Loading...
If, at the conclusion of the protest hearing, the city council finds that the votes cast by property owners within the boundaries of the proposed maintenance assessment district in favor of the assessment district exceed the votes cast by property owners against the assessment district when weighted in the manner required by this chapter, and, in addition, finds that establishment of the district otherwise complies with the requirements of law and is warranted, the city council shall adopt a resolution approving and establishing the assessment district, and such findings shall be final and conclusive as to all persons. If, on the other hand, the city council finds either that the votes cast by property owners within the boundaries of the proposed maintenance assessment district against the assessment district exceed the votes cast by property owners in favor of the assessment district when weighted in the manner required by this chapter, that establishment of the assessment district does not comply with the requirements of law, or that establishment of the assessment district is otherwise not warranted, the city council shall, by motion, abandon further proceedings on the assessment district.
(Ord. 2129)
Upon adoption of a resolution approving the establishment of a maintenance assessment district pursuant to the provisions of this chapter, the city clerk shall cause a notice of the assessment substantially in the form provided for by subpart A through subpart G of section 3.81.130 of this chapter to be recorded in the office of the Butte County recorder whereupon all persons shall be deemed to have notice of the establishment of the assessment district.
(Ord. 2129, Ord. 2151 §6)
At any time following the establishment of a maintenance assessment district in the manner provided by this chapter, the city council may modify such assessment district either by changing the boundaries of the assessment district, by changing the type or scope of public improvements to be operated and maintained with annual assessment district revenues, or by changing the method of apportioning the costs of operating and maintaining such improvements among the various lots and parcels within the boundaries of the assessment district.
(Ord. 2129)
Proceedings to modify a maintenance assessment district following establishment of the assessment district in the manner provided by this chapter shall be initiated by the city council by the adoption of a resolution of intention to make such modification. In such resolution, the city council shall identify the maintenance assessment district being modified, shall describe, with particularity, the nature of the modification, shall set a time and place for a hearing on the modification, and shall include a statement that all owners of property which are or will be included within the boundaries of the modified assessment district may protest or otherwise be heard on the modification.
(Ord. 2129)
Proceedings to modify a maintenance assessment district established by the city council in the manner provided by this chapter shall be conducted in the same manner provided by this chapter for the initial establishment of an assessment district following adoption by the city council of a resolution of intention to establish the assessment district.
(Ord. 2129)
At any time following the establishment of a maintenance assessment district in the manner hereinbefore provided by this chapter, the city council may dissolve such district. Proceedings to dissolve a maintenance assessment district shall be initiated by the city council by adoption of a resolution of intention to dissolve the assessment district. In such resolution of intention, the city council shall identify the maintenance assessment district being dissolved, shall set forth the reasons for the dissolution, and shall set forth the date, time and place for a hearing at which any owner of property within such district may object to such dissolution. At least ten days prior to the date of a hearing on the dissolution of a maintenance assessment district, the city clerk shall serve a notice of the hearing on each owner of property within the boundaries of the assessment district. If, at the conclusion of the hearing on the proposed dissolution of a maintenance assessment district, the city council determines that dissolution of the assessment district is warranted, the council shall adopt a resolution ordering the assessment district dissolved.
(Ord. 2129)
If, on the first day of the city fiscal year commencing on July 1st following the establishment of a maintenance assessment district in the manner provided by this chapter, and on the first day of each fiscal year thereafter that the assessment district remains in effect, there is an increase in the cost of operating and maintaining the public improvements to be funded with assessment district revenues, as measured by an increase in the consumer price index during such period of time, then the total annual assessment levied against all properties within the assessment district, as well as the proportional annual assessment levied against each lot or parcel within the boundaries of the assessment district shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in such costs and the amount of the increase in such assessments which is proportional to the increase in such costs shall be made by the director and shall be based exclusively on the percentage increase during such period of time in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers - U.S. Cities Average (all items) or such other measure employed by the U.S. Department of Labor Statistics in lieu of such consumer price index which measures the cost of living in U.S. cities.
(Ord. 2129, Ord. 2364 §71)
If, on first day of the city fiscal year commencing on July 1st following the establishment of a maintenance assessment district in the manner provided by this chapter, and on first day of each fiscal year thereafter that the assessment district remains in effect, the total annual assessment levied during the preceding fiscal year exceeded the actual cost of operating and maintaining the public improvements to be funded with assessment district revenues during such preceding fiscal year, then the total annual assessment levied against property within the assessment district during the ensuing fiscal year shall be reduced by a credit equal to the difference between the total annual assessment levied during the preceding fiscal year and the actual cost of operating and maintaining the public improvements to be funded with assessment district revenues during such preceding fiscal year. In particular, the total annual assessment levied against all property within the maintenance assessment district shall be reduced during the ensuing fiscal year, and only during the ensuing fiscal year, by an amount equal to the difference between the total annual assessment levied during the preceding fiscal year and the total cost of operating and maintaining the public improvements to be funded with assessment district revenues during such preceding fiscal year, and the annual assessment levied against each individual lot or parcel within the boundaries of the assessment district shall be reduced during the ensuing fiscal year, and only during such ensuing fiscal year, by a portion of such amount which is calculated by the director using the method of apportionment set forth in the city engineer’s report as approved by the city council at the time the district was established.
(Ord. 2129, Ord. 2364 §72)
On July 1st of each year following the establishment of a maintenance assessment district pursuant to the provisions of this chapter or as soon thereafter as practical, the director shall prepare a register of all assessments having been levied within an assessment district established pursuant to the provisions of this chapter. Such register shall identify each maintenance assessment district established pursuant to the provisions of this chapter by its number or other designation, and shall set forth the assessor’s parcel number of every lot or parcel of real property within the boundaries of each such assessment district, the name and address of the owner or owners of such lot or parcel if required by the Butte County auditor, and the amount of the annual assessment levied against such lot or parcel during the current tax year as adjusted for inflation and prior year credits in the manner required by this chapter. Upon completion of such register, the director shall file same with the Butte County auditor with a request that the assessments be added to the secured tax roll for the current fiscal year.
(Ord. 2129, Ord. 2364 §73)
Upon receipt of the annual register of maintenance district assessments prepared by the director in the manner required by this chapter, the county auditor shall cause the maintenance district assessments set forth in the annual register to be added to the secured tax roll of the County of Butte. Thereafter, all such maintenance district assessments shall be paid and collected in the same manner and at the same time as the general taxes of the county on real property are paid and collected, and such assessments shall become delinquent at the same time and bear the same proportionate penalties and interest after delinquency as do the general taxes of the county on real property.
(Ord. 212, Ord. 2364 §74)