This Article shall be known and may be cited as the "Inglewood Police Benefit Assessment District Procedural Ordinance."
(Ord. 88-5 4-19-88)
This Article is not exclusive. The Council shall have the power to provide other procedures or to follow procedures and powers now or hereafter provided by charter or general law. The procedures and powers herein are alternative. When proceeding under this Article, its provisions only need be followed.
(Ord. 88-5 4-19-88)
Any resolution, notice, report, diagram or assessment which is required to contain a description of police services, the boundaries of the assessment district or any zones therein, or the lines and dimensions of any lot or parcel of land may, for a full and detailed description thereof, refer to any plan or map which is on file with the clerk, the county auditor, or the county assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description.
(Ord. 88-5 4-19-88)
This Article shall be liberally construed to effectuate its purpose. Any proceedings taken under this Article and any assessment levied pursuant thereto shall not be invalidated for failure to comply with the provisions of this Article if such failure does not substantially and adversely affect the rights of any person. All determinations made by the City Council pursuant to this Article shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.
(Ord. 88-5 4-19-88)
The definitions contained in this Article govern the construction of this Article unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof.
(Ord. 88-5 4-19-88)
"Finance Director" means the Finance Director of the City of Inglewood.
(Ord. 88-5 4-19-88; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
"Fiscal Year" means a twelve-month period commencing on July 1 and ending on the following June 30.
(Ord. 88-5 4-19-88)
"Property Owner" means any person shown as the owner of the land on the last equalized county assessment roll; when such person is no longer the owner, then any person entitled to be shown as owner on the next county assessment roll, if such person is known to the City; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser.
(Ord. 88-5 4-19-88)
"Services" or "Police Services" means those specialized law enforcement activities such as saturation patrol, task force deployment and other tactical operations aimed at the suppression of narcotics and gang activities. Such services shall be over and above those patrol and investigative functions routinely performed by regular units, bureaus and sections of the Police Department and may include stakeouts, intelligence gathering, and inter-agency coordination between the Inglewood Police Department and other municipal, county, state and Federal law enforcement agencies when such activities are carried out in conjunction with the enforcement activities described in this Section. Services referred to herein shall include the costs of all salaries and benefits and all equipment, operating overhead, materials, vehicles, back-up staff, and other costs directly related to the overall work of the unit.
(Ord. 88-5 4-19-88)
The amounts required to be paid as a result of this Article are assessed pursuant to the powers granted under Article III, Section 4 of the Inglewood City Charter and are for the purpose of providing the services defined in Section 9-137.7 above, in order to provide a greater degree of specialized police service protection in the City of Inglewood than now exists.
(Ord. 88-5 4-19-88)
"Notice" means any resolution, order, notice, or other instrument authorized or required by this Article to be published, posted, or mailed.
(Ord. 88-5 4-19-88)
The City Clerk shall give notice or cause the same to be given in accordance with this Article, unless the City Council delegates the duty of giving the notice to some other officer or board.
(Ord. 88-5 4-19-88)
Posted notices, other than of hearings for the formation of an assessment district or for the annexation of territory to an existing district, shall be made by posting upon any official bulletin board customarily used by the City for the posting of notices.
(Ord. 88-5 4-19-88)
Mailed notice shall be sent by first-class mail and deposited, postage prepaid, in the United States mails and shall be deemed given when so deposited. Mailed notice to property owners shall be given by mailing to those persons whose names and addresses appear on the last equalized county assessment roll.
(Ord. 88-5 4-19-88)
Mailed notices of hearings for the formation of an assessment district or for the annexation of territory to an existing district shall be given to owners of property within the proposed assessment district or within the territory proposed to be annexed to an existing district, as the case may be. Mailed notice of those hearings shall be given at least ten days prior to the date of hearing specified herein.
(Ord. 88-5 4-19-88)
A report shall be prepared for each fiscal year for which assessments are to be levied and collected to pay the costs of the services described in the report.
(Ord. 88-5 4-19-88)
A report shall refer to the assessment district by its distinctive designation, specify the fiscal year to which the report applies and, with respect to that year, shall contain:
(1) 
A description of the services to be provided;
(2) 
An estimate of the costs of the services;
(3) 
A diagram for the assessment district;
(4) 
An assessment of the estimated costs of the services.
(Ord. 88-5 4-19-88)
The description of services shall show and describe existing and proposed services. The description shall be sufficient if it shows or describes the general nature and extent of the services. If the assessment district is divided into zones, the description shall indicate the class and type of services to be provided for each such zone. The description may be prepared as a separate instrument or either or both may be incorporated in the diagram as a combined instrument.
