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Home My WebLink AboutORD 2277• • n~'"'!~ ! n 1 ~ ~· -.9 ORDINANCE NO. 2277 ORDINANCE OF THE,, COUNCIL or THE CITY OF PALO Al.TO ADDING CHAPTER 40 (PALO ALTO IMPROVEMENT PROCEDURE CODE) TO THE PALO ALTO MUNICIPAL CODE PROVIDING PROCEDURE IN RELATION TO THE ACQUISITION OR CONSTRUCTION OF LOCAL IMPROVEMENTS AND THE LEVY OF ASSESSMENTS AND ISSUANCE OF ASSESSMENT BONDS THEREFOR-AND REPEALING ORDINANCE ~u. 1928, AMEND:Mt:NTS ThERETu AND ORDINANCE NO. 1986 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 40 (Palo Alto Improvement Procedure Code) is-added to the Palo Alto Municipal Code providing procedure in r~lation to the acquisition or:~onstruction of local improvements and the l.evy of assessments and issuance of assessment bonds therefor as set forth ir. EXHIBIT A attached hereto and made a part hereof. SECTION' 2 •. · Ordi.nance No. 1928 (a<lopted Apr~ l 11, 1960), amendme~ts thereto (Ordi.11ances NO. 1983, No'\•ember 14, 1960; NL .-207j, March 12, 1962; No. 2075, May 28, 1962; No. 2182, .. January,13,.196/J-; and No. 2204, August 24, 19E4) and Ordinance No. 1986 (adopted December 12, 1960), otherwise· known as .'.._·_"-i" "the validating ordinance", are hereby repealed; provided, ·.that the organization, existence at'ld bonds of any district . ~ heretofore cre.atetl ~)t: being ~_reated in pending pr~ceedings, as well es any proceedings heretofore conducted orbeing co~ducted ·tJ.ndersaid Ordinance No. 1928, or ordina~~es as amended, shall remain unaffected by such repeals. ;.. i - -·· ----· ~ I . . • • SECTION 3. This ordinance shall become effective upon the expiration of thirty (30) days from its passage. INTRODUCED: January 10, 1966 PASSED! January 24, 1966 AYES: Arnold, Beahrs, Com_stock; Cooley, Debt;, Dias, Flint, Pearson, Rohrs, Sher, Worthington. NOES: None. -·-ARSEt~T! ATTEST: ci::tzd,(u,,,~ )y _,L1 p(/~$;n tlH-1. C ty Clerk APPROVED: APPRgYED AS TO CONTENT~ . . /-~-j-L. £. hztYi-f ~ City Mani.tier ( -, -- - 2 - • CHAPTER 40 PALO ALTO IMPROVEMENT PROCEDURE CODE DIVISION 1 DIVISION 3 DIVISION 4 DIVISION 5 ~. :;. --~ -.. ;,. GENERAL PROVISIONS -GENER.~L PROCEDURE SEVERABILITY; VAilDITY; REASSESSMENT ACQUISITION AND IMPROVEMENT PROCEDURE ASSESSMENT EOND PROCEDURE 396 l . -~' CHAPTER 40 DIVISION l SECTION 40.101 • Chapter 40 Table of Contents PALO ALTO IMPROVEMENT PROCEDURE CODE GENERAL PROVISIONS Assessment Proceedings Applicability Alternative Procedures 40.102 40.103 ········40.104 40. 105 40.i06 --: =~ ~~ Code ~-lo t~--f:xc lus-ive I "· , '°''"'I 4-U. LU! . -40~-108 .40.109 40.lJO · 40.111 40.112 40.113 40.1114 (a) (b) t+O. 115 (a) (b) (c) (d} (e) 40.116 r .t:' \. J.) (g) (h) (a} (b) (c) . (d) 4CL 117 (a) (b) (c) (d) (e) (f) ~·~~ (i) (j), (k ) . (1) 40.118 (a) (b) . (c) Titles Code·superior Municip·a1 Affairs State Affairs Single Pr6ceeding Division supplemental Definitions Incidental Expenses; Acquisition Incidental Expenses; Improvement References Resolution of Intention Reference to R2solution of Intention Notices Notices When Expressly Provided Failure t0 Designate Officer Publication: Posting aPd Mailing Where Posted ·Mailing Notice of Improvement Certificates Public and Utility Propert-y May Omit Public.Property .Cost on Remaining Property Payment · · Utility Property . Contributions, and Advances Contributions Purch~se of Assessnieift;. Warrant and Bonds Id. -Payment Id. -Bond~ VL -City. Id. -Subsequent·Purchase Purchase and Sale of Deli!tquent Property . Id. -Sale . ... . · Advanced ·by City Without Bonds Reimbursement: · Id. -Notice of: In&tallment Payniei1t Id. -Paymerit . ,:_iS~nnection Charges ao~ Advances .Therefor ·· Connection Charge Assessments Division of ·Assessment Cpnne(~~i6n Charges -Estabtishment --_ .. ~ ··~.::. ': : . .- -~ 97 . • Chapter 40 Table of Contents Continued SECTION 40.118 (Cont'd) (d) Id~ -Amount Cash Advances to Property Owners' -~ ; "' I -(e) (f) 40.119 (a) (b) (c) IA' -_,_ '4 )I (e) 40.120 (a) (b) 40.121 (a) '"' . (b) '·. Force Account. Force Account City Engineer City Rights . -,,-;Pf'_yment- Bonds Revolving Funds ~n·unl,;.fHo ·1"11nd &,_ • - ---.... ••a -. -..;=-=-~ -- Project Option ·Procedure Assessment and Diagram Assessme'nt Diagram • .. I ~ -··.- 398 '\: • DIVISION 2 SECTION 40.201 (a) ----------------------------------~-__ (h) ___ _ ' -·::-~ ..,_; (c) -··40.202 (a) -___ (b)_ --~(Z) 40.203 (a), (b) (c) I r1\ ' .... , (e) 40. 204 (a} (b) (c) GENERAL PROCEDURE Protests Form Chapter 40 Table of Contents Continued ____ Legality HeariSitri fy Pro-tests ---------------------------- ------1 _ __ _Heari~g_ __ ·---------·-:co·11t·l-i"iUiliil.~ .. 'L:j-~ · ---·------! Modifications Notice Fro tests Order Record Lien Supplemental Assessment How Levied Notice and Order Payment 399 . ~--· DIVISION 3 -- -SECTION 40. 301 40.302 40.303 • -40 .-304------ _-' ' 40. 305 40.306 40.307 40.309 -40. 310 -40.311 40,312 40.313 40. 3ll.~ (a) (b) (c) (d) Chapter 40 Table of Contents Continued SEVERABILITYj VALIDITY; REASSESSMENT Constitutionality Waiver Orders Final -Noe-ice---o f -Awa-rd ------------ Liberally Construed Validity Effect of Publication Limitation of Actions Limitation of Actions; Ad Valorem Limitation of Actions; Defense Validating Proceeding Procedure Reassessment Uncompleted Improvement When and How Much Interest Payment ' :.'f ·i_, 400 -~·' • DIVISION 4 SECTION 40. 401 (a) -(b) (c) (d) -(C) : (f) (g) (h) (i) 40.402 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) 40.403 (a) (b} (c) (d} . (e) 40.404 (a) (b) (c) (d) (e) (f) (g) (h) (i) {j) 40.405 . ~~~ . (c) - (d) m (h) ~~) < -('~ ,·. ··' . (1) --~.--: -;-· • Chapter 40 Table of Contents Continued -----. ~ '-, ACQUISITION AND IMPROVEMENT PROCEDURE Investigation Proceedings . Necessity of Improvement Preliminary Determination of Necessity Notice a~d Hearing Objections · -_-_: :: __ -.---~ !t f fi'R 1-: :--D~t~rTIYi_.rtH t _·tf;rr ·-flif-:--!~P-eessi ty - . . -- Mo_dif ication Jurisdiction Non-application Finality Trnorovement Act of 1911 -· Powers -. · ' Cash Assessmebts; Alternative Collection Cash Assessments; Resolution, Contents ·cash Assessments; Piling Cash Assessments; Extension on Roll Cash Assessments; Collection Cash Assessments; Payment to Contractor Cash Assessments; Default Cash Assessments; Default; ResaJ.e Cash Assessments; Default; No Bidder Street Opening Act of 1903 Powers Closi,ng Resolution of Intention Notice of Improvement Cash AssessMe'"{ts; ·•Al ternci'tive Col lee tion Munici·pal Improvement Act of 1913 Powers Hearlng .--.. ~Bonds . Payment · -Tiine . Payment; To Whom Eminent Domain st'ipulations for Judgnl.ent Offset Referees·· SU.rplus .. Parking Districts Parking Place Power .... _'· · 'Dist:rict Property ._ ··. .-City Lands . . ,-_ .. _._ . Sale of Property ·'_ .:.~ . .. -Leas~ of Property ,·' · ·Sur.plus -·Space · F.ees and ·Rentals . .Operation . '·· Maintenance Cost Annual :Rep·ort'· .-~-t. -;:,,,~ .... .,_-_ • ', __ .. SECTION 40.405 (Cont'd) (m) (n) Tor-- (p) (q) (r) --1:,:;-o \ -, ... , (t) (u) (v) .! -;,..-··. • ,Hearing on Report Chapter 40 Table of Contents Continued ' t ' Id. -Collecting Assessment Transfer o-f-Funas-------·-- Pledge. Covenants Alteration of District Boundaries Id. -Hearing Id; -Order Id. Effect 402 c.--~ ,, DIVISION 5 SECTION 40. 501 . (a) (b) (c) (u) (e) (f) (g) (h) 40.502 f~\ \.1.../ (.' J, (k) ~!~ (n) (o) (p) (q) . , (a) (b) . . (c) 40,503 (a) (b) (c) {d) (e) (f) 40.504 (a) 40.505 . ~~~ (d) (e) ·~~~ ~~~ (e) ' (f) . ·. (g) "(h) . ; (i) (j )·. (k) (1). Chapter 40 Table of Contents Contin,1ed ASSESSMENT BOND PROCEDURE General Provisions Purpose Declaration in f'o_r_qi __ oJBcm~~ _ Dact Interest Ser"ial Amounts Divisions ·Execution $ale of· Bonds Premium Resolution of Intention Registration -Against Theft Id. -Delinquent Bonds Id. ·· Lost Bonds Payment of Assessments With Matured Bonds and Coupons Charges for Collection Costs ·.· Divisio'n of Assessments Distribution of Surplus Remaining in Redemption Fund Bond Plan A --J,ot Bonds Powers Interest Asse~sments Under $50.00 Bond Plan B -~ District Bonds Powers Ass~ssments Under $50.00 Unpaid List Denominations Payment of Assessments After Bonds Issued Calling Bonds . Bond Plan C --District Liability Bonds 'Powers , .. Bond.Form Supplemental Advances Supplemental Levies Advance Payment and·Cal~ing Bonds Bond Plan D --Ad ValoremLand Bonds Powers Assessment District In~rovement Bonds Acquisition Bonds Municipal Improvement District Bonds · Possession Bonds' > Notice of Hearing . . ·Form of Notice .. · ,-·.· ·nearing ·_ _ Issuance of Bonds _ Bonds, Form arid Execution Issti~~' Series, fiivisi6tis 40'.3. ' ... SKCTION 40.505 (Cont'd) (m) (n) (o) ~ nT:t \ .t' r' (q) (r) (s) (t) (u) (v) (w) - 40~506 Bond (a) -, -. (b.) -. (c;. 40.507 Bond (a) (L) ~~~ (e) (f) (g) -· (h) (i) (j) (k) ,{ 1) -~~~ (o) ~~~ (r) (s) (t) (u: .. (v,J (w, (x1 ' (Y/ (z I (aa) (bb) ~~~~- ·(ee) (ff) ~gg) . hh) "i) '(Jj) (kk) Chapter 40 Table of Contents Continues Callable Bonds Supplemental Bonds Interest Id. ·· Method of Collection Contributions Zones Validity of Bonds and Tax Rate Issuance of New Bonds When Proceedings for Bonds Irregular Maintenance Alteration of Boundaries Plan·E ~-Ad Valorem Realty Bonds Powers Ad·Valorem Assessment Procedure Plan G --Vehicle Off-street Parking Bonds Powers Purpose _ Declaration in Resolution of Intention Assessm~tt District .Fixed Lien Assessment Provisions Provisions Applicable to G Bonds and Proceedings Redemption Fund Trust r~und Budget .. Benefit · A;3sessrnent Detenninad .. on of Gross Square Footage Determination of Credits P-reparation of Engineer'~ Report Correction of Errors Effect of Error , ·.•Certification bnd·' Filing Hearing ·publication and Posting -No~Lc~ by Mail, First, R~port Mail"lrig, Subsequent. Reports Notice Forn1j Published and Po'sted Notice · Id. -Mai ling Protests Public Hearing Certification Posting and Report Method of· Collection .·_Lien Con tr ibtt t imrn Public Property. Oinitte.d Prcperty ReassessmC'nt 1 _;- 'Id/ __ tien · -· . sec·upi t:.y_ for ~.~xis ting._ ~911,ds_ Exco~nge ·of EJ$:isting ·Bonds t:lm:ltation of Ac·tions Validating Pr9ceedings · ._-· , · --- _ 404 · : ·~· .: . )," CHAPTER 40 DIVISION 1 SEC. 40.101 • PALO ALTO IMPROVEMENT PROCEDURE CODE GENERAL PROVISIONS -- ASSESSMENT PROCEEDINGS Section 40.101 Proceedings for the acquisition or construction, or both, of any public improvement or property of a loc~l nature or the acquisition of lands or easenicnts; or buildings or improvement_s or property, or any or more than one thereof, therefor, may be had pursuant to thi8 Code, whether or not provided in any general law. SEC. 40.102 APPL!CABILlTY ThiS·Crid~ shall not apply to any proce~dings in which the resolution of intention was adopted prior to the effective date hereof, excepting as herein exptessly provided,_~pd-~xcepting proce~dings for-a supplemental assessment, a te~sies~rnent, a refunding and the curative provisions hereof: SEC. 40.103 ALTERNATIVE PROCEDURES The procedures provided in the several sections 6r bond plans hereof are alternative. SEC. 40.104 CODE,NOT EXCLUSIVE This Code is not exclusive. The resolution of intention in any ptoceeding under an act or g0neral law may provide-that such act or general law is suP,plemented by any part or parts hereof. SEC, 40.105 TITLES Titles to sections are a part of-the same section. Id, when used.in a title, means that th~ subject matter of.such section . is a p·art of the subject matter of ;the last preceding section in the tit le of which· :the word Id does not, ._appear. When two Ids appear in a title~·_the subject matter of such section is a part of the subj~ct.~atter of the last prec~difig secticn in the title '1 of which the wo1•d_ -rd· does i.lQt · appear and the subj ~r:t: matter of all intervening sectio·ns. · SEC. 40.106 CODE SUPERIOR The ptovisions of ·this Code shall be ~onircilling over the provisi,ons _pf any general law or act, ,_in conflic·t herewith in any _proceeding taken hereunder. . s EC • 4P • l 0 7 -. -~ MUNICIPAL-·AFFAIRS . . , Th"is Code· is adopted pufsuant to 'the rnun1cipaf' ~ffair.s provjsi.on ·being Article II of the charter· of the City of Palo A}to. In proceepj.ngs ha<i, ~~rsuant her~_J:o which are a mt~nicipal affah:·, _the gener~ 1 laws herE:!in referred to are deemed'. a part hereof. · A05 ,, . ·~' -,- ,. • \_ Section 40.108 SEC. 40. 108 STAT'E AFFAIRS In the event any proceeding had pursuant hereto shall be adjudged a State affair, it is hereby declared to be the inten tion that said proceedirigs were had pursuant to th~ general law or laws_ cited in th·is .. chapter or divisions or sections hereof specified in the resolutiori of intention therein. SEC. 40.109 SINGLE PROCEEDING One or more acquisitions .cmd improvements or acquisitions or_ imp·rovemen,ts may be had in <1 single proceeding. SEC. 40.llC· DIVISION SUPPLEMENTAL Divisions 1, 2, 3 and 4 are supplemental to and controlling over th~ provisions of each other part of this CoJe in conflict therewith. _ SEC. 40 .111 DEFlNlTION~ (1) Acg_uisitions 1 etc. The words 11 acquisition" and '1improvement", wh~ri usea~ referring to that which i~ done, which is to be done, or which may be done urider proceeciings had under this Code, shall be understood -to he generic and as beirig employed for the purpose of brevity and tQ avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein. · (2) Block,. liBiock 11 , whether it be a ,regular or irregular blo.ck, means a parcel larger than a lot whtch js bounded by a street or ·a bo~ndary line bf some other parcel which is not a part.of "it. (3) (4) Clerk, --- \ "Cicy" means City .. of Palo .Alto. ~i - "Clerk'~ and "C.ity °Clei~,( .refer to City. (5) Contractor L-"Contri:,idto'r" means tiie personJ firm, partnership' as'lociation, corpcJratior., organization or business t:rust, and includes contracting own~rs or th~ir agents, to whotn a contract for. the ·perf6inance df any work authori:ted is awarded. ~ ' (6) . Councll. ncou11cll 11 or ''City Council" means the Council of the City_ .. (7) -f8\ . ~ . . ., ~ Cou!