Before ordering any public improvement authorized by Article
IX of this code, the City Council shall adopt a resolution declaring
its intention to do so, briefly describing the proposed improvement,
specifying the exterior boundaries of the assessment district, providing
for the issuance of improvement bonds, if bonds are to be issued,
and providing for the disposal of any surplus remaining in the improvement
fund after completion of the work.
(Prior code § 9-259)
A.
In
the resolution of intention, the City Council may order that a specified
portion or percentage of the cost and expenses of the improvement
may be paid out of the treasury of the City from such funds as the
Council may designate.
B.
The
Council may also order that the City advance all or a portion of the
cost and expenses of the improvements from general City funds to be
repaid from the proceeds of assessments paid in cash or from the proceeds
of improvement bonds issued pursuant to the resolution of intention.
Interest on the advance or advances may be included as an incidental
expense.
(Prior code § 9-258)
In the resolution of intention the City Council shall refer
the proposed improvement to the City Manager who shall cause a report
to be made in writing and filed with the City Council. The report
made by the City Manager shall contain the information specified in
Section 10204 of the Streets and Highways Code.
(Prior code 9-259)
The provisions of the Improvement Act of 1911 shall apply to
grades.
(Prior code § 9-260)
The exterior boundaries of the assessment district may be specified
and described as provided in the Improvement Act of 1911.
(Prior code § 2-261)
When the report provided for in Section 3.76.1010 is filed with the City Council, it shall consider it and may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this article.
(Prior code § 9-262)
After passing on the report, the City Council by resolution
shall appoint a time and place for hearing protests to the proposed
improvement and shall direct the City Clerk to give notice of the
hearing by publication, posting and mailing.
(Prior code § 9-263)
(Prior code § 9-264)
When upon the hearing the proposed assessment is confirmed as
filed, as modified, or corrected, by resolution the City Council shall
order the proposed improvement to be made or acquired and declare
its action upon the report and assessment. The resolution shall be
final as to all persons, and the assessment thereby levied upon the
respective subdivisions of land in the assessment district except
that if the City Council, in the resolution of intention, determined
and ordered that the City advance all or a portion of the costs and
expenses of the improvement from general City funds, then, in that
event, the resolution levying the assessment shall be deferred until
completion of the work and the final costs determined.
(Prior code § 9-265)
When the assessment is deferred until the completion of the work, the City Council shall adopt a resolution ordering the proposed improvements to be made which shall contain a statement of the total estimated cost of the work and the estimated amount to be assessed to each parcel of property. Upon completion of the work, the Council shall adopt a resolution assessing the actual cost of the work to each parcel of property in the same proportions as the estimated assessment set out in the resolution ordering the work, provided that if the actual assessments exceed the proposed assessments, they may be levied only after complying with the procedures set out in Section 3.76.240 of this code.
(Prior code § 9-266)