(Ord. 88-5 4-19-88)
The estimate of the costs of the services for the fiscal year shall contain estimates for the following:
(1) 
The total cost of the additional police services including police officers, support personnel, equipment and expenses;
(2) 
The amount of any surplus or deficit in the fund to be carried over from a previous fiscal year;
(3) 
The amount of any contributions to be made from sources other than assessments levied pursuant to this Article;
(4) 
The amount, if any, of the annual installment for the fiscal year where the City Council has ordered an assessment for the estimated cost of any services to be levied and collected in annual installments;
(5) 
The net amount to be assessed upon assessable lands within the assessment district, being the total costs, as referred to in Subsection (1), increased or decreased, as the case may be, by any of the amounts referred to in Subsection (2), (3), or (4).
(Ord. 88-5 4-19-88)
The diagram of an assessment district shall show (1) the exterior boundaries of the assessment district, (2) the boundaries of any zones within the district, and (3) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter.
(Ord. 88-5 4-19-88)
The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any lots or parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of such lots or parcels.
(Ord. 88-5 4-19-88)
The assessment shall refer to the fiscal year to which it applies and shall:
(1) 
State net amount, determined in accordance with Section 9-141.4 to be assessed upon assessable lands within the assessment district;
(2) 
Describe each assessable lot or parcel of land within the district;
(3) 
Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the services.
The assessment may refer to the county assessment roll for a description of the lots or parcels, in which case that roll shall govern for all details concerning the description of the lots or parcels.
(Ord. 88-5 4-19-88)
The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
(Ord. 88-5 4-19-88)
As an alternative method of apportionment, the diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location and extent of the services the various areas will receive differing degrees of benefit from the services. A zone shall consist of all territory which will receive substantially the same degree of benefit from the services.
(Ord. 88-5 4-19-88)
Proceedings for the formation of an assessment district shall be initiated by resolution. The resolution shall:
(1) 
Propose the formation of an assessment district pursuant to this Article;
(2) 
Describe the services to be provided;
(3) 
Describe the proposed assessment district and specify a distinctive designation for the district;
(4) 
Order the Police Chief to prepare and file a report in accordance with Sections 9-141 through 9-141.9 inclusive.
The descriptions need not be detailed but shall be sufficient if they enable the Police Chief to generally identify the nature and extent of the services and the location and extent of the assessment district.
(Ord. 88-5 4-19-88)
After approval of the report, either as filed or as modified, the City Council shall adopt a resolution of intention. The resolution shall:
(1) 
Declare the intention of the City Council to order the formation of an assessment district and to levy and collect assessments pursuant to this Article;
(2) 
Generally describe the services to be provided;
(3) 
Refer to the proposed assessment district by its distinctive designation and indicate the general location of the district;
(4) 
Refer to the report of the Police Chief, on file with the clerk, for a full and detailed description of the services, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district;
(5) 
Give notice of, and fix a time and place for, a hearing by the City Council on the question of the formation of the assessment district and the levy of the proposed assessment.
(Ord. 88-5 4-19-88)
The City Clerk shall give notice of hearing by causing the resolution of intention to be published, posted, and mailed as required by law.
(Ord. 88-5 4-19-88)
Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him.
(Ord. 88-5 4-19-88)
The City Council shall hold the hearing at the time and place fixed in the resolution of intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests or communications made or filed by any interested persons.
(Ord. 88-5 4-19-88)
During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the services, the boundaries of the proposed assessment district and any zones therein, and the proposed diagram or the proposed assessment. The City Council may, without further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of additional territory within the district except upon written request by a property owner for the inclusion of his property or upon the giving of mailed notice of hearing to property owners upon the question of the inclusion of their property in the district.
(Ord. 88-5 4-19-88)
Upon the conclusion of the hearing, the City Council shall determine whether a majority protest exists. For that purpose, the extent of the territory of the proposed assessment district shall be adjusted in accordance with any orders excluding territory from or including additional territory within the district.
(Ord. 88-5 4-19-88)
Proceedings for the formation of the assessment district shall be abandoned and may not be renewed for a period of six months from conclusion of the hearing if there is a majority protest unless, by a four-fifths vote of all members of the City Council, the protest shall be overruled. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn represent property owners owning more than fifty percent of the area of assessable lands within the proposed district.