~c}:~ !'County!! means·' S~rli:a Clara County. Engineer.· 11 Enginee."r 11 and "CH:y, Engineer" refer to City. f9) , Gen~ral Law •. The wo_rds' ~'general. la\'?u .. or the word 11 act 11 : or the r:eter~nce to any law or act by-its·· titl~ shall· ·mean an enactment of, the Legis lat;ure .·of ~he State of California. Unless he)"'·ei,11 otherwise provided, ~ny~· law or act incorporated h~rein or made appl ic§lble he:r:~by sha It b~ as riow or'' hereafter amep.d~d or -:-codified at t4c time of 4dopting the resolut icin of int~nti.on in · --the proceed1rtgs. . , 406 I' r . ..- ----~ • Section 40.111 Continued (1-())--r~·ot -_iiLvtii.,--iilun({i 1 , iipie;~cii, -"f.1r .i•pa1~c~-1 or la-i·rd!J ,--wi'1~th~t used singly or in combination, include propr-\ty owned or con trolled by any person. (11) Owner. "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's bffice of the county in which the.property is situated, or the person in possession of the property or buildings under claim of ownership, or exer ~ising acts of ownership over the same for.himself, or as lif~ tenant, or a~ the executoT, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying s1~i:-h property shall be deemed to be the possession of the owner. ( 12) farking Place "Parking Place" includes a parki-l\g lot, garage, or sub-surface structure, in~l~ding the grading, paving, .·draining, sewering, lighting or othei.~'lse improvi.ng of such lot., and buildings and improvements necessary,·~·~: convenient for the. parking of motor vehicles, including pat· ftg'.meters and other equipment and faci 1 it ies n~cessary o·: c(.1· .;)·eni·ent therefor, together with provisions necessary er cor ;\.·enient for ingress to and-egress from such pl~ces. · · {13) Paved ttPaved" or "repaved" includes pavement of any com monly used paving material. (14) Place 11 Place" includes ariy·public street~ alley or easeoent or other public· property which has be.en dedicated and accepted · or is othenvise publicly owned according to law, or which has be:en in· common and undisputed wse by the public for a period of. not less than five years next preceding, or which is sought to be. acquired in any. ;:>roceeding undertaken pursuant-, to this Code, or ~::ihich is sought to be acquired iti conjunction '·with any pro ceeding undartaken pursuant hereto. ·(15) Project "Project" or "imprQ.vement" when-used in the generic sense_, means the acquisitibn and/or improvement undertaken in a sing.le proc.e~ding. · (16) Quarter Block "Quarter block", when used with reference to an irregular block, includes all lots or portions of lots having any frontage on either intersecting street halfway'. ·from 3uch int erse·~tion to the next street, or, . if f\O street intervenes, t;o a boundary. line of some other parcel which is not a part. of that block. · (17) Street "Street" includes avenues_,.·highways, lanes, alfey~~ crossings or intersections and courts which have.been.dedicated· and· accepted acc.ording ~o law or.'whiCli' hilve been in .ripromon and undispu.ted use by the public for a period of not bass _tha·n five years next preceding or which have: been dedicated -~·o· a st;hii-public · · :. ___ ,_- __ ..-._ -----• -· Section 40.111 Continued (18) Street Superintendent 11 Street Superintendent" or "Super inten&ent of Streets 11 refers to City, ( 19) T 11 T -II l - -f h reasurer reasurer •ne-:H~s tie 'J reasurer -o -t c City. (20) Work "Work':_ or 11 improvement 1 ~, whether U!! ed singly or in <:;ombination, means and includes any work which is authorized to be done or ariy i:mprovement which is authorized to be made under this Code, as well as --the construction, reconstruction and repai~ of all or part of any such work or improvement. SEC. 1_.o .112 INCIDENTAL EXPENSES; ACQUIS!TlON . . 'J '• The' term "incidental expenses", --when ref erring to proceedings for an acquisition, shall be deemed to mean and shall include: (a) -The amounts awarded to the defendants by the interlocutory judgments-; (b)-The costs of the defendants; (c) The compensation and expenses of the referees, as allowed by t.:he court:; (d) All other costs of the plainti£f in such action and expenses incur~ed by it irt the trial thereof, including the compensa- _t'i"on paid expert appraisers and witness; · (e) (f) (g) (h) (i) (j) (Jc) All expenses necessarily incurred in connection with such proceedings >for the publication, mailing and posting of resolutions' notices and·.-orc:ters in any of the proceedings; For:·maps, plats,· surveys, searches at1d certificates of ti~le to the p~operty to be acquired; The_compensa,ion of the attorneys; 'lbe compensation of the engine_~r9; tbe clerical, stenographic and; 'printing expenses incident to the actions; nie·eatimated cost of prepaTing and 'selling the bonds; and Any <>ther ~~{lens es in~·~!,'red ·by autbori t.:Y of. this Code or incidental to the comp}etlon of the acquisition in the manner ~er.ein specified._ -_. SEC. 40.'113 INCIDENTAL EXl'FN_SES i IMPROVFfimT 1 ~ ;~. ·.=--~--~ -~~:-: : -. i--_ . -~) -Inci4ental expenses when referring to proceedings for an improvemel\t, shall be deemed to'mean a·nd shall include all ,408 ,_,_ -------------· Section 40.113 _Continued expenses necessdri.ly irtcurred irt the pro~eedings: (a) For the publication, malling and posting of resolutions, notices and orders in any of such proceedings; (b) The co~1pensation of the attorneys; (c) The compen-sa ti on of the superintendent of work; (d) The compensation of the engineers; (e) The estimated and cost of preparing and selling the bonds; (£) Any other expenses inc1Jrred by authority of this Code or incidental to the completion of the itriprovement in the manner herein speci_fi ed. SEC. 40,114 'REFERENCES (a) . (b) Resolution of Intention, The resolution of intention shall specity the parts of this Code pursuant to which the proceedinge are taken. Refere~c~ to Resolution of Intention. In all resolufioos, notice8' oroers. ·and detercninations' subsequent to the resolution of int~:?iltion and the notice of improvement, it Shall be Sl'fficient to refer to the resolution Of int:entiOP.< by number.for a description of the work or improvement. . . SEG. lt0.115 NOTICES (a) Notices When Expressly Provided No notice, nor any publica- tion of any not:!..ce, order, resolution or other i:iiatter, '>ther than that expressly provided for in this Code, shall be• - necessary to give validity to any of-the proceedings pro vided for herein. ~ --, _,. I ,·~-' (b) Failu're to Designate Officer. Whenever any notice 1 rcs·o1ution, order, or other matter is ·required to be published or posted or mailed, arid the duty of posting or publishing or mailing,. or procuring the same, is n9t specifically: et'ljoin.ed upon any officer or person, the' Cle,rk sheiLl post Or mail or procure the public~tion or pos~ing 6r mailing theteof, ~s , (c) the case may be. fu-h-11.catio~ . N'oti_ces ,., :resolutions or other ddctnnents. required to be published shall be published twice in _a newspaper of general circulation, in th~_.,t;~·ty .. · If any hear~ng is therein noticed, said'hearing sh.~ll'bt; had not less than ~~n days aft~r-the first p~blication ~filess a shorter time is p~o- vided by general law. '-'' 409 / -. ,..,,..,~A r\110...I -......-...... -··~-- ; tu-''J-n--~*"~~~ ... -,-L:i-~.-.~t~ ... " "It dho11 ...,,...,. h no~pc::onru-t-n pn!::.to·-" rlJ~L.L&lQ al.tu &'u.a...L.1..A-!t.eJ u .......... &.a.vi,.. _.e ~~~--..;;:...., J-:--"~-_.!...- mail any notice, resolution or other document· or make or .file any affidavit in regard thereto, unless no publicat~on is provided or posting or mailing: is necessary to proviae (e) (f) -Jurisdiction. In such event said posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by· gener.al law. Wt;ere Posted Al 1 documents provided to be posted, other than a notice of improvement, shall be posted on or near the_ Council_ Chamber door or on any bulletin board in or adjacent to the City Hall. Mailing When any notice> resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved as follows: 1. To all persons owning real property proposed to be assessed, whose names and addresses appear on, the last equalized assessment roll for City taxes, including the utility roll, at said addresses. 2. In cases of transfers of land, or parts th~reof, subsequent to the date on which the lest Assessor's roll .was prepared, to such transferee,_at Aisname -and address, as the same appear ort the r~co~ds in the AssesHor 1 s office which the Asse~sor will use to 'prepar~ the next ensuing Assessor's roll. --·· -. . 3. To ·each person, incl._uding the owner or person having and ifite~est h~ property asse&s~d by the State under Section, 14 of Article XIII; of the California Constitution, who hav.~-filed with the County Assessor fot ths current fiscal year, a stat:e!1}ent. of his name, add'i.-'~ss, and a des cription -of the property ~)wned by. him, requesting that a ~otice of all proposals affecting such prciperty shall be mailed to him (Gov. Code 58905), at said_addr~ss. 4. To such person at his address or as otherwise -krl~w to the Clerk, ~,, --·· - 5. . In case of. doubt· as to -the riaine and' 'address of any o\\1Il'er; the Clerk shall cause said riotice to be Cor,tspicu-. Jusly · pol;ted ori the property of such person 'ln the asse~s ment district, at or near the errtrace theret.o, so t:h~t<it will be visible to persons on, entering, leaving 'or.· passing said property. · · ·-· · · \ \ 410 .. ---11!1! I I ·· .. :> fo\ "t:>, (h) • Section 40.115 Continued· Not i('e 0f Improvement . No.tiCe$ ·of Improvement sna~ 1 be entit1eo "Notice of Improvement" in letter ~t least one-half inch ih height. The Council' may provide in the resolution of intention or other document fixing hearing whether and where such notices shall be posted. Certificates 1'.hc certificate cf the Clerk or officer giving notice T.>y po~ting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required. SEC. 40,;·.~6 PUBLIC AND UTil,ITY PROPERTY ~~;;.-..;;._;~--.-..,;;...;;o...~.--._;....__;;..;;..,o.;.,;;..:.._ (a) (b) (c) . (d) ~~J?1pit Public Property If any lot or parcel of land be~ TOilglng to the United States, or to the State, or to arty county, city, public agency, mandatory of the government, school board, educational) penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of a public function, and fronts upon the proposed w6rk, or is included within the district to.be assessed to pay the cc~ts and expenses thereof, the legis- . lative body may, in the resolution of int:ention, dee lare that such lots or parcels of land, ot· :.--.i1j of· them, shall be omitted from the assessment thet"eafter to be made to cover the costs and expenses of the work. C0st on Remaining Properil If any such lots or parcels of land are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land fronting on the work 1 or lying within the limits of the assessment district, without regard to such omitted lots or parcels of land. P~~ent If the C~un2:i.l, in the resolution ot intention, Ciecares that any lt)t or parcel of lahd so owned and used shall be i.ncl uded in· the assessmen_t; then the City shall \_be liable for sue~ sums as may there?fter be so a~sessed ex cepting Jor such portfons a~ it ~hall by. agreE:;.nent c.ollec t from thl~ entity owning same; provided, however, that when such .prope'rty i:S st~bject to assessu1ent as provided in Section 5302.5 df the Streets and Highw~ys Code, the provisions thereof ~hall apply. · _:..·-.. • 'utility ·Prtpert+ P1"bperty owned or used by _any ·privately _, owned public ut.1lity shall be assessed in the same martn~r as oth~~ property in the district. 411 -.',•. • Section 40.117 SEC. 40.117 CO!\;TR • R · :T ! ONS AND ADVANCES (a) (b) (c) (d} {e) (f) (g) (h) Contributi~• Contributions or partial payments from the United States or the State or any agency of either, or from the county, may be accepted and the same or any.available City m0neys applied to any part of the costs bf a project at any time during or after the proceedings and applied in r~duction of the amount assessed or to be assessed therefor. Purchase of Assessment, Warrant and Bonds In any proceeding ·had hereunaer,-fhe City'may declare in the tesolution of intention that it intends to purchase the assessment, warrant or bonds to be issued th~rein. Id, -Payment The City shal 1, upon the issuance of the assessment; ~arrant or bonds, as, the case may be, pay to the contractor, who shall have been awarded the contract to do the work in. such proceeding, in case of public improve m~nts, or into court, in ca~e of acquisition proceedings, the principal amount thereof. · Id. -Bonds Such bonds, when issued, shal{ be made payable to bearer. Id. : City In such case, the City shall succeed to all rights urider such assessment, warrant and bonds. ld. -Subsequent Purchase The City .shall have like power to subsequently acquire and own arty bonds or assessments or contract issued or levi.ed or made .hereunder, or now issued and outstar.ding, for any improvement and/or acquisition of 1. ;o""t• I t,:-e .t.1 ty. furchase ~md Sa le of Deli u.quent Property The City may bi.d and purcnase any real or personal-property offered for sale for the n.o~.-payrnent of' any improvement assessment levied and assessed under any of the provisions of this part, or of at1y in~.tal!ment thereof, or penalties or costs or interest thereo~, or sny ~uit brought t? foreclose such assessment. Id .. -Sale \.