This Article shall be known and may be cited as the "Inglewood
Improvement District Procedural Ordinance."
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 general law. The procedures and powers herein
are alternative. When proceeding under this Article, its provisions
only need be followed.
An assessment district shall consist of all territory which,
as determined by the City Council, will be benefited by the improvements
and is to be assessed to pay the costs thereof.
An assessment district may consist of all or any part of the
territory within the City of Inglewood.
An assessment district may consist of contiguous or noncontiguous
areas. The improvements in one area need not be of benefit to other
areas.
The provisions of Streets and Highways Code, Chapter 2 (commencing
with Section 5115) of Part 3 of Division 7, pertaining to the extension
of the work or the assessment district beyond the boundaries of a
local agency, are by this reference incorporated in this Article.
The provisions of Streets & Highways Code Divisions 4 (commencing
with Section 2800) and Division 4.5 (commencing with Section 1300)
shall not apply to this Article or proceedings taken pursuant thereto.
Any resolution, notice, report, diagram or assessment which
is required to contain a description of the improvements, 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.
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.
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.
"Assessment district" means an assessment district formed pursuant
to this Article.
"Clerk" means the City Clerk of the City of Inglewood.
"Engineer" means the City Engineer, engineer of the district,
or any other person designated by the City Council as the engineer
for the purposes of this Article, including any officer, board, or
employee of the City or any private person or firm specially employed
by the City as engineer for the purposes of this Article.
"Finance Director" means the Finance Director of the City of
Inglewood.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
"Fiscal year" means a 12-month period commencing on July 1 and
ending on the following June 30.
"Improvement" includes all work and improvements which are for a public purpose or which are necessary or incidental to a public purpose, including, but not limited to, those improvements specified in Section 10-140.
"Incidental expenses" include:
(1)
The
costs of preparation of the report, including plans, specifications,
estimates, diagram, and assessment.
(2)
The
costs of printing, advertising, and the giving of published, posted,
and mailed notices.
(3)
Compensation
payable to the county for collection of assessments.
(4)
Compensation
of any engineer or attorney employed to render services in proceedings
pursuant to this Article.
(5)
Any
other expenses incidental to the construction or installation of the
improvements or to the maintenance and servicing thereof.
"Including," unless expressly limited, means including without
limitation.
"Maintain" or "maintenance" means the furnishing of services
and materials for the ordinary and usual maintenance, operation, and
servicing of any improvement, including:
(1)
Repair,
removal, or replacement of all or any part of any improvement.
(2)
Providing
for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating
for disease or injury.
(3)
The
removal of trimmings, rubbish, dirt, debris, and other solid waste
whether loose or stationary.
(4)
Electric
current or energy, gas, or other illuminating agent for any public
lighting facilities or for the lighting or operation of any other
improvements.
(5)
Water
for the irrigation of any landscaping, the operation of any fountains,
or the maintenance of any other improvements.
"Property owner" means any person shown as the owner of 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.
"Public agency" means the state or Federal governments, any
city, county, or other public corporation formed pursuant to charter,
general law, or special act, for the performance of governmental or
proprietary functions within limited boundaries and any department,
board, commission, independent agency, or instrumentality of any of
the foregoing.
"Public lighting facilities" means all works or improvements
used or useful for the lighting of any public places, including ornamental
standards, luminaries, poles, supports, tunnels, manholes, vaults,
conduits, pipes, wires, conductors, guys, stubs, platforms, braces,
transformers, insulators, contacts, switches, capacitors, meters,
communication circuits, appliances, attachments, and appurtenances.
"Public places" means one or any combination of the following:
(1)
Any public street, place, way, or property, easement, or right-of-way,
open or dedicated to public use, and any property for the immediate
possession and use of which as rights-of-way required for public use,
an order has been obtained in compliance with the provisions of Section
14 of Article I of the State Constitution.
"Public utility" means any public utility subject to the jurisdiction
of and regulated by the Public Utilities Commission.
"Resolution" includes an ordinance.
Whenever in the opinion of the City Council, the public interest or convenience may require, it may order the whole or any portion, either in length or in width, of any one or more of the public places designated in Section 10-139.13 to be improved by or have constructed therein, over or thereon, either singly or in any combination thereof, any of the following:
(1)
Grading. The grading or regrading, the paving or repaying,
the planking or replanking, the macadamizing or remacadamizing, the
graveling or regraveling, the oiling or reoiling thereof.
(2)
Sidewalks and structures. The construction or reconstruction
of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary,
fountains, parks and parkways, recreation areas, including all structures,
buildings, and other facilities necessary to make parks and parkways
and recreation areas useful for the purposes for which intended, culverts,
bridges, curbs, gutters, tunnels, subways or viaducts.
(3)
Sanitary sewers and facilities. Sanitary sewers or instrumentalities
of sanitation, together with the necessary outlets, cesspools, manholes,
catch basins, flush tanks, septic tanks, disposal plants, connecting
sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.
