Unless the context otherwise requires, the provisions of this section shall govern the construction of this chapter. The terms defined in Section 10.68.010 when used in this chapter have the same meanings as in Chapter 10.68.
And includes:
The cost of printing and advertising provided for in this chapter;
Fees of legal, engineering, financial, economic, architectural
and other consultants employed in connection with any district project;
Cost of preparing engineering, environmental impact and other
reports required for any such project;
The cost of any mitigation measures deemed necessary to mitigate
adverse environmental effects of any such project;
The compensation of the person appointed to take charge of and
superintend any of the work;
The expenses of making the special assessment and of preparing
and typing the resolutions, notices and other papers and proceedings
for any work authorized by this chapter;
The expenses of making any analysis and tests to determine that
the work and any materials or appliances incorporated therein comply
with the specifications;
All costs and expenses incurred in carrying out the investigations
and making the reports required by the provisions of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931;
Any other costs and expenses of providing special services to
the district which are of special benefit to the properties in the
district; and
Any other expenses incidental to the acquisition of property
and the construction, completion, inspection, maintenance and operation
of work in the manner provided for in this chapter.
Work done on private property determined in the resolution
of intention to be in the public interest and necessary to the achievement
of the public purposes sought to be accomplished by the project to
include such work in the proceedings. The actual cost of such work
may be assessed against the property on which the work is done.
An annual special benefit assessment levied upon real property
pursuant to this chapter.
(Ord. 4062, 1980)
The Council may undertake proceedings for the formation of an
assessment district and the levy of special assessments and the issuance
of bonds pursuant to this chapter.
(Ord. 4062, 1980)
The Council may adopt a resolution of intention to form an assessment
district and to levy assessments and issue bonds pursuant to this
chapter. Said resolution shall set forth:
A.
The
intention of the Council to acquire or construct parking places, to
form a special parking assessment district, to levy special assessments
and, if intended, to issue bonds under this chapter;
B.
A brief
description of the proposed parking places;
C.
The proposed disposition of the proceeds of the special assessments, pursuant to Section 10.70.150;
D.
The
maximum number of years during which the special assessment is to
be levied, the maximum interest rate to be collected on the special
assessments, and, if bonds are to be issued, the maximum number of
years within which the bonds shall mature, and the maximum interest
rate at which they may be sold; and
(Ord. 4062, 1980)
The Council shall also either conduct proceedings pursuant to division 4 of the Streets and Highways Code of the State of California, or pursuant to Sections 10.68.120 to 10.68.200, inclusive, of this code, or otherwise comply with or avoid the necessity for compliance with said division 4.
(Ord. 4062, 1980)
The report required by Section 10.70.110.E shall consist of
and set forth:
A.
Plans
and drawings of the proposed parking places and related private work
in sufficient detail to identify them;
B.
Maps
and descriptions of lands, easements and rights to be acquired;
C.
A map
showing the boundaries of the proposed special assessment district
to include the properties which, in the opinion of the person preparing
the report, are benefited by such parking places;
D.
An
estimate of cost showing the estimated total principal amount of the
proposed special assessment and the estimated total principal amount
of bonds proposed to be issued, if any. The estimated total special
assessment may include the estimated cost of acquiring or constructing
the proposed parking places and incidental expenses. The estimated
total principal amount of bonds proposed to be issued may include,
in addition to the estimated cost of acquiring and constructing the
proposed parking places and incidental expenses, all costs of the
issuance of said bonds, bond reserve funds and working capital and
bond interest estimated to accrue during the construction period and
for a period of not to exceed 12 months after completion of construction;
and
E.
A proposed
special benefit assessment formula.
|
The report shall show the various data, rates and factors necessary
to compute the annual special assessments under the formula.
|
(Ord. 4062, 1980)
A.
The
special benefit assessment formula required by Section 10.70.130.E
shall be based on the benefits derived and to be derived by the real
property in the proposed district from the parking places.
B.
Such
formula may include a provision for the granting of credits against
special assessments to the extent that private off-street parking
places and facilities shall have been provided for the year by owners
or otherwise on behalf of real property within the district.
C.
The
formula may provide for reasonable classifications of property based
on zoning, land use, ownership and other factors which affect benefits,
including, without limitation, the fact that land is greater than
a fixed distance from a particular parking place or a combination
of distances from parking places at the time of a levy.
D.
The
formula may also be based, in whole or in part, upon parking deficiencies,
determined in accordance with the requirements of the applicable provisions
of the city planning and zoning ordinances, or any other reasonable
and uniform method.
(Ord. 4062, 1980)
The proceeds of the special assessments (other than the amounts
necessary to pay incidental expenses) may be applied to any one or
any combination of two or more of the following purposes and uses:
A.
Payments
on account of the acquisition of the parking places from the owner
thereof, including the city or any other public entity if such be
the case, in the form of contract purchase payments, lease purchase
payments or otherwise, or payment for the cost of construction of
parking places, or both;
B.
Maintenance
and operation of the parking places;
C.
Payment into the bond fund established pursuant to Section 10.70.640 for the payment of principal and interest on the bonds or other obligations to be issued under this chapter to represent and be secured by such special assessments, or
D.
Any
other lawful purpose set forth in the resolution of intention.
(Ord. 4062, 1980)
When the report provided for in Section 10.70.130 is filed with the City Clerk, the City Clerk shall present it to the Council for consideration. The Council may modify it in any respect. The report as modified shall be preliminarily approved and shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as hereinafter provided.
(Ord. 4062, 1980)
After preliminary approval of the report, the Council by resolution
shall appoint a time and place for hearing protests to and testimony
regarding the report, the project and the formation of the district
and shall direct the city clerk to give notice of the hearing as provided
in this chapter, and shall designate a daily or weekly newspaper published
and circulated in the city in which the notice shall be published.