\.1henever any property ·shall have been acquired oy 'the City at any such sale., then such. property, or an::/ lien thereon or inte_rest therein created by such· assessment, may be released, assigned$ sold or otherwise disposed-of by City as it ·shall determine; provided, however, ·that no such release, assignment, sale or othe.r disposition of any such lien or interest, or of any such property, ~hall be made unless there shall be first p~id to City a ~~m,~f m0ney . ~qual to; and not less than the amen.fat paid thtrefor. by City, · tnget;"her w1th-· a 11 acc:rued pen.alt t~s .. ,., costs, interest, and nece~-i::fary expe.nses. 'inc:irred; p:rovideci.~'··fl1 !'ther, that if _any lien or intP.res.t, or property, cannot, as determined by Counci 1, he sold ·for the am0t.~nts or charges comp\ited as . herein provided, th_e~ the .Coq:rici_f may by four-j:ifths \fote of all, its members t, -s Jll any s'uch .lien o,r interest. or px;operty for· the best:· price obtainable according to its<judgmeht·. _,,. ";1 .. 12 ,-· 'I-•__..•"- I i .. c. i) (j) (k) (1) (a) (b) --_Section 40.117 Continued Advanced Q.Y ~1 t y w i thol.iC iknJ:. The c0;... .. ,i::-.t l iii.iy -dcd.ar-c 1.n the resoiut !. :i..·n o i int ent1 on i:Jc uy sep.ara te rcsolut ion sub~ sequently adrpt~d that the City intends to advance the entire cost i)f the project from available funds without issu·ance 0f bonds, ~n such event the City shall pay all prl'jecl costs as they accrue, 'and shall succee\d to all rights under the assessment and to all rights which would have accrued under t~e bonds had they been issued. Reimbursement The assessment and diagram and/or warrant Slla11 be record~d as in other cases and notice to pay assess-' ments given in the time and manner provided herein. Such n0tices shal 1 pr0vide i_n substance that the assessment may be paid in cash in whole 6t in part at-any time prior to the notice hereiriafter mentioried in Section 40.117(k), but ttat the amount unpaid as of July 1 of each year following the record- ation of the assessment will be increased by five per cent (5%). . ido -Notice of Instal iment PaRment The City may, at arty time alter tl~e expi rat I0n of t i rty ( 30) dt, s from record at ion of the assessment,· give notice by publication a_hd mailing that the amounts unpaid pn the thirtieth day ~fter such mailing are due an<l payable to the City in annual installments, net necessarily equal, but not exceeding th~ maximum number of installments set· forth in the resolution o_f ie.tention, with interest a.t r&tes to be fixed by the ('ouncil, but not to exceed the rate set forth in th~ reso lution of i.ntenti.on~' !!:!~ _, Pavment .. Thereafter, the annual proportion of each assessment cQming due in any year, together with the annual interest on such assessment, shall be payable in the. same, manner and· at the same t_im~ and in. the same in_stallments, and· be subject t.o the sam~~ proportionate penaltj.es and interest afcer _delinquency J . as-would have bee_n the case had . bc-nd~ !JE~en · tssued to represent the unpaid asses!iments. CON~ECTION CHARGES AND ADVANCES 1HEREFOR --. Connecti<!.:,.~Charge Assessments Charges establi~h;~d by the C{ty for the privifege ".>f connecting to the City's ·sanitary· sewerage or water facilities, or as a condition to providing sewer er water· service,:-, may be included in and collected as part of any special asses3ments-levied under the provision's_ cf. this.Codeo · I)i vis ion of Assessmen!_ In. any proceeding for . the acquisition or construction pf sanitarf \sewerage fa~ilitit?s or water facilitie~. ?r l:f,b~h ~ the Cottrici 1 may ~i~.~ct '.~n~t each _a~.se~s-~ \ ment be d1.y~ded intc two parts, one r~px:.esent;:1.ng a conn.ectiou. charge (hc~jHn~fter called· "tlie-.conn.ectl.on ·charge port ion'!) and the other. the balance ·'remaining· after deducti.ilg the connection charge portion from the originai total assess• ment (hereib.after called "the· ref,afning-balance")·. ·,· ., .! / ·,' .. (c) (d) (e) (f) Section 40.118 Continued --___ ,_ C:ormect im1 Ch<iJ:ges -Establishment Charges for the pri vilcgc ot connecting to the sanitary sewerage facilities and water distribution facilities of the City are hereby established as a c<mdition · t?· th~ provid~ng of s7wer or water ser~ice, •i..-'v ... h~f"".....,v'""•••~ ~ff~~t ,.._'v'".P , n ~n,,. 01. ,,_an n.,.-n."1 Ol"~f"' !:\ro~ nr nnrtl.On --------------............... L ... J o .... ·-·· r--J---------r-~ --· thereof upon adopti~n of the Resolution ordering cash advances in any project provided for in Section 40.118(e). Id. ~ Amount :The amount of such connection charge in each . project area or portion thereof shall be fixed in said Resolution provided for in Section 40.118(e). C~~h Advanc~s. t? P!'o~ect In any project ~n wh~ch the. Council · directs a d1v1s10n o assessments as provided in Section . 40.118(b)) the Resolution directing such division shall pro vide for cash advance3 to the project to represent all of the connection charge protions of assessments except those as to which property owners have failed to exercise the .~eduction dption as provided in Section 40.118(f). Property Owners' Oe_tion In any project as to which such charges are fixed at1d cash advances ordered, one connection charge ·shall be included in each individual assessm·~nt as finally confirmed by the ~,uncil and retarded in the office of che Sup':O'rintendent cf Streets. The owner of each parcel assessed, in the noti~e to pay asaessments, shall be given the option of reducing his assessment by the amount of the connection charge included therein. The original ::c:cord of any assessmeP.t as t;o which the option is r,.xercised, shgll be r.;arked "$. · _paid by connection charge deduction" (ir.serting the amount of charge to be deducted). Each connection charge deducted, as we~l as any charge represented by the City's cash advance t6 the project} shall be payable in cash at the tii:ne of connection to the facilities constr11ct~d in the proc·eedings. If a connection charge is left in the assessment and either paid in cash or allowed t0 go to bond, the property is entitled to a sirtgle connection without payme~t of furth~r charges ther~for other than the cost of constructing lateral connections .. riot included in the proceedings and any permitJ inspection or otJ:i.er fees nmi or het'ea fte·1·· -es tab 1 ished by the City. The Council may, by Resolution, change the amount,of the charge at any time; If the option has. not be~~ ~xetcised by the end of the case payment period, the owner ~ill be deemed to ha'.>e ·elected tc leave his assessment ut1,ch·anged. ,· '. • ,• Sect ion 40. 119 SEC. 40. 119 FORCE ACCOUNT (a) (b) (c) (d) (e) (a) (b) Force Accoun£ The Council may, by resolution adopted by a tour-f Uths · vote of a 11 its members, in°' the manner provided ··in and· controlled by the provisions of the Charter of said City as in effect at the time of the doing of the work, d'=!terrnine and declare that in its opinion the work in question may be more economically and satisfactorily per- ·. formed l:>y day labor, and/ or the materials and supplies purchased at a lo-wer price in the open market, and to order that the same be dcne by force account, in the manner . herein stated·, without-further. observance of the provisions. hereof with reference to the award of contract, or execu tion of contract or bonds. City Engineer In .such case the City shall have the same rights as a contractor, and sucb work and improvements shall be directed by the City Engineer. City Rights '::!h2n such work shall have_ been completed, the CTty shallbecome the owner of the assessment made to pay the cost thereof, and of· all bonds issued thereon, with like power of enforcement as if held by a contractor. No w~trartt need be issued in such ~&$~. Payment The Superintendent of Streets or other City officer designa~~~ by the Co~ncil is authorized, after the assess ment and diagram shall have been rE:corded, to collf!ct and receivt:payment of the severAl amounts due thereon in the manner provided in such act under which.the proceedings shall have been taken, for, and in the place of, such contractor, and his statement of payments received, when filed, shall constitute and be in lieu of, the contractor's retur~ of the warrant and statement of payments received. Bondq. Such bcmds, when issued, shall be made payable to beart-.:r. REVOLVING FUNDS ·Revolving Fund In the exercise of any, of the powers now or hereafter provided for in this part, including the right to take immediate possession in eminent doma.in proceedings, the Council may create, u_se and reimburse a revolving fund or funds. - Procedure The_ revolvin-g fund may be established,' operated reimbursed, ·reduced or dissolved, in which event Article 2, Chapter 3; Division 4, Title 4 of the Government' Code shall apply< .... . ~ ; . 415 • -• •• • <"·~ • ) ·1 . ' ··---=--. .. .. ·Section 40.121 SEC. 40.121 ASSESSMENT AND DIAGRAM (a) Asscsr·crient Parcels may be descrfbed as contained on the assessment roll on \.Jhich City taxes are collected, or with refererice to recorded maps or deeds or assessors maps, or by other means su~f~cient for identifications. (b) Diagram The diagram may describe the property in reference to or be copies of official maps or assessors maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements. 416 e Section 40.201 OJVISION 2 SEC.· 40. 201 GENERAL PROCEDURE PkOTt.BJS ---- Objections may be made to ordering improvements or acquisi tions,, or to grades, or to an assessment, or the extent of the district, or to any supplemental assessment or reassessment, th.e . legality of any act or proceedings, or to ch.flnges, .·or to any part of any thereof, at or before the hour: set for hearing thereon. (a) (b) (c) form Protests shall be in writing, signed by the protestant, contain a description of the property owned by him sufflcient to identify same, and state cheir interest therein and the nature of the protest, and be filed ~ith.the City Clerk. Le~ality Objections to legality shall specify the illegality an no other illegalities need be considered. · -. ' . ?J..ajoritt Protests The Council, by· the affirmative vote of rour-n ths of its menlb.ers' may overrule. protests by the owners of more than ·half the area to be assessed. SEC. 40.202 (a) (b) (c) Tim~ No hee:1ring ne(!d be set for a longer period than the time ~equired for'gi~ing notice thereof. Heari*~ At. the heaiing the Council shall c6nsider ~bd pass upon die protests,_ may remedy or c.orrect &ny irregularity~ and may order any improvements or acquisition to be c0;npleted according to the plans and specifications and to their satis- faction. · · .· Continuances A hearirtg may be continued. Where any matter rs noticed for hearing and is not beard it shall be deemed submitted and may be acted upon at any subsequent meeting • . . SEC. 40.203 MODIFICATIONf, ~ .... ---~ .. ··: During the progress of the project, th.£! legislative body .. may· mak~ changes in the improvements or acquisittuns, the boundaries of the propo,sed assessment distric;t, or the ,assessment or the estimate of 'Jo--S-ts, or in any of the proceedings or procedures. (a) ·,~'I Notice 'Where said changes result· in extending, the boundaries· of the assessment district, increasing the total amou~j:: to be.-:=ollected, or increasing improvements or acquisitions or making substitutions therein, or.in the proceedings or pi'ocedures·, they shf.l.11 not be ordered exc·ept after notice Of· its': intention SO tp do has been posted and .'published in the newspaper in which the resplution of intention 'Or ... . notice ·of· improvement was. published, describing the~· propo9ed changes <i°nd ·Specifying .the-time arid place of hearing~_ 417 ------------------~--------------------~----------------------------------------_. _________ ..,. • ;:. e- Sect ion !4Q. 204 '.b) Protests Pr'<H:ests may-only be ma<i-t!""~against-·the-proposed---~-- l;:hanges. {c) (d) Order lf no pr·'Jtests are made, or are found to be insuf- ticient, Or ha."\1 C bct:il UV~-i.:~ul~d, i.ilWriridiat61-y -tiiBt°!J(Jl1--the: _________ -_--------~------ Council may ord~r such changes. Re.cord Sa id changes may be made upon the face of the plans, specificati0ns:i estimate, diagram~ assessment or other docu ment affected, or by an amended or supplemental document. (e) Lien .The li~n date of :the original asse~sment shall not be ·· 3trected by such order. The li.en date 'of such changes shall be the date on which the original assessment was recorded. SEC= 40.'.204 SUPPLEMENTAL ASSESSMENT If the first assP.ssment for any improvement or acqt:1isition, or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judg.nents rendered, or to be rendered. and the costs and expenses of such action or proceedings, or the estimated amount of· any thereof, are insuf ficient, the Council may order a supplemental assessment to r~ise such deficit. · (a) How Levied Said assessment SPall be ro6<le and collected in the same manner, as nearly as may te, as the first -assess ment., ,or a reassessment may be had therefor, and said proce.~dihgs may be repeated until sufficient money is raised to pay for same. (b) ·_Nottce.and Ord~r Notice shall be given~ protests may be made, arid said suppJ.emental assessment.heard, confirmed and re~orded as herein provided fo~ modifications. (c) Payme~t Proceedings for notice, de~_iand and payment shall be had as provided fo.t' the· original' assessm_eil.t. ...... _ ... ~=.-418 ·1 I I I Section 40.301 DIVISION 3 SEVERABlJd..'t'f; Vt\LIDITY; REASSESSMENT 40.301 If any section, subsection, sentence, clause, phrase or word of this Code is held to be unconstitutional or invalid, such decisioi1 · ~i1a i1-,-~·:J t-.;("ff ~Ct th~2-·-·rcm-a ihin2 .~ lJt)rt i~Jf°!S of thi-s Code:~ The Council hereby declares t~at it wo~l~ have adopt~d and ~a~s~d this Code and each part, chapt~r, article, division, section, sub~ section, sentence, clause, phrase, and word her_eof, irrespective of the fact that any one or more of other parts, chapters, arti cles, ·divisions, sections, subsections, sentences, clauses, phrases or words hereof be declared i~valid or unconstitutional. SEC .. 