This chapter may be cited as the "City of Napa Park Improvement
Financing Law."
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The Council finds and declares that it is necessary, essential,
public purpose and a municipal affair for the city to be authorized
to provide financing for parks, park improvements and municipal recreational
facilities for the residents of the city.
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Unless the context otherwise requires, the terms defined in
this section shall have the following meanings:
means any bonds, notes, or other obligations issued by the
city pursuant to this chapter.
means the City of Napa.
means the total of all costs incurred by or on behalf of
the city necessary for the acquisition, construction, rehabilitation,
improvement, maintenance or operation of park improvements for the
city. "Cost" shall include, without limitation, the cost of all lands,
structures, real or personal property, franchises, rights and interests
acquired or used in connection with park improvements, the cost of
demolishing or removing any structures (including the cost of acquiring
any lands to which such structures may be moved), the cost of engineering,
architectural, financial, legal and other services, plans, specifications,
studies, surveys, estimates or other expenses necessary or convenient
for the acquisition, construction, rehabilitation, improvement, maintenance
or operation of park improvements, including all costs of issuance
of bonds for such purposes, reserves for debt service, and capitalized
bond interest for such period as the city may determine.
means the City Council of the City of Napa.
means the county of Napa.
means a separate unit of land, and includes, but is not limited
to, parcels on subdivision and parcel maps recorded in the official
records of the County Recorder.
means any park, playground, or municipal recreation facility
for the city, whether located within or without the boundaries of
the city, and any improvement, addition or betterment thereto.
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Subject to the provisions of Section 3.32.050 of this chapter, the Council may levy a special tax to pay the cost of park improvements for the city or to pay the principal and interest on special obligation bonds issued pursuant to Section 3.32.160 of this chapter. The purposes for which the proceeds of such special taxes, or any portion thereof may be used shall be specified by the Council by resolution. Such special tax shall be levied annually and shall be in an amount not to exceed in the aggregate $66.00 per parcel.
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Prior to levying a special tax pursuant to Section 3.32.040 of this chapter, the proposition of levying such a special tax shall, by resolution, be submitted to the voters of the city at any special or general election. No such special tax shall be levied without the approval of two-thirds of the votes cast by the voters voting upon such proposition at such an election.
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The Council shall enter into an agreement with the county to have special taxes levied pursuant to Section 3.32.040 of this chapter collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county's general ad valorem property taxes, and shall be delinquent at the same time and thereafter subject to the same delinquency penalties. The tax collector may, in his or her discretion, issue separate bills for such special taxes and separate receipts for collection on account of such special taxes. The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such special taxes in an amount to be fixed by agreement between the city and the county.
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Prior to August 30th of each year, the City Clerk shall prepare, or cause to be prepared, a written report which shall contain a description of each parcel of real property upon which a special tax shall be levied and the amount of the special tax for each parcel for said year. The City Clerk shall cause a notice of the filing of said report and of a time and place of hearing thereon to be published pursuant to Section 6066 of the Government Code of the state prior to the date set for hearing, in a newspaper of general circulation designated by the Council. Before the first levy of special taxes pursuant to Section 3.32.040 of this chapter, the City Clerk shall cause a notice in writing of the filing of said report proposing such special taxes and of the time and place of hearing thereon to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said City Clerk. If the Council adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate.
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At the time and place fixed in said notice for the hearing,
the Council shall hold said hearing and may adjourn said hearing from
time to time and may adjourn said hearing to a different place if
deemed necessary. At the hearing, any person interested, including
all persons owning property in the city, may appear and be heard on
the matter set forth in the notice. At the hearing the Council may
change or modify the proposed special tax; provided, however, that
no special tax shall be raised or increased from that set forth in
the report, unless notice of intention to make such increase shall
be published once or posted at least 10 days prior to the hearing
on the proposed change.
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Upon the conclusion of the hearing, the Council may determine
that the proposed special tax, as originally proposed or modified
as provided herein, is not discriminatory or excessive and will comply
with the provisions of this chapter, which determination shall be
final.
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Following final determination by the Council pursuant to Section 3.32.090 of this chapter, the Clerk shall file with the county a copy of said report and the amount of the special tax shall be entered against the respective parcels as they appear on the current assessment roll. The county shall include the amount of the special tax on bills for taxes levied against the respective parcels.
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The amount of the special taxes shall constitute a lien against
the parcel against which the special tax has been imposed as of noon
on the first Monday in March immediately preceding the date of levy.
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All general laws of the state applicable to the levy, collection
and enforcement of general taxes of the county, including, but not
limited to, those pertaining to matters of delinquency, correction,
cancellation, refund and redemption, are applicable to special taxes
levied pursuant to this chapter.