The hearing shall be held not less than 10 days after the passage
of the resolution.
(Ord. 4062, 1980)
After the passage of the resolution of intention, the filing
of the report, and the setting of the time and place for hearing protests,
the City Clerk shall cause notices of the passage of the resolution
to be posted. The notices shall be posted conspicuously on all the
open streets within the proposed district, at not more than 300 feet
apart on each street so posted, but not less than three in all.
(Ord. 4062, 1980)
The notices shall:
A.
Be
headed "notice of proposed formation of parking assessment district"
(naming it), in letters of not less than one-half inch in height;
B.
In
legible characters state the fact and date of passage of the resolution
of intention, the filing of the report, and the time and place set
for hearing the protests and testimony;
C.
Briefly
describe the parking places and the proposed annual special benefit
assessment formula as stated in the report;
D.
Set
forth the estimates of cost as stated in the report; and
E.
Refer
to the resolution of intention and report for further particulars.
(Ord. 4062, 1980)
The City Clerk shall also cause a notice similar in substance to the notice described in Section 10.70.190 to be published twice in the newspaper designated in Section 10.70.170. The notices shall be posted and first published at least 10 days before the date set for hearing the protests.
(Ord. 4062, 1980)
No proceeding shall be held invalid for failure to post any street or streets if Sections 10.70.180, 10.70.190 and 10.70.200 have been substantially complied with.
(Ord. 4062, 1980)
At least 10 days before the date set for hearing of protests,
the City Clerk shall mail, postage prepaid, notices of the adoption
of the resolution of intention and the filing of the report as follows:
A.
To
all persons owning real property proposed to be assessed, whose names
and addresses appear on the last equalized assessment roll for city
taxes, including the utility roll, at said addresses;
B.
In
cases of transfers of land, or part thereof, subsequent to the date
on which the last assessor's roll was prepared, to such transferee,
at his or her name and address, as the same appear on the records
in the assessor's office which the assessor will use to prepare the
next ensuring assessor's roll;
C.
To
each person, including the owner or person having an interest in property
assessed by the state under Section 19 of Article XIII of the California
Constitution, who has filed with the county assessor for the current
fiscal year, a statement of his or her name, address, and a description
of the property owned by him or her, requesting that a notice of all
proposals affecting such property shall be mailed to him or her (Gov.
Code 58905), at said address; and
D.
To
such person at his or her address or as otherwise known to the clerk.
|
In case of doubt as to the name and address of any owner, the
City Clerk shall cause said notice to be conspicuously posted on the
property of such person in the assessment district, at or near the
entrance thereto, so that it will be visible to persons on entering,
leaving or passing said property.
|
(Ord. 4062, 1980)
The notice shall contain the information and statement required by subsections B through E of Section 10.70.190, and a statement that any person interested may file a protest in writing as provided in this chapter.
(Ord. 4062, 1980)
Upon the completion of the mailing of the notices, the City
Clerk shall file with the Council a certificate setting forth the
time and manner of the compliance with the requirements of this chapter
for publishing, posting and mailing notices.
(Ord. 4062, 1980)
The provisions of Sections 3100 and 3101 and 3110 through 3117
of the Streets and Highways Code of the State of California shall
apply.
(Ord. 4062, 1980)
Any interested person may object to the proposed formation and
to the extent of the proposed district, or to the proposed special
assessment or to the proposed acquisitions and improvements, or to
the estimates of cost or to the proposed issuance of bonds by filing
a written protest with the City Clerk at or before the time set for
the hearing. Such protest must contain a description of the property
in which each signer thereof is interested sufficient to identify
the same and, if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied
by written evidence identifying the nature of signer's interest in
such property. The City Clerk shall endorse on each protest the date
of its receipt, and at the same time appointed for the hearing shall
present to the Council all protests so filed.
(Ord. 4062, 1980)
Oral protests, further written protests and written or oral
testimony may be presented at any time prior to the closing of the
hearing and shall be duly considered by the Council in reaching its
decision.
(Ord. 4062, 1980)
Any written or oral protest not made at the time and in the manner provided in Section 10.70.260 or 10.70.270 shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to the proposed district, the extent thereof, the proposed special assessment, the proposed acquisitions and improvements, the proposed issuance of bonds, if any, and any other act, determination, or proceeding on which protest could be made.
(Ord. 4062, 1980)
The Council may remedy, revise, and correct any error or informality
in any act, determination, or proceeding of the Council or any officer
of the city. The Council may confirm, amend, alter, modify, or correct
the report in such manner as to it shall be just and may instruct
and direct the person or board making the same to correct it in any
particular.
(Ord. 4062, 1980)
If the protests filed pursuant to Section 10.70.260 and on file with the City Clerk at the time fixed for hearing are against the proposed district or the proposed acquisitions and improvements and the Council finds that such protests are made by the owners of more than one-half of the area of the land to be assessed and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the Council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the Council. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing.
(Ord. 4062, 1980)
At the hearing the Council shall hear and determine all protests
filed.
(Ord. 4062, 1980)
The Council's decision on the protests shall be final and conclusive.
(Ord. 4062, 1980)
The hearing may be continued from time to time at the discretion
of the Council.
(Ord. 4062, 1980)
At the hearing the Council may alter the boundaries of the proposed
district as it finds to be proper and advisable and shall define and
establish the boundaries, but the Council shall not modify the boundaries
so as to include any territory which will not in its judgment be benefited
by the proposed district or acquisitions and improvements and no territory
shall be excluded from the proposed district which will in the judgment
of the Council be benefited by the proposed district or acquisitions
and improvements.
(Ord. 4062, 1980)
If the Council proposes to make changes in the boundaries of the proposed district or in the acquisitions or improvements, it shall take the proceedings required by Sections 10.70.360 and 10.70.400, inclusive, and shall continue the hearing to the time fixed for hearing objections to the proposed changes.