40. 3·0:~ .. -wAIVER .All objections not made within the time and manner herein provided are waived. SEC. 40.303 ORDERS FINA!, --·---a.--r---..:...-- All decisions and deterl"1iriations of the Council, upon notice and hearirtg, shall be f:ittal and cbnclusive upon all persons en titled to appeal, as to all f~rrr-rs, informal_ities, omissior.~ and irregularities which might have been avoided, or which might have been remedied, and ~-s to illegalities not amounting to a tNant of due process of law. · SEC. l+O. 30!*" NOTICE OF AWARD ---- The not.ice to pay assessments under the Street Opening Act of 1903 or the Mun.iCJipal Improvement A~t of 1913, and a notice confirming assessmE""nt or reassessment under any other procedure herein, shall have like curative effect as the Notice of Award under the Improvement Act of 1911. · . SEC. 40. 305 · LIBERALLY CONSTRUED This Code shall be liberallv construed in order to effectuate its purpose. No eircr, irregul~~it~~ informality, omission or illegality, and no neglect or omission of any o_fficer, in any procedure_ taken hereunder, which does not directly affect th.e jurisdi_ction of the legislative body to order the work or iroprove- ment, shall void or invalidate such proceeding or any assessment for the cost of any work or acqrdsiti(m h.ere~nder. The exclusive re.rnedy of any person affected or aggrieved thereby ehall be by appeal t.o the Council in accordance with the provisions hereof. SEC; 40.306. VALIDITY ' . No step::in-any proceeding shall be; invalidated or affect~d · by apy \error or mistake or .departur.2 !=tom the provi.~.i6ns of tllis Code 'a's to the officer or person pb?t:i,ng or pµblishing or mailii1g, or: procuring Lhe publication or pO'dtihg· or m.a_iling, of any notice, resolution, order or·other matter when ·such notice is actually given for .the time, required. . . SEC. 40.307 EFFECT OF P~TBLICATION , No assessment, reass~s~ment, suppJemental ~sses$ment, warrant, diagra~ OJ: bon9-j or· any of their levy or. _issuart(::e, and ~O pro• ceedings for same, shall be held invalid by any· court for any . . 419 •:" : ~ ~ ·. • Section 40.307 Continued e~ror, infor~~lity, omission, irregul~rity, illegality or other defect in the sa~e} kh~re the resdlution of intention or notice ··--···v-f ~~p1-0~'""~""y;t-!~'1Pi"-ho,.,,.,.,.. -~C.._Uci.U.~ • ..,.,,).,.1 l..,i.,·,..,,.t <>c> hare1'11 nrO"v-fr1.or1 . .J...l<J l. 'li"-l'i.,..,.&a'-:i.li~Y-,._ ;,._.:-_._ ... -'""" 1-~-~J-pu-_:.:i_-_Q;l;__-:r.,;. ~"°.:::: --~-:.~ •. ."-_1 :t --~-_,___...._-.:-,__--,__ ... .., DEDICATION _ Nq_proceedings shall be held to he invalid upon the ground t i"fa t---ti-i{: __ ·_µ·t;iit;ti·L= r;; uµv;-i wl1ic !i. t.l:c-~~~-er!: O!;-~i~p rc,.~!'crnBn t· ~)t'" -p~i-~~-t--- thereof is to be or was done, had ~ot been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acq4ired or an order for irmnediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action. SEC. 40.309 LlMITA1'10N OF ACTIONS c,,,. ... .._ _________ _..,~. -·----~--- No act.ion, si.iit or proceedings to set aside, cancel, void, annul or correct any as~essment or reassessment, or to review any of the proceedings, acts or determinations in any proceedings, or to question the vR1idfty or to enjoin th~~ollection ot any assessments or reassessrr:ents or supplemental.assessments shall be maintained by any person unless such action, suit or proceedings shall have been connr.tnc0d within thirty (30) days after 'the acqui sition or improvement had been ordered or such assessment 3hall have been confirmed. SEC. 40.310 LIMITATION Q_F ACTIONS; AD VALOREM Where such nroceedirtgs are for an ad valorem levy, the peridd shall be thirty'llO) days after cite ordering of said levy with referenc~·to.sf.l.id levy as to any l~vy, and thirty (30) days after ordering the issuan~e of said bonds with reference to_ their issuance as to any bonds. tf such action or suit is not brought within the ·time herein specified, all persons sh.all be barred from any such action. SEC. 40.311 LIMITATION OF ACTIONS;· llEFENS~ No defense based on invalidity or irregularity in any Stich proceedings shall be raised or pl~~d~d after the expiration 6£ such thirty ·day period. SEC. 40.31/.. VALIDATING PROCEEDING The City Council, at ·any time after t~1e ad0ption of the resolu.tiorl of intention,, the proposed· ·c.ontractot', at any time. a !;rer the award of the c:ontrac t to him, or the proposed ptirchl'.\ser of the warrant or a:ny bonds to be issued~ at any .time after the · assignment of said warrant or· award of .said bonds' .. to him, may bring an ac:tion in the Superior Co,urt of :the State of Californi~ in and for' the County in ~'hich if i~f situatet:f, to determine the v.alidity of any such proceedings and of: such, proposed contract, 6~ of the assessment ~r tax le~ied or toibe 'levied~ or 6f s~id bonds iss.ued or· to be ·issued. SEC. 40.31-3. PROCEDURE. :,I_ 'I'he valtdation procedure of the Improvement Act of 19il shall apply. · 420 . -; ~ ' -' .- Section 40.314 SEC; 40.314 REASSESSMENT - --rf-i:n--tl"re-cpinicn -of -the Council. _an~ 8.$_s_essm~tl.t_heretofore or hereafter. issued is void or unenforceable, for any cause~-or -- if bonds are issued to represent -0r be secured by any assessments and such issuance is not effective through the curative provisions -.. -• --~ . • 1 h 1 . .:I d f bl • f l' applic~.bl.r:--tr'P.'i""f>'f°.-. tr-. r;1a.te t. em va~ia an __ en orcea _ e, or 1. tie previous aseessment or bonds are insu.tficient tc pay. L.h~-(;v5l 01' estirrated cost of the project, or if the Coun<:=il shall detennine that tbe public interest will be &eived thereby 1 a reassessm~nt may be had. (a) {b) (c) Unco~leted Improye:ment Where the asse,~sment was for an unccmpieted improvement a reassessment may be had notwith-. standing the improvement is not completed. lf1 such case the reassessment shall assess upon the lands benefited the benefits derived.from the improvement or to h~ derived from the improve ment when completed. When and How Much The reassessment shall b~ made upon the demand 0TtliecC.ntractor or his assigns, o.c the owner or holder of bonds aggregating one-third of the principal amount outstanding, or upon order of the legislative body, and shall be made in the manner and form provided by the Improvement Act of 1911 and Imp,rovement Bond Act of iq15. Nothing c<,ntained her~in shall prevent the Council frou." orderi~g a reassessment ~n itH motion, &nd its decision so to do shall be.final. Interest ln the resolution ordering the reass-essment, the Coun"Crr-$hall determine whether said ·reassessment shall -· include interest and if so, the rate at which and the date _ from which it shall be computed. In lieu thereof, it may order .. that the reassessment shall bear interest a.t a rate arid from a date cer~ain. - (d) Payment If -the bonds have not been issuedf or if the bdndc.:, ··outstanding ar.e not to be replaced by new bonds, proceedings for notice to pay 7 <iemand and. payment. sh~ 11.. be h?...d as provided fo~ the original ds~~ssment. . --'.t 421 . ,~. DIVISION 4 SEC. 40.401 e Section 40.401 ~-Qr.~rs:.-~ION AND IMPROVEMENT PROCEDURE ;p-r~;sr IGA'I'lON -PROCEEDINGS {a) ,_ -·--~ -. . .._ • 1' . • ._ ... h .. th h 1 • . ~~~~:~i~;c~i a~~~~=~~l~~ -~~~~j_-~~-~~p=~~~l~l~l~~ =~~f~~J.e__ -------- improvement and proceedings should be taken without complying with the provisions of the Special Assessment· Investigation, L"imit~ t i~):i. i~~~-n ~-!Hj ~~t'"f t )i-_ -P-r··;t· Hh t: ~ A~t;. of -l 931 _'!-a public __ hea_r!_ng ·shall be held on the said question of the public convenience ~nd necessity therefor which shall be c~lled and notice of the time and place thereof shall be given in accordance with the provisions of this section. {b) Preliminary Detennination of Necessity A resolution of pYe liminary detennination sfiall be adopted describing in general tert'ls the proposed improvement or acquisition·and setting a time and place whe;i and where any and all persons interested may appear and show cause, if any they have, why the Council (c) (d) (e) (g) -·:-should not find and determine that the public convenience ·and necessity_ req 11ire the proposed acquisition C't" improve ment without c~.mpliance with said Investigation 1 Act. Notice and J1~.ari,n_g The resolution shall contain a notice of the time and place 6f hearing. A copy of the resolution shall be published in two or more issues of a newspaper published and circulated in the City, and a copy shall be posted on or Ji.ear the Coun<..'il Chamber door or on a bulletin board in or adjacent to the City Hall. The posting and first publi c~tion shall be had at least ten days before the date of hearing. The resolution ~ay be consolidated wit~ the r~sol~tion of intention and the notice may be incorporated in the notice of improvement. ' 9biections Any person' interested may object to undertaking the proceedings without first complying with the provisions of the said lnvestigatioq,Act. : Fina_l Determination of Necessity · If no protests· are made·, ·or when the protests sli"all have been heard and overruled, the c.ouncil .may adopt a resolution f ihding and detenntn~ng that· thepublic.convenience and necessity require the proposed improvements and/or acquisltiorts, and that the Investigation <Act shall not_ apply. The finding may ~e incorporaced in the resolution ordering the l.mp:tc.vement and/or acquisition. Modifi.ca.tiori · When proceedings are had for a change and mod ific.ation, . the resolution of intention to change and modify shall b'~ deemed a resolution of intention and' the-·re'solution ordering the change$ and modifications shall be deemed a ~eso,t.ll.tion ordering th~ improvement or acquisition as to -the' chartges and mod~.:ftcations. . . Juris.diction The ·resolution detennining the convenien_ce arid necessLty snall be adopt~d by th,e affirmative vote of four fifths of the members of th~ Councill, and its findin~ arid detennination shal 1'1 be fLo.al ,~nd corl.clus iv,e. · .. ·-422 ,..;: ·:,.-. ,, . . . ·:.-· (h) • Section 40.401 ,Continued Non .. api;}icatioJ! _ This s~ct~?-~--~~<;tn~l _ll<:>t apply ~o a proc7eding which 1s excepted trom the provisions u[ t:he said-Investigation Act, or when the iu~estigation proceedings have bet;;n avoided Vi ___ takcti pu-a:~u:l~t t~\---~-a-id.--.;\t: t. ------·---__________ _ (i) Finalit_x When proceedings for any improvements and/or , acqUTSitions or any part thereof have been undertaken without ---_ -=_-~. -~--ct~~r ~-i-~ n~~~ --T~~~i t!1·~~ t11e· ---In"'\iP $ t-~~g_a t:ipn-:·Ac t--or., .. \·J..i_t_h_o'-J~·-:.: P~Q~:_~~<:i1~_Qg~---_-___ -·_-_--_-_-_::-_:·::"-;:__ under this Section, proceedings may thereafter be-hi~ tirider -- this Section with referende th~reto, and the order of the Council deter-mining convenience and necessity therein shall be final and conclrisive. SEC. 40.402 UiPROVEMENT ACT OF 191 t (a) (b) . (c) (d) (e) (f) Powers When proc~eedings are taken pursuant to this Sections the Improvement Act of 1911 shall apply. Ca~h Assessments; Alterriative Collection As an alternative methooTor1:he r.:ollection of· cash asses'sments or assessments of less.· than. fifty dollars ($50.00) levied under the pro .visions of this section, the Council may, and upon the written reques~ o.(. the contractor or his assigns must by TE?Solution adopted at or before' th..:-first day of September' direct that such assessments be collected upon the tax roll ~pdn which gen~ral taxes are ~ollccte~ for ~he City. Cash Assess_ments; _ Resolution, ·contents The resolution shall contain a aesc.i1.ption of the properties· so assessed, the amount of ·such assessments, together_ with interest thereon fro~ the date· of filing the originai list of unpaid assess ments ·and at the rate of one per'~cent °(1%) per month· to the ·next succeeding thirty-fir·st day of Deceuilier of the tax year for which such roll shall have b~~n prepared, and the total amounts of principal and interest on each property. Cash A~sessm~"nts; Ff 1 in~. A certified C:OI?Y o,~ sa~d r8·solution sharrDe delivered imme 1ately to the officer designate<} by law to extend City taxes upon the· tax.roll on which they are.collected. · Cash Assessments; Extens'ion on ~oll Said officer shall extend upon such iT-1 l ·the ·total amounts of such assessments and intere.st. ·Cash Assessine,nts; ·-Collection _ f;aid amounts shall be collected ~'"at tl}e '-Same tlme and. in the.-same -manner, as general municipal '"taxes are collected, and b_e surject .to' the same penalties and interest, and to th~ ,sam,e· procedure ·und~.r foreclosure and, sale in· cas.e of del:tb.quertcy; as provided for general _. municipal. taxes,<all of which-laws for thf' levy, enforc~ment and "coliectiC-{n o_f which are hereby made applicable to s\Jc:h special assessine,nJ: taxes. -- -~-423 (g) (h) (i) (j). e Section 40.402 Continued Cash Assess~ents · Pa hnent to Said assessments antl t e interest so ent ere s a ecome due and pay ab le to the contractor or his assigns at .the office of the City · ':l'l'.'easul:'et: on the sec9fl:<i_ day of J_anuary next succeeding. ---------:=--~----------------.-0·'---·- Cash Assess'mentsi Default Upon default in paymentf the lands so assessed shal~ be sold in the same manner in which real prope~ty ln such City is sold for the non-payment of 'general 1uut1i~ipal-tax0$, --riih:! -bi2 sUb-j ci-=5t~-tc--f€dGmpti-On \~i-thin--~orre-}'ear ------- from the date of sale in the. same mariner as such real property is redeemed from such delinquent sale, and upon failure of such redetnpt ion, shall in like manner be sold· or pass by ·. deed to the City~ 'The City.shall not, however, be required to pay into the assessment fund any part of such delinquency ·until such property he redeemed or sold and money received therefor. Cash Assessments· Default; Resale · Upou. receip.t of such_dee<l ,:.