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In any proceeding for the making of an improvement authorized pursuant to this Chapter, the City Council may order any acquisition of land, rights-of-way or easements necessary or appropriate in connection with such improvement, and assess the cost of such acquisition as a part of the incidental expenses of such improvement. The City is authorized to advance the costs of such acquisition from its general funds and thereafter reimburse such general funds as a part of the incidental expenses of such improvement. As appropriate, acquisition may be accomplished through the power of eminent domain, commencing with Cal. Code Civ. Proc. § 1230.010.
('65 Code, § 33I-8) (Ord. No. 87-012 § 1)
The definitions contained in this Section govern the construction of this Chapter unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof.
BENEFIT ASSESSMENT DISTRICT. An assessment district formed pursuant to this Chapter.
CLERK. The City Clerk of the City of Culver City.
ENGINEER. The City Engineer of the City of Culver City or any other person designated by the City Council as the engineer for the purposes of this Chapter, including any officer, board, or employee of the City or any private person or firm officially employed by the City as engineer for the purposes of this Chapter.
FISCAL YEAR. The twelve-month period commencing on July 1 and ending on the following June 30.
IMPROVEMENT. The acquisition, installation, construction, operation, maintenance, servicing or incidental expenses of any public works which the City is otherwise authorized to construct, install, maintain, or service, including the whole or any portion, either in length or in width, of any one or more of the streets, places, public ways, or property, easements, or rights-of-way, open or dedicated to public use, and any property for which an order for possession prior to judgment has been obtained, to be improved by or have constructed therein, over, or thereon, either singly or in any combination thereof, any of the following:
1. The grading or regrading, the paving or repaving, or the graveling or regravelingthereof.
2. The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, and other ornamental structures, parks and parkways, recreation areas, including all structures, buildings, and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended, culverts, bridges, walls, curbs, gutters, tunnels, subways, or viaducts.
3. Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels, or other appurtenances.
4. Drains, tunnels, sewers, conduits, culverts, and channels for drainage and/or stormwater and flood control purposes, together with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances, including systems designed to remove trash or other contaminants from storm water.
5. Poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances for the purpose of lighting the streets, places, or public ways of the City or property or rights-of-way owned by the City, or for the purpose of furnishing electricity and electric service, telephone service or similar utility service to property within the City.
6. The conversion of existing overhead electric and communication facilities to underground locations.
7. Pipes, hydrants, and appliances for fire protection.
8. Wells, pumps, dams, reservoirs, storage tanks, channels, tunnels, conduits, pipes, hydrants, meters, or other appurtenances for supplying or distributing a domestic water supply.
9. Mains, services, pipes, fittings, valves, regulators, governors, meters, drips, drains, tanks, ditches, tunnels, conduits, channels, or other appurtenances for supplying or distributing a domestic or industrial gas supply.
10. Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this Section.
11. The installation, replacement or planting of landscaping, trees, shrubs, or other ornamental vegetation.
12. Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains, and other structures suitable for the purpose of stabilizing land.
13. The installation or construction of public lighting facilities, including, but not limited to street lighting and traffic signals.
14. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of water, stormwater, irrigation, drainage, or electrical facilities.
15. The installation of park or recreational improvements, including, but not limited to, all of the following:
a. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
b. Lights, playground equipment, play courts, and public restrooms.
16. The acquisition, construction, maintenance or servicing of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.
17. All other work that may be deemed necessary to maintain, service and improve the whole or any portion of those streets, places, public ways, property, parks, easements, or rights-of-way owned by the City including for the security of public property such as security cameras or other equipment and security patrols for the deterrence of damage to public property.
18. All other work auxiliary to any of the above, which may be required to carry out the above.
19. The acquisition of land or right-of-ways for any of the improvements above.
INCIDENTAL EXPENSES. Expenses incurred in conjunction with benefit assessment districts, and include:
1. The cost of preparation of the engineer's report, including plans, specifications, estimates, diagram and assessment.
2. The cost of printing, advertising, and the giving of published, posted, and mailed notices.
3. Compensation payable to the County for collection of assessments.
4. Compensation of any engineer, consultant or attorney employed to render services in proceedings pursuant to this Chapter, as well as City staff time and any expenses.