(Ord 4062, 1980)
The Council shall not change any boundaries except after notice
of intention to do so is published pursuant to Section 6061 of the
Government Code of the State of California in the newspaper in which
the resolution of intention was published. The notice shall specify
a time for hearing objections to the proposed change, which shall
be not less than 10 days after the first publication of the notice.
If a change proposed is to include additional real property in the
district, the City Clerk shall also mail a copy of the notice, postage
prepaid, to each owner to whom real property in the area proposed
to be assessed is shown on the last equalized assessment roll, at
his or her address as shown upon the roll, and to each person, whether
owner in fee or having a lien upon, or legal or equitable interest
in, any such real property, whose name and address and a designation
of the real property in which he or she is interested are on file
in the office of the Clerk. The notice shall be mailed at least 10
days prior to the time set for hearing objections.
(Ord. 4062, 1980)
The provisions of Section 3113 of the Streets and Highways Code
of the State of California shall apply.
(Ord. 4062, 1980)
Written objections to any proposed change may be filed with
the City Clerk by any interested person at any time prior to the hour
set for hearing them.
(Ord. 4062, 1980)
The Council shall hear and pass upon objections to proposed
changes at the time appointed or at any time to which the hearing
may be adjourned. Its decision shall be final.
(Ord. 4062, 1980)
If the boundaries are changed, protests objecting to the formation
of the district or acquisitions and improvements made by owners of
real property excluded by the change shall not be counted in computing
a majority protest as hereinbefore provided, but written protests
objecting to the formation of the district or acquisitions and improvements
made by owners of real property remaining in the district and by the
owners of real property added by the change and filed not later than
the time fixed for hearing objections to such change shall be counted
in computing a majority protest as hereinbefore provided.
(Ord. 4062, 1980)
At the conclusion of the hearing fixed by the resolution of
intention, if no majority protest is on file (or, if on file, has
been overruled by an affirmative vote of four-fifths of the members
of the Council) and if all protests and objections, including protests
and objections to changes, have been overruled and denied, the Council
may proceed further under this chapter and may adopt a resolution
ordering the acquisitions and improvements, approving the report,
declaring that the district is formed and levying the assessment.
Upon such adoption the district is formed and organized and the assessment
is levied.
(Ord. 4062, 1980)
Any objections or protests not made at the time and in the manner
provided in this chapter are deemed waived voluntarily. Proceedings
under this chapter shall not be attacked after the conclusion of the
hearing upon any ground not stated in an objection or protest filed
pursuant to this chapter.
(Ord. 4062, 1980)
A certified copy of the resolution which declares that the district
is formed shall be filed in the office of the City Clerk.
(Ord. 4062, 1980)
No action, proceeding or defense to correct, set aside, cancel,
avoid, annul or otherwise attack any proceedings under this chapter
up to and including the adoption of the resolution declaring the district
formed shall be maintained by any person unless such action, proceeding
or defense is commenced or made within the 30-day period prescribed
by Section 329.5 of the Code of Civil Procedure of the State of California.
The special assessment is levied within the meaning of said section
upon the date of adoption of such resolution. No action, proceeding
or defense to correct, set aside, cancel, avoid, annul or otherwise
attack any proceedings under this chapter taken subsequent to the
date of adoption of said resolution shall be maintained by any person
unless such action, proceeding or defense is commenced or made within
30 days after the conclusion of such proceedings.
(Ord. 4062, 1980)
An action to determine the validity of the district and of the proceedings conducted in connection therewith pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure of the State of California. For such purposes, the district shall be deemed to be in existence upon the date of adoption of the resolution declaring the district formed.
(Ord. 4062, 1980)
If at any time either before or after issuing bonds, the Council so determines, it may at one time or from time to time add to, eliminate, change or otherwise modify any of the proposed acquisitions and improvements after notice and hearing in the same manner as provided in Sections 10.70.340 to 10.70.390, inclusive. The action to order such addition, elimination, change or modification may be taken by majority vote of the Council. No such addition, elimination, change or modification shall be made unless following such hearing the Council shall determine that all of the territory within the district as originally formed or as changed pursuant to Sections 10.70.340 to 10.70.390, inclusive, as the case may be, will be benefited by the acquisitions and improvements remaining after such addition, elimination, change or modification. No such addition, elimination, change or modification shall be made in violation of the provisions of any resolution providing for bonds already issued.
(Ord. 4062, 1980)
If at any time the Council finds that the proceeds of the bonds
first issued will be insufficient to make all of the acquisitions
and improvements described in the resolution approving the project
and to pay the additional items specified in the report may, at one
time or from time to time, issue additional bonds to the extent permitted
by the provisions, conditions and covenants contained in the resolution
providing for the issuance of any bonds previously issued.
(Ord. 4062, 1980)
At any time prior to the issuance of bonds, the Council may change the boundaries of the district after notice and hearing in the same manner as provided in Sections 10.70.340 to 10.70.390, inclusive, but no such change shall be made unless following such hearing the Council shall determine that all of the territory within the district as changed will be benefited by the acquisitions and improvements originally ordered or the acquisitions and improvements as changed pursuant to Section 10.70.460, as the case may be. Any such change in boundaries shall be effected by a resolution amending the resolution declaring the district formed. Proceedings under this section may be combined with proceedings under Section 10.70.460.
(Ord. 4062, 1980)
As used in this chapter (comprising Sections 10.70.490 to 10.70.550, inclusive), the following terms have the following meanings, unless otherwise indicated:
A parking and business improvement area established pursuant
to this chapter, the boundaries of which may be co-extensive with
the boundaries of a special assessment district formed pursuant to
this chapter.
All types of businesses, including professions.
A levy on businesses for the purpose of paying the annual
cost of maintenance and operation of parking places acquired or constructed
pursuant to this chapter.
