedings, appeals and writs of
error may be taken to the proper appellate courts as in other cases.
Upon the affirmative vote of four-fifths (4/5)
of the membership of the City Commission, the City Commission is hereby
authorized, at any time, to borrow money to the extent of one-half
(1/2) of the amount of the taxes levied in any one (1) year, and to
issue, as evidence of indebtedness for the money borrowed, revenue
bonds which shall be signed by the Mayor of the city and attested
by the City Clerk under the Seal of the city, and shall not be of
less denomination than $100 each. Said bonds shall be issued separately
against any or all of the funds for which taxes are assessed, and
when issued against any fund, the amount realized from the loan of
the said bonds shall be carried and credited to the fund against which
said bonds were issued. Said bonds shall be issued in serial numbers
beginning with the number one as against each separate fund, and the
holder of such bonds shall have a first lien upon the uncollected
taxes to the extent of the amount borrowed and as against each fund
for which said bonds were issued; and as the taxes are collected,
the bonds shall be paid in the order in which they were issued out
of the funds against which said bonds were negotiated. No revenue
bonds shall be issued for a longer time than 12 months, and shall
bear such interest, not to exceed 6%, as the City Commission may fix.
A.
The City Commission of the City of South Pasadena
shall have the power to construct, repair, maintain and upgrade the
public streets, bridges, alleys, parks, promenades, bulkheads, groins,
seawalls, sidewalks and all public highways and thoroughfares in said
city and to construct new improvements as to bulkheads, seawalls and
groins adjacent to city owned property; and the cost of improving
the said streets, bridges, alleys, parks, promenades, bulkheads, groins,
seawalls, sidewalks or other public highways and thoroughfares of
said city may be paid entirely by the city out of current funds or
subject to the terms and conditions from proceeds derived from the
sale of bonds issued for that purpose. Funds used for the repair,
maintenance and upgrading of all existing improved city streets, bridges,
alleys, parks, promenades, seawalls, bulkheads, groins and other public
highways and thoroughfares and for the initial construction of bulkheads,
seawalls and groins adjacent to city-owned property shall be taken
exclusively from the Capital Improvement and Replacement Fund, funds
available from the federal government and state government, if any,
impact fees and any source approved by the City Commission other than
the sale of bonds and special assessments.
B.
Funds derived from the sale of bonds shall only be
applied to repair and/or rehabilitation of existing public streets,
alleys, bridges, curbs, gutters, sidewalks, drains, sewers, sewer
pumps and lift stations which have been undermined, damaged or destroyed
due to storm, flood, acts of nature, acts of warfare, sabotage, riot
or other public commotion and where the City Commission determines
that:
(1)
The use of general funds and/or other duly authorized
allocable funds would undermine the fiscal integrity of the city.
(2)
No other alternative and/or practical method of funding
is available.
(3)
Every county and state available funding grant for
such purposes has been officially applied for and received by the
city or approved or denied by the issuing agency.
C.
Such improvements and the payment of the cost thereof
out of funds derived from the sale of bonds shall be authorized by
referendum election if said bond sale will directly result in an increase
in property tax millage rate for property owners of the city. Only
those electors who are freeholders, as herein provided, shall be qualified
to vote at said elections.
