The definitions contained in this section shall govern the construction
of this chapter unless the context otherwise requires. The definition
of a word or phrase applies to any variants thereof.
Engineer.
The City Engineer, or any other person designated by the
City as the engineer for the purposes of any proceedings under this
chapter, including any officer, official, Councilmember or employee
of the City or any private person or firm specially employed by the
City as engineer for the purposes of this chapter.
Improvement.
The acquisition, installation, construction, extension, reconstruction,
repair, maintenance, operation, servicing or improvement or other
enhancement of any public works, the costs of which acquisition, installation,
construction, extension, reconstruction, repair, maintenance, operation,
servicing, or improvement or other enhancement the City is not otherwise
prohibited from financing by assessments.
Incidental Expenses.
Any or all of the following:
1.
The costs of preparation of any engineer's report, plans, specifications,
descriptions, estimates, maps, diagrams and assessments relating to
any proceeding hereunder;
2.
The costs of printing, advertising and the giving of published,
posted and mailed notices;
3.
Compensation, if any, to reimburse the City or payable to the
county or any other entity, appointed to collect assessments for costs
of collection of assessments;
4.
Compensation of any engineer, attorney or other professional
employed to render services in proceedings pursuant to this chapter;
5.
Any other expenses incidental to an improvement;
6.
The costs of any acquisition of land, rights-of-way, easements,
or other interests therein necessary or appropriate in connection
with an improvement;
7.
The payment in full of all amounts necessary to eliminate any
fixed special assessment liens previously imposed upon any assessment
parcel included in the new benefit assessment district, provided that
such payment shall be included in the new assessment levied pursuant
to this chapter on such parcel; and
8.
Any expenses incidental to the issuance of bonds, notes or other
means of financing improvements, including interest owing for a period
not to exceed the estimated completion of the improvements plus one
year.
Including.
Unless otherwise expressly limited, means including without
limitation and shall not operate to limit the generality of any words
preceding such term or to exclude items dissimilar to those words
following such term.
Property Owner.
Any person shown as the owner of land on the last equalized
county assessment roll, and where land is subject to a recorded written
agreement of sale or conveyance, any person shown therein as purchaser.
Public Agency.
The State or federal government, any city, any city and county,
any county or any other public corporation or entity 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 Service.
The provision of any service to members of the public by
the City, including fire protection, police protection, public transportation,
public parking, parks and recreational areas, highway improvement,
sewage and wastewater treatment, flood protection, drainage, lighting,
electric supply, water supply, gas supply, landscaping, land stabilization,
geologic hazard prevention and control and rubbish collection.
Public Utility.
Any public utility subject to the jurisdiction of and regulated
by the Public Utilities Commission of the State of California.
Public Work.
Any tangible asset used for a public service, a public purpose
or a public purpose incidental to a public service, and includes any
real property or any ownership or leasehold interest therein, including
rights-of-way and easements, necessary or appropriate in connection
therewith, and any use or capacity rights in any of the foregoing.
Resolution.
Includes any formal official action of a public agency, so
denominated, or ordinances thereof.
(Ord. 4472, 1987)
This chapter shall provide a complete, additional and alternative
procedure for accomplishing the acts authorized in this chapter, and
shall be deemed to be supplemental and additional to the powers conferred
by the Constitution of the State of California, the Charter of the
City and other applicable laws. The City may use the provisions of
this chapter instead of, or in conjunction with, any other laws or
methods of financing part or all of the cost of improvements.
(Ord. 4472, 1987)
This chapter shall be liberally construed to effectuate its
purpose. Any proceedings taken under this chapter and any assessment
levied pursuant thereto shall not be invalidated for failure to comply
with the provisions of this chapter if such failure does not substantially
and adversely affect the constitutional rights of any property owner.
The exclusive remedy of any property owner so affected shall be appeal
to the City Council in accordance with the provisions of this chapter.
