There is hereby vested in the Council the power to issue benefit
bonds within any district created pursuant to Articles V through X
of this code.
(Prior code § 9-403)
The purpose of this article is to provide a procedure by which
assessment bonds may be issued to pay the whole or any part of the
costs of any public improvements which are inherently local in nature,
payable from annual assessment levies apportioned among the several
lots and parcels of land within the district established therefor,
the formula or formulae for which is to be determined in the proceeding
in which jurisdiction is provided therefor.
(Prior code § 9-404)
The respective provisions of any Articles V through X pursuant
to which said proceedings are undertaken to the contrary notwithstanding,
no assessment or diagram shall be made, heard, levied or recorded,
nor shall any amount of annual levies proposed to be made pursuant
hereto be or become payable prior to their levy as herein provided.
(Prior code § 9-405)
When the Council proposes to issue bonds pursuant to this article,
it shall so declare in the resolution of intention pursuant to which
the bonds are to be issued, the maximum term for which the bonds of
any series of the issue may run, and the maximum rate of interest
they may bear.
(Prior code § 9-406)
In addition to the matters required by Section 3.76.2340 of this article, the resolution of intention shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said bonds and the interest thereon will be apportioned according to benefits among the several lots and parcels of land within the assessment district to be established therefor.
(Prior code § 9-407)
At the hearing provided for establishing the assessment district
pursuant to any Article V through X of the code, property owners may
protest against and be heard as to the equitableness and fairness
of the formula or formulae in the same manner, at the same time and
with like legal effect, as provided for other protests in said proceedings.
(Prior code § 9-408)
At the hearing provided in Section 3.76.2360 of this article, the Council, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same more fair and equitable; provided, however, that before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of said Council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which the original resolution of intention or notice of improvement was published, at least 10 days prior to said hearing.
(Prior code § 9-409)
At the initial hearing or at the subsequent hearing on the modification
of said formula or formulae or at any meeting to which either shall
have been adjourned or at any meeting of the Council subsequent to
the full hearing of said matter, with or without said matter having
been submitted, the Council, by resolution, shall finally adopt a
formula or formulae for the apportionment of benefits in the subsequent
levies, which shall be that stated in the resolution of intention,
or as modified, and its determination shall be final and conclusive
against all persons excepting persons whose protests for grounds stated
therein have been denied and who have brought action to question its
validity within 30 days following said determination, in the local
Superior Court.
(Prior code § 9-410)
If, at any time following the final establishment of the formula
or formulae for said subsequent levies, the Council shall, by resolution,
determine that, by reasons of changed conditions or because of defects
or insufficiencies therein disclosed by its application, an established
formula or formulae is, in any particular, inequitable or unfair,
or may be made more equitable and fair, the Council may, by resolution,
so declare, stating the grounds therefor, and fix a time and place
of hearing thereon.
(Prior code § 9-411)
A copy of the resolution provided in Section 3.76.2390 shall be published once a week for two successive weeks, the first of which shall be at least 14 days prior to the day of said proposed meeting, in the newspaper in which the resolution of intention or notice of improvements in said proceedings was published.
(Prior code § 9-412)
At the hearing provided in Section 3.76.2390, protests may be filed, heard and acted upon in the manner and with like effect provided in this article for the initial establishment and modification of said formula or formulae.
(Prior code § 9-413)
The moneys in said fund shall be used solely for acquiring and
constructing the improvements, the incidental expenses thereof and
of the financing of proceedings, and may include interest on the bonds
during the estimated period of acquisition and construction.
(Prior code § 9-414)
A fund to be named "Bond Plan F Issue No._____ Bond Fund," or
other designation sufficient to identify it, shall be created and
maintained for each issue of bonds.
(Prior code § 9-415)
All moneys which shall have been pledged or contributed to the
payment of the bonds and the interest thereon, and all annual assessments
levied therefor, shall be deposited in the bond fund for such issue,
shall constitute a trust fund therefor, and shall not be expended
for any other purpose; provided that if any moneys remain in the bond
fund after the payment of all the bonds and the interest thereon,
it shall be transferred to the City General Fund, unless a maintenance,
improvement or a service facilities district has been created for
the improvements acquired and constructed from the proceeds of said
bonds, in which event it shall be transferred to such fund, and be
used for the objects and purposes thereof.
(Prior code § 9-416)
The Director of Finance shall annually cause to be prepared
a budget for each bond issue hereunder which shall include the following:
A.
The
gross amount required to pay the principal of and interest on the
bonds and any premiums on bonds to be called, before the proceeds
of a second assessment levy will be available therefor.
B.
The gross amount proposed to be raised for the maintenance and operation of the City waste water works and system, and any capital, additions, extensions, improvements or replacements therein, during the period provided in subsection A of this section.
(Prior code § 9-417)
The total amount provided in Section 3.76.2450(F), including provision for anticipated delinquencies, shall be raised by annual benefit assessments on all taxable lands within the assessment district, until all of the bonds and the interest to accrue thereon have been paid in full.
