If proceedings are had pursuant to SCCC § 16.10.090 through § 16.10.150 upon completion of the work, the person appointed by the City Council to be in charge of the work shall prepare and file with the City Council a declaration that the work has been completed according to the contract therefor, together with an itemized statement of the cost of such work and of the expenses incidental to such proceedings, estimated to the conclusion of such proceedings. The amount of any contribution shall be stated therein as well as the balance for which bonds are to be issued. When the bonds have been issued they shall be delivered to the contractor upon his/her paying to the City any money due it for incidental expenses as stated in the declaration. The City Council may provide in the resolution of intention that the contractor shall be paid in cash from advances to be made to such project or from the proceeds of the sale of the bonds, in which event the bonds shall be issued as provided for the issuance of acquisition bonds.
(Ord. 859; Formerly § 16-128)
If the proceedings are had pursuant to SCCC § 16.10.160 through § 16.10.190 upon the entry of all interlocutory judgments in any eminent domain proceedings brought pursuant thereto, proceedings shall be had substantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the City Council and the proceeds shall be used to pay the costs and expenses of the project.
(Ord. 859; Formerly § 16-129)
If proceedings are had pursuant to SCCC § 16.10.200 through § 16.10.260 in the resolution ordering the acquisitions or improvements the City Council shall determine the estimated cost of such acquisitions and improvements and of the expenses incidental thereof and the total estimated amount of the bonds to be issued. The bonds shall be issued and sold and the proceeds shall be used to pay the costs and expenses of the project.
(Ord. 859; Formerly § 16-130)
If assessment proceedings are had pursuant to SCCC § 16.10.160 through § 16.10.260 and proceedings shall be had for the taking of immediate possession of the property to be acquired, then the person in charge of such proposed acquisitions shall prepare and file with the City an estimate of the amount of money necessary to be deposited in court for immediate possession and proceedings shall be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the City Council shall issue only such amount of additional bonds as is necessary to provide for the additional costs of such project and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto.
(Ord. 859 § 365; Formerly § 16-131)
The City Clerk shall give notice of a time and place of hearing on the declaration filed in relation to the issuance of any bonds to be issued other than pursuant to SCCC § 16.10.200 through § 16.10.260. Such notice shall be published twice in a newspaper of general circulation published in the City, the first of which shall be at least ten days before the date set for hearing.
(Ord. 859 § 366; Formerly § 16-132)
The notice provided in the preceding section shall refer to the resolution of intention in the proceedings for identification, for a description of the work to be done or acquisition or improvements to be had and for the boundaries of the assessment district and such notice shall be given therein to all persons interested that it is proposed to hear the report and issue bonds pursuant to this article and any person feeling aggrieved by any act or determination done or made in such proceedings or claiming that any previous acts or proceedings were irregular, defective, erroneous or faulty or claiming that the work or improvement has not been performed according to the contract in a good and substantial manner or claiming that any portion of the work or improvement for any reason was omitted or illegally included in the contract or having any objections or reasons why bonds should not be issued in the amount set forth in the declaration and statement on file may appear before the City Council at the time and place so fixed by it and be heard.
(Ord. 859 § 367; Formerly § 16-133)
All objections shall be made in writing and signed by the protestant and any grounds not stated therein and filed at or before the time fixed for the hearing shall be deemed waived. The contractor or his/her assigns and any other person interested in such matter may appear and be heard upon any of the matters referred to in such notice. The City Council may confirm, amend, alter, modify or correct the report in such manner as it shall deem just and require the work to be completed according to its directions or those of the persons designated by it therefor.
(Ord. 859 § 368; Formerly § 16-134)
In the City Council's final order upon the hearing or in the resolution ordering the acquisitions or improvements when the proceedings are had pursuant to SCCC § 16.10.200 through § 16.10.260, the City Council shall, by resolution, order the issuance of bonds. The resolution shall state the total principal amount thereof and the amount to mature in each year during their term. The first maturity of the bonds may be postponed for a period not beyond July 2nd on the third calendar year following their date. The bonds may be made to mature on July 2nd over a period not to exceed forty (40) years from their date.
(Ord. 859 § 369; Formerly § 16-135)
The bonds issued as provided in the preceding section shall be in such form, shall be executed by the officers and shall be made payable at such place within or without the State as the City Council shall determine. The bonds shall be negotiable in form and be payable to bearer.