(Ord. 88-5 4-19-88)
If a majority protest has not been filed, or, if filed, has been overruled, the City Council may adopt a resolution ordering the services and the formation of the assessment district and confirming the diagram and assessment, either as originally proposed by the City Council or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to therein.
(Ord. 88-5 4-19-88)
The City Council, either in single proceeding or by separate proceedings, may order one or any combination of the following changes of organization:
(1) 
The annexation of territory to an existing district formed under this Article;
(2) 
The detachment of territory from an existing assessment district formed under this Article;
(3) 
The dissolution of an existing assessment district formed under this Article;
(4) 
The consolidation into a single assessment district formed under this Article of any combination of two or more of any of the following:
a. 
An existing assessment district formed pursuant to this Article,
b. 
Any other district with the same or similar function formed pursuant to the laws of the State of California or any procedural ordinance of the City of Inglewood.
(Ord. 88-5 4-19-88)
Proceedings for a change of organization may be:
(1) 
Undertaken subsequent to or concurrently with proceedings for the formation of an assessment district under Sections 9-142 through 9-143.5. Any or all such proceedings may be conditioned on the completion of any other or all such proceedings;
(2) 
Combined with proceedings for the formation of an assessment district under Sections 9-142 through 9-143.5. In such case, any of the several resolutions, reports, notices, or other instruments provided for in this Article may be combined into single documents.
(Ord. 88-5 4-19-88)
Except as otherwise provided in this Article, proceedings for a change of organization shall be initiated, conducted, and completed in substantial compliance with the procedure provided in this Article commencing with Section 9-142 for the formation of an assessment district.
(Ord. 88-5 4-19-88)
In annexation proceedings, the resolutions, report notices of hearings, and right of majority protest shall be limited to the territory proposed to be annexed. Notice of hearing on the proposed annexation shall be published, posted, and mailed. Mailed notice may be dispensed with as to all property owners who shall have filed a written request for the annexation of their property.
(Ord. 88-5 4-19-88)
In detachment proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be limited to the territory proposed to be detached. The City Council may dispense with:
(1) 
The resolution and report required by Sections 9-142 and 9-142.1 and may initiate proceedings by the adoption of the resolution of intention;
(2) 
Posted and mailed notice of hearing.
(Ord. 88-5 4-19-88)
In dissolution proceedings, the City Council may dispense with the resolution and report required by Sections 9-142 and 9-142.1 and may initiate dissolution proceedings by the adoption of the resolution of intention. The City Council may dispense with posted and mailed notice of hearing. If the City Council orders the dissolution of an assessment district, any moneys in the fund for the district shall be transferred to the general fund of the City.
(Ord. 88-5 4-19-88)
Proceedings shall be taken pursuant to this Article for any fiscal year during which an assessment is to be levied and collected within an existing assessment district.
(Ord. 88-5 4-19-88)
After approval of the report, either as filed or as modified, the City Council shall adopt a resolution of intention. The resolution shall:
(1) 
Declare the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein;
(2) 
Generally describe the existing and proposed services and any substantial changes proposed to be made in existing services;
(3) 
Refer to the assessment district by its distinctive designation and indicate the general location of the district;
(4) 
Refer to the report of the Police Chief, on file with the City Clerk, for a full and detailed description of the services provided, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district;
(5) 
Give notice of the time, as fixed by Section 9-144.5 and the place for hearing by the City Council on the levy of the proposed assessment.
(Ord. 88-5 4-19-88)
The date, hour and place of the hearing is hereby fixed as the date, hour, and place of the first regular meeting in June, as specified in any ordinance, resolution, or order of the City Council fixing the time and place of its regular meetings.
(Ord. 88-5 4-19-88)
The City Clerk shall give mailed notice of hearing to property owners owning lots or parcels in the following categories:
(1) 
Where there is an increase in the amount proposed to be assessed upon any lot or parcel by reason of a change of zone or a change in the formula or method of apportioning the net amount to be assessed upon lands within the assessment district;
(2) 
Where there has been a division of any lot or parcel of land assessed during the previous fiscal year and, as a result thereof, the divided lots or parcels are owned by different persons.
(Ord. 88-5 4-19-88)
Any interested person may, prior to the conclusion of the hearing, file a written protest with the City Clerk or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him.
(Ord. 88-5 4-19-88)
The City Council shall hold the hearing at the time and place specified in the resolution and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests made or filed by any interested person. The City Council may continue the hearing from time to time; provided, that no continuance shall be made to a date subsequent to the following July 1st without the prior consent of the county auditor.
