Chapter 3.80
SPECIAL ASSESSMENT DISTRICT FINANCING
Section:
ARTICLE I. GENERAL PROVISIONS
3.80.010   Conduct of proceedings.
3.80.020   Conflicting provisions.
3.80.030   Chapter not exclusive.
3.80.040   Adoption of chapter authorized by Charter.
3.80.050   Liberal construction of chapter.
3.80.060   Definitions.
3.80.070   Multiple acquisitions and improvements.
3.80.080   Documents - Place and time for posting.
3.80.090   Certificate of officer giving notice.
3.80.100   Assessment of utility property.
3.80.110   Interest rates on bonds.
ARTICLE II. FINDING OF “PUBLIC CONVENIENCE AND NECESSITY” EXCUSING COMPLIANCE WITH SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
3.80.120   Procedure authorized.
3.80.130   Resolution of preliminary determination - Hearing.
3.80.140   Notice of hearing.
3.80.150   Filing of objections.
3.80.160   Protests.
3.80.170   Findings and action of council.
ARTICLE III. ADAPTATION OF MUNICIPAL IMPROVEMENT ACT OF 1913
3.80.180   Application.
3.80.190   Bonds.
3.80.200   Payments.
3.80.210   Actions in eminent domain.
3.80.220   Surplus.
3.80.230   Waiting period.
3.80.240   Waiver of hearing.
3.80.250   Payment for dedicated rights-of-way.
ARTICLE IV. ADAPTATION OF IMPROVEMENT BOND ACT OF 1915
3.80.260   Application.
3.80.270   Obligations of city.
3.80.280   Tax levy.
ARTICLE V. MODIFICATIONS OF ASSESSMENT DISTRICTS
3.80.290   Authority of council.
3.80.300   Notice of changes.
3.80.310   Protests.
3.80.320   Placing changes into effect.
ARTICLE VI. SUPPLEMENTAL ASSESSMENTS
3.80.330   Generally.
3.80.340   Method of levy.
3.80.350   Notice - Protest - Confirmation.
ARTICLE VII. REASSESSMENT PROCEDURE
3.80.360   Generally.
3.80.370   Made on demand of bondholders or council - Methods.
ARTICLE VIII. CURATION
3.80.380   Waiver.
3.80.390   Decisions and determinations of council final.
3.80.400   Notice to pay assessment.
ARTICLE IX. FINANCING OF SEWER SYSTEM FEES AND THE COST OF SEWER LATERALS
3.80.410   Findings.
3.80.420   Financing of sewer system fees.
3.80.430   Financing of the cost of constructing and installing sewer laterals.
ARTICLE X. ESTABLISHMENT OF MAINTENANCE DISTRICTS
3.80.440   Applicable general law.
3.80.450   Council powers.
3.80.460   Purpose.
3.80.470   Resolution of intention.
3.80.480   Notice of hearing.
3.80.490   Protests.
3.80.500   Hearing.
3.80.510   Initial modification.
3.80.520   Majority protest.
3.80.530   Final determination.
3.80.540   Subsequent modification.
3.80.550   Initiation of proceedings to make subsequent modification.
3.80.560   Conduct of proceedings on subsequent modification.
3.80.565   Dissolution of maintenance districts.
3.80.570   Annual report of the director of public works.
3.80.580   Notification of amount to be levied; limit on amount to be levied.
3.80.620   Filing of annual report with county auditor.
3.80.640   Collection of maintenance district assessments on secured tax roll.
3.80.650   Omitted property.
3.80.660   Waiver of protest rights.
ARTICLE I. GENERAL PROVISIONS
3.80.010   Conduct of proceedings.
   The council shall have the powers granted to the legislative bodies of general law cities and counties pursuant to the Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, and the Landscaping and Lighting Act of 1972, and all other general statutes of the state of California providing for the levy of special assessments to finance the construction, acquisition or maintenance of public improvements, subject to and supplemented by the provisions of this chapter.
(Ord. 1586 §1 (part))
3.80.020   Conflicting provisions.
   The provisions of this chapter shall be controlling to the extent that they are in conflict with the provisions of any general law.
(Ord. 1586 §11 (part))
3.80.030   Chapter not exclusive.
   This chapter 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.
(Ord. 1586 §11 (part))
3.80.040   Adoption of chapter authorized by Charter.
   This chapter is adopted pursuant to the municipal affairs provision of the Charter.
(Ord. 1586 §11 (part))
3.80.050   Liberal construction of chapter.
   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 hereunder, which does not directly affect the jurisdiction of the council to order the work or improvement, shall void or invalidate such proceeding or any assessment for the cost of any work or acquisition under this chapter. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this chapter.
(Ord. 1586 §11 (part))
3.80.060   Definitions.
   Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the construction of the words and phrases used in this chapter.
   A.   Public Improvement. The term “public improvement” shall mean all acquisitions and improvements authorized by the Improvement Act of 1911, the Municipal Improvement Act of 1913, and all other general statutes of the state of California providing for the levy of special assessments to finance the construction, acquisition, or maintenance of public improvements.
   B.   Incidental Expenses. The term “incidental expenses” shall include the following expenses when incurred in connection with assessment district proceedings:
      1.   All expenses necessarily incurred for the publication, mailing, and posting of resolutions, orders, or notices which are adopted, made or given as part of such proceedings;
      2.   All expenses incurred for clerical, stenographic, or printing services rendered during such proceedings;
      3.   All expenses incurred for plats, title searches, or title reports required for such proceedings;
      4.   The compensation paid to all attorneys, engineers, and appraisers employed for such proceedings;
      5.   The fees charged by the city for services provided as part of such proceedings including administrative fees, plan and specification review fees, inspection fees, and such other fees established by resolution of the council;
      6.   The cost of any action in eminent domain (or action in inverse condemnation) filed incident to such assessment district proceedings, including all attorney’s fees and other costs incurred in prosecuting (or defending) such eminent domain action and all sums awarded as just compensation or as litigation expenses at the conclusion of such eminent domain action;
      7.   The estimated cost of preparing and selling assessment district bonds;
      8.   Any other expenses incurred in connection with assessment district proceedings.
(Ord. 1586 §l (part))
3.80.070   Multiple acquisitions and improvements.
   One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding.
(Ord. 1586 §11 (part))
3.80.080   Documents - Place and time for posting.
   All documents required to be posted, other than a notice of improvement, shall be posted on a bulletin board at or near the council chamber doors for not less than five days.
(Ord. 1586 §1 (part))
3.80.090   Certificate of officer giving notice.
   The certificate of the city clerk or officer giving the notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.
(Ord. 1586 §11 (part))
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