Part 6, commencing with Section 36500, of Division 18 of
the Streets and Highways Code of the State of California.
The Streets and Highways Code of the State of California.
(Ord. 4062, 1980)
The Council may establish an area pursuant to the law and impose
assessments and charges on businesses in the area and otherwise exercise
all of the powers set forth in the law.
(Ord. 4062, 1980)
The proceedings for the establishment of the area may be conducted concurrently with the proceedings for the formation of a special assessment district under this chapter. The resolution of intention adopted pursuant to Section 10.70.110 may include the information required by Section 36521 of the State Code; the hearing required by Section 36523 of the State Code may be held concurrently with the hearing required by Section 10.70.170; and any changes pursuant to Section 36523 of the State Code may be ordered concurrently with changes ordered pursuant to Section 10.70.350.
(Ord. 4062, 1980)
The Council may establish the area after the hearing by including in the resolution adopted pursuant to Section 10.70.410 all of the information required by Section 36525 of the State Code.
(Ord. 4062, 1980)
The proceeds of assessments levied pursuant to this chapter when bonds have been issued pursuant to this chapter shall be accounted for in the budget provided for in Section 10.70.700, deposited in the bond fund created pursuant to Section 10.70.640 and applied solely to the purposes of such fund. The proceeds of assessments levied pursuant to this chapter when no bonds have been issued shall be accounted for and applied in the same manner as special assessments levied pursuant to this chapter.
(Ord. 4062, 1980)
The proceeds of charges levied pursuant to this chapter shall be deposited in the maintenance fund established pursuant to Section 10.70.640 and applied solely to the purposes of such fund.
(Ord. 4062, 1980)
All of the curative, waiver, conclusive evidence and limitation period provisions of this chapter, including without limitation, the provisions of Sections 10.70.210, 10.70.280, 10.70.290, 10.70.320, 10.70.390, 10.70.420, 10.70.440 and 10.70.450, shall apply to proceedings, assessments and charges conducted and levied pursuant to this chapter.
(Ord. 4062, 1980)
At any time after any district is formed, territory which is
contiguous to any such existing district and which is within the boundaries
of the city may be annexed to any existing district by the Council.
(Ord. 4062, 1980)
Whenever the Council determines that in its opinion additional
territory should be annexed to a district, it may pass a resolution
to that effect.
(Ord. 4062, 1980)
The resolution shall do all of the following:
A.
Identify
the district and describe the boundaries of the territory proposed
to be annexed;
B.
Designate
the proposed annexation by an appropriate number; and
C.
Name
the time and place for the hearing of objections by any person interested
in the proposed annexation, to the inclusion in the district of any
land described in the resolution.
(Ord. 4062, 1980)
The resolution, together with the names of the members of the Council voting for and against it, shall be published, posted, and mailed as provided in Sections 10.70.180, 10.70.200 and 10.70.220, except that in applying such sections the word "district" shall mean the territory proposed to be annexed.
(Ord. 4062, 1980)
On the day fixed for the hearing, or any day to which the hearing
is continued, the Council shall hear and consider any objections presented
to the annexation of the territory to the district or to the inclusion
of any territory proposed to be annexed. At the hearing the Council
shall exclude from the proposed annexation any territory which in
its opinion will not be benefited by such annexation.
(Ord. 4062, 1980)
After making all necessary and proper changes in the boundaries, the Council may, by resolution, order the annexation to the district of all or such part of the territory originally proposed to be annexed as the Council determines will be benefited by such annexation and shall describe the boundaries of the territory annexed. The adoption of such resolution shall have the same force and effect as provided in Section 10.70.410 and an amended boundary map shall be recorded as provided in Section 10.70.370.
(Ord. 4062, 1980)
Upon the adoption of such resolution the territory annexed is
a part of the district and is subject to all the liabilities including
liability for special assessments, and entitled to all the benefits
of the district.
(Ord. 4062, 1980)
A.
Additional
parking places may be acquired and constructed for any district formed
pursuant to this chapter.
B.
Proceedings
may be taken hereunder for such further acquisition or improvement
of public parking facilities for the district and the issuance of
bonds therefor as provided in this chapter. Any such proceedings may
be initiated by the Council. The procedure specified in this chapter
for the formation of a district and the issuance of bonds shall be
followed so far as applicable; provided, however, that the acquisitions
and improvements finally ordered to be made must be ones which the
Council, following the hearing, finds to be of benefit to the district
as originally formed or modified by annexation proceedings theretofore
or concurrently conducted.
C.
Any
bonds issued to finance additional public parking facilities for the
district may in part be secured by revenues from facilities acquired
with the proceeds of bonds previously issued, to the extent that the
allocation and pledge of such revenues to payment of the additional
bonds is not prohibited by the resolution providing for the bonds
previously issued. The revenues from such additional facilities may
be used to pay principal and interest on bonds previously issued to
the extent authorized by the resolution providing for the issuance
of the bonds issued for such additional facilities.
(Ord. 4062, 1980)
A.
The Council may by resolution provide for the issuance of bonds of the district in an amount not exceeding the amount estimated to be necessary to make the proposed acquisitions and improvements, to pay the incidental expenses in connection therewith and the proceedings therefor and to establish a reserve fund for the payment of the principal of and interest on the bonds, and for working capital and interest during the period of construction and for a period of not to exceed 12 months thereafter, less any amount to be contributed by the city for such purposes, all as set forth in the report pursuant to Section 10.70.130.
C.
A special
fund, to be appropriately identified with the project and in this
chapter called the "bond fund," shall be created and maintained for
each issue of bonds. If special assessments or charges or both are
levied to pay the annual costs of maintenance and operation of the
project, a special fund, to be appropriately identified with the project
and in this chapter called the "maintenance fund" shall also be created
and maintained for such project.
D.