5. Any other expenses incidental to the construction or installation of the improvements or to the maintenance and servicing thereof.
6. Any expenses incidental to the issuance of bonds or notes pursuant to § 15.01.095.
7. Costs associated with any ballot proceedings held for the approval of a new or increased assessment.
INCLUDING. Including without limitation, unless otherwise expressly limited.
MAINTENENCE. “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
1. Repair, removal, rehabilitation or replacement of all or any part of any improvement.
2. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
3. The removal of trimmings, rubbish, debris, and other solid waste.
4. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
NOTICE. Any resolution, order, or other instrument authorized or required by this Chapter to be published, posted, or mailed subject to the requirements of the Proposition 218 Omnibus Implementation Act beginning with Cal. Gov't Code § 53750 and Article XIIID of the California State Constitution.
PROPERTY OWNER. Any person shown as the owner of land on the last equalized county assessment roll; provided when such person is no longer the owner, then any person entitled to be shown as owner on the next county assessment roll if such person is known to the City. Where land is subject to a recorded written agreement of sale, any person shown therein as purchaser shall be considered as a property owner if such person is known to the City.
PUBLIC AGENCY. The State or Federal governments, city, city and county, county, or other public corporation or body formed pursuant to charter, general law, or special act, for the performance of governmental or proprietary functions within limited boundaries, and any department, board, commission, independent agency, or instrumentality of any of the foregoing.
PUBLIC PLACES. Any publicly owned property, either in use in the performance of a public function or to be used in the performance of a public function, upon which the installation of the improvements herein will take place, including any public building, street, highway, road, alley, lane, boulevard, part, or parkway.
PUBLIC UTILITY. Any public utility subject to the jurisdiction of and regulated by the Public Utilities Commission.
SERVICES. ”Service” or “servicing” includes the cost of maintaining any facility used to provide any service and the furnishing of:
1. Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
2. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
3. Other utility services as applicable.
TREASURER. The City Treasurer of the City of Culver City.
ZONE. All territory within an assessment district which will receive substantially the same degree of benefit from the improvements.
('65 Code, § 33I-9) (Ord. No. 87-012 § 1; Ord. No. 91-014 § 5; Ord. No. 2012-004 § 1 (part))
A. The Clerk shall give notice or cause the same to be given in accordance with this Chapter.
B. Published notice shall be made one time pursuant to Cal. Gov't Code § 6061.
C. Publication of notice of hearing shall be completed at least ten (10) days prior to the date of hearing specified therein.
D. Posted notices shall be made by posting upon any official bulletin board customarily used by the City for the posting of notices.
E. Mailed notice shall be sent by first-class mail and deposited, postage prepaid, in the United States mail and shall be deemed given when so deposited. Mailed notice to property owners shall be given by mailing notice to those property owners as the term is defined herein.
F. Mailed notice may be waived by all property owners who have filed a written request for inclusion within an existing or proposed assessment district.
G. Prior to levying a new or increased assessment the City Council shall cause notice of the public hearing to be given pursuant to § 53753 of the Government Code.
('65 Code, § 33I-10) (Ord. No. 87-012 § 1; Ord. No. 2012-004 § 1 (part))
A. The engineer shall prepare reports in accordance with this Chapter.
B. A report shall be prepared for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements or services, or both, described in the report.
C. A report shall refer to the benefit assessment district by its distinctive designation, specify the fiscal year to which the report applies and, with respect to that year, shall contain:
1. Plans and specifications for the improvements or services, or both.
2. An estimate of the costs for the improvements or services, or both.
3. A diagram for the benefit assessment district.
4. An assessment of the estimated costs of the improvements or services, or both.
5. If bonds or notes will be issued pursuant to § 15.01.095, an estimate of their principal amount.
D. The plans and specifications shall show and describe existing and proposed improvements, and existing and proposed services. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements or services, or both. If the benefit assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements or services to be provided for each such zone. The plans or specifications may be prepared as separate instruments and either or both may be incorporated in the diagram as a combined instrument.