· the C{ty shall t6ereupon oFter and sell such property at-public ,auction in the manner provided by law for the sale of its tax deeded property, and the amount of said assessment and the penalt~es and interest thereon less the costs ,of said sale shall b~ paid to said contractor o~ his ~ssigns. Cash AssessmEntsj Default~ No Bidder ·In the event there shall nave been no bidder offer{ng the amount ther: due 6i1 such ~roperty, it may, at the City's electiori, be de~larPd sold· to the o\vner of such assessment, and in like manner be . deeded to him, and such assessment'otdered satisfied of te~6rd. SEC. 40.403 STREET OPENING ACT OF 1903 . (a) (b) Powers When proceedings are taken pursuant -to this se!~tion the Street Operti.ng Act of 1903 -shall apply. • • < Closing Said preceedings may be··for closing :or abandoning any street or easement,'and the Council may therein detennine that no assessment is· t!~c_es·sary. ' ~ . ' . (~) Resolution of Intention ·The ord:lnarice of ir.~ention may be ·' caliea a resolution. ' · · ,(d) (e) Notice of. Improvement The notJce of. i.ml)rovemen{ shall be so calleo and no map need be cohtained therei!l. ·:. · Cash .A~ie~s~ehts ;_ Aiternative'. C!o.lLectio~. /Cash asses~~erits or.ftssessm~nts'for.Xess than·$so.op may 1=!.~ collected as provided in the a·1u~rn~tive procedure of Section 40.402 of Divi~ion 4 here6f. ·_-: SEC. 40.404 Sec_t ion 40 .. 404 MUNICIPAL IMPROVEMENT ACT OF 1913 (a) '"") \-. (d) (e) ( f) (g) (h) (j) .... ,, ... _ .•. -....... .,,.~~--.----·-'--111..-........ P~lwers When proce'=ding·s are taken pursuant to this section 'IT-TMu;~lcipal Improvement Act of 1913 shall apply. l:t~.!!.rir;;g 1''1e hearing on the report need not be set for more r.'fian-, t'2n ( i.O) days beyond the date of setting . . $.orids :Bends· tt.ay --be id cued upon any sulip i~:-~~~nr~ 1 ~~se~~:r·~en1: ·---ar:d' more t~ar. one such assessment may be had. p,av;-::,e,..~t ·· Tine Tt.,,.e tLne provided for pay:nent. of assessments ria·y i:;e-·~fJa.-t='fy-· ( 30) days, · Pav:·;Pr.t; To wz,om Payment shall be made to the City Treasurer un!es·s-'tne Council shall specify some other officer to whom ·_ pay!'lents are to be made. · E'Tii~~t·r.t Do'::'lin Proc€e.dings fn cmfnent domain :may be exer <c~[sed~'i:rtde'r--Ffie Code of Civil Procedure. St iP.\J l at:L)!1S for Judg!!lerit St ipul.ations and proceedings l1i_ereo:t1-Tor-]liagment maybe had aF: providerl in the Street Opening Act of 19030 Offset Awards a.ad assessments may be offset as provided ln""f.Fe Street Opening Act of 1903, Referees Reference to.referees mav be had as provided .in TneStre·e t Opening Act .·of 1903 ~ . ~urplu~ Where s~rplus is not used ~or maintenance of the 1mprover1ent and 1.s ordered refunded and the assessment has be(~:r1 p'aid in '~ash in fu~,1,-.the portion of the surplus appli cable thereto ~hall be returned in c~sh to the perjon ~aying i'l~ tip 0.J:~ his /1 ~r"1J$,hi1\g sa tisfat:tory evidence of such payment. l.;h~ det..er:'.!linatiori of the City Controller as ·to ,the sufficiency of such proof and the person to wh<;>m such money shall be paid slHll .-.Le fir:.al and conclusive, Where the assessrnent or any ' n • I 1 t ' . ' d .t.h . -d ' t l -11 b . 1 ' d h t. ... 8 .;a ...• ~.er1.: 1s unpai. , . e ere 1 . s -._a .· e app ie upon sue assess'.r11:nt or the '·earl ies_t unpaid installment of principal·. and int~~resf. ·When bonds have be·en, o'r are provided to be , ''issued 1:'-:der .Bond Pl~n 0 or E ot C, the surplus shall be <leposite,d in the bond. in.terest and redempt;:ion fund. Any ·su'rpluses rerraining unexpt.~nded for a period. of fou,r years after f~.r:'.al completion of the projec;t and· payment of all costs and expenses thereof 'inay be tr.a_nsierred. t(l the general fund, ·As to any such surp l\J.ses ex,is t irtg at the .·tin1e of the effl:oc'tive. date ·of Ordinanc;e ~o_, 2204. (Septemb~r 24, P~64)., s.uct:· t.rJ1nsf ers may be. orde.red by ·the Cqu,~cil after 'h~aring fo11qwing n6tie:e hy publication and posting of ·:t.ntentio'n to do ~o~ · · · ..... ; I) . ' .. 9· Section 40.405 SEC. 40.405 f~:NG DISTRICTS (a) (b) (c) {d) (e) "-'( £) Parking Place Parking place includes a parking lot, garage, or su'6-surtace structure, including the grading, paving, draining, seweri.ng~ lighting or other.vise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles including parking meters and other equipment and facilities necessary or convenient t:herefor, together· wit_q the_ provisions necessary or conven ient for· ingress to and cgiea·s: from such-p 1Rces. fower There is hereby vested in the Council the power to acquire, construct, reconstruct, install, extend, enlarge, repair, improve, maintain and operate public automobile parking places within the City;··to acquire, by purchase, lease or eminent domain the lands and public rights of way necessary or convenient therefor, to acquire and construct public improvements and equipment and facilities necessary ·or convenient therefor, .and to le;.iy assessments and issue bends to pay for the cost of the whole or any part thereof and the expenses incidental thereto. DiJl.!:rict . The whol~, or any pol_'tion, of said City tnay be - tonne·.' into an impro·vement and/or maintenance district and ·assessments may be levied upon,· and bonds may be isst:.ed against r the propertie~; therein for the purpose of paying for the costs c1f acquiring, c~nstructing, reconstructing, insta[ling, extending, enlarging, repairing, improving,' maintainin6 and opei:ating parking places, and the expenses incidental thereto. Proceedings fo;r the fonnatlon of such distrLct or ,districts levying such assessments ..and issuing ·· such bonds, shall be had as provided in Divisi·ons 4 at\d-5 -of this Code. Property The City may purchase, lease> obtain, option upon, acqulreby gift, grant, bequest, devise, eminent domain, or otherwise, and hold, sell, leas~, exchange; transfer, assign, or ctherwise dispose of~ any real or pe!.·sonal. property within .the City·, or any. interest in, or improvement on, such property. All property shall be acql,lired and held in t_he name of the City. . . . ~-. Cl.ty Lands. City lands or p~operty;µiay be acquired. In_ such event the resolution of intention shelf-describe same and . state the amount and manner qf payment of the compensatibrt. In ~ieu thereof; the Council may provide in said resolution that the compensation for said :t;toperty shall.be an amount to be fixed h}~ the de'cis ion of tw() . or three disinterested competent appraisers to be appoln.ted by the City Council. . . Sale of Property TQe COuq~tl, may -·sell any property, acqt1j.:ted -for parking pfaces which L.~:-nbt needed therefore -Any money received from· such sale may be used. f<?~, t:qe acquisttio_n, construction or improving of oth~r parking places.Jn said :_ d_istr~ct., It m{ly a'lsci be applt\~~!,,as :.e'.'credi.t on any assessments levie.9 for :the acquisition of $us~ ·pi;qpe~~Y, in . which case the provisions of Section 40.404(]} shall apply. 426 (, Sect ion 40. 405 Continued (g) Lea~£_2_[_~!.?E~.£!:..Y When! in its opinion? the public interest and econo~y wi11 ~ serv~d thereby, the Council ~ay lease one or more parkir·.g plat:es and facilities. In so doing, the Council may restrict or partially restrict their use to owners and tenants of real property in the district and classes of persons designated by sucti owr.ers or fer.ants. (h) El-1.;]?ius._El?l~~ SU.rplu$ space may be rented or devoted to _c9rn..rn? re i,a uses otr.er than for the parking of automobiles when --i-t• -c~-.~--cu-...tr~~ -t-!.-' ~ ·j-~'"1.g-:--~~Gn t -it .. i~i---n0cc·c~~ry C:r coh\.!'!?rt-1.e~nt -eo !~l~nd1.rc ~ or permit such use in order to utilize properly the property as a parking space. Rentala received for such purposes shall be deposited iP_ t'"1e improvement fund or in the operating fund cir .in the bond interest and redemption fund for said project as the Council shall dete~~i~e. (i) Fees and Renta]s Tne Council may fix rent~ls~ fees or other chargesro·r---f'fie prope'r ties, works and facilities of any parking place. ln so doing, it may establish rates, charges or rentals for the owners and tenants of such properties artd classes of perso~s designated by the owhers or tenants which differ from and are less than the rates, charges ar:d rentals charged other persons, (j) _9pe£?t.i_2E: Such parking p1aces may be maintained and op~~r,... ated, ana a11 or any costs .and expenses thereof, includ~nP, rent, repairs, ~epJacement, fuel, powe~, electrical current, car~, supervision: a~d any other items necessary 'for the proper main ten~nce and operation thereof, may be expended for that purp6se. Included tn such costs ciay be the co:Jt of replacements, improve ments. and extensions to any parking place necessary or cc;mvenient for the proper operation thereof. (k) Mainten_ance Cost An annual assossment. may be levied upon the rea"fproperty w1Thin the district es tab1 ished therefor for the purpose of maihtaining and operating such parki.ng places-. '~· Such assessment shall be· in an amount clearly sufficient to pay any and al 1 costs and expenses of maintaining and operating ·.such parking places then due or thereafter to accrue before the pro- ce~ds of another levy shall be available therefor. Such levy shall. be apporU.o.necl' among the properties within such <li3t.rict on the ba.R.is. of the ad valorem value of such land as shown o·n th:e last equalized secured and utili~y tax i6lls upon ~hich City takes are collected .. .(1) Annua t · Reeor.t. When an.y part of. the operative cost is to be paid Dy a spcci.al levy, the City Manager shall annually -.fi:.le with the City Clerk a wcfr.tef'., repo!"t stating in 're.asonable detail the estlma'ted cost of maint·er;~nc~ ·and operation for· which an assess-: ~~nt. is to ht? levied in that year_, includit'tg the cost of replace= 1rtent s_, improvements an4 exr.eps ions tu any parkir.g place. It shall also·s_t~te· the rate of tht~ ·_te~y to be ma-de therefor. When such _ report sha 11 have been pre 1 imirtari ly. api;>t'ove·d by the Council, the · .' ·, ----------~~--------'"---------------------------.... --... • • Section 40.405 Continued Clerk shall give notice to interested persons that such· report has been filed in his office and open to insp~ction,~and of a time and pl~ce when such report will be heard by the Council and an assessment ord~red .. Such notice may be by publication in a newspaper published. in _the City, or if _nC?ne, in one printed and published in the. County and circulated in the City, or by mail. ·to the li:ti:>l assessees-·of··the property ut· their addresses appear ing on the last City tax roll, or as known to t_he Clerk, at le~st ten days befo:re the day set f_or h.~aring. <· (m) Hearing on Report The report shall be fully heard, and may be altered, amenaed or ;:;uppleinented by the Council. When all objections have be~11 heard and action taken wi.th referenc_e thereto, by their having been --overruled or otherwise, such report shall . be confirmed by resolution of the Counci.l. Such levy shall become and remain a lien on the property described th,.:'rein from the date it is confirmed until pai.d. (n) Id. -Col lee ting Assessment The officer who performs such·. duty sliall compute and extend the amounts thereof on the next tax rolls on wl1ich City taxes are collected, and it shall be collected in the same manner, an<l be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for non~ payment thereof, and ti.tle shall pass to the purchaser, as pro vided for City taxes, except that the period of redemption shall be one year instead of five. (o) Transfer of Funds The City may advance funds for the acqui.sit1on, construction or improving of .such parking places, or for the maintenance and operation thereof, and reimburse it self from the proceeds ·of any assessment subsequently levie<J :fo_r th~t purpose. It may also make contributions thereto from avail Bble funds. (p) rJ-edge The Council may, ·at any time, make such pledge or pledges as it shtl 1. l determine, for the payment· of the principal ·and interest of the· bonds, or for the mair1tenance and operation of the facilities acquired or to be acquired therewith, or for adequate reserves, from. the income and revenue of on and off- str~et parking facil{fi~~-. . (q) Covenants The Council may 'provide a1l'proper and us\1al covenants. for the proper. security and payment .of th?' principal and interest cif the bonds. · ·~' (r) Alteration of District Boundaries The boundaries of such , district ·or q( any df"strict forme.d pursuant, to any Section of this. ·Code or pursuant to Ordinance No.· 844 or Ordinance ,No •. 1928 or pursllant to g'eneral law may be enlarged at any timCi 'either befo·;,e or after the issuanc'e of bonds. The ferrltory to be ann~xed shall be ~St forth .in.a tesolution of intention tci p2 ~dbpted by the Council, whic.h shall give notice th&t -said matter~ and all persons i.nterested, will' be heard by the Council at·a' time to be stated , ·:.the~·ein, at -the regular meeting pl":lce of the. Council.· ~ 4~8 • c ·' I .•' -~ ' I. . ' ; (s) Id. -Publication \ • Section 40.405 Continued Such resolution shall be published. (t) · Id. -Hea;/ng The hearing may be adjourned from time to time. At the-earing the Council shall have power to determine whether or not the entire territory, or only a portion th~reof, to be annexed will be benefited by being-annexed. · · (u) I<L. -Order Th~ Council shall by resolution order the ~mnexation of such territory, defining its boundaries therein. ----·~~-· i i" .;" - -~ -~ - -.,, -~ ~ ~ -... -. -~ ~ -'-"'! - - --1 - - -~ -... .