[Ord. No. 1003, § 1.]
Whenever the council determines that the costs and expenses
of maintaining and operating any or all public improvements of a local
nature have not been adequately financed and provided for, proceedings
therefor may be undertaken pursuant to this chapter.
[Ord. No. 1003, § 1.]
The council may, in its resolution declaring its intention to
order work done or improvements made or by separate resolution, declare
its intention to order that the costs and expenses of maintaining
and operating any or all public improvements of a local nature, including
the cost of necessary repairs, replacements, fuel, power, electrical
current, care, supervision, and any and all other items necessary
for the proper maintenance and operation thereof, shall be assessed,
either partly or wholly, upon such district as the council shall determine
will be benefited by the maintenance and operation of the public improvements
proposed to be maintained; the amounts so assessed to be collected
in the same manner and by the same officers as taxes for city purposes
are collected.
[Ord. No. 1003, § 1.]
When the council has declared its intention pursuant to section 30-31, the applicable provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting Sections 5850 to 5853, inclusive, shall apply.
[Ord. No. 1003, § 1.]
The purpose of this section is to provide an alternative procedure
by which the council may provide for the payment of the whole or any
part of the costs and expenses of maintaining and operating any public
improvements which are local in nature, payable from annual benefit
assessments apportioned among the several lots or parcels of property
within the maintenance district established therefor, the nature and
formula for which is to be determined in the proceedings in which
jurisdiction is provided for the use of such alternative procedure.
[Ord. No. 1003, § 1.]
The resolution of intention to order work done or improvements
made or said separate resolution shall contain a statement of the
formula upon and by which annual assessment levies for the payment
of said costs and expenses will be apportioned according to benefits
among the lots or parcels of property within the maintenance district
and the zones of benefit, if any, to be established therefor. Said
formula may prescribe a maximum rate or amount of annual benefit assessment
to be levied for such purposes.
[Ord. No. 1003, § 1.]
In connection with the hearing provided for in the establishment of the maintenance district, and the zones of benefit, if any, or the annexation of territory to an existing maintenance district, or to the initial modification in said formula as hereinafter provided, owners may file written protests and make oral objections to said formula in the same manner, at the same time and with like legal effect as provided for other protests and oral objections in Chapter 26 of Part 3 of Division 7 of said Streets and Highways Code.
[Ord. No. 1003, § 1.]
At said hearing, the council, of its own volition or in response
to any protest made, heard or considered, may make modifications in
the formula for the purpose of making the same more fair and equitable;
provided, however, that before making a final determination in said
matter of modification it shall set said matter for hearing at a subsequent
meeting of the council, which it shall call or to which it may adjourn;
provided further, that it shall give notice of the time, place and
purpose of said meeting, by one publication in the newspaper in which
the original resolution of intention or notice of improvement or notice
of hearing on the formation of the maintenance district or notice
of hearing on the proposed annexation was published, at least ten
days prior to said hearing. If the formula modification consists solely
of a decrease in such maximum rate or amount of annual benefit assessment,
the council may order such decrease by resolution and no hearing need
be held thereon.
[Ord. No. 1003, § 1.]
If the council finds that protests are made by the owners of
more than one-half of the area of the property in said maintenance
district subject to benefit assessment to pay said costs of maintenance
and operation, no further proceedings shall be taken for a period
of six months from the date of the decision of the council on the
hearing, unless the protests are overruled by an affirmative vote
of four-fifths of the members of the council.
[Ord. No. 1003, § 1.]
At the initial hearing or at subsequent hearing on the modification
of said formula as provided in this chapter or at any meeting of the
council subsequent to the full hearing of said matter, with or without
said matter having been submitted, the council, by resolution, shall
finally adopt a formula for apportionment of benefits in said annual
assessment levies, which shall be that stated in the resolution of
the intention, or said separate resolution, or as modified, and its
decision and determination shall be final and conclusive against all
persons entitled to appeal to it as to all errors, informalities or
irregularities which the council might have avoided or have remedied.