(4)
Drains. Drains, tunnels, sewers, conduits, culverts and
channels for drainage purposes; with necessary outlets, cesspools,
manholes, catch basins, flush tanks, septic tanks, disposal plants,
connecting sewers, ditches, drains, conduits, channels and appurtenances.
(5)
Lighting. Poles, posts, wires, pipes, conduits, tunnels,
lamps and other suitable or necessary appliances for the purpose of
lighting said streets, places or public ways of any such city or property
or rights-of-way owned by any such city, or for the purpose of furnishing
electricity and electric service or telephone service to property
within a city.
(6)
Fire protection. Pipes, hydrants and appliances for fire
protection.
(7)
Water supply. Wells, pumps, dams, reservoirs, storage tanks,
channels, tunnels, conduits, pipes, hydrants, meters or other appurtenances
for supplying or distributing a domestic water supply.
(8)
Gas supply. Mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a domestic
or industrial gas supply.
(9)
Bomb or fallout shelters. The construction or maintenance
of bomb shelters or fallout shelters which are primarily designed
to protect and shelter the population from conventional or nuclear
bomb or missile warhead explosions, shellfire, radiation, and fallout
in the event of an enemy attack.
(10)
Retaining walls; embankments. Retaining walls, embankments,
buildings and any other structures or facilities necessary or suitable
in connection with any of the work mentioned in this Section.
(11)
Landscaping. The installation, planting and/or maintenance
of landscaping, including, but not limited to, the planting of trees,
shrubs or other ornamental vegetation.
(12)
Ornamental structures. The installation, construction, and/or
maintenance of statuary, fountains, and other ornamental structures
and facilities.
(13)
Stabilization of land. Compaction of land, change of grade
or contours, construction of caissons, retaining walls, drains and
other structures suitable for the purpose of stabilizing land.
(14)
Maintenance or servicing. The maintenance or servicing,
or both, of any of the foregoing, including, but not limited to, street
cleaning or sidewalk cleaning whether or not said streets or sidewalks
were originally constructed pursuant to this or any other ordinance
or provision of law.
(15)
Necessary improvements. All other work which may be deemed
necessary to improve the whole or any portion of such streets, places,
public ways, property, easements or rights-of-way owned by such city.
(16)
Auxiliary work. All other work auxiliary to any of the above,
which may be required to carry out the same.
"Notice" means any resolution, order, notice, or other instrument
authorized or required by this Article to be published, posted, or
mailed.
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.
Published notice shall be made pursuant to Section 6061 of the
Government Code.
Publication of notice of hearing shall be completed at least
10 days prior to the date of hearing specified therein.
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.
Posted notices of hearings for the formation of an assessment
district or for the annexation of territory to an existing district
shall be headed "Notice of Improvement" in letters at least one inch
in height. The notices, not less than three in all, shall be posted
at intervals of not more than 300 feet along all streets within the
proposed assessment district or within the territory proposed to be
annexed to an existing district, as the case may be. Posting of notice
of those hearings shall be completed at least 10 days prior to the
date of hearing specified therein.
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.
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 property owners 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 10 days prior to the date of hearing specified therein.
A report shall be prepared for each fiscal year for which assessments
are to be levied and collected to pay the costs of the improvements
described in the report.
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:
The plans and specifications shall show and describe existing
and proposed improvements. The plans and specifications need not be
detailed, but shall be sufficient if they show or describe the general
nature, location, and extent of the improvements. If the assessment
district is divided into zones, the plans and specifications shall
indicate the class and type of improvements to be provided for each
such zone.
The plans or specifications may be prepared as separate instruments
or either or both may be incorporated in the diagram as a combined
instrument.
The estimate of the costs of the improvements for the fiscal
year shall contain estimates for the following:
(1)
The
total improvement costs, being the total costs of constructing or
installing all proposed improvements and of maintaining and servicing
all existing and proposed improvements, including all incidental expenses.
(2)
The
amount of any surplus or deficit in the improvement 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 improvements 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 improvement costs, as referred to in subdivision
(1), increased or decreased, as the case may be, by any of the amounts
referred to in subdivision (2), (3), or (4).
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.
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.
The assessment shall refer to the fiscal year to which it applies
and shall:
(1)
State net amount, determined in accordance with Section 10-142.4 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 improvements.
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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.
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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.
The determination of whether or not a lot or parcel will benefit
from the improvements shall be made pursuant to the Improvement Act
of 1911 (Streets & Highways Code, Division 7, commencing with
Section 5000).
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 improvements, the various
areas will receive differing degrees of benefit from the improvements.
A zone shall consist of all territory which will receive substantially
the same degree of benefit from the improvements.
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 improvements.
(3)
Describe
the proposed assessment district and specify a distinctive designation
for the district.
(4)
Order the engineer to prepare and file a report in accordance with Sections 10-142 through 10-142.9 inclusive.
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The descriptions need not be detailed but shall be sufficient
if they enable the engineer to generally identify the nature, location,
and extent of the improvements and the location and extent of the
assessment district.
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Upon completion, the engineer 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.
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 improvements.