---u:s 1.1ec1sion thereon sna.t..i oe £ina.L anu copcl.USl.vc.. (v) Id. -Effect Thereafter the property annexed shall be subjett to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of said improvements. ' . 429 DIVISION ) SEC', 40. 501 ASSESSMENT BOND PROCEDURE GE_.~~AL PROVIS tONS • Section 40.501 (a) Purpos~ When ho~ds ar~ to be issued in any proceeding had .. -·.··H -.!lf\_cl taken in connection with any public improvement, and/or acquisition, ·a-rldior i.mmediafe pos~ression,-and/or street closing,· pursuant to this Code, thE' s;;1me slrn 11 be issued, paid anr.l col lected in accordance with this Division. (b) -:Dec tar-a-t-iu1y---~1r1: Re:~o tut.ion Of 1nt·1c-ntian ~-t~lleh ~tne-.· .. ccul1c-l-l -L shall-nave determinea that bonds shall "'Ge Issued to represent the cost and expenses of any proposed work or improvement or of the possession or· acquisition of any property in -:my such proceeding, it shall so declare in ics resolution of interition therefor~ and shall specify pursuant to which)plan herein provided such bonds shall be issued, the date of their maturity following the date of thei1· issuance,' the interest rate· which they shall bear, which shall not exceed six per cent (6%) per annum; provtded, howeverc that such interest rate may be stated to be not to exc~ed. a rate stated therein. (c) Form of Bonds Whenever any bonds shall be issued pursuant to any one of the ··plans here:in provided, such bonds sha 11 be substantially in the form provided in the particular plan 8peci fied, with such appropriatr:-> changes in the wording of such.bonds as to ~how that they had been·issued pursuant to such plan of this Division. (d) ·. Date The bonds shall be dated as the Council shall determine; provideQ, that fn a proceeding had pursuant to Section .40. 402 of Division 4, the written consent of the contractor and his assigas ~hall be obtajned before delaying their ~3te. · (e) lnterest The interest shali be co~puted from a date on or aftet-Ue 31st day following the res9rdation of the assessment; provided, however, ~hat in a proceeding had, pursuant to Section 40.402 of Division 4, the written consent of 'the contractor or his assigns shall be' obtained. (f) .serial Arnount.s .'The bonds shall be ·made· to mat·~re in suci\ anrn.Ja1~s~rial amounts "as 'the Council shall det·ermine. ·(g) Divisions The bond~ may be issued in more than one division having different· dates and dates from which .. interest shall run. ( !-, 1 - (h), ~eGtJt1~ The signatl.n:~~ :'.?n t:he lntet._est coupons and &11 ~dgnatures excepting one sigrrn.tt.:,>-;~ on the b6nds may be by -:~inted, engraved or lithographed or. oth~) .. 9:rocess. :, ~ ~ "\"': ... l . (i) ·. _§ale of Bonds When any bon<.is .}.ssued · hcreund~r a~e, to be . ·~old; they may be sold by the CouncJl as it shaJl ·dete'1:min1e.. The pro~~eds of suc.h sale _shall be pl.9c~d. in··the CifY rreasury to the .,: t~redit of the fund fen·' which they had been issued. and shall be applied exclusively to the purposes an,4' qbjects theriof. 430 ' ' ·' . . • Section 40.501 Continued (j) Premium If any bonds be sold for an amount in excess of par, such excess shall be paid into the fund for the improvement, unless the Council shall otherwise determine. (k-) ·Registration ~ Against Theft The bonds.m;'ly be registered against the.t't, in which event Article 7, Chapter 4, Division 4, Title 4 of the Gover.nrnent Code shall apply. ---,_ ( 1) :: ~rd~ ,=---_Del i11o~cnt_ -Fiends Bonds ma\:" _b;_e r_egister~~1 f_or--non---~- pa)rment, in which ev-ent~Article 2, Chapter :l,--Part 1, Vivlsion I, Title 5 of the Government Code shall apply,. (m) Id. -Lost Bonds New' bonds or coupons may be isgued to replace-Iost or destroyed bonds, in which event the provisions of Article 3, Chapter 3, Part 1, Division 2, Title 5 of the Government Code shall apply. · (n) Payment of Assessments With Matured Bonds and. Cou£_ons Payment of all, or any portion, of any c:ssessment taxesTevi~d to pay the principal or interest due, or to become, due, on the bonds of any district formed under this Code may be made .with .. matured bonds or matured coupons of such diBtrict. Such bonds and coupons shall be accepted and treated as cash, and when so received .shall be cancelled, and the interest and sinking fund of such district shall be credited with the face value thereof. (o) Charges for Collection Costs I~ lieu of any prov~siorts of the law relating thereto, tne cl ty in posting· assessments to the· tax roll when collected thereon, may add to the amount of each principal and 'interest installment the sum of not to exceed Qne dollar ($1.00) to cover the costs and expenses incurred by the City in the .levy and collection of. said installments. This secticn shall not apply to the collecti0n of· unpasted or unbilled install~ ments paid before their maturity·. (p) Division of'iAs~essments In ·lieu o.f the· procedure pr~vided in Section 4lL .101 and Section 40.504 of this Division .for the · division of assessments, said assessment's '~t1ay be divided upo11 the . . written application of the property owr,~·l" affected in the manner provided in the Revenue and Taxation Cott~ -::for the division of taxes; provided, however, tha~ tlny such application sh~ll be ac companied by a fee of tel1 dollars ($10~ 00) if t}:le 9riginal lot has been divided into tl-m parcels, or five dolla."rs.· ($5. 00) per parcel if the original lot has been div1ded into three ot more parcels. (~) Distributi9n of_~~r lus in .Rede· In the event of a sut'pius rerai· in .ng in t e. nf emption. un a ·ter payment of all bon'ds issued under any plan mentioned. 'herein and the .· ·· interes,t the·reon, for retirement of which such',· fund' was established .I such surplus.shall, subject tq any oth~r opecial proyision herein therefor, be applied first to repaymerit·to the C~ty of any balance du'e it for contributions and advances which it may have made to · the redemp t lon fund .and of any speci.a l taxes· whi.ch i.t may have · 431 . . '·' --_, • Section 40.501 Continued levied in aid thereof oth~r than any regular taxes levied to retire any such bonds, and also qf any moneys due it for costs ir.curred er charges allowed, together with interest on such sums at the rate ~cntio~ed in said bonds. The excess, if any, shall __ b_e_ paid _i.rctP __ t_h.e g~n-~r-<ll _Jund of ~i]~ __ C:ity_'. __ SEC. 40.502 ~OND PLAN A --~LOT BONDS -( 2) ~----P~1,_!:.~·i~S.--_ ·-. W~)Pf~·:. h('H1f~g~ Bi-n ~is-Stte(l ,-pursuant . to -t_h_!_S n 1 :tn the bond provisions of--the Improvement Act of 1911 shall ~pp·l-y. (b) Interest When the assessment was levied under Section 4o: 4020T"oT-Vision Ii hereof, interest shall run from the datE: ~f filing the list of unpaid assessments. Otherwise, interest shall run from a date to be determined by the Council. (c) Asse2.§rr.en£2._.Under $50.0,0 As an alternative method for the collection of such assessments which are of an amount less than fifty dollars ($50.00), proceedfngs may be had in accordance with the alternative provisions of Section 40.4-02 of Division 4 . hereof. SEC. 40.503 BOND PLAN B ~·· DISTRICT BONDS (a) Powers Where hoq!!s-B;rg :issued pursuant to this Plan, the iwprovement Bond Act of 'i915 shall apply. (b) Assessments Under $50.00 Bonds may be issued in-the totdl amount-_ of all assessments in -amounts of less than fifty dollars ($50. 00) whic,h are unpaid -at such time, to mature at the same time as the maturity of the: first series of such serial ponds, and which assessments shall become due and payable at the same time as that· po1·tion of the larger assessments which sl:tall have been ~ollecte'd for the paym2nt of the first serj~s of the ser:i_al bor!ds and the interest thereon. · -- - (~) ,Ur\E!!id List The list of unp~id assessments_ filed with the City Treasuteroy the Street Superintendent shall separately state in slich list -the total of -the assessments which a1~e of fifty .dollars ($50.00) or over in amoµrit and the assessments which ar~ under fifty dollars ($50. 00) in amount. (d) Denominations Bonds for, the amount of· the assessrnerit'.s which {lre not an even multiple' of no't less than one,'hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) may be made to ma1ture at the same time ·as the first series ·of bonds . · _ - _ .·· --· · _ (e) PaX!!!ent_b.t As~essments·Aft¢r BO-n<ls· l$sµed -.Affcr th<: ~onds are_ issued, -tFie assessment· on any parcel may be .. paid in advance .. in the manner provided in the 1915 Act by paying to the Treasurer th~_ 'llppaid ·balance· of princip'al, _plus ·one (i) _year__' s_ interest, •· ; plus. five per cent-. (5%) o_f the u,hpaid, pt~incipal Wmourtt of the' · assessme~t,, plus ten dollars'o: ($1.C). 00) -for the cost qf-publicatio~ of Notice of ''Call: The person p_aying ,shall not be: entitled to - any re.fund. 4)~2 e Section 40. 503 Continued (f) Callinf Bonds When sufficient surplus moneys are in the redemptionund wl"th which to call a bond, the Treasurer shall call and retire a bond in the manner provided in the 1915 Act; provided, that the notice need only be given for a period of thirty (30) days. SEC. 40.504 ~QNil P~AN C --DISTRICT LIABILITY BONDS (a) Powers Whe~ bonds are issued pursuant to this Plan the =--p-ro\.~iB-ions---of-Section 40. 503 of .[Li.'/j_~ i~}~l ~ -f~r i.-lli.-S CcJ~-1~ -shall apply, except as herein provided. (b) Bond Form Appropriate changes shall be made in the form of thebords tp show that they have been issued for a public · improvement or acquisition pursuant hereto. · (c) · S~plemental-Advances The provisions of the Improvement Bond Act "'O't"T91.~1chrequire the City to advnnce, as a loan to the bond redemption fund from available surplus funds, the amount of any deli!lquent installment of principal~ ?,.nterest·and penalties th~reon, shall n0t be mandatory and shall no~ be enfti~ceable. ( d) .f>.!!I!P lerne~_i:_?_l_Levi~i--~-The provisions of the 1915 Act which requi.re tTla t t!-.e City s11a 11 cause to be levied a spec la 1 tax of. not to exc2ed te~ cents (:0¢) on the one hundred dollars ($100.00) of taxable prop~:-rty i.n the C.ity shal 1 be restricted to the taxable property ~dthin the assessment district created in the proceedings or other district deemed benefited.thereby and described in the resolution of ·inter..tio:1, and shall not be eilforce:ible against -the City as a who1e. (e) Advance Panrnent and s;,§i_lling_;_Bond~ Sub-sections (~) and (f) of_ Sec tion40. 5 3 apply· to' this 'Section. SEC. 40.505 BOND PLAN _D --AD VALOREM LAND BONDS (;:i) ·powers There is hereby vested in the Council the power to ·issue~l ad vaiorem land l:-onds upon any district. created under· this Code. · (b) Asse-~sment District The proposed distri,ct shall be des-. cribearn the reso1ut1on of intention and esta.blished as P.rpvided . in. the Sect:ion of Division 4 pursuant' to :~hJt:li~~ said proce.:·edings are-had. -·-, · (c) Improvement. Bonds.. lf said proceedings are had"purs\1ant to Section 40.?iOTof Divi{sion 4. h'ereof, then upon ~ompletion of .. the work, ·the person appoi.nted. by the Cotitlcil '.to be in charge of the work-shall prepare anc:lfi1e-with the Council a declaratfon that the work has been cotnpl~ted: according to the .. co'nt1.'·act the·refor; .· ·t,(1gether with an it:~#ii~¢d. · s'ta ttf1 ~ent 'of the cost (J~ .sµch ·:wc;:irk and ·of the expenses t;-icidental to said proceedings, e~~imat.ed. to the cone lusion of said proceedings. The amount of 'anY.:J:'ontribution 433 .. e SPr t ion 40. 505 Cont. i ::.ued shed 1 'be stated the rein as we 1 l. as the bn lance for wbic h bonds a re to be is sued, When the bonds have been is sued l hey shn i_ 1 be, delivered to the contractor upon his paying to the City any moneys due it for incidental expenses as si:ate<l in the declaration. T-'1e Council riiay\providc in the resolution of iT.t('lltior t 11at tl1c ----------con t1-ac t or·-s!!~:, l-l --t~e--tJt1-id--i.:1 -c-a st1-f.rom --il.dv.[lrt<-~!~s t n }:Jc: ___ ~~~idc _to sai.d _ project or from t!12 proceeds of the sa!e of t!w bonds, in which even.t the bouls s:wl 1 be issued as provided for Un.> issu£mce of acquisition bonds. ( d) Ac_gt.Jis it ion Bonds If the proceedings .:HLi ;1ad pursuant to Sectio:l-4"<T~4TiJ"'ot-Di\rision 4 of this-(;0·:le, •:::e~: :.-.pc1c t~\'..'c en1:ry of a: l i'lLet-lc•cutory judgments in any eminer.t dom:~in pr0- ceedings hroug~: t pursuant thereto, proceed ir:gs s~1a l l be ~ad sub stantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the Council and tlie proceeds s~~)l be used to pay the cost~ and expenses of the project. ( e) !_1m!.!-._<:;i_(•·:' :. L::H.~e~_(;n.t Dis tr ic t Bond~ l f proceedings are had pursum1t to Section 40.41140.f DivisionTof this C•Jdr. tr:2·.! i.n the r.eso.luti.on ordering the acquisiti,ons ·.>:--LnprovL'rnents de Council sh.:ill determine the eslimateo cost of said <Jcquisitions and improvements and of the expenses incidental thereto, and the total estimated amount of the bonds to be issued. 1~e bonds shall be issued and sold and the proceeds shall he used to pay the costs and exp0nses of the project. ( f) l'ossess ion Bonds If assessment 1noc c.·<~dings arc !ind purswmt to Se~tTons-·-z;:-0,41:,-:s-ot:: 40.404 of Division ti of this '::J-cb, qr1t! procr~edings sh.~1 U be had for the taking of. im:nedia te possPSS ion of the property to be acq~ired, then the person in charge of said prop0srd acq~isitions shall prepare and file with the City an estimate of the amu,unt of ntOI1€Y necessary. to b"c deposited in court ·for imrnedic1te possession, am~' pr.oceedin~!.S sha U be· h3d for the . issuar:ce and sa.te of bonds therefor as p·1-ovided Ln t:\..'.E~ issw.,nc12 of acquisiti0rr bond~-. In such eVent the Cour!ci i shEt; l issue only such a.rno1.mt of addi!::lonal boP-ds as. is necessary tD provide for the additional. c_osts -.:.