[Ord. No. 1003, § 1.]
If, at any time following the final establishment of the formula
for said annual assessment levies, the council shall, by resolution,
determine that, by reason of changed conditions or because of defects
or insufficiencies therein disclosed by its application, the established
formula, in any particular, inequitable or unfair, or may be made
more equitable, the council may, by resolution, so declare, stating
the reasons therefor, and fix a time and place of hearing thereon.
[Ord. No. 1003, § 1.]
The city clerk shall cause a copy of the resolution adopted by the council as provided in section 30-39 to be published once in the newspaper in which the resolution of intention, improvement or notice of hearing on the formation of the district or notice of hearing on the proposed annexation in said proceedings was published, to be mailed, postage prepaid, to all owners of property in said district subject to benefit assessment to pay said costs of maintenance and operation, and to be posted on or near the council chamber door or any bulletin board in or adjacent to the city hall. Said publication, mailing and posting shall be completed not less than ten days prior to such hearing.
[Ord. No. 1003, § 1.]
The city administrator shall annually cause to be prepared a
budget for the costs and expenses of maintaining and operating any
or all of said improvements of a local nature during the ensuing fiscal
year which shall include the following:
(a)
The gross amount required for the costs and expenses of maintaining
and operating said improvements;
(b)
The surplus balance available at the end of the fiscal year for such
purpose;
(c)
The amount, if any, to be contributed by the city to pay any part
of said costs and expenses;
(d)
The amount, if any, to be repaid to the city for funds advanced by
the city to pay deficits which occurred in prior years;
(e)
The amount to be held in trust or contingency per area of benefit;
and
(f)
The balance of the amount necessary to pay said costs and expenses.
[Ord. No. 1003, § 1.]
In each fiscal year in which a balance is provided in the budget to be raised to pay said costs and expenses pursuant to subsection (f) of section 30-42, the city administrator shall cause to be prepared a report, in writing, for each maintenance district, which shall set forth the budget, the formula for the annual assessment levy and by properly headed columns, show the following data as to each lot or parcel of property within the district:
(a)
A description of each lot by a legal description, assessor's
parcel number or other description sufficient to identify the same;
(b)
The amount of assessment to be levied against each property in accordance
with the formula; and
(c)
Such other information as will be necessary or useful in applying
the formula adopted by the council.
[Ord. No. 1003, § 1.]
[Ord. No. 1003, § 1.]
When report has been completed by said city administrator, it
shall be signed by him/her and filed with the city clerk on or before
June 1st each year. Upon receipt of the report, the city clerk shall
present it to the city council for its consideration.
[Ord. No. 1003, § 1.]
The report shall be reviewed by the city council and said council
may approve the report, as filed, or it may modify the report in any
particular manner and approve it as modified.
[Ord. No. 1003, § 1.]
Upon approval of the report by the council pursuant to section 30-46, the council shall, by resolution, appoint a time and place of hearing thereon.
(a)
The city clerk shall cause notice of the hearing on the report to
be given by mailing, postage prepaid, to all owners of property subject
to said assessment to pay said costs of maintenance and operation;
to be published once in a newspaper of general circulation; to be
posted on or near any door, bulletin board in or adjacent to the city
hall. Said mailing, publication and posting shall be completed not
less than ten days prior to such hearing.
(b)
The form of notice to be published and posted shall be substantially
as follows:
PUBLIC NOTICE OF HEARING ON MAINTENANCE DISTRICT
NOTICE IS HEREBY GIVEN that the City Administrator has caused
to be prepared and filed with the City Clerk, a report, in writing,
which provides the basis for the levy of benefit assessments for the
costs of maintenance and operation on all parcels of property within
said maintenance district. Said report sets forth the amounts to be
provided in the budget for maintenance and operation, a description
of each lot or property in the district, by a legal description, assessor's
parcel number or other description sufficient to identify the same,
and the amount of assessment to be levied for the fiscal year 19_____
-19_____ against each lot. Said report is open to public inspection.