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As a remedy established for the collection of due and unpaid
special taxes an action may be brought in the name of the city in
any court of competent jurisdiction against the person or persons
who occupied the property when the special tax was levied for the
collection of the amount of the special tax.
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As a separate, distinct and cumulative remedy established for the collection of said special taxes an action may be brought in the name of the city in any court of competent jurisdiction to enforce the lien established by Section 3.32.110 of this chapter. In such action a reasonable attorney's fee shall be awarded the plaintiff.
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Remedies for collection and enforcing the special tax authorized
by this chapter are cumulative and may be pursued alternately, or
any thereof may be used consecutively when the Council so determines.
Any holder of any bond outstanding at any time which is payable from
special taxes levied pursuant to this chapter may compel the use of
any or all the remedies herein provided.
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A.
The
city may, from time-to-time, issue bonds to pay the cost of park improvements.
Bonds shall be negotiable instruments for all purposes, subject only
to the provisions of such bonds for registration.
B.
Each
issue of bonds shall be a special obligation of the city payable from
all or any specified part of the special tax authorized to be levied
pursuant to this chapter. Such special taxes shall be the sole source
of repayment of such issue of bonds. Bonds issued under the provisions
of this chapter shall not be deemed to constitute a debt or liability
of the city or a pledge of the faith and credit of the city but shall
be payable solely from specified special taxes. The issuance of bonds
shall not directly, indirectly, or contingently obligate the city
to levy or pledge any form of taxation or to make any appropriation
for their payment, except for the levying of special taxes specifically
pledged to the payment of the bonds.
C.
All
bonds shall contain on the face thereof a statement to the following
effect:
"Neither the faith and credit nor the taxing power of the city
is pledged to the payment of the principal of or premium, if any,
or interest on this bond."
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In determining the amount of bonds to be issued, the city may
include all costs of the issuance of such bonds, reserve funds, and
capitalized bond interest.
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Bonds may be issued as serial bonds, term bonds, installment
bonds or any combination thereof. Bonds shall be authorized by resolution
of the Council and shall bear such date or dates, mature at such time
or times, bear interest at such fixed or variable rate or rates, be
payable at such time or times, be in denominations, be in such form,
either coupon or registered, carry such registration privileges, be
executed in such manner, be payable in lawful money of the United
States of America at such place or places, be subject to such terms
of redemption and have such other terms and conditions as such resolution
or any indenture authorized by such resolution to be entered into
by the city may provide. Bonds may be sold at either a public or private
sale and for such prices as the city shall determine.
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Any resolution authorizing any bonds or an issuance of bonds,
or any indenture authorized by such resolution to be entered into
by the city, may contain provisions respecting such terms and conditions
of the bonds as the city may determine, which terms and conditions
shall be a part of the contract with the holders of such bonds, including
any of the following terms:
A.
The
terms, conditions and form of such bonds and the interest and principal
to be paid thereon;
B.
Limitations
on the uses and purposes to which the proceeds of sale of such bonds
may be applied, and the pledge or assignment of such proceeds to secure
the payment of such bonds;
C.
Limitations
on the issuance of additional bonds, the terms upon which additional
bonds may be issued and secured, and the refunding of outstanding
bonds;
D.
The
setting aside of reserves and sinking funds and such other funds as
are necessary or appropriate and the regulation and disposition thereof;
E.
The
pledge or assignment of all or any part of special taxes authorized
by this chapter and of any other moneys or assets legally available
therefor and the use and disposition thereof, subject to such agreements
with the holders of bonds as may then be outstanding;
F.
Specification
of the acts or omissions to act which shall constitute a default in
the duties of the city to holders of such bonds, and providing the
rights and remedies of such holders in the event of default, including
any limitations on the right of action by individual bondholders;
G.
The
appointment of a corporate trustee to act on behalf of the city and
the holders of its bonds, and the rights of such trustee;
H.
The
procedure, if any, by which the terms of any contract with bondholders
may be amended or abrogated, the amount of such bonds the holders
of which must consent thereto, and the manner in which such consent
may be given; and
I.
Any
other provisions which the Council may deem reasonable and proper
for the purposes of this chapter and the security of the bondholders.
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Any pledge of special taxes or other moneys or assets pursuant
to the provisions of this chapter shall be valid and binding from
the time such pledge is made. Special taxes, moneys and assets so
pledged and thereafter received by the city shall immediately be subject
to the lien of such pledge without any physical delivery thereof or
further act, and the lien of any such pledge shall be valid and binding
as against all parties having claims of any kind in tort, contract,
or otherwise against the city, irrespective of whether such parties
have notice thereof. Neither the resolution nor any indenture by which
a pledge is created need be filed or recorded except in the records
of the city.
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Neither the members of the Council, the officers or employees
of the city, nor any person executing any bond shall be liable personally
on the bonds or be subject to any personal liability or accountability
by reasons of the issuance thereof.