(Ord. 88-5 4-19-88)
During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the services, any zones within the assessment district, and the proposed diagram or the proposed assessment.
(Ord. 88-5 4-19-88)
Upon the conclusion of the hearing, the City Council may adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
(Ord. 88-5 4-19-88)
Hearings upon the formation of an assessment district, upon a change of organization for an existing district or upon the levy of annual assessments after formation of a district shall be concluded and any resolution confirming a diagram and an assessment shall be adopted not later than:
(1) 
July 1st of the fiscal year during which the assessments are to be collected on the county assessment roll; or
(2) 
Such later date, not beyond the third Monday in August, as the county auditor may authorize.
(Ord. 88-5 4-19-88)
Immediately after the adoption of any resolution confirming a diagram and assessment and by not later than the third Monday in August, the City Clerk shall file the diagram and assessment, or a certified copy thereof, with the county auditor.
(Ord. 88-5 4-19-88)
After the filing of the diagram and assessment, the county auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment.
(Ord. 88-5 4-19-88)
The assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
(Ord. 88-5 4-19-88)
After collection by the county, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the Finance Director.
(Ord. 88-5 4-19-88; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Upon receipt of moneys representing assessments collected by the county, the Finance Director shall deposit the moneys in the treasury of the City to the credit of a police service fund for the assessment district from which they were collected, and the moneys shall be expended only for the services authorized for such district.
(Ord. 88-5 4-19-88; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
If there is a surplus or a deficit in the police service fund of an assessment district at the end of any fiscal year, the surplus or deficit shall be carried forward to the next annual assessment to be levied within such district and applied as a credit or a debit, as the case may be, against such assessment.
(Ord. 88-5 4-19-88)
If there is a deficit in the police service fund of an assessment district during any fiscal year, the City Council, from any available and unencumbered funds of the City, may provide for:
(1) 
A contribution to the fund;
(2) 
A temporary advance to the fund and direct that the advance be repaid from the next annual assessments levied and collected within the assessment district.
(Ord. 88-5 4-19-88)
The City Council may accept contributions from any source toward payment of police service costs. The City Council, at any time either before or after the confirmation of the assessment, may provide for contributions towards payment of such costs from the funds of the City. All contributions shall be deposited in the police service fund of the assessment district for which the contribution was provided.
(Ord. 88-5 4-19-88)
The City Council may by resolution determine that the estimated cost of specified proposed services including costs of equipment and personnel is greater than can be conveniently raised from a single annual assessment and order that such estimated cost shall be raised by an assessment levied and collected in installments over a period not to exceed five fiscal years. The resolution shall generally describe the proposed services set forth the estimated cost thereof, specify the number of annual installments and the fiscal years during which they are to be collected, and fix or determine the total amount of each annual installment.
(Ord. 88-5 4-19-88)
After adoption of a resolution providing for annual installment assessments, the Police Chief, in preparing reports required by Sections 9-141 through 9-141.9 of this Article, shall include in the estimate and the assessment for each fiscal year specified in the resolution the total amount of the annual installment fixed or determined for such year.
(Ord. 88-5 4-19-88)
If a resolution providing for annual installment payments has been adopted, in the resolution or subsequent thereto, the City Council may provide for:
(1) 
The accumulation of the moneys collected from the annual installments in the police service fund until there shall be sufficient moneys to pay all or part of the cost of the services described in the resolution;
(2) 
A temporary advance to the police service fund from any available and unencumbered funds of the City to pay all or part of the cost of the services described in the resolution and direct that the advance be repaid from the annual installments levied and collected during the fiscal years designated in the resolution.
(Ord. 88-5 4-19-88)
(a) 
Nothing in this Article shall be construed as permitting the levy of an assessment upon any property when such levy would be in violation of either the Constitution of the United States or the State of California.
(b) 
Assessments permitted pursuant to the authority of this Article shall not be levied upon the Federal government, the state government, any state agency or any local governmental agency or any other firm or entity which is otherwise exempt by the State Constitution or state law from the payment of ad valorem property taxes.
(Ord. 88-5 4-19-88)
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Article are severable, and if any phrase, clause, sentence, paragraph or section of this Article shall be declared invalid by the valid judgment or decree of a court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Article.
(Ord. 88-5 4-19-88)
Ordinance No. 2302 which imposed a fire service fee shall be suspended for fiscal year 1979-80 and shall not again be of any force or effect thereafter until and unless this Section has been repealed by the City Council.
(Ord. 2347 7-31-79)