Said report will be heard by the City at its meeting to be held
on the _______day of ______________,19__________, at the hour________
of o'clock____________ m. in the regular meeting place of said
Council Chambers, City Hall Oakdale, California, at which time said
Council will examine said report and hear all persons interested therein.
Any interested owner, objecting to the amount of the assessment
on any lot or parcel of property owned by him, may file with the City
Clerk at or before the hour fixed for hearing a protest, in writing,
signed by him, describing the lot or property so that it may be identified,
and stating the grounds of his protest, and may appear at said hearing
and be heard in regard thereto.
(c)
The form of mailed notice shall be substantially as hereinabove set
forth, and shall also contain the amount of the proposed assessment
against said lot or property as set forth in the report.
(d)
If the council adopts the report, the requirement for mailed notice
shall not thereafter apply to hearings on reports prepared in subsequent
years for the annual benefit assessment and notice by posting and
publication as provided in this section shall be adequate except that
the city clerk shall give notice thereof to owners owning lots or
parcels in the following categories:
(1)
Where there is an increase in the amount of the annual benefit
assessment by reason of a change of benefit zone or a change in the
formula upon and by which annual assessment levies for the payment
of the costs and expenses of said maintenance and operation will be
apportioned according to benefits among the several lots or parcels
of property within the district and the zones, if any;
(2)
Where there has been a division of any lot or parcel of land
assessed during the previous year, and, as a result thereof, the divided
lots or parcels are owned by different persons;
(3)
Where there has been an annexation of said lots of parcels to
an existing district.
[Ord. No. 1003, § 1.]
[Ord. No. 1003, § 1.]
The city council shall hold the hearing at the time and place
specified in the resolution and in any order continuing the hearing.
During the course of, or upon the conclusion of the hearing, council
may order changes in any of the matters provided in the report. Upon
the conclusion of said hearing, the council may adopt a resolution
confirming the report, either as submitted or as changed by it.
All decisions and determinations of the council, on notice and
hearing as aforesaid, shall be final and conclusive upon all persons
entitled to appeal to it, as to all errors, informalities and irregularities
which the council might have avoided, or have remedied during the
hearing on the report.
[Ord. No. 1003, § 1.]
The report, together with the certificate of the city clerk as to the fact and date of approval and adoption thereof by the council as provided in section 30-49 shall forthwith be delivered to the finance officer, who shall thereafter deliver said report, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected.
[Ord. No. 1003, § 1.]
The officer designated by law to extend ad valorem property
taxes upon the tax roll on which they are collected shall post to
said tax roll the total amount of the benefit assessment levied and
to be collected for said year on each lot or parcel of property within
the district as set forth. The amount so posted shall appear as a
separate item on the tax bill.
[Ord. No. 1003, § 1.]
The special assessments shall be collected upon the last equalized
secured and utility tax rolls upon which said ad valorem property
taxes are collected. They shall be in addition to all of said ad valorem
property taxes, and shall be collected. They shall be in addition
to all of said ad valorem property taxes, and shall be collected together
with, and not separate therefrom, and enforced in the same manner
and by the same persons and at the same time and with the same penalties
and interest as are said ad valorem property taxes. All laws applicable
to the collection and enforcement of said ad valorem property taxes
shall be applicable to said special benefit assessment levy, and the
assessed property, if sold for taxes, shall be subject to redemption
in the same manner as such real property is redeemed from the sale
or ad valorem property taxes, and if not redeemed, shall in like manner
pass to the purchaser.
[Ord. No. 1003, § 1.]
If any property within the district is erroneously omitted in
any such report, said property shall be assessed for the omitted amount
in the next year after said omission is discovered, and appropriate
provisions shall be made in the report for said year.
[Ord. No. 1003, § 1.]
The procedures relating to the formation of a maintenance district
or the annexation to an existing district and the alternative method
for the levy of the annual benefit assessment hereunder may be consolidated
for hearing purposes.
