When proceedings are taken pursuant to this article the Municipal
Improvement Act of 1913 shall apply.
(Prior code § 9-229)
The hearing on the report need not be set for more than 10 days
beyond the day of setting.
(Prior code § 9-230)
The time provided for payment of assessments may be extended
by the Council, or, on petition of all of the owners, may be shortened
or waived.
(Prior code § 9-231)
Payment shall be made to the Director of Finance unless the
Council shall specify some other officer to whom payments are to be
made.
(Prior code § 9-232)
Proceedings in eminent domain may be exercised under the Code
of Civil Procedure.
(Prior code § 9-233)
Stipulations and proceedings thereon for judgment may be had
as provided in the Street Opening Act of 1903.
(Prior code § 9-234)
Awards and assessments may be offset as provided in the Street
Opening Act of 1903.
(Prior code § 9-235)
Reference to referees may be had as provided in the Street Opening
Act of 1903.
(Prior code § 9-236)
If there is, or the City Council shall determine that there
will be, a surplus in the construction fund, it may determine that
said moneys may be used for any one or more of the following purposes:
A.
For
transfer to the general fund of the City, provided that the amount
shall not exceed the lesser of $1,000.00 or 5% of the total amount
expended from the construction fund;
B.
To reimburse
the City for any contributions or advances to or for the construction
fund that were not pledged in the resolution of intention;
C.
For
the maintenance of the improvements or a specified part thereof;
(Prior code § 9-237)
As an alternative method of disposition, the surplus shall be
refunded or credited pro rata to the parties assessed, as follows:
A.
Where
the assessment or any installment has been paid in cash, the credit
shall be returned in cash to the person who paid the assessment or
installment;
B.
Where
the assessment or any installment is unpaid, the credit shall be applied
upon the assessment or the earliest unpaid installment of principal
and interest; or
C.
Where
an owner has requested that the credit be paid to him or her, in the
petition for the improvements or subsequently in writing filed with
the Director of Finance, or to assigns, the credit shall be so paid
notwithstanding the assessment or an installment has not been paid
in cash; and
D.
When
the assessment is ad valorem in nature and not fixed liens, the credit
shall be deposited in the bond interest and redemption fund.
(Prior code § 9-238)
When a project is for a major service or services, including but not limited to lands, easements, rights, interests, improvements, works, systems and facilities for the collection, treatment and disposal of sanitary sewage, industrial wastes, garbage, refuse or stormwaters or for flood control, production, supply, treatment, storage and distribution of water for public and private purposes, and for the parking of vehicles off public streets, proceedings therefor may be had as provided in Sections 3.76.710 through 3.76.800.
(Prior code § 9-238.01)
It shall not be necessary, in the resolution of intention, to
describe any works or facilities or other matters having to do with
any specific acquisitions or improvements, or in the estimate of costs,
a detailed estimated cost of any specific acquisitions or improvements
or to provide in the engineer's report maps and descriptions of specific
things to be acquired or plans, specifications, profiles, detailed
drawings and specifications for any specific acquisitions or improvements,
or a diagram or assessment.
(Prior code § 9-238.02)
It shall be sufficient, in the resolution of preliminary determination
and of intention, to state that the public interest, convenience and
necessity require, and that the Council proposes to provide an area
of the City with a specified service or services, by the acquisition,
construction, maintenance, operation and improvement of lands, easements,
rights, interests, improvements, works, systems and facilities necessary
or useful therefor, the total estimated costs of the acquisitions
and improvements, and that bonds will be issued from time to time
to pay the costs thereof pursuant to Bond Plans D, E or F of Articles
XV, XVI and XVII of this chapter. If the services are for vehicle
off street parking, Bond Plan G may be designated, in which event
the formulae to be used shall be specified. The boundaries of the
area may be by reference to a map thereof which need not show the
individual parcels therein.
(Prior code § 9-238.03)
It shall be sufficient for the engineer's report to contain
a map of the proposed area preliminarily determined to be the area
to be so served and benefited, a general statement of the nature of
the service or services proposed to be provided and of the nature
of the things that may be acquired or constructed, or both, to provide
such service or services, without any detail as to any specific such
thing.
(Prior code § 9-238.04)
Notice shall be given of a hearing to be had on the resolution
of intention and the report, by publication, posting and mailing and
such hearing shall be held, the acquisitions and improvements shall
be ordered, and jurisdiction shall be acquired to take further proceedings,
as otherwise provided for other projects under this article, modified
to conform to these provisions for a major service project, provided
that the notice to be mailed need only contain a statement of the
total estimated cost of the general project.
(Prior code § 9-238.05)
The Council may provide for the inclusion of a specific portion of a general project had pursuant to Sections 3.76.700 et seq., in which event all of the provisions of Sections 3.76.600 through 3.76.690 shall apply to said specific portion, and the balance of the project shall be had as provided in said Sections 3.76.700 et seq., of this article.
(Prior code § 9-238.06)
Upon the formation of a service facilities district, it shall
have jurisdiction over all lands, easements, rights, interest, improvements,
works, systems and facilities of the City utilized for its purposes.
(Prior code § 9-238.07)
Lands, easements, rights, interests, works, systems and facilities
for which a service facilities district is created are useful in performing
such service, may be acquired or constructed as are other City improvements
in the manner provided for and within its powers under the City Charter,
without compliance therewith.
(Prior code § 9-238.08)
Additional bonds of a service facilities district may be authorized
in the manner provided for the creation of a service facilities district,
so modified that the proceedings will be solely for the purpose of
authorization of the issuance of said additional bonds.
(Prior code § 9-238.09)
B.
Consent. If the owners of the land within the territory which has or proposed to be annexed to the City have given their written assent to being annexed to a district created pursuant to this Article 4 of Division 5, the Council may by resolution order such annexation without notice and hearing by the Council and without an election. This provision shall be applicable to all service facilities districts heretofore or hereafter created.
(Prior code § 9-238.10)
The action of this Council in adopting a resolution, ordinance
or other action taken to form a service facilities district or other
assessment district pursuant to this article, or to make a change
in the boundaries thereof or to provide for the issuance of bonds
thereof or the levy of an annual assessment therefor, shall be final
and conclusive. No action or defense in a pending action to question
the validity of said matters will lie following the expiration of
30 days after the date of adoption thereof and all persons shall thereafter
be forever barred.
(Prior code § 9-238.11)