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The city shall have the power out of any funds available therefor
to purchase its bonds. The city may hold, pledge, cancel, or resell
such bonds, subject to and in accordance with agreements with the
bondholders.
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Any holder of bonds issued under the provisions of this chapter
or any of the coupons appertaining thereto, and any trustee appointed
pursuant to any resolution authorizing the issuance of bonds, except
to the extent the rights thereof may be restricted by such resolution
or any indenture authorized thereby to be entered into by the city,
may, either at law or in equity, by suit, action, mandamus, or other
proceedings, protect or enforce any and all rights specified in law
or in such resolution or indenture, and may enforce and compel the
performance of all duties required by this chapter or by such resolution
or indenture to be performed by the city or by any officer, employee,
or agent thereof.
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A.
The
city may issue bonds for the purpose of refunding any bonds then outstanding
including the payment of any redemption premiums thereof and any interest
accrued or to accrue to the earliest or any subsequent date or dates
of redemption, purchase, or maturity of such bonds.
B.
The
proceeds of bonds issued for the purpose of refunding any outstanding
bonds may, in the discretion of the city, be applied to the purchase
or retirement at maturity or redemption of such outstanding bonds,
either at their earliest or any subsequent redemption date or dates
or upon the purchase or retirement at the maturity thereof and may,
pending such application, be placed in escrow, to be applied to such
purchase or retirement at maturity or redemption on such date or dates
as may be determined by the city.
C.
Pending use for purchase, retirement at maturity or redemption of outstanding bonds, any proceeds held in escrow pursuant to subsection B may be invested and reinvested as provided in the resolution or indenture. Any interest or other increment earned or realized on any such investment may be applied to the payment of the outstanding bonds to be refunded or to the payment of interest on the refunding bonds.
D.
All
bonds issued pursuant to this section shall be subject to the provisions
of this chapter in the same manner and to the same extent as other
bonds issued pursuant to this chapter.
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In anticipation of the sale of bonds, the city may issue bond
anticipation notes and may renew the same from time to time. Such
notes shall be payable from specified special taxes or other monies
authorized by this chapter to be pledged to secure payment of bonds
which are not otherwise pledged, or from the proceeds of sale of the
bonds in anticipation of which they were issued. Such notes shall
be issued in the same manner as bonds. Such notes and the resolution
or indenture providing for their issuance may contain any provisions,
conditions or limitations which a bond, or a resolution or indenture
providing for, the issuance thereof, may contain.
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The validity of the authorization and issuance of any bonds
is not dependent on and shall not be affected in any way by any proceedings
taken by the city for the levy or collection of any special tax authorized
to be levied and collected under this chapter.
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Prior to the issuance of bonds pursuant to this chapter, the Council by resolution shall submit to the qualified voters of the city at any special or general election the proposition of issuing bonds pursuant to this chapter to carry out the purposes of this chapter. The votes of two-thirds of all voters voting on the proposition are required to authorize the issuance of such bonds pursuant to this chapter. Such proposition may be submitted at the same election as the election to approve special taxes pursuant to Section 3.32.050 of this chapter and may be consolidated into one measure and the voter may cast one "Yes" or one "No" vote upon such combined proposition.
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This chapter, being necessary for the welfare of the city and
its inhabitants, shall be liberally construed to effect its purposes.
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If the jurisdiction of the Council to order the proposed act
is not affected, any omission of any officer or the city in proceedings
under this chapter or any other defect in the proceedings shall not
invalidate such proceedings or the special taxes levied or the bonds
issued pursuant to this chapter.
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This chapter is full authority for the levy of special taxes
and the issuance of bonds by the city for the purposes specified herein.
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This chapter shall be deemed to provide a complete, additional,
and alternative method for doing the things authorized thereby, and
shall be regarded as supplemental and additional to the powers conferred
by other laws. The levy of special taxes and the issuance of bonds
under the provisions of this chapter need not comply with the requirements
of any other law applicable to the levy of special taxes and the issuance
of bonds. The purposes authorized hereby may be effectuated and special
taxes levied and bonds issued for any such purposes under this chapter
notwithstanding that any other law may provide for such purposes and
without regard to the requirements, restrictions, limitations, or
other provisions contained in any other law.
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To the extent that the provisions of this chapter are inconsistent
with the provisions of any general statute or special act or parts
thereof the provisions of this chapter shall be deemed controlling.
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If any provisions of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect any other provision or application of this chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be
severable. The Council declares that it would have adopted and passed
this chapter and each division, section, subsection, sentence, clause,
phrase, or word hereof, irrespective of the fact that any one or more
of the other divisions, sections, subsections, sentences, clauses,
phrases or words hereof be declared invalid or unconstitutional.
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