All
moneys pledged and assigned or contributed to the payment of the bonds
and the interest thereon, and all special assessments and assessments
levied to pay the bonds and the interest thereon, as hereinafter provided,
shall be deposited in the bond fund for such issue, shall constitute
a trust fund therefor, and shall not be expended for any other purpose.
The proceeds of all annual special assessments levied to pay the costs
of maintenance and operation of the project, together with any other
moneys appropriated or contributed for such purposes, including without
limitation charges levied under article III shall be deposited in
the maintenance fund, shall constitute a trust fund therefor and be
applied solely to such purposes.
(Ord. 4062, 1980)
The bonds may be issued as serial bonds or as term bonds, or
the Council in its discretion, may issue bonds of both types. The
bonds shall be authorized by resolution of the Council and shall bear
such date or dates, mature at such time or times, bear interest at
such fixed or variable rate or rates, be payable at such time or times,
be in such denominations, be in such form either coupon or registered,
carry such registration privileges, be executed in such manner, be
payable in lawful money of the United States of America at such place
or places, and be subject to such terms of redemption as the resolution
or resolutions of the Council may provide. The bonds may be sold at
either a public or private sale and for such prices as the Council
shall determine. Pending preparation of the definitive bonds, the
city may issue interim receipts, certificates, or temporary bonds,
which shall be exchanged for definitive bonds. The Council may sell
any bonds or other evidences of indebtedness at a price below the
par value thereof.
(Ord. 4062, 1980)
Any resolution or resolutions authorizing any bonds or any issue
of bonds may contain provisions respecting any of the following terms
and conditions, which shall be a part of the contract with the holders
of the bonds:
A.
That
the bonds shall state in substance that
1.
The
bond and interest are payable solely from:
a.
The gross or net, as the case may be, revenues from the operation
of the parking place or places acquired and improved with the proceeds,
if such is the case;
b.
The net revenues, or a portion thereof, from parking meters on certain
public ways within the district, if such is the case;
c.
Annual special benefit assessments, to be levied upon real property
in the district, if such is the case; and
2.
Neither
the city nor any of its officers is to be held otherwise liable for
its principal or interest;
B.
That
maintenance and operation of the parking places shall be provided,
and for the fixing and collecting of rentals, fees and charges for
the availability or use of parking facilities, for the establishment
of a maintenance fund and a bond fund into which all revenues derived
from the operation of the parking facilities shall be placed, for
the use of moneys in the respective funds, for payment of the expenses
of operating and maintaining the parking places, for the payment of
the bonds and the interest thereon, or for the establishment and maintenance
of any reserve funds, sinking funds or other funds designed for securing
or paying the bonds and the interest thereon;
C.
Restrictions
on the operation by the city or the district of other facilities for
the public parking of motor vehicles which would compete with the
facilities, the revenues of which are pledged to the payment of the
bonds and the interest thereon;
D.
Provisions
not inconsistent with this chapter, which are necessary or desirable
to carry out its intent and purpose;
E.
That
the provisions of the resolution shall constitute covenants for the
benefit and protection of the holders of the bonds, and any holder
may enforce the covenants by mandamus or other appropriate remedy;
F.
That
any provisions of the resolution, except a provision as to the amount
or time of payment of principal or interest on the bonds, may be later
eliminated or modified by the Council, if the holders of a fixed percentage
of the outstanding bonds have agreed in writing to the elimination
or modification;
G.
That
the proceeds of the sale of the bonds shall be placed in the city
treasury to the credit of the proper district fund and applied exclusively
to the objects and purposes for which the same were issued;
H.
That
the proceeds may be used to pay the interest on the bonds during the
period of construction of any parking place and for a period of 12
months thereafter, except that the total period during which interest
is paid from the proceeds shall not exceed three years from the date
of the bonds;
I.
That
when the acquisitions and improvements have been accomplished, any
unexpended bond proceeds shall be placed in the bond fund for the
payment or securing of the principal and interest of the bonds, or
may be used to pay the cost of additional acquisitions and improvements
for the district, and expenses incidental thereto, pursuant to change
and modification proceedings; and
J.
That
after the bonds and all interest thereon have been fully paid, or
prior thereto to the extent permitted by express provision of the
resolution providing for the issuance of the bonds, all revenues derived
from the operation of the parking places and not required for the
operation and maintenance of the parking places may be used for the
further improvement of the parking places for the benefit of the district,
as the Council may decide. Any excess revenues shall be paid into
the general fund of the city or the fees and charges reduced so that
there will be no excessive revenue.
(Ord. 4062, 1980)
Neither the members of the Council nor any person executing
the bonds shall be liable personally on the bonds or be subject to
any personal liability or accountability by reason of the issuance
thereof.
(Ord. 4062, 1980)
A.
The
city may provide for the issuance of the bonds for the purpose of
refunding any bonds of the city then outstanding including the payment
of any redemption premiums thereof and any interest accrued or to
accrue to the earliest or subsequent date of redemption, purchase,
or maturity of such bonds, and, if deemed advisable by the city, for
the additional purpose of paying all or any part of the cost of additional
off-street parking facilities.
B.
The
proceeds of refunding bonds issued pursuant to this section may in
the discretion of the city, be applied to the purchase or retirement
at maturity or redemption of outstanding bonds, either at their earliest
or any subsequent redemption date or upon the purchase or retirement
at the maturity thereof and, pending such application, that portion
of the proceeds allocated for such purpose may be placed in escrow,
to be applied to such purchase or retirement at maturity or redemption
on such date, as may be determined by the city. Pending use for purchase,
retirement at maturity, or redemption of outstanding bonds, any proceeds
held in such an escrow may be invested and reinvested as provided
in the resolution authorizing the issuance of the refunding bonds.