>f said project and the proceeds of the possC?ssion bonds s 1u\l l be f i.na l ly used -to 'apply to the cost of the acqt) is i- t ions and· improvem~nts and expcn~es. itv::ider~tal Lhereto. -, . •• J J ' (g) ~!=lE.e of_Jie~ri!!_S . The Cler.k shall give noli.:c of a time and p~ace ortlcar1,ng on the declaration filed in n·;-~ation to the . issuance of any. bonds to be issued· other thc.1n pursua:lt'to Section 40.404 of Divisitin 4. Sui:h notice shall be pur)li.sh2d. - (11) Form of NoCice Said notice sha 11. ref er to the 're sq lut ion of intention in. the proceedings for identification' . fot. a de'q~ cription of the .work to be done or acquisitions or ·lmprovemt:nts 'to be had and !:or the boundaries of·' the assessment dis tr ic-t, and _notice -.~_ha_I L !;>e gtv~n therein .:t·q al~Lt-i€t'sonq li-1Te.re~qf0~ that: i,t is ptop·osed to _hear the. report ·and isst~e bonds pur~manC-to this Section: artd any per.son feeling <}ggrie·ved by any Act·or deter-· -mination done or md<le in s'aid proceedfn.gs or claiming· th~tt i\ny h,]4 . r ·"·. ______ ..._ _______ ,.;..;.~ ______ ....... _________ ,,·......._ ____ ~---"'..;__.-.;~,.__---- Section 40.505 Continued previous acts or proceedings were irregular, defecti~e, ~rroneous or faulty, ot· claiming th.at the work or improvement has not been performed according to the contract in a good and substantial manner, or claiming that any portion of the work or improvement -----fc; r.---any--·rcason--\~.:as--,~o:ni ~Eed--or---i-1-lega 1-1-y--i-nc lude(J ___ ifl---t11e-_con tract, or having any objections or reasons why bonds should not be issued in the amount set forth-in the -declaration and sTatemeilt on fi-h~, may appear before the Council at the t.i.me and place so fixed by f-t~ -Ftnd ~0.-hc:J rd~ (i) }le2._ring All objections shall be made in writing and signed by the protestant and any grounds not stated therein and filed at or before the time fixed for hearing shall be deemed waived. TI1e contractor 6r his assigns, and any other person or persons interested in said matter, may appear and be heard upon any of the mat 4~_Brs referred to in said notice. The l;'ounci.l may confirm, ____ amend.__".3_1rer, modify or correct the report in such manner as it shall" deem just' and require the woi-k to be--completed accordiltg to its directions or those of the person designated by it therefor. (j) Issuance of Bonds In the-council's final order upon the hearing, or in the resolution ordering the acquisitions or .im provements when the proceeding~ are had pursuant to Section 40.404 of Division 4, the Council shall by resolutichi ~~Jet the issuante of bonds. The resolution shall state the total p-:::-incipal amount thereof and the amount to mature in each year during their_ terin. The first maturity of the .1A:mds may be postponed for a period not beyond July 2nd on the fifth calendar yea-c fo11owing their 't.late. The bonds mc:y be made to matuce on July 2nd.over a period not to exceed forty (40) years from their date. ' (k) Bonds 1 Form a~d_Execution The bonds shrll be in such form, shal l"b~e executed by the officers' and shall be made payable at the pla.-;e or p l~ces within or .. without the State as the Council shall determine. The bonds shall be negqtiable in form and be payable to bearer. ·' ,(1) issues 1 Series 1 Divisioµs An issue of bonds shall con stitute a 11 of tlle"bonds issued pursuant to a resolution of intention. Each issue shall be given a,.s~rial designation. The Council may, in its discretion, divide the issue into two.-".'lr more divisions and fix different dates for th~ bonds of ea~h di~ision, in which event the bonds of each division shall be ma.de' payable at such time or times· as the Council shall determine. Possessi,on ·.bonds shall const.itutC! a division of an issue. All bonds of any issue sha11 haye equal pri.orTty. ' -. ,·· . (m) Cafic1b-ie Bonds Bonds are not subject to cal 1 or redeUiption prior· to their J'Ix~d maturity <'~ate unless the _right to exercis~ . the cal 1 is· expr~ssly stated ·vn the face ·of the bonds;·. Provision may be made therein for a premium on call .. ' 'l. ' --···· ' ) . - Section 40.505 Continued (n) -~~!..E.£}~~.:ric!'..~::J BE~~~~ If the pi·oceeds of llw bonds for any reason arc> less tTiZtn t11e cost of the ac_qui:dtions and improve ments and expens:::? i:1ci.denta1 thereto, <1ddition<1l bonds may be issued lJy [ il i ng with the' Clerk a dee lai:ati.on or statement o( th~ amou~l ne~essary ther~for and ~~ giving notice anJ holding -----,.-----: ____ .,...... __ ..! __ -------l--~-l--~ ....... -_ .. : ... .,_z __ ., ___ ~-..f-!-::_,,-:;. ___ -').rnr.:"'t".I...__ _-').£_ J):f')J'~J•• _, . ....._ l)n l• C'l~l!"!l t! llt..:.i:.tl lll'.t;'. dliU Ut;•-\....l.ti:ILt.t.L•.o.E; i.-i1'--"'-•""·;.._; ... ~-t.,.._..:--..._.,.<!_.t~.::; ·~u--~.'!_-v.-~~~--~:::_ ---------· therefo~-'~ as provided !wr2 in for thr· i.ssu~mce of h::.n<ls upon ..ice 'Jar at iori~. -notice ~li1(rl11.;'i1i~lri~, Sn id ~hf...)1i<ls shli i-1--he dcr.:rned---a-- d iv is ion of tlte bonds of the m;lin i~-sue. (o) [nten~st Serni··annual interest coupoQS shall he attached to, sa1Clhot1<ls and be made payab IP on the 2nd days of January an<l July of each year, excepting that the firsL coupon shal 1 be for interest from their date to the 2nd day of January next succeed-· ing four months after the date of such bonds. Provisic"1 may be made for the paymenl of interest from the proceeds of the sale of the bonds f.:--:-r tJw period of acquisition and construction of the project and fo!· _Qne year thercc!_ftc:r. _ If upon presentation at maturity payment ot ?'T/ h0nd is not nwde as herein provide-d, interest shall continue at the same rate until the principal is paid in ful 1. (p) Ad Va lorem Tax For each district in •.·}hich an issue of bondsnas 1Jeen t:acf""pursuant hereto~ the Council shall annually, until all of the bonds and interest thereon have been paid in full, at the time of levying the taxes for general City purposes, levy hn ad valorem assessment upori all lands within said district except publicly owned prop~rty, w~ich levy shall be in an amoun~ c lea-r-ly sufficient, toge th er with any moneys wb ich ar:_e ,')r may be in the r~demption -fend and after making adequate allot,;·;1:ce f-.:)r es·timate<l delinquencies, to pay all of ~_he principal of and interest on said bonds which shall becum~: payable l!efore tlie ptoceeds of another such levy shall be av~ilabla therefor. {q) I<l. -Melhqd 0f Co1lection Said special assessment levy sha l r be levTecran<r co 11ecTecfupon the last equalized secured and utility tax rolls upon which g~Deral City taxes are collected. It shall'-'be in _addi.tion to all other'' taxes lt;vie<l for general Cl ty purposes, m:d shall be levied, computed, entered, collected and enfcffced in the same manne1~ and by the Sc.me persons and at -the t:;ame time, and with the samf' pe11a l ties a_rid _ irttertist, -as a re other taxes fot Cit}· purpose~, and a'l l Jaws a'flplicable to the ] _evy, -collect ion and enforcerr.ent of taxes fq:r' Ci_ty ·purposes arc hereby made applicable to said special ass~s~~eµt levy, and_ be kubject to redemption-~ithln one ye~r frbm'the-·date of sale in ' the sal'le mannr.-:.· as such real property is redeemed f-i_-om the sale _for general Ci Ly taxes" _.~rid if not rFdcerned ~,hall in li~e manner -·pass to the i;mrchaser. (r) :Coi1t;.rib~ns . The Council may [lnnually_, at ·or prior !',o t;:.he time the 1 evy is 111ade, or ;:it such other time as it shall determine, tn~nsfer to the redemption' fund of said bonds such -~hmouht or ·<1f11.0U1l.·ts·:as it sh,:1ll determirte.-~--: '436 - • :-;'' Section 40.505 Continued (s) Zor\es If, in the judgment of the Council conducting the proceea1.ngs, varying benefits to he derived by the different parcels of lar.d lying within the assessment district so require, the district may he divided into zones according to benefits. -----The_dist.ricL.may be divid_ed into __ a_~_JI1B!ly_ zone~---'"' _up to the total riumber of parcels of land i.n the· district --as n1ay be" aeem.ed ----·· ----~ ---·nec·e-ssa-ry,-and ead-1--Gone sha 11--be--·· composed of· and-include .all. the lands within the district which will be benefited in like t~ea_st.~re. 1'hr> Counc:-i. 1 .. ~h.R l l also-determine the percentage of the. sum to tJe ratsed each year oy t:£1e levy <it'1u (;t,-tl~:d.:.ic.n 0I t..hc special assessme'lt taxes in the district for the payments on the principal end h~tet:est of the honds} which wi 11 be raj,sed from the lands in etich·zone. Each zone shall he design;:ited by a different letter or number and shall be plainly shown on the map or plat of the assessment district fil~d in the office of the City Clerk arid ~ef&rred to in the res6lution of int~ntion, either by separate boundaries, coloring or other convenient and graphic'_.method, so that -all persons inte'rt:Ste<l 111ay with accuracy ·ascL:~~J{lin within which zone any parcel of land is located. It shall 'tie sufficient in all cases where the assessment district is to he divf .. .'ed into such zones according to benefits if the resolution of-'intentlon states that fact and refers td the plat or map for the boundaries cind ali details concerning the zones. (t) Validity of Bond2 an:_d Tax Rat.~ All bo:ids issued and a_l 1 taxes 1 evied and cOTiec tea pursuant to the provisions of this Sectiot: shall by their issuance be c·onclusive evidence of the regularity, validity and legal sufficiency of all ~roceedings, ,<:H~ ts and deterrrainations in anywise pertaining thereto, ::md after the same are issued no tax levied or collected!f0r the purpose of paying the principal or interest on said bonds shall be held invalid or illegal, or set <\Si.de by teason·of any error, infor ma 1 ity, irregu lari.ty, omission· or defect in said procced~.ngs, not amounting to a want of due process of law. (uf J_ssu~rice of New Bonds, When Proceedings_ for Bonds.:lrreeular When .aflY. court ot comp_etent jur~.sdi.ction she.Tl determine t11at any contract purporting to have been made, _or any proceedings, steps or actions purporting to have been taken,,or any bond,or bonds issued, or any levy of assessment made, under this Section, . is or _are void, invalid or ur.cmforc~ab le for any reason, or shall for any cause enjoin the .. issuance of any bonds proposed to-'De issued. under said Code )<-~f;:.1-id ':court shal 1 also determine that new b(;mds shall be issued iri the place thereof. The Council may also order the issuance of new bonds· when it shall determine ·the existence of s.·uch voidness, invalidity or unenforceability. in snch event the Council shall--cause a declaration to·-be filed .. which shall_state th·-e amount of any wo'rk .per-formed, :improvements made, ;Jcqufsitions had, and the expenses lt1cidental thereto, and the e_stimated cost of any to'be had. 'Ihe dec]{lration shall be · . noticed and heard and flew honds ,!s'sued as herelri provided for .·. 437 . : • • Section 40.505 Continued (v) M::aintenance An annual assessment may' be, levied for main-: tenance and/or?peration of the facilities acquired or constrccted with the proceeds of the bonds in the manner provided in Se~tion 40.505 of Division 4. -----(w) -Alteration of -Boundarjes - -The"-boundarics of-the--assessment ------- - _district Jil~Y })e enlarge(l_ (3_t _any J:Jf!l~_c i._n the manner erovide~ in Section 40. SOS of Division 4. -------------- ~t;l.;. 4u. suo (n) Pow.ers There is hereby vested in the Council the power_to issue serial ad valorem realty bonds upon any district created in this Code. (b) · Ad Valorem Ass'essment The annua 1 ad va lorem assessment to be levied therein shall oe upon a 11 land and irnprov'ements withi.n the asses~rnent discritt e~~~pting publicly owned property. (c} Procedure Except as in this Section otherwise prov.ided, all of the provisions of Section 40.505 of this Division shall apply. SEC. 40.507 BOND PLAN G --VEHICLE OFF-STREET PARKING BONDS (a) Powers There is hereby vested in the Council the power to issue-Vehicle off-street park;i..ng bonds upon any off-· street parking assessment district created undt;c thi.s Code to finance the cost of acquiring, constructing) improving and extending vehicle off-street parking places and facilities and the costs incidental thereto and to the proceedings anJ the financing thereof. (b) Purpose Th:~ purpose of this Section is to provideqa pro"'.' cedure by. wfiich a·ss'es3ment bond.s may be issued for the purposes set forth in Sub:'" section (a). above and to permit the Bond Fund to receive the proceeds of pledg~s bf ~evenues· and co~tiibutions and to,allow· the annual assessments to reflect changes in bene""' fits which have· taken place during the preceding ye«'1r and to r~flect appropriate credits to properties which provide or will provide private off-street parking places and facilities. . . (c) ,Declaration in Resolution of Intention When the Council de'termines that bonds shall be issued ·under this,· Section, it shall declare in its'Resolution of Intention therefor that said proceedi"Qgs sha 11 be conduc te'd ptt:fsuant to Sections 40. 404 Mid 40. 405 of DivisiDp 4 Of thi~ ·. Cqde_,, and bood.S.~-shall be <: . .. issued in the total amount O'f the cost of the project, exclusive of contributions, pursuant io this'Sestion. · · -. ·--· . " . i : . -. . - (d) Asses·smerit I>istrict The propos~d off-s~reet parking assess .. ment c:Hstrfct shall be described iri the Re.solution. of In'tenticn and establ{shed,. a~ ,no~;, or hereafter pr6vided iit Sections 40.404 and tlO.lt05 of Diy:lAion '* of this Code. , , 438 ~ .. -. • ~ :--- e ~ Section 40.507 Continued (e) Fixed Lien Assessment Provisions The Council may pro~ide, in sai'd ·Res6T-Lit1on-6t tn-tention, that a fixed portion .