All determinations made by the City Council pursuant to this chapter
shall be final and conclusive in the absence of fraud or prejudicial
abuse of discretion. All proceedings undertaken by the City pursuant
to this chapter shall be undertaken in accordance with the provisions
of Section 19 of Article XVI of the California Constitution, as such
section may be amended or supplemented from time to time.
(Ord. 4472, 1987)
A benefit assessment district shall consist of all territory
which, as determined by the City Council, will be benefited by the
subject improvements or public works and is to be assessed to pay
the costs thereof.
(Ord. 4472, 1987)
A benefit assessment district may consist of all or any part
of the territory within the City. A benefit assessment district may
consist of contiguous or non-contiguous areas. The improvements in
one area need not be of benefit to other areas.
(Ord. 4472, 1987)
The provisions of Chapter 2 (commencing with Section 5115) of
Part 3 of Division 7 of the California
Streets and Highways Code (as
said provisions may from time to time be amended or supplemented)
pertaining to the extension of the work or the territory of the benefit
assessment district beyond the boundaries of a city, are by this reference
incorporated into this chapter.
(Ord. 4472, 1987)
Any resolution, notice, report, diagram, or assessment which
is required to contain a description of the improvements, the boundaries
of the benefit 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 City Clerk, the county auditor, the county recorder 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. 4472, 1987)
In any proceeding authorized pursuant to this chapter, the City
Council may order any acquisition of land, rights-of-way, easements,
or other interests therein necessary or appropriate in connection
with such improvement, and assess the cost of such acquisition as
a part of the costs of such improvement. The City is authorized to
advance the costs of such acquisition from legally available funds,
and thereafter obtain reimbursement for such advance as a part of
the costs of such improvement. As appropriate, acquisitions may be
accomplished through the exercise of any applicable power of eminent
domain or otherwise.
(Ord. 4472, 1987)
The City Clerk shall give notice or cause the same to be given
in accordance with this section, unless the City Council delegates
the duty of giving the notice to some other person, officer or board.
A. Published
notice, when required, shall be made as provided in Section 6061 of
the California
Government Code, unless otherwise specified.
B. Posted
notice, when required, shall be made by posting a copy of the notice
upon any official bulletin board customarily used by the City for
the posting of notices. Posted notices of hearings for the formation
or consolidation of a benefit assessment district or for the annexation
of territory to an existing benefit assessment district shall be posted
at intervals of not more than 300 feet along all existing streets
within the proposed benefit assessment district or within the territory
proposed to be annexed to or consolidated with an existing benefit
assessment district, as the case may be. Posting of notice of such
hearings shall be completed at least 10 days prior to the date of
hearing specified therein, if applicable.
C. Mailed
notice, when required, shall be sent by first-class mail and deposited,
postage prepaid, in the United States mail and shall be deemed given
when so deposited.
The failure of the City Clerk or any person to whom the duty
of giving notice was delegated to publish, post or mail any notice
or the failure of any person to receive the same shall not affect
in any way whatsoever the validity of any proceedings taken under
this chapter, nor prevent the City Council from proceeding with any
hearing or other action so noticed.
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(Ord. 4472, 1987)
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 chapter, unless the resolution of intention expressly provides
that it shall be assessed.
(Ord. 4472, 1987)
The validity of an assessment levied under this chapter shall
not be contested in any action or proceeding, unless the action or
proceeding is commenced within 30 days after the assessment is levied.
(Ord. 4472, 1987)
An action to determine the validity of the acquisition or improvement of any public work, any assessment or any bonds, notes or other financing instituted pursuant to this chapter may be brought by the City upon authorization of such action by the City Council or by any interested person pursuant to Chapter 9 (commencing with Section 860) of Title
10 of Part 2 of the California
Code of Civil Procedure. For such purposes, the "acquisition or improvement of any public work" or an "assessment" shall be deemed to be in existence upon adoption of the resolution ordering the improvements and confirming the assessment (as described in Section 4.60.100.C of this chapter).
(Ord. 4472, 1987)