The following general provisions shall apply to all proceedings taken hereunder:
A. City initiation. The City may prepare a report, adopt a resolution of intention, form an assessment district, or take any other action to provide the improvement and/ or acquisition, construction, completion, repair, management, reconstruction, administration, maintenance or operation, without any petition therefor.
B. Contributions. Notwithstanding any other provision in this Chapter, the Mayor and Common Council may provide for a contribution or contributions by the City of part of the costs and expenses of the work or may accept and provide for contribution toward the cost and expenses of any work done under this Chapter, from any funds made available for the purpose of the district by any local, state or national agency or authority, or from any other person or entity, and it shall not be necessary to set forth or give notice of such contribution in the resolution of intention or in any other proceedings under this Chapter. Such notice may be given in the discretion of the Mayor and Common Council.
C. Lapse of time. It shall not be necessary for any specified time to elapse between the performance of acts except as otherwise required by this Chapter.
D. Resolution sufficient. The Mayor and Common Council may act by resolution where an ordinance is specified by general law.
E. Assessment upon public property. Whenever proceedings are to be undertaken in accordance with this Chapter, the Mayor and Common Council may provide in the resolution of intention that any real property belonging to any county, City, public agency, school board, educational, penal or reform institution or institution for the feeble minded or the insane shall be assessed in accordance with the provisions of Sections 5300 through 5325, inclusive, of the Streets and Highways Code.
F. Termination upon determination of no benefit. If the Mayor and Common Council find and determine that the area proposed to constitute the assessment district will not be benefited thereby the Mayor and Common Council shall terminate the proceedings.
G. Effective date; effect of determinations in resolution; limitation on actions. From and after the date the Mayor and Common Council adopt the resolution of intention, the area named therein shall constitute the assessment district within the City bearing the name set forth in the resolution. The determinations made in the resolution forming the assessment district shall be final and conclusive. No action or proceeding to attack, review, set aside, or void the resolution, or any of the proceedings, acts or determinations theretofore taken, done, or made pursuant to this Chapter, shall be maintained by any person unless such action or proceeding is commenced within thirty days after the adoption of such resolution. Thereafter, all such actions or proceedings, and any defense of invalidity of such resolution or of such proceedings, acts or determinations, are forever barred.
H. Disposition of property. The Mayor and Common Council, subject to the provisions of the City Charter, may determine that any parcel of property acquired from the proceeds of the assessment district or any improvements, extensions or replacements thereof or additions thereto, are no longer needed for the purpose of the assessment district or such facilities may be otherwise better provided. Subject to the provisions of the City Charters and restrictions in the resolution providing for the issuance of any outstanding bonds, if any, relating to the facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the assessment or bonds and the proceeds placed in a fund as designated by the Mayor and Common Council and used for the benefit of the assessment district.
I. Assessment roll. Except as otherwise provided by the issuance of bonds, the assessment roll shall state the amount to be assessed upon each lot or parcel of land within the district and shall refer to said lots or parcels of land by their respective County Assessor's parcel number as shown on the last equalized County assessment roll, and shall refer to the fiscal year to which it applies, and shall upon its confirmation be filed in the office of the Director of Development Services. When a bond issue funds the costs involved, such assessment roll procedures as are provided for in the bond-authorizing resolution or ordinance shall prevail.
J. Assessment diagram map. Prior to the confirmation of the assessment roll by the Mayor and Common Council, the Engineer shall file with the City Clerk and the Director of Development Services an assessment diagram map. Upon the confirmation of the assessment roll, the City Clerk shall record a notice of assessment, as provided in Streets and Highways Code Section 3114. Whereupon the said assessment shall attach as a lien upon the property assessed, as provided in Streets and Highways Code Section 3115. A copy of the notice of assessment so recorded shall be published pursuant to Section 6066 of the Government Code. Notice of the recording of said assessment shall be given pursuant to the provisions of Streets and Highways Code Section 10404(a), (b) and (c) only. The diagram map shall show the following:
1. The exterior boundaries of the assessment district.
2. The boundaries of any zones within the district.
3. The lines and dimensions of each lot or parcel of land within the district and the relative location of the same to the work to be done. Each lot or parcel shall be identified by a distinctive number or letter.
a. The lines and dimensions of each lot or parcel of land shown on the diagram map shall conform to those shown on the County's Assessor's maps for the fiscal year in which the diagram map is prepared. The diagram map 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.
b. Any changes in the lines and dimensions of any lot or parcel of land shown on the diagram map so filed with the City Clerk due to any lot splits or subdivisions which may occur in subsequent years need not be changed on the diagram map; however, such changes shall be reflected in the assessment roll for each subsequent year.
K. Dissolution of assessment district. Upon completion of the term for the collection of assessments within the district as set forth in the resolution of intention, the confirmation and collection of the final assessment, or upon adoption of a resolution dissolving the district, the district shall automatically dissolve and shall no longer be binding upon the property within the district.
L. District not exclusive. The formation of an assessment district pursuant to this Chapter within any area of the City shall not be exclusive. The Mayor and Common Council shall have the authority to create any number of districts within the same area, subject to the provisions of this Chapter.
(Ord. MC-1027, 9-09-98; Ord. MC-150, 4-07-82)