(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 engineer, on file with the clerk, for a full
and detailed description of the improvements, 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.
The City Clerk shall give notice of hearing by causing the resolution
of intention to be published, posted, and mailed.
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.
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.
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 improvements, 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 or her 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.
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.
Proceedings for the formation of the assessment district shall
be abandoned and may not be renewed for a period of 6 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 50% of the area of assessable lands
within the proposed district.
If a majority protest has not been filed, or, if filed, has
been overruled, the City Council may adopt a resolution ordering the
improvements 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 in the assessment.
The City Council, either in a 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:
Proceedings for a change of organization may be:
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 10-143 for the formation of an assessment district.
In annexation proceedings, the resolutions, report notices of
hearing, 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.
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:
In dissolution proceedings, the City Council may dispense with the resolution and report required by Sections 10-143 and 10-143.1 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 improvement fund for the district shall be transferred to the general fund of the City.
This article shall apply to all annual assessments levied after
the formation of an assessment district.
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.
Upon completion, the engineer 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.
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 improvements and any substantial
changes proposed to be made in existing improvements.
(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 engineer, on file with the City Clerk, for a
full and detailed description of the improvements, the boundaries
of the assessment district and any zones therein, and the proposed
assessments upon assessable lots and parcels of land within the district.
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.
The City Clerk shall give notice of hearing by causing the resolution
of intention to be published and posted.
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.
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 or her.
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.
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 improvements, any zones within the
assessment district, and the proposed diagram or the proposed assessment.
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.
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:
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.
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.
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.
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. 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 an improvement fund for the assessment
district from which they were collected, and the moneys shall be expended
only for the improvements authorized for such district.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
If there is a surplus or a deficit in the improvement 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.
If there is a deficit in the improvement fund of an assessment
district during any fiscal year, the City Council, from any available
and unencumbered funds of the City, may provide for:
The City Council may accept contributions from any source toward
payment of improvement costs. The City Council, at any time either
before or after the confirmation of the assessment, may provide for
contributions towards payment of improvement costs from the funds
of the City. All contributions shall be deposited in the improvement
fund of the assessment district for which the contribution was provided.
All contributions authorized prior to confirmation of an assessment
shall be deducted from the total improvement costs to be assessed
within the assessment district.
The City Council may by resolution determine that the estimated
cost of specified proposed improvements, including costs of maintenance
and servicing, 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 improvements, 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.
After adoption of a resolution providing for annual installment assessments, the engineer, in preparing reports required by Sections 10-142 through 10-142.9 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.
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 improvement fund until there shall be sufficient moneys to
pay all or part of the cost of the improvements described in the resolution.
(2)
A
temporary advance to the improvement fund from any available and unencumbered
funds of the City to pay all or part of the cost of the improvements
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.
Public property owned by any public agency and in use in the
performance of a public function shall not be subject to assessment
under this Article unless the resolution of intention expressly provides
that it shall be assessed. If the resolution provides that public
property shall be assessed, the local agency conducting the proceedings
shall be liable for payment of all amounts so assessed. Any such amounts
shall be payable from the general fund of the City unless the resolution
of intention designates some other fund. To the extent that any such
amounts are paid by the public agency owning the public property,
the City conducting the proceedings shall not be liable therefor.
The City Council, by contract or otherwise, shall provide for
the performance of all work ordered by it pursuant to this Article,
including the construction and installation of any improvements or
the furnishing of maintenance or service.
All or any part of the improvements may be constructed, installed,
or owned and all or any part of the maintenance and servicing of any
of the improvements may be provided by one or any combination of any
of the following:
The City, by contract made with another public agency or with
a public utility, may provide for the construction, installation,
or ownership of any improvements or for the furnishing of maintenance
or service for any improvements. Any contract with another public
agency shall be made in compliance with all laws applicable to the
other public agency and to the City. Any contract with a public utility
shall be made in compliance with and subject to all tariffs, rules,
and rate schedules of the public utility on file with and approved
by the Public Utilities Commission. Except as otherwise provided in
this Section, a contract may contain such provisions as may be agreed
upon by the City and the other public agency or the public utility,
as the case may be.
Except for any work provided for by contract made pursuant to Section 10-148.2, the City Council shall provide for the construction or installation of all improvements and/or for the furnishing of maintenance and service for any improvements whether or not constructed, installed or repaired by virtue of this Article in accordance with and subject to all laws applicable to the city, including any laws requiring the letting of contracts after competitive bidding.
The City Council may (1) provide for the construction or installation
of any improvements authorized by this Article by proceedings taken
pursuant to any other special assessment law or any procedural ordinance
of the city, and (2) provide for the maintenance or servicing of any
improvements by proceedings taken pursuant to this Article. The proceedings
may be taken separately or combined. If combined, any of the several
resolutions, reports, notices or other instruments provided for in
this Article may be taken separately or combined. If combined, any
of the several resolutions, reports, notices or other instruments
provided for in this Article may be combined with those provided for
in the other special assessment law or procedural ordinance.
