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)
An assessment district shall consist of all territory which,
as determined by the City Council, will be benefited by police services
and is to be assessed to pay the costs therefor.
(Ord. 88-5 4-19-88)
An assessment district may consist of all or any part of the
territory within the City of Inglewood.
(Ord. 88-5 4-19-88)
An assessment district may consist of contiguous or noncontiguous
areas. The services in one area need not be of benefit to other areas.
(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)
"Assessment District" means an assessment district formed pursuant
to this Article.
(Ord. 88-5 4-19-88)
"Clerk" means the City Clerk of the City of Inglewood.
(Ord. 88-5 4-19-88)
"Police Chief" means the Chief of Police of the City of Inglewood.
(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)
"Resolution" includes an ordinance.
(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)
Published notice shall be made pursuant to Section 6061 of the
Government Code.
(Ord. 88-5 4-19-88)
Publication of notice of hearing shall be completed at least
ten days prior to the date of hearing specified therein.
(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)
The Police Chief shall prepare the following reports in accordance with Sections 9-141.1 through 9-141.9 inclusive.
(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;
(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;
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)
Upon completion, the Police Chief shall file the report with
the clerk for submission to the City Council. The City Council may
approve the report, as filed, or it may modify the report in any particular
and approve it as modified.
(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:
(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:
(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)
This Article shall apply to all annual assessments levied after
the formation of an assessment district.
(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)
The City Council shall adopt a resolution which shall generally describe any proposed new services or any substantial changes in existing services and order the Police Chief to prepare and to file a report in accordance with Sections 9-141 through 9-141.9 of this Article.
(Ord. 88-5 4-19-88)
Upon completion, the Police Chief shall file the report with
the City Clerk for submission to the City Council. The City Council
may approve the report, as filed, or it may modify the report in any
particular and approve it as modified.
(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;
(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 notice of hearing by causing the resolution
of intention to be published.
(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)
All contributions authorized prior to the confirmation of an
assessment shall be deducted from the total costs to be assessed within
the assessment district.
(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)
