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The form of warrant and recordation of the warrant, diagram and assessment, and priority of lien, shall all be as provided in the Improvement Act of 1911 in Sections 5371, 5372, 5373, and 5374 of the Streets and Highways Code.
After the warrant, assessment and diagram are recorded, the same shall be delivered to the contractor, or the contractor’s agents, or assigns, on demand, but not until after the payment to the Board of Public Works of the incidental expenses not previously paid by the contractor, the contractor’s agents, or assigns, including the amount by which the amount included in the assessment as the cost of any acquisition exceeds the amount previously demanded of the contractor therefor but with proper credit to the contractor in the event there was included in the assessment as the cost of any acquisition an amount less than the amount demanded of the contractor therefor at the time of the execution of the contract, pursuant to Section 6.193 of this article; provided, however, that said warrant shall not be delivered to said contractor, the contractor’s agents, or assigns, nor shall such contractor, the contractor’s agents, or assigns be entitled to receive payments of assessments by virtue of said warrant until after the expiration of thirty (30) days from the recordation thereof as provided for in Section 6.200 of this article.
The amount of any contribution provided for by the Council as a contribution toward the assessment shall be paid by the City to the contractor, or the contractor’s agent, or assigns, upon delivery of the warranty, assessment and diagram.
SECTION HISTORY
Based on Ord. No. 126,186.
The Council may elect to agree to purchase, and purchase, out of the general funds of the City, an assignment of the warrant, assessment and diagram upon delivery thereof to the contractor pursuant to Section 6.197 of this article at the option of the contractor. Any such purchase shall be in the total amount of the several assessments upon the Assessment Diagram attached to the warrant. Any such election to purchase an assignment of the warrant, assessment and diagram by the City shall be stated in the Ordinance of Intention, in which event said ordinance shall be adopted by a four-fifths vote of the entire Council. Upon the purchase of such an assignment by the City, the City shall succeed to all rights and liens of the contractor to collect and to enforce the payment of the assessments and all bonds issued to represent said assessments.
SECTION HISTORY
Based on Ord. No. 126,186.
In the event the work is performed by the direct employment of labor, equipment or purchase of materials by the City, the rights of the City to receive the warrant, assessment and diagram and to collect and enforce payment of the assessments levied and to receive bonds and enforce payment and collection of same shall be the same as those of the contractor if the work or improvement had been performed by contract let under the provisions of Section 6.194 of this article.
SECTION HISTORY
Based on Ord. No. 126,186.
All payments upon any assessment and warrant duly recorded for work or improvement or acquisition, performed pursuant to this article, made within thirty (30) days from the date of the recordation of such assessment and warrant shall be made only to the Board of Public Works.
The said Board shall, during such thirty (30) days, receive the amount due or partial payments upon any such assessments and shall, after such thirty (30) days, receive like payments upon only those assessments for which the Council has not provided that bonds be issued.
The said Board shall mail a statement to each owner of real property within the Assessment District for such work or improvement whose name appears on the last Equalized Assessment Roll, at the address appearing on said roll or on file in the office of the City Engineer, or to both such addresses, if they are not the same. The statement shall contain a designation of the property assessed by street number, or some other description sufficient to enable the property owner to identify the property, a statement of the amount of the assessment, that partial payment may be made thereon, the time and place of payment, the effect of failure to pay within thirty (30) days after the date of recording the warrant, and if bonds are to be issued, a statement of that fact, designating the provisions of law pursuant to which such bonds are to be issued. After such thirty (30) days said Board shall promptly pay to the contractor or the contractor’s assigns all amounts so collected on the assessment as herein provided.
SECTION HISTORY
Based on Ord. No. 126,186.
Amended by: 3rd Para., Ord. No. 181,595, Eff. 4-10-11.
If any assessment levied is void or unenforceable for any cause, or if bonds have been issued to represent or be secured by any such assessment, a reassessment therefor shall be made by the Council and new bonds shall be issued to represent or be secured by such reassessment. The true intent and meaning of this section is to make the cost and expense of any work made through attempted compliance with this article payable by the real estate benefited by such work by making a reassessment therefor. Such power of reassessing embraces both full and partial reassessment and is not exhausted by a single attempted exercise thereof.
The procedure for a reassessment, cancellation of original assessment and issuance of new bonds, shall, so far as applicable, be as provided in the Improvement Act of 1911 in Sections 5503, 5504, 5505, 5506, 5507, 5508 and 5510 of the Streets and Highways Code.
SECTION HISTORY
Based on Ord. No. 126,186.
The reassessment shall be collectible and payable in the same manner as an original assessment and shall be enforceable by action in the same manner provided in this article for enforcing an original assessment. If bonds issued under or upon the security of the original assessment they shall also issue upon the reassessment for such sum as may be reassessed against the lots or parcel of land covered thereby.
SECTION HISTORY
Based on Ord. No. 126,186.
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