E. The estimate of costs of the improvements or services, or both, for the fiscal year shall contain estimates for the following:
1. The total improvement costs, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. This may include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later.
2. The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year.
3. The amount of any contributions to be made from sources other than assessments levied hereunder.
4. The amount, if any, of the voter approved annual inflator to be applied to the maximum rates. This amount shall comply with the requirements of the Proposition 218 Omnibus Implementation Act beginning with Gov't Code § 53750 and Article XIIID of the California State Constitution.
5. The amount, if any, of the annual installment for the assessment for the estimated cost of any improvements or services, or both, to be levied and collected in annual installments.
6. The net amount to be assessed upon assessable lands within the benefit assessment district, being the total costs, as referred to in Subsection E.1 of this Section, which have been increased or decreased by any of the amounts referred to in Subsections E.2, E.3, E. 4 or E.5 of this Section.
F. The diagram for a benefit assessment district shall show the exterior boundaries of the district, the boundaries of any zones within the district and the lines and dimensions of each lot or parcel of land within the district with each lot identified by a distinctive number or letter. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any lots or parcels, in which case those maps shall govern for all details concerning the lines and dimensions of such lots or parcels.
G. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the County Assessor's maps for the fiscal year to which the report applies. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any lots or parcels, in which case those maps shall govern for all details concerning the lines and dimensions of such lots or parcels.
H. The assessment shall refer to the fiscal year to which it applies and shall:
1. State net amount, determined in accordance with Subsection 15.01.055 E.6., to be assessed upon assessable lands within the benefit assessment district.
2. Describe each assessable lot or parcel of lands within the district.
3. Assess the net amount upon all assessable lots or parcels of lands within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements as defined in this Chapter.
I. The assessment may refer to the County assessment roll for a description of the lots or parcels, in which case that roll shall govern for all details concerning the description of the lots or parcels.
J. The net amount to be assessed upon lands within a benefit assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
K. The diagram and assessment may classify various areas within a benefit assessment district into different zones where, by reason of variations in the nature, location, and extent of such improvements or services, or both, various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements or services, or both.
('65 Code, § 33I-11) (Ord. No. 87-012 § 1; Ord. No. 91-014 §§ 6—14; Ord. No. 2012-004 § 1 (part))
A. Proceedings for the formation of a benefit assessment district shall be initiated by resolution. The Resolution of Initiation shall:
1. Propose the formation of a benefit assessment district pursuant to this Chapter.
2. Describe the improvements or services or both.
3. Describe the proposed district, and including a distinctive designation for the district. The descriptions need not be detailed but shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the benefit assessment district.
4. Order the engineer to prepare and file a report in accordance with § 15.01.055.
B. Upon completion, the engineer shall file a report with the Clerk for submission to the City Council.
C. After the filing of the engineer's report with the City Clerk, the City Council shall adopt a resolution of intention. The Resolution of Intention shall:
1. Declare the intention of the City Council to order the formation of a benefit assessment district and to levy and collect assessments pursuant thereto.
2. Approve the report of the engineer. The City Council may approve the report as filed, or it may modify the report in any particular and approve it as modified.
3. Generally describe the improvements or services or both.
4. Refer to the proposed district by its distinctive designation and indicate the general location of the district.
5. Refer to the report of the engineer, on file with the Clerk, for a full and detailed description of the improvements or services, or both, the boundaries of the benefit assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
6. If debt is to be issued, declare the necessity for the indebtedness, the purpose for which the debt is to be incurred, the amount of the proposed debt, specify the rate or maximum rate of interest which debt shall bear, and maximum number of years of the debt.
7. Give notice of, and fix a time and place for, a hearing by the City Council on the question of the formation of the assessment district and the levy of the proposed assessment.
D. The Clerk shall give notice of hearing by causing the Resolution of Intention, or summary thereof, to be published, posted, and mailed as provided in § 15.01.050.
E. Prior to the conclusion of the hearing, any interested person may file a written protest with the Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned.