Any interest or other increment earned or realized on any such investment
may also be applied to the payment of the outstanding bonds to be
refunded. After the terms of the escrow have been fully satisfied
and carried out, any balance of such proceeds and any interest or
increment earned or realized from the investment thereof may be returned
to the city to be used by it for any lawful purpose. That portion
of the proceeds of any bonds issued pursuant to this section which
is designated for the purpose of paying all or any part of the cost
of additional off-street parking places may be invested and reinvested
in obligations of, or guaranteed by, the United States of America
or in certificates of deposit or time deposits secured by obligations
of, or guaranteed by, the United States of America, maturing not later
than the time or times when such proceeds will be needed for the purpose
of paying all or any part of such cost.
C.
All
bonds issued pursuant to this section shall be subject to the provisions
of this chapter in the same manner and to the same extent as other
bonds issued pursuant to this chapter.
(Ord. 4062, 1980)
Bonds issued pursuant to this chapter shall be payable to the extent provided in the resolution providing for the issuance thereof from annual special benefit assessments levied in the manner provided in Sections 10.70.700 to 10.70.970, inclusive.
(Ord. 4062, 1980)
The City Administrator shall annually cause to be prepared a
budget for each bond issue hereunder, which shall include the following:
A.
The
gross amount required to pay the principal of and interest on said
bonds which will become payable before the proceeds of the next succeeding
special assessment levy hereunder become available therefor;
B.
The
balance available therefor at the end of the fiscal year in the bond
fund;
C.
The
amount estimated to become available therefor pursuant to any pledge
and assignment of revenues in the special assessment proceedings from
any revenues which may be provided to be collected by the city on
any parking facilities in or for the district created for said bonds,
which amount shall be provided in the city budget for the fiscal year
for which an annual special assessment is to be levied;
D.
The
amount of revenues to be collected from street parking meters within
or without the district, which have been pledged and assigned for
the servicing of said bonds, which amount shall be provided in the
city budget for the fiscal year for which an annual special assessment
is to be levied;
E.
The
amount of contributions, if any, which the city proposes to make to
the bond fund for the fiscal year for which an annual special assessment
is to be levied, including without limitation assessments under this
chapter, which amount shall be provided in the city budget for the
fiscal year for which an annual special assessment is to be levied;
and
(Ord. 4062, 1980)
A.
The Director of Public Works shall annually prepare a report and an assessment roll apportioning and distributing the amount provided in subsection F of Section 10.70.700, including adequate provision for anticipated delinquencies, as a special benefit assessment on all real property within the district.
C.
As
used in this chapter, "real property" means all land and improvements
which are subject to special assessment for benefits from local improvements
under the State and Federal Constitutions.
D.
The
report shall show the various data, rates and factors necessary to
compute the annual special assessments.
(Ord. 4062, 1980)
If the special assessment roll in the report contains any error
in the description of the land or in any other respect, the list may
be corrected at any time before it is finally approved by the Council.
Any error or change must be accomplished on notice and hearing in
the manner herein provided for modifications, unless such notice is
expressly waived by all of the owners of the property involved in
the change.
(Ord. 4062, 1980)
No error in the special assessment roll shall render the special
assessment of a parcel invalid.
(Ord. 4062, 1980)
When the report has been completed, it shall be signed by the
Director of Public Works, dated and filed with the City Clerk, on
or before May 15th of each year.
(Ord. 4062, 1980)
Said report shall come on regularly for hearing by the Council
at its regular meeting held on the second Tuesday of June in each
year.
(Ord. 4062, 1980)
The City Clerk shall cause notice of the hearing on the report
to be given by publication and by posting.
(Ord. 4062, 1980)
The City Clerk shall cause notice of the hearing on the first
report for any bond issue to be mailed.
(Ord. 4062, 1980)
Notices shall not be required to be mailed to any person as to hearings on subsequent reports, when the report is heard at the time fixed in Section 10.70.750. If, for any reason, the report cannot be heard on said date, the City Clerk shall fix another date and shall mail notice of said hearing. The City Clerk may, but is not required to, mail notices to the owner of a parcel, the zoning, use, ownership or improvement of which has changed in such a manner as to produce a higher special assessment thereon than in the preceding year.
(Ord. 4062, 1980)
The form of notice to be published and posted shall be substantially
as follows:
|
NOTICE OF HEARING ON PARKING SPECIAL ASSESSMENT ROLL RESOLUTION
OF INTENTION NO. _______________
ADOPTED _______________, 20____
|
|
NOTICE IS HEREBY GIVEN that the City Director of Public Works
has caused to be prepared and filed with the City Clerk a report which
provides for levying special assessments on the properties within
the special assessment district created and established for the project
and pursuant to the resolution of intention cited above. Said report
sets forth the amounts proposed to be levied for the fiscal year 20____,
upon the several parcels of real property in the district, which report
is open to public information.
|
|
Said report will be heard by the Council at its meeting to be
held on the _______________ day of _______________, 20____, at the
hour of _______________ o'clock _______________.m., Council Chambers,
City Hall, Santa Barbara, California, at which time said Council will
examine said report and hear all persons interested therein.
|
|
Any person interested, objecting to the amount of the special
assessment on any parcel of real property owned by such person, may
file with the City Clerk, at or before the hour fixed for hearing,
a protest in writing signed by such person, describing the parcel
so that it may be identified, and stating the ground for the protest,
and may appear at said hearing and be heard in regard thereto.
|
(Ord. 4062, 1980)
The form of mailed notice shall be substantially as set forth in Section 10.70.790, but shall also contain a description of the parcel covered by the notice, sufficient to identify it, and the amount of the proposed special assessment against said parcel as set forth in the report.
(Ord. 4062, 1980)
The City Clerk shall endorse on each protest the date it is
filed with the clerk, and shall show whether said protest was filed
prior to the hour fixed for hearing. No protest received after said
hour shall be counted in determining the quantum of protest, but the
Council may, in its discretion, consider said protests in making its
decision.