·or per- centage of the cost of any project will be financed by fixed lien assessments and the issuance of bonds to t~epresent unpaid fixed lien assessments levidd and issued, respectively, in the mannt2_r provi_cle_d in J);i_vJsiof\.s 4 ___ a!!Q ~_Qf .th:i_~~o~e, or under · State law. Except to the· extent of such fixecClien .'.lSS-essme_iit __ £:.•-~---~-~-' _,.,. --. ~-----·,--~ .... ~-. ,1.: --~-~ .~1-...-.11 h ~-• A , .L .L ~1?! f .:r ... ..LD5' -~1.u---u ~;st:;~ ~lnet 1...:.--~_, .i,..----u.1_a5x..-au1 --..-,~TU,.; -~...:.-a..re-~m:l'-Z~ cr----req u l.0re ....... -8.!:i '---------- part of the Engir..eer's Report provided in said Section 40.404of Division 4~ or State.law. The·tespective provisions of other ::>ec cim:b u.l U1b· Iii v i:~i.L.ll·[ w.i-(jL t.::O: i:~rtiii~~ ·L.:. ·LI-.~ ,.1~1ki1.5 ,-u;r<[ i..u;,.:; tion, recordatio~, levy, collection, payment gnd enforcement of fixerl li0n assessme~ts. reassessMents or su~piernental assessment~ shall he and remain in~pplicable in such pr~~eedingsJ_except L0 the extent that fixed lien financing is provided in the Resolution of Intention. (~). J.E~-$'~~~:_~~-~Ee.!.~~~bke -~O, ~ ~~d~7 a~~~i2__.g~e<g.~~1 T~~ ~~~~ \1 181.0!1:5 Ul u.iv.l:-:.1.0rl;:> j·) L.; diil.i J C1ll\..J V.L -.}1;.-:\..-\....1~ .... n::-D .....,v.-.;..~..t.., 1Vmo-YV.,. and 40.405 of Division 4 and of Sections 40~501 and 40.505 of Divisi.on 5~ ~xcept: as in this Section expressly otherwise pr.o vided, ore app.licable to any portion of the proceedings which relate to Lhe authorization, issuance and sale of bonds under this Section. ( g). Re~c_!_~mp t:i~I!._Fl~~~ A fund to be designated Bond Plan G, ·Series No. , Interest and Redemption Fl_md, in this Section . called the ·nsor1d Fund'', shall be created .'lnd mai.ata1.n2d for each ··issue of bends. (h) Trust Fund All moneys piedged or co11tributed to the payment of the bonds and the interest thereon, and al 1 am:mal assessments levied ther~for, as hereinafter provided, shal1 be depo~!ted in the Bond F~nd for such issue, shall constitu~e a trust fund ~herefor, and shall not be expended for any other purpose; ·pro vided~ that if any moneys shall remain in the Bo1!d Fm1d after the payment of all the bonds and the interest. tL.er(,(;!1;. they shall be transferred to the City Gener_o?) Fu:;-~d:·unless a ma.Jntenance · district has been created for the tmproveirtents acquired and con~tructed from the _proceeds of said bonds, in which event.they shall be ·transferred to the Maintena.hce Fund of such di.Jtric t-,. and be used. faw the objects and purposes thereof. - ··: ,' (1) B~dget TI~ City Controller ~hall annu~lly cause to be prep~rcd a budget for each bond issue hereunder, which shall in6lude the follo~ing: · (1) The gross·. amount required to pay the principal of. and interest on .. said. bonds which wtll becorr.e · payahle before. the· proceeds of. the :next succeeding' assessment levy· hereunder shall become 'available therefor. · , (2) The balance available therefor at the end of the fiscal . , year in the Bond · Fund . . . 439 • ' - Section 40.507 Continued (3) The amount estimated to become available therefor pur suant to any p-J.edge of revenues in the assese.ment proceedings from any reve~ues which may be provid~d~o be collected by the City on any vehicle off-street parking places or facili ties in or for the parking assessment district created for ------said L'lori.ds ~-whic ~-,--aTivunt·-shu 1-1--t-e--prov ided-in-the -City· budget _for the fiscal. .. ve_ae_. for which an armua l assessment ·is to be lev i.ed. --------------- ( f~) ·:·-~ ... c s-:~~-?~t-~~ ~ iP-....}~~-~~.1!_~ ~ t~'-~-,i?-..-.• ~ l·l c:-:c tcd f rem street parking mete~s ·wit~in or without the parking district, which have heer: p]edged for the servicing of said bonds, which amount s~_ai1 he provided in lhe City budget for the fisca1 year for which an annual assessmen~ is to be levied. (5) The amount of contributions, if anyj which the City proposes to make to the Bond Fund for the fiscal year for whi.ch an annu~l assess:i:ent ·is t:o be lt:>vie<l. which amount shall be provided in the City budget fo~ the· fiscal year for which an annual assessment is to be levied. (6) The balance of the··amount provided in su\:)division (1). (j) B_enefit AssessmePt Tne· amount provided in subdivision (6) of SectionTIT~-lnc1u<llng adequate provision for anticipated delinquencies, shall t-c raised by an annual assessment on all taxabl~ lan<ls and improvements within the parking assessment distr.ict in the ratio of the adjusted square footage of floor areas of cownercial structures, together with ad valorem land .assessments if necessary, all determined as hereafter provide.ct, until all of the bonds and the interest to accrue thereon have been paid in fu1 l. (k) .!?e_!-;ermi~llS-~2.!i...?f Gross Sgu~_r; Footage. On or before· July· 1 of eacn year next succeeCITng the I.ssuance of the bonds J the Cit-y A3sessor sha 11 determi r«e from any records or other sources , 1 legally available to him tP..e gross ·number of square feet; based on' ·exteri·or measurements, of the floor area of each building or structure_ within the boundaries of the parking assessmencd,istrict,_ which is zoned and used for corrum~rcial purposes .. A complete·list' of said sqr:are footage ftgures, set opposite the AssE;!ssor's parcel numbers to.whichthey pertain, shall be tr&J1Smitted to the City Planning Offic.er: . Any references to square· footage or adjusted square footage he1·einafter mentioned shall be deemed te> refer to floor areas in buiJ dings zoned and ·Used for commercia 1 purposes as herein provided. (1) .'·Determination of Credits . Innncdiately upon, receipt of the square..,.·rootage ITgures from the Gity~ Assesso.::·, the planning Officer shall det~rmine, fbr ~~ch parcel df l~n4Within the pai-king assessrr'tent distrtc't, the number of off.:.·street auto.1'rtobile: parking spaces· which w6uld be required to be provid~d und~r City ordinances gener.9:lly tf:len in ef(ect, _.and the nl.~~e:. be.:i.n:g pro vided by said: pat"<.el·and which would' be c1·edited in satisfaf!t.ion 44G; ··--- " • • Sec:tion 40.507 Continued of said requirement if said ordinances applied to said parcel. Said figures, together with the gross square footage figures pro vided by the City Assessor, shall be transmitted to the City Engineer. (m) Pr~e_aration of En~ineer 1 sn Report Imrrtediately upon-receipt -· of the ~oregoing data _rom the.Assessor and the_Planning Officer~ the City Engineer shall prepare a report containing the following data as to each parcel within the parking assessment district in (:cJl-u1f.i1ci1-i~~u r.::;i I{•:. . , ·'· \ (1) A d<:::scription of each parcel of land in the parking assessn-:ent di strict, by a lega 1 description, Assessor' s parcel number or other description sufficient to identify the same; (2) The gross number of square feet of floor area in any CtiITuT1ercial building or structt1re 011 each pRrcel, ~s prt)v.irle(l by the Assessor; · (3) The number of parking spaces rt~quired of each parcel, ~s provided by.the Planning Officer; ·· (4) The number of off~street parking spaces provided in satisfaction thereof, ~s provided by the Planning Officer; (5) Tlie r~tio of (4)to (3); (6) . The amount of adjusted square footage· in each cormnercJ<al building or structure, determined by reducing the'JJ .... oss square footage set forth in (2) by the ratio set f~~th in (5), ai'1d the total. adjusted square fo._pt;age in the p.:irking assessm~nt dist~ict; (7) The rate of assessment per adjusted sq1.iare foot of commercial building, determined by dividing the figure pro-. vided by the City Controller undel.4 subdivision '(6) of Section (i) by the tot~l amount of adjusted square footage of com m~rci.al buildings in the parktng assessment district deter~ mined under (6). The rate of assessment shall in no event exceed·a rAte:per adjusted square.foot to.be determined by the Counc-il aiid· set forth in the Resolution of Intention. 1n the evet'lt that the proceed.<) of aq assessment l.e"\Jied at thE! maximum rate in any year.are insufficient to raise the amount of money pr·ovided in subdivision (6) of Section (i), tlw balance shall be raised by an .3tJ.dftional ass~ssment on all ta~able lands (exclusive of imprc~.._,e,ments) ~ithin the parking assessment.district, in the ratTo of ·their asse~se<l valuation as sa__j;d valuation appears OT\ the Asse~·sor~.s rt.ill for.the cur.rent fiscal year. The Engineer's Report for such :; year shall include a column for such an ad valorem land assessment . 441 "':r Section 40.507 Continued (8) Trie arnour,t of the individual assessment against each parcel of 1and in the parking assessment district, deter mined by multiplying the rate determined in (l) by the adjusted square footage· for each parcel determined in (6), and adding the ad va1orem land assessment, if any. (n) Correction of Errors If the assessment roll contains any error-In th_e_ ciescript ton of the land ur i.t"L <:ff1Y uthEr i·espcc t, the City Engineer may correct the list at any time before it is -r r-(~~ 1 lv ;i!)fjlOVCd b .. ·-t~c Ci t',r Caunc-i 1-. Anv ~rror clr .. chanee sub. sequent to. such final apprO~Jal, Other Xhan a decrt~a::>c iu,._, au)'" ... assessment, must be accomplished on notice and hearing in the · manner herein. provided for modifications, unless such notice is expressly waived by all of the owners c..f the property involved in the change. (o) ·Effect of Error No error ir. the assessment roll shall render the assessment of 8 parcel invalid. (p) Certificat.i.on. and Fili.ng·· When the rep0rt has been completed, . it shall fie s"Ign"eo by the City Engineer, dated and filed with the City Clerk, on or before July 15 of each year. (q) H~aring Said report shall come on regularly for hearing by the CounciI at its regular meeting held on the second Monday of August in each year. (r) Publication and Posting The City Clerk shall cause notice of the hearing on the report to be ~iven by publication and by posting. (s) Notice by Mail 2 First Re!<:>rt The City Clerk ·shall cause f notice of the hearing on the ~Irst report for any bortd issue to· be mailed. (t) '0 ~aifin~. S1,.1b_~quent Reports .. No~ices shal 1 not be required to be ma1le to any per.son as to hearings on subsequent reports, when the repor't i.s heard at the time fixed in Sab-section (q) a0ove. If, for any reason, the ·.Leport cannot be hearJ on said date, the C1erk shall fix ati"other date, and shall mail notice of said hearing. T'ne .Clerk may, but is not required~ to, mail. notices to the owncr·Of a parcel: (l) Which has been changed from public to prlvate ownerr>hip; (2)' '_The zoning and use of which ryave been changed to commerc ia 1.; ., (3) The.gross or.adjusted square footage of the.buildings of which haV~ been changed. (u) Nqtice Fono~, R\J!!_!ished .. ':!nd 'Pbsted Notic7 ·The form of notice to be-pti011shed and posted shaTibe substantially as follows: ~· t .,, ·' \I __ ," __ ._,.-- N01iCE PF HEARING 0'1: PARKiNG ASSESSMENT ROLL PRO)ECT NO, RESOLUT!ON OF IN1ENT!ON NO; · .Jdopt ed_. ____ , ____ , 19_·--·-·· ·, Section 40.507 Continued ~~;-.:R..E.~.e:··_(;E""'.:E~~-!-~~~-!~-~ .. -!~t=---C:~ t-y Er&?-!.::c:~r- to be prepared ard filed with t~e City Clerk a report which provides for ·;evying spec i.a] assessments on the properties with in the parking <1SS!:.'SS'.r,er t district· •..:reated az-1d established for the Project and µursuant. to the Resolution of Intention cited above, in propottion t.o t~e adjusted square footage of floor area of commercL.'li structures o~;_ each parcel of ldnd within the boun daries 9f s::t i.d district, together with an addition a 1 assessment in ProPIH:'."tiof! to 1 a:~.d assessed value ,for any amount reouired to pay-bond princ i.pa1 and t~ ter2st in excess of the proee~ds of the square footage building assess~ent levied at the maximum rate of $ per adjusted square foot. Said report sets forth the amounts proposed tv be levied for the fiscal year 19 -, upon the several parcels of l ar:.d in t!~e parking assessment district created to pay the principal and intere3t of the bonds issued in said project, "~'il icli report. is open to pub 1 ic inspection. Said .report wi! l !"'~:' heard by the Council at its 'lheeting to be held on l~e day of August, 19 , at the hour of 7:30 o'clock P,?-t., Council Chai:Jeer.s, City HaTI, Palo Al';.o, California, at which time said Council will exa~ine said report and hear all persons interesre<l thcr2in. ; Any person interested, objecting to the amount of the assess- . m~nt on any parce 1 of 1 anJ owned by him,·. may file with the City Clerk at br before the hour fixed for hearing.a protest in writing signed by him, describing the ~arcel so that it may be identified and sta-ting the grounds· of his protest, and may appear at said heating and he heard in regard thereto .. · (y) -Id. -M~..!J_!.p.g . ':'.'..i~ !o~;n 9f mailed notice shall be suhstan~ially as set forth i.n &;ct10~: 40.>01 (u), hut shal 1 also contain a. descrip tion of the parce 1. covered hy the not ice· sufficient to identify it, and the amouet ·of the. pr-oposed assessment against said parcel as ~et forth in the reporl. (w) Protests The Clerk.shall endorse ·on each protest th~ date it is filed with her, and shall show whether said protest was filed prior to thehutir f ix.ed for hearj ~.g. No protes·t received after said hour-shall be count~d in determining the quant~m -Of protest, but the Council may, in its "discretion, consider said protests in makihg j.ts d~cision. 443 ,- ,,:,· .. '-· . .. I; • • Section 40.507 Continued (x) Public Hearing At the time· and place fixed for said hearing, or at any time to which said hearing is adjourned, the Council sha 11: (1) Hear all persons having an interest in any real -------property within the parki:ng assessment district;-__ _ (2) Hear all objections, protests or other written com~ munications from any persons interested in any real property wiu~'-~1") Lhe-par\ing_ass-=s~-rr..cnt distr~ct~ . .· