Loading...
A. The city manager is authorized, on behalf of the city, to enter into agreements with property owners whereby the city will permit the water pollution control plant capacity fees, trunkline capacity fees, and sewer main installation fees provided for by Title 15 of this code to be paid in installments over a period not to exceed five years and the property owners will agree to make such payments and encumber their property with covenants, running with the land, which consent to the imposition of an assessment lien to cover the remaining balance (and interest accrued and to accrue thereon) of such fees together with an appropriate share of the incidental costs of assessment district proceedings and waiving all rights of protests, objection, and litigation against such assessment and such proceedings.
B. As to property owners who have entered into agreements as described in subpart A of this section, the city may, from time to time and in its discretion, form assessment districts which consist only of the properties subject to such agreements for the purpose of paying the outstanding principal balances together with accrued interest of the sewer system fees due under such agreements, plus the incidental costs associated with the assessment district proceedings.
(Ord. 1586 §11 (part))
At the time an assessment district is formed for the purpose of constructing and installing sewer mains, the council may, in its resolution of intention initiating such assessment district proceedings, also authorize the construction and installation of any sewer laterals which may be necessary to connect a building or structure on property located within the boundaries of the assessment district to the city's sewer mains, provided that the owner of such property has filed a written request for the construction and installation of such sewer laterals within the time set forth in such resolution. When so authorized, the council shall cause the construction and installation of a sewer lateral on any property within the assessment district whose owner has requested same in a similar manner as that provided for the construction and installation of the sewer mains and shall also cause an assessment lien to be levied against such property in an amount equal to the cost of constructing and installing such sewer lateral, in a similar manner as that provided for the assessment of the benefits to be derived from such property from the construction and installation of the sewer mains.
(Ord. 1586 §11 (part))
The council may utilize the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the state of California, excepting Sections 5850 to 5853, inclusive, as those provisions pertain to maintenance districts established by the legislative body of a city, or the council may utilize the provisions of this chapter. Use of the provisions of this chapter does not preclude the application of provisions of the general law not inconsistent herewith.
(Ord. 1586 §11 (part))
The council may, in its resolution declaring its intention to order work done or improvements made or acquired in proceedings for that purpose, or it may, by separate resolution in proceedings for the sole purpose of establishing a maintenance district, declare its intention to order that the costs and expenses of maintaining and operating specified public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items deemed reasonably necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly upon such property as the council shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained and operated; the amounts so assessed to be collected in the same manner and by the same county officers as the taxes for general city purposes are collected.
(Ord. 1586 §11 (part))
The purpose of this chapter is to provide an alternative procedure by which the council may provide funding for the whole or any part of the costs and expenses of maintaining and operating specified public improvements of a local nature, payable from annual benefit assessments to be apportioned among the several lots or parcels of property within the maintenance district established therefor in conformity with a method of apportionment which is to be determined in the proceedings in which jurisdiction is provided therefor.
(Ord. 1586 §11 (part))
The resolution of intention to order work done or improvements made or acquired or the separate resolution, if adopted pursuant to Section 3.80.460 of this chapter, shall contain a statement of the method by which such annual benefit assessments will be apportioned according to estimated benefits among the several lots or parcels of property within the maintenance district to be established therefor. The method of apportionment prescribed shall be such that its application shall constitute a ministerial act, not involving the exercise of discretion, and said method may prescribe a maximum rate of annual benefit assessment to be levied for such purpose. Such resolution of intention shall also set a time and place for a hearing on the establishment of a maintenance district and shall include a statement that all owners of property subject to the proposed assessment may protest or be heard at such hearing as to the establishment of the district, the boundaries thereof, the fairness of the method of apportioning costs and any other matter relating to the proposed assessment of or the administration of the assessment district.
(Ord. 1586 §11 (part))
Loading...