"Assessment district"
means an assessment district formed pursuant to California Streets and Highways Code Section 22500 et seq.
"Clerk"
means the clerk of the Waterford city council.
"Engineer"
means the city engineer, engineer of the district, or any other person designated by the Waterford city council as the engineer for the purposes of this part, including any officer, board, or employee of the city of Waterford or any private person or firm specially employed by the city of Waterford as the engineer for the purposes of this part.
"Treasurer"
means the treasurer of the city of Waterford.
"Fiscal year"
means a twelve-month period commencing on July 1st and ending on the following June 30th.
"Improvement"
means one or any combination of the following:
1. 
The installation or planning of landscaping.
2. 
The installation or construction of statuary, fountains, and other ornamental structures and facilities.
3. 
The installation or construction of public lighting facilities, including but not limited to, traffic signals.
4. 
The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, water, irrigation, drainage or electrical facilities.
5. 
The installation of park or recreational improvements, including but not limited to, all of the following:
a. 
Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage.
b. 
Lights, playground equipment, play courts and public restrooms.
6. 
The maintenance or servicing, or both, of any of the foregoing.
7. 
The acquisition of land for park, recreational, or open space purposes.
"Landscaping"
means trees, shrubs, grass, or other ornamental vegetation.
"Public lighting facilities"
means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, studs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.
"Public places"
means one or any combination of the following:
1. 
Any public street, highway, road, alley, lane, boulevard, parkway, or other way dedicated to or used for public use.
2. 
Any public property, right-of-way or leasehold interest which is in use in the performance of a public function and which joins any of the ways described in subsection (1).
"Diagram" and "map"
are used interchangeably for purposes of this part.
(Ord. 90-07 §1(part), 1990)
The purpose of this chapter is to establish and form the city of Waterford landscaping and lighting assessment district pursuant to the "Landscaping and Lighting Act of 1972" found in the California Streets and Highways Code, commencing with Section 22500. The district shall levy and collect assessments, and if desired to, issue bonds or notes, pursuant to the "Landscaping and Lighting Act of 1972."
(Ord. 90-07 §1(part), 1990)
The assessments may be used to finance the installation, servicing and maintenance of publicly owned or leased landscaping (including open space areas), statuary, fountains or other ornamental structures, public lighting, including but not limited to traffic signals, and any appurtenant facilities such as sidewalks, drains, curbs or gutters; public parks and recreational improvements, including but not limited to, land, lights, equipment, restrooms and their servicing and maintenance. In addition, incidental expenses of levying and collecting the assessment may be included in the amount assessed.
(Ord. 90-07 §1(part), 1990)
For a full and detailed description of the Waterford landscaping and lighting assessment district, refer to the landscaping and lighting assessment district map of the city of Waterford which is on file with the clerk and is open to public inspection. The map so referred to shall govern for all details of the description.
(Ord. 90-07 §1(part), 1990)
The revenue derived from the assessments (and any interest on them) must be placed in a special fund created for that purpose. The assessment is collected on the county property tax roll and the same procedures apply to delinquencies. Each year, the engineer determines the balance in the special fund by crediting any surplus, debiting any advances made by the city, and then determines the assessment amount for that year.
(Ord. 90-07 §1(part), 1990)
The diagram of an assessment district shall show:
A. 
The exterior boundaries of the assessment district.
B. 
The boundaries of any zones within the district.
C. 
The lines and dimensions of each lot or parcel of land within the district.
D. 
Each lot or parcel shall be identified by a distinctive number or letter.
E. 
New areas to the existing district may be annexed in by resolution, which shall be publicly noticed, pursuant to Streets and Highways Code Section 22500, et seq., if said annexation is not consent based.
(Ord. 90-07 §1(part), 1990)
A. 
The engineer shall prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvement described in the report.
B. 
The report shall refer to the city of Waterford landscaping and lighting assessment district by its distinctive designation, specified in the fiscal year to which the report applies, and with respect to that year, shall contain all of the following:
1. 
Plans and specifications for the improvements.
2. 
An estimate of the cost of the improvement.
3. 
A diagram of the assessment district.
4. 
An assessment of the estimated cost of improvements.
5. 
If bonds or notes will be issued, an estimate of their principal amount.
C. 
Upon completion, the engineer shall file the report with the clerk for submission to the city council. The city council may approve the report, as filed, or it may modify the report in any particular and approve it as modified.
(Ord. 90-07 §1(part), 1990)
A. 
After approval of the report the city council shall adopt a resolution of intention, which shall include:
1. 
A declaration of the intention of the city council to levy and collect assessments within the assessment district for the fiscal year stated therein.
2. 
Generally describe the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
3. 
Refer to the assessment district by its distinctive designation and indicate the general location of the district.
4. 
Refer to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
5. 
Give notice of the time, as fixed by Section 12.28.110, and the place for hearing by the city council on the levy of the proposed assessment.
B. 
The clerk shall give notice of hearing by causing the resolution of intention to be published.
C. 
Any interested person may, prior to the conclusion of the hearing, file a written protest with the clerk. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him or her.
D. 
The city council shall hold the hearing at the time and place specified in the resolution of inten-tion and in any order continuing the hearing, provided that no continuance shall be made to a date subsequent to August 10th without the prior consent of the county auditor.
E. 
Upon the conclusion of the hearing, the city council may adopt a resolution confirming the assessment and diagram, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
F. 
The initial assessment may be established through a resolution adopted by hearing with a 10 day notice to all owners of property in the proposed assessment district of the proposed assessment derived from a city council approved engineer's report.
(Ord. 90-07 §1(part), 1990)
After confirmation, the assessment role is prepared and filed with the county. The assessment proceeds will be received at the same time as property taxes. The city may advance money to the district and be repaid when tax funds are received.
(Ord. 90-07 §1(part), 1990)
Upon receipt of moneys representing assessments collected by the county, the treasurer shall deposit the moneys in the treasury of the city of Waterford to the credit of an improvement fund for the assessment district from which they were collected, and the moneys shall be expended only for the improvements authorized for such district.
(Ord. 90-07 §1(part), 1990)
Once adopted, the assessment must be confirmed annually and the assessment roll filed with the county by August 10th of each year. The process for confirmation is for the engineer to determine the cost of performing the same services for the upcoming year as well as provide any additional services and credits or debits of the amounts in the improvement fund. The engineer submits a summary report and budget for the district. Pursuant to Section 12.28.080, published notice is given of a public hearing on that updated report and budget and written protest may be submitted.
(Ord. 90-07 §1(part), 1990)
Public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment under this part. Such additional exemptions may be created by the council, by resolution, based on benefit to the property to be assessed.
(Ord. 90-07 §1(part), 1990)
The validity of an assessment levied under this part may be contested in the same manner as county taxes, except that assessments levied under this part for the purpose of raising revenue necessary to pay the debt service on bonds issued pursuant to California Streets and Highways Code Section 22662.5 shall not be contested in any action or proceeding, unless the action or proceeding is commenced within thirty days after the initial assessment is levied. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty days after the entry of judgment.
(Ord. 90-07 §1(part), 1990)