F. The City Council shall hold the hearing at the time and place fixed in the Resolution of Intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests and communications made or filed by any interested persons.
G. During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the engineer's report, including changes of the improvements or services, or both, the boundaries of the proposed assessment district and any zones therein, and the proposed diagram or proposed assessment. The City Council may, without further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of any additional territory within the district except upon written request by property owner for the inclusion of his or her property or upon the giving of mailed notice of hearing to affected property owners upon the question of the inclusion of their property in the district.
H. Upon the conclusion of the hearing, the City Council shall determine whether a majority protest exists in accordance with the requirements of the Proposition 218 Omnibus Implementation Act beginning with Gov't Code § 53750 and Article XIIID of the California State Constitution.
I. If a majority protest has not been found, the City Council may adopt a resolution ordering the improvements or services, or both, and the formation of a benefit assessment district and confirming the diagram and assessment, either as originally proposed or as changed. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
J. Upon the passage of the resolutions provided for in this Section, the City Clerk shall record the diagram and a notice of assessment as provided for in Cal. Sts. & High. Code § 3114, whereupon the assessment shall attach as a lien upon the property assessed, as provided in the Cal. Sts. & High. Code § 3115.
K. Whenever a railroad, gas, water or electric utility right-of-way is included within the benefit assessment district, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be included in the initiating resolution, the engineer's report, and the resolution of intention. The railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be assessable only if, and to the extent, it is found it will benefit from the installation and maintenance of the proposed improvement. Any railroad, gas, water, or electric utility right-of-way or electric line right-of-way so assessed shall be subject to the same penalties, and the same procedure and sale, in the event of delinquency as other parcels in the benefit assessment district. In determining whether or not the railroad, gas, water, or electric utility right-of-way or electric line right-of-way benefits, its use as a right-of-way for a railroad, gas, water, or electric utility shall be presumed to be permanent.
('65 Code, § 33I-12) (Ord. No. 87-012 § 1; Ord. No. 91-014, §§ 15—18; Ord. No. 2012-004 § 1 (part))
A. The City Council, either in a single proceeding or by separate proceedings, may order one (1) or any combination of the following changes of organization:
1. The annexation of territory to an existing district formed pursuant to this Chapter.
2. The detachment of territory from an existing district formed pursuant to this Chapter.
3. The dissolution of an existing district formed pursuant to this Chapter.
4. The consolidation into a single district of two (2) or more existing districts formed pursuant to this Chapter.
B. Proceedings for changing organization may be:
1. Undertaken subsequent to or concurrently with proceedings for the formation of the benefit assessment district hereunder. Any or all such proceedings may be conditioned upon the completion of any or all such proceedings.
2. Combined with proceedings for the formation of a benefit assessment district hereunder. In such case, any of the several resolutions, reports, notices, or other instruments provided for in this Chapter may be combined into a single document.
C. Except as otherwise provided herein, proceedings for a charge or organization shall be initiated, conducted and completed in substantial compliance with the procedure provided for the formation of a benefit assessment district.
D. In annexation proceedings, the resolutions, report, notices of hearing and right of majority protests shall be limited to the territory proposed to be annexed. Notice of hearing shall be provided as in § 15.01.050 governing the formation of the benefit assessment district. Mailed notice may be waived by all property owners who shall have filed a written request for annexation of their property.
E. If all of the owners of property within the territory proposed to be formed into a benefit assessment district, or proposed to be annexed to an existing district, have given written consent to the proposed formation, consolidation, or annexation, the territory may be formed into a benefit assessment district, or annexed to or consolidated with an existing district, as the case may be, without notice.
F. In detachment proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be limited to the territory proposed to be detached. City Council may dispense with the resolution initiating proceedings and the engineer's report, and may initiate proceedings by the adoption of the Resolution of Intention pursuant to Subsection 15.01.060 C. Mailed notice may be waived by all property owners who shall have filed a written request for detachment of their property.