(Ord. 4062, 1980)
At the time and place fixed for the hearing, or at any time
to which the hearing is adjourned, the council shall
A.
Hear
all persons having an interest in any real property within the district;
B.
Hear
all objections, protests or other written communications from any
persons interested in any real property within the district;
C.
Take
and receive oral and documentary evidence pertaining to the matters
contained in the report;
D.
Remedy
and correct any error or informality in the report, and revise and
correct any of the acts or determinations of any city officers or
employees, as contained therein; and
E.
Amend,
alter, modify, correct and confirm said report and each of the special
assessments therein.
(Ord. 4062, 1980)
The report, together with the certificate of the clerk as to
the fact and date of approval by the Council, shall be delivered,
at or before the time the Council fixes the general city tax rate
for said fiscal year, to the officer designated by law to extend city
taxes upon the tax roll on which they are collected.
(Ord. 4062, 1980)
Said officer shall post to the tax roll the individual amounts
of the special assessment to be collected for said year, as set forth
in said report against the respective parcels of real property shown
in the report.
(Ord. 4062, 1980)
The special assessment shall be levied and collected upon the
last equalized secured and utility tax rolls upon which general city
taxes are collected. It shall be in addition to all other taxes levied
for general city purposes, and shall be levied, entered and collected
together with, and not separate from, general city taxes, and enforced
in the same manner and by the same persons and at the same time and
with the same penalties and interest as are other taxes for city purposes,
and all laws applicable to the levy, collection and enforcement of
taxes for city purposes are made applicable to said special assessment
levy, and the assessed real property, if sold for taxes, shall be
subject to redemption within one year from the date of sale in the
same manner as such real property is redeemed from the sale for general
city taxes and if not redeemed shall in like manner pass to the purchaser.
All of the provisions of the Improvement Bond Act of 1915 relating
to sale of delinquent property are applicable to delinquent special
assessments levied under this section, except that Sections 8804 and
8809 of the Streets and Highways Code shall not apply. The city may
covenant, in the resolution providing for the issuance of bonds, that
it will initiate the foreclosure action therein authorized promptly
upon the occurrence of a delinquency and prosecute such action to
conclusion with due diligence.
(Ord. 4062, 1980)
The lien of the special assessment levied under this section
attaches at the same times and has the same priorities as the lien
for general taxes.
(Ord. 4062, 1980)
The Council may annually, at, or prior to, the time the levy
is made, or at such other time as it shall determine, transfer to
the bond fund or to the maintenance fund such amount or amounts as
it shall determine.
(Ord. 4062, 1980)
If the special assessment formula so provides, public property
(other than tax-deeded property), whether or not used in the performance
of a public function, shall be exempt from the levy of special assessments
under this chapter.
(Ord. 4062, 1980)
If any parcel of property is omitted from the tax roll for any
year, it shall be added at the end of the roll and assessed as contained
in the report. If any property is omitted in any such report it shall
be assessed for the omitted amount in the next year after said omission
is discovered, and appropriate provisions shall be made in the report
for said year.
(Ord. 4062, 1980)
A.
When
any court of competent jurisdiction or the Council, of its own volition,
determines that any levy of special assessment pursuant to this chapter
is void, invalid or unenforceable for any reason, or any court, for
any reason, enjoins the collection of any such special assessment,
the Council may levy a reassessment.
B.
The
engineer's report on reassessment shall be prepared and filed on order
of the Council, notice given, hearing held and reassessment levied
and confirmed, all in the same manner as the original special assessment,
as nearly as may be, except that the formula to be used in the determination
of benefits or the properties subject to special assessment, or both,
may be other and different from that provided in the original report,
if required in order to be consistent with the determinations and
orders of the Council and/or court.
C.
The reassessment shall be collected in the same manner as the original special assessment, except that it is levied too late for inclusion in regular city tax bills, it shall be collected on special bills to be prepared and mailed and collected in the same manner as regular tax bills. Section 10.70.850 shall apply just as if regular city tax bills were used.
D.
The
reassessment provisions of this section are alternative to the reassessment
provisions elsewhere contained in this chapter.
E.
If
any reassessment levied under this section or any other part of this
chapter is held invalid for any reason, the Council may conduct additional
reassessment proceedings under this chapter, or any state law, to
the end that the cost of the project is paid by the properties benefited
thereby.
(Ord. 4062, 1980)
The lien of any reassessment shall attach at the same time and
have the same priority as the lien of the original special assessment.
(Ord. 4062, 1980)
If any invalidity is not in the bonds themselves or in the issuance
thereof, the Council may so declare and conduct a reassessment proceeding
in the same manner as the proceedings for the formation of the original
district, but without the issuance of new bonds. In such event, the
reassessment proceedings shall constitute the proceedings providing
a legal authority for the issuance of the outstanding bonds, and the
bond fund created in any such reassessment proceeding shall constitute
a trust fund for their payment.
(Ord. 4062, 1980)
If the invalidity is in the bonds themselves or in the issuance
thereof, or if the Council shall so determine in the reassessment
proceedings, new bonds shall be issued and exchanged for the outstanding
bonds. The new bonds shall mature in the amounts and at the times
provided for the outstanding bonds, as nearly as may be. If the Council
shall so determine, it may assign different bonds and allot maturities
as it shall deem equitable.
(Ord. 4062, 1980)
The limitation of actions provided in Section 329.5 of the Code
of Civil Procedure is applicable to any attack on or defense against
the collection of the annual special assessment herein provided for.
(Ord. 4062, 1980)
An action to determine the validity of any special assessment district, bonds, special assessments, supplemental assessments, reassessments, contracts or evidences of indebtedness, and of the proceedings conducted in connection therewith pursuant to this chapter, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure of the State of California.
