The City Council may establish community benefit districts and
levy assessments in connection with such districts pursuant to this
article.
(Ord. 2018-004 § 2)
Notwithstanding the requirements of Section 36632 of the PBID
Law, any parcel of real property, regardless of the zoning of such
parcel, may be included in a community benefit district and subject
to an assessment in connection therewith, so long as such parcel specially
benefits from the services and improvements funded by that district.
(Ord. 2018-004 § 2)
Only assessments against real property may be levied in connection
with a community benefit district.
(Ord. 2018-004 § 2)
In lieu of the requirements of Section 36621(a) of the PBID
Law, the City Council may initiate proceedings to form a community
benefit district upon the submission of a written petition, signed
by property owners in the proposed district who will pay more than
30 percent of the assessments proposed to be levied in connection
with such district. The amount of assessment attributable to property
owned by the same property owner that is in excess of 20 percent of
the amount of all assessments proposed to be levied, shall not be
included in determining whether the petition is signed by property
owners who will pay more than 30 percent of the total amount of assessments
proposed to be levied.
(Ord. 2018-004 § 2)
If so provided in the engineer's report for a community benefit
district, the assessment levied in connection with such a district
may include amounts sufficient to recover the costs incurred in forming
the district, including:
(A) The
costs of preparation of the management plan and engineer's report
required by State law; and
(B) The
cost of preparing, circulating and submitting the petition to the
City Council seeking establishment of the district; and
(C) The
costs of printing, advertising and the giving of published, posted
or mailed notices; and
(D) Compensation
of any consultant, engineer or attorney employed to render services
in proceedings under this article or the PBID Law; and
(E) Costs
incurred by the City for public hearings, notices, ballots and other
proceedings required by law for approval of a new or increased assessment.
The engineers report shall specify the formation costs eligible
for recovery through assessments, the schedule for recovery of those
costs, and the basis for determining the amount of the additional
assessment for recovery of costs, including the maximum amount of
the additional assessment, expressed either as a dollar amount, or
as a percentage of the underlying assessment.
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(Ord. 2018-004 § 2)
The City Council may, in the resolution of intention for a community
benefit district, provide that if the district is established, funds
may be advanced from the City's general fund to permit the operation
of the district prior to the City's collection of the assessment.
Such advance shall occur only after the establishment of the district,
and no advance shall be made if the district is not established. Any
such advance may not exceed the total anticipated assessment proceeds
for the first year of the assessment. Any such advance must be recovered
from assessment proceeds as provided in the resolution of intention,
along with interest calculated at a rate set forth in the resolution
of intention. The duration of any such advance shall not exceed five
years.
(Ord. 2018-004 § 2)
The duration of a new community benefit district shall be no
greater than specified in the resolution of intention for the district.
This section is intended to supplant any shorter limitation set forth
in the PBID Law on the duration of assessments levied in connection
with an assessment district.
(Ord. 2018-004 § 2)
A community benefit district may be renewed for a period of
not to exceed 20 additional years by following the procedures set
forth in the PBID Law.
(Ord. 2018-004 § 2)
The City Council may, on its own initiative, at any time, adopt
a resolution of intention to disestablish a community benefit district
and shall adopt a such a resolution if, during the annual 30-day period
set forth in Section 36670(a)(2) of the PBID Law, the City Council
receives a written petition requesting disestablishment signed by
property owners who pay more than 30 percent of the assessments levied
in connection with the district. This section provides an alternative
method for the initiation of proceedings to disestablish a community
benefit district and shall not be interpreted to preempt the existence
of other methods set forth in Section 36670 of the PBID Law. A resolution
of intention adopted pursuant to this section shall have the same
effect, and trigger the same notice and hearing requirements, as a
resolution of intention otherwise adopted pursuant to Section 36670
of the PBID Law.
(Ord. 2018-004 § 2)
As provided under Section 36633 of the PBID Law, the validity
of an assessment levied under this article shall not be contested
in any action or proceeding unless the action or proceeding is commenced
within 30 days after the resolution levying the assessment is adopted.
Any appeal from a final judgment in an action or proceeding shall
be perfected within 30 days after the entry of judgment.
(Ord. 2018-004 § 2)