Whenever in this Chapter the words or phrases below are used,
they shall have the respective meanings assigned to them in the following
definitions:
"Service connection"
means the wires, conductors, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and/or appurtenances located on private property and necessary to supply electric, communication or similar or associated service to that property. "Service connection" also means the service connection identified in Section
13.04.100.
"Utility"
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 672 § 1, 2013)
The report required by Section
13.06.020 shall contain all of the following:
(a) A map showing the boundaries of the underground utility district
within which voluntary contractual assessments are proposed to be
offered.
(b) A draft contract specifying the terms and conditions that would be
agreed to by a property owner within the voluntary contractual assessment
area and the City.
(c) A statement of City policies concerning voluntary contractual assessments
including all of the following:
(1) Statement that service connections may be financed through the use
of contractual assessments;
(2) Identification of the City official authorized to enter into voluntary
contractual assessments on behalf of the City;
(3) A maximum aggregate dollar amount of voluntary contractual assessments;
and
(4) General background regarding this Chapter, the underground utility
district, the proposed contractual assessment program and any other
information as deemed reasonably necessary by the City.
(d) A plan for raising a capital amount required to pay for work performed pursuant to voluntary contractual assessments. The plan may include amounts to be advanced by the City through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section
13.06.070. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the voluntary contractual assessment program among the consenting property owners and the City.
(e) If the contractual assessments will be collected in the same manner
as City property taxes, a report on the results of the consultations
with the County Auditor's office or County Controller's
office concerning the additional fees, if any, that will be charged
to the City for incorporating the proposed voluntary contractual assessments
into the assessments of the general taxes of the City on real property,
and a plan for financing the payment of those fees.
(Ord. 672 § 1, 2013)
At the time of the hearing, the report shall be summarized and
the City Council shall afford all persons who are present an opportunity
to comment upon, object to, or present evidence with regard to the
proposed contractual assessment program, the extent of the area proposed
to be included within the program, the terms and conditions of the
draft contract, or the proposed financing provisions. At the conclusion
of the hearing, the City Council may adopt a resolution confirming
the report or may direct its modification in any respect, and thereafter
may adopt a resolution confirming the report as modified, or the City
Council may abandon the proceedings. However, the legislative body
may not increase the area within which contractual assessments would
be offered without providing notice of the proposed increase in area
pursuant to this Chapter. The hearing may be continued from time to
time not exceeding a total of one hundred eighty (180) days.
(Ord. 672 § 1, 2013)
To the extent permitted by applicable law, the City may issue
bonds pursuant to this Chapter, the principal and interest for which
would be repaid by voluntary contractual assessments. The City may
advance its own funds to finance work to be repaid through voluntary
contractual assessments, and may from time to time sell bonds to reimburse
itself for such advances. The City may enter into a relationship with
an underwriter or financial institution that would allow the sequential
issuance of a series of bonds, each bond being issued as the need
arose to finance work to be repaid through voluntary contractual assessments.
The interest rate of each bond may be determined by an appropriate
index, but shall be fixed at the time each bond is issued. Bond proceeds
may be used to establish a reserve fund, and to pay for expenses incidental
to the issuance and sale of the bonds. Division 10 of the California
Streets and Highways Code (commencing with Section 8500) shall apply
to any bonds issued pursuant to this section, insofar as that division
is not in conflict with this Chapter.
(Ord. 672 § 1, 2013)
Assessments levied pursuant to this Chapter, and the interest
and any penalties thereon shall constitute a lien against the lots
and parcels of land on which they are made, until they are paid. Unless
the City agrees otherwise in any contractual assessment agreements
with the owner, assessments shall be imposed and collected in the
same manner as contractual assessments imposed pursuant to Chapter
29 of Part 3 of Division 7 of the California Streets and Highways
Code (commencing with Section 5898.10). However, assessments levied
pursuant to this Chapter shall not be entitled to the special lien
priority provided under those provisions. Rather contractual assessments
levied pursuant to this Chapter shall be considered private liens
subject to the general laws, regulations and requirements governing
lien priority.
(Ord. 672 § 1, 2013)