(Ord. 4062, 1980)
Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code of the State of California shall apply to bonds issued pursuant to this chapter, except that the proceeds referred to in Section 5404 of the Government Code shall be used only for some purpose which is of special benefit to the district, including, but not limited to, the payment of or reimbursement for such of the costs and expenses shown in the report as have already been paid or incurred for the benefit of the district and which could have been included in determining the amount of bonds to be issued, or the payment of principal of or interest on bonds previously issued on behalf of the district.
(Ord. 4062, 1980)
Whenever the proceedings for the formation of the district and levy of special assessments have been conducted on the basis that bonds are not to be issued, annual special assessments may be levied and collected in the amounts, and in the manner provided in Sections 10.70.980 to 10.70.990, inclusive.
(Ord. 4062, 1980)
The Council shall adopt a resolution providing for the levy
of special assessments over a period of years without bonds. The resolution
shall provide for and set forth:
A.
The
total principal amount of special assessments to be collected;
B.
The
total number of years during which the special assessment is to be
levied, the amounts of principal to be collected each year and the
interest rate to be applied to the unpaid principal balances and collected;
C.
The
establishment and maintenance of special funds into which the proceeds
of special assessments shall be paid in order to accomplish the purposes
of the proceedings;
D.
Procedures
for collection of special assessments and the interest thereon pursuant
to this chapter; and
E.
Any
other matters deemed necessary to accomplish the collection of the
full amount of the total special assessment with interest over a period
of years in the manner herein set forth.
(Ord. 4062, 1980)
The annual principal payments on the special assessments and the interest on the unpaid principal thereof, as set forth in the resolution adopted pursuant to Section 10.70.980, together with such additional amounts as are required for maintenance and operation of the parking places, shall be levied and collected annually in the manner set forth in Sections 10.70.690 to 10.70.890, inclusive, with suitable changes to accommodate the fact that no bonds have been issued. All of the provisions of Sections 10.70.900 to 10.70.950, inclusive, except insofar as they relate to bonds, shall apply to special assessments collected under this chapter.
(Ord. 4062, 1980)
If any article, section, subsection, sentence, clause, phrase
or word of this chapter is held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
The Council hereby declares that it would have adopted and passed
this chapter and each article, section, sub-section, sentence, clause,
phrase and word hereof, irrespective of the fact that any one or more
of other articles, sections, subsection, sentences, clauses, phrases
or words hereof be declared invalid or unconstitutional.
(Ord. 4062, 1980)
All objections not made within the time and manner provided
are waived.
(Ord. 4062, 1980)
All decisions and determinations of the Council upon notice
and hearing, shall be final and conclusive upon all persons entitled
to appeal, as to all errors, informalities, omissions and irregularities
which might have been avoided, or which might have been remedied and
as to illegalities not amounting to a want of due process of law.
(Ord. 4062, 1980)
This chapter shall be liberally construed in order to effectuate
its purpose. No error, irregularity, informality, omission or illegality,
and no neglect or omission of any officer, in any procedure taken
here-under, which does not directly affect the constitutional jurisdiction
of the Council to order the work or improvement, shall void or invalidate
such proceeding or any special assessment, or charge for the cost
of any work or acquisition or service hereunder. The exclusive remedy
of any person affected or aggrieved thereby shall be by appeal to
the Council in accordance with the provisions hereof.
(Ord. 4062, 1980)
No step in any proceeding shall be invalidated or affected by
any error or mistake or departure from the provisions of this chapter
as to the officer or person posting or publishing or mailing, or procuring
the publication or posting or mailing, of any notice, resolution,
order or other matter when such notice is actually given for the time
required.
(Ord. 4062, 1980)
No assessment, special assessment, charge, reassessment, supplemental
assessment, warrant, diagram or bond, or any of their levy or issuance,
and no proceedings for same, shall be held invalid by any court for
any error, informality, omission, irregularity, illegality or other
defect in the same, where the resolution of intention or notice of
improvement have been actually published as herein provided.
(Ord. 4062, 1980)
No proceeding shall be held to be invalid upon the ground that
the property upon which the work or improvement or part thereof is
to be or was done, had not been lawfully dedicated or acquired, provided
the same shall have been lawfully dedicated or acquired or an order
for immediate possession and use thereof shall have been obtained
at any time before judgment is entered in any legal action.
(Ord. 4062, 1980)
Proceedings for reassessment shall be conducted pursuant to Section 10.70.1080 under any of the circumstances and upon any of the grounds set forth in Section 1 of Ordinance No. 3282, adopted by the Council on March 19, 1968, with respect to:
A.
Any
assessment levied pursuant to this chapter; or
B.
Any
assessment, whether it be ad valorem or fixed lien, and whether levied
pursuant to state law, any city ordinance or any provision of the
Santa Barbara Municipal Code.
(Ord. 4062, 1980)
A.
In
any of the events set forth in Section 1 of Ordinance No. 3282, the
Council shall adopt a resolution directing reassessment proceedings.
Said proceedings may be total or partial and may be conducted concurrently
or in combination with proceedings for changes and modifications in
the acquisitions, improvements, district or proceedings, as authorized
by this chapter or any other Council ordinance or the general law.
Any changes and modifications in any of said matters which are not
authorized in any of said ordinances or laws, and which are deemed
necessary or desirable to establish or confirm the validity of the
contract, project, district, proceedings, assessments or bonds, are
hereby authorized.
B.
Said reassessment proceedings shall be conducted in accordance with the applicable provisions of this chapter providing for the formation of the district and the levy of the assessment except that Section 10.70.120 shall not apply unless compliance therewith is required by the provisions of the State or Federal Constitution. The report required by Section 10.70.130 shall be and constitute the report for the purpose of the reassessment proceedings, and the Resolution of Intention to undertake reassessment proceedings shall provide that the proceedings are being taken under this section.
C.
Except
as in this section otherwise expressly provided, all of the provisions
of Ordinance No. 3282 shall apply.
(Ord. 4062, 1980)