(Ord. 859 § 370; Formerly § 16-136)
An issue of bonds shall constitute all of the bonds issued pursuant to a resolution of intention. Each issue shall be given a serial designation. The City Council may, in its discretion, divide the issue into two or more divisions and fix different dates for the bonds of each division, in which event the bonds of each division shall be made payable at such time as the City Council shall determine. Possession bonds shall constitute a division of an issue. All bonds of an issue shall have equal priority.
(Ord. 859 § 371; Formerly § 16-137)
Semi-annual interest coupons shall be attached to bonds issued pursuant to this article and be made payable on the second days of January and July of each year. The first coupon shall be for interest from their date to the second day of January next succeeding fourth months after the date of such bonds. Provision may be made for the payment of interest from the proceeds of the sale of the bonds for the period of acquisition and construction of the project and for one year thereafter. If upon presentation at maturity, payment of any bond is not made as provided by this article, interest shall continue at the same rate until the principal is paid in full.
(Ord. 859 § 374; Formerly § 16-138)
Bonds issued pursuant to this article are not subject to call or redemption prior to their fixed maturity date unless the right to exercise the call is expressly stated on the face of the bonds. Provision may be made therein for a premium on call.
(Ord. 859 § 372; Formerly § 16-139)
If the proceeds of bonds issued pursuant to this article are, for any reason, less than the cost of the acquisition, improvements and expenses incidental thereto, additional bonds may be issued by filing with the Clerk a declaration or statement of the amount necessary therefor and by giving notice and holding a hearing and determining the amount of bonds to be issued therefor as provided in this article for the issuance of bonds upon declaration, notice and hearing. Such bonds shall be deemed a division of the bonds of the main issue.
(Ord. 859 § 373; Formerly § 16-140)
For each district in which an issue of bonds has been had pursuant to this article, the City Council shall annually, until all of the bonds and interest thereon have been paid in full and at the time of levying the taxes for general City purposes, levy an ad valorem assessment upon all lands within such district except publicly owned property, which levy shall be in an amount clearly sufficient, together with any money which are or may be in the redemption fund and after making adequate allowance for estimated delinquencies, shall pay all of the principal of and interest on such bonds which shall become payable before the proceeds of another such levy shall be available therefor.
(Ord. 859 § 375; Formerly § 16-141)
The ad valorem levy as provided in SCCC § 16.15.195 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, computed, entered, collected and enforced in the same manner, by the same persons, 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 hereby made applicable to such levy and such levy shall be subject to redemption within one year from the date of sale in the same manner as real property is redeemed from the sale for general City taxes and if not redeemed, shall in like manner pass to the purchaser.
(Ord. 859; Formerly § 16-142)
If, in the judgment of the City Council conducting the proceeding, varying benefits are to be derived by the different parcels of land lying within the assessment district so required, the district may be divided into zones according to benefits. The district may be divided into a number of zones up to the total number of parcels of land in the district, as may be deemed necessary and each zone shall be composed of and include all the lands within the district which will be benefited in like measure. The Council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. When the district is divided into such zones, the resolution of intention shall so state, giving such percentages to be raised from the lands in each zone. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the City Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.
(Ord. 859; Formerly § 16-144)
The supplemental remedy provisions of Division 10, Part 13 (entitled "Sale for Delinquency"), Section 8800 et seq. of the Streets and Highways Code of the State of California shall apply. This section is adopted pursuant to Section 43240 of the Government Code of the State of California.
(Ord. 859; Ord. 1104; Formerly § 16-145)
All bonds issued and all taxes levied and collected pursuant to the provisions of this article shall by their issuance be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and determinations in anywise pertaining thereto and after the same are issued, no tax levied or collected for the purpose of paying the principal or interest on such bonds shall be held invalid or illegal or set aside by reason of any error, informality, irregularity, omission or defect in such proceedings not amounting to a want of due process of law.
(Ord. 859; Formerly § 16-146)
When any court of competent jurisdiction shall determine that any contract purporting to have been made or any proceedings, steps or actions purporting to have been taken or any bond issued or any levy of assessment made under this article is void, invalid or unenforceable for any reason or shall for any cause enjoin the issuance of any bonds proposed to be issued under this chapter, such court shall also determine that new bonds shall be issued in the place thereof. The City Council may also order the issuance of new bonds when it shall determine the existence of such voidness, invalidity or unenforceability. In such event the City Council shall cause a declaration to be filed which shall state the amount of any work performed, improvements made, acquisitions had and the expenses incidental thereto and the estimated cost of any to be had. The declaration shall be noticed and heard and new bonds issued as provided for acquisition bonds.
(Ord. 859; Formerly § 16-147)