G. The City Council may establish policies and procedures for property owners to request the dissolution of an assessment district whose proceeds are not pledged to repay debt service on any bonds or notes issued pursuant to § 15.01.095. In dissolution proceedings, the City Council may dispense with the resolution initiating proceedings and engineer's report and may initiate dissolution proceedings by the adoption of a resolution of intention. Mailed notice may be waived by all property owners who shall have filed a written request for the dissolution of the assessment district.
H. Notwithstanding any other provision of law, the single benefit assessment district resulting from a consolidation under this Chapter shall assume all assets and liabilities of the districts consolidated and shall be entitled to all of the revenues to which each of the separate districts would have been entitled had such districts not been so consolidated.
('65 Code, § 33I-13) (Ord. No. 87-012 § 1; Ord. No. 2012-004 § 1 (part))
A. This Section shall apply to all annual assessments levied after the formation of a benefit assessment district, except annual assessments to pay the principal of, and interest on, previously issued bond debt or notes.
B. Proceedings shall be taken pursuant to this Section for any fiscal year during which an assessment is to be levied and collected within an existing district.
C. The City Council shall adopt a resolution which shall generally describe any proposed new, or changes in existing, improvements or services, or both, and order the engineer to prepare and file a report in accordance with § 15.01.055.
D. Upon completion, the engineer shall file a report with the Clerk for submission to the City Council.
E. After the filing of the engineer's report, the City Council shall adopt a Resolution of Intention. The Resolution of Intention shall:
1. Declare the intention of the City Council to levy and collect assessments within the assessment district for the fiscal years stated therein or as described in § 15.01.090.
2. Approve the report of the engineer. The City Council may approve the report, as filed, or may modify the report in any particular and approve it as modified so long as the rates to be levied do not increase above the voter approved maximum rates adjusted by an inflationary formula, if any.
3. Generally describe the existing and proposed improvements or services, or both, and any substantial changes proposed to be made in the existing improvements or services, or both.
4. Refer to the benefit assessment district by its distinctive designation and indicate the general location of the district.
5. Refer to the report of the engineer, on file with the Clerk, for a full and detailed description of the improvements or services, or both, the boundaries of the benefit assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
6. If debt is to be issued, declare the necessity for the indebtedness, the purpose for which the debt is to be incurred, the amount of the proposed debt, specify the rate or maximum rate of interest which debt shall bear, and maximum number of years of the debt.
7. Give notice of the time and place for the hearing by the City Council on the levy of the proposed assessment.
F. The date, hour and place of the hearing is fixed as the date, hour, and place of any regular meeting, as specified in the Resolution of Intention adopted pursuant to Subsection 15.01.070 E.
G. The Clerk shall give notice of hearing by either of the following methods:
1. If the assessments are to be levied in the same or lesser amounts than the voter approved maximum rates as adjusted by an inflationary formula, if any, the Clerk shall give notice by causing a summary of the Resolution of Intention to be published pursuant to Cal. Gov’t Code § 6061 and Cal. Sts. & High. Code § 22553.
2. If the assessments are to be increased over the voter approved maximum rates as adjusted by an inflationary formula, if any, the Clerk shall cause notice to be given pursuant to Cal. Gov’t Code § 53753.
H. Any interested person may, prior to the conclusion of the hearing, file a written protest with the Clerk or, having previously filed the protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned.
I. The City Council shall hold the hearing at the time and place specified in the Resolution of Intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests made or filed by any interested person. The City Council may continue the hearing from time to time, provided, that no continuance shall be made to a date subsequent to July 31, without the prior consent of the County Auditor.
J. During the course or upon the conclusion of a hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements or services, or both, and any zones within the district, and the proposed diagram or proposed assessment so long as the changes do not result in an increase of the rates above the voter approved maximum rates adjusted by an inflationary formula, if any.
K. Upon the conclusion of the hearing, the City Council may adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. If there is a majority protest against the increased levy of an annual assessment, the proposed increase shall be abandoned. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.
('65 Code, § 33I-14) (Ord. No. 87-012 § 1; Ord. No. 91-014 §§ 19—21; Ord. No. 2012-004 § 1 (part))
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