(Prior code § 9-418)
In each year that a balance is provided in the budget pursuant to Section 3.76.2450(F), the Director of Finance shall cause to be prepared, a report for each bond issue hereunder, which shall, by property headed columns, show the amount of the levy applicable to lot or parcel, and such other information as may be necessary or useful in carrying out the formula or formulae adopted by the Council therefor.
(Prior code § 9-419)
When the report has been completed it shall be endorsed by the
Director of Finance in duplicate and filed with the City Clerk on
or before July 15th of each year.
(Prior code § 9-420)
If the formula or formulae adopted for an issue of bonds is
sufficiently simple as to leave no discretion, it shall be reviewed
by the Council and adopted and approved by resolution.
(Prior code § 9-421)
If the formula or formulae adopted for an issue of bonds requires the exercise of a discretion by the Council, further proceedings shall be had as provided in Sections 3.76.2510 through 3.76.2560 of this article.
(Prior code § 9-422)
Said report shall come on regularly for hearing by the City
Council at its regular meeting held on the first Monday of August
in each year.
(Prior code § 9-423)
The City Clerk shall cause notice of the hearing on the report
to be given by two publications in a newspaper in the City, and by
posting a copy of the notice on the bulletin board of the City Hall.
The posting and first publication shall be at least 10 days before
the day fixed for hearing.
(Prior code § 9-424)
The notice shall be substantially as follows:
|
NOTICE OF HEARING ON
ASSESSMENT ROLL BOND PLAN F ISSUE NO. _____
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NOTICE IS HEREBY Given that the Director of Finance has prepared
and filed in my office a report, which apportions the amount required
to be raised for the fiscal year 20_____—20_____, to pay the
principal and interest and any premiums to accrue in the bonds stated
in the title (and also to pay the costs of maintenance operation and
improvements of the City's __________ works)*, which has been apportioned
according to the benefit formula established by the City Council therefor
among the lots and parcels of real property within the assessment
district established for said bonds.
|
|
Said report will be heard by the Council at its meeting to be
held on the _____ day of __________ 20_____, at the hour of 8:00 p.m.,
Council Chambers, City Hall, Stockton, California, at which time said
Council will examine said report and hear all persons interested therein.
|
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Any interested person, objecting to the amount of the assessment
on any parcel of land owned by him or her, may file with the City
Clerk, at or before the hour fixed for hearing a protest in writing
signed by him or her, describing the parcel owned by him or her so
that it may be identified, and stating the grounds of his or her protest,
and appear at said meeting and be heard in regard thereto.
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*To be included when the levy includes maintenance, etc.
|
(Prior code § 9-425)
Affidavits of certificates of publication and posting of hearing
shall be made and filed with the Clerk.
(Prior code § 9-426)
The Clerk shall endorse on each protest the date it is filed
with him or her, and show whether said protest is filed prior to the
hour fixed for hearing. No protest received after said hour shall
be legal, but the Council may, at its discretion, consider any protests
and hear the signers thereof.
(Prior code § 9-427)
At the time and place fixed for said hearing, or at any time
to which said hearing is adjourned, the Council shall:
A.
Hear
all persons having an interest in any real property within the district;
B.
Hear
all objections, protests or other written communications from any
persons interested in any real property within the district;
C.
Take
and receive oral and documentary evidence pertaining to the matters
contained in the report;
D.
Remedy
and correct any error or informality in the report, and revise and
correct any of the acts or determinations of the Director of Finance
as contained therein; and
E.
Amend,
alter, modify, correct and confirm said report and each of the assessments
therein.
(Prior code § 9-428)
The report, approved pursuant to Sections 3.76.2470 through this section, together with the certificate of the Clerk as to the fact and date of approval by the Council, shall be delivered to the County Auditor at or before the time the City Council fixes the general City tax rate for the fiscal year.
(Prior code § 9-429)
The County Auditor shall post to the County tax roll, in a column
provided therefor, the total amount of the benefit assessment to be
levied and collected for said year on each lot or parcel of land within
the assessment district, as provided in said report.
(Prior code § 9-430)
Said benefit assessments shall be levied and collected upon
the tax rolls upon which general City taxes are collected. They shall
be in addition to all other taxes levied for City purposes, and shall
be levied, entered and collected together with, and not separate from,
City taxes, and enforced in the same manner and by the same persons
and at the same time, and with the same penalties and interest, as
are other taxes for City purposes, and all laws applicable to the
levy, collection and enforcement of taxes for City purposes are applicable
to the levy, collection and enforcement of taxes for City purposes
are applicable to said special assessment levy, and the assessed real
property, if sold by operation of law for taxes, shall be subject
to redemption within one year from the date of sale in the same manner
as property is redeemed from the sale for City taxes and if not redeemed
shall in like manner pass to the purchaser.
(Prior code § 9-431)
The Council may annually, at, or prior to, the time the levy
is made, or at such other time as it determines, advance as a loan
or contribution to the redemption fund of said bonds such amount or
amounts as it may from time to time determine.
(Prior code § 9-432)
Except as in this article otherwise provided, all of the provisions
of Article XV shall apply.
(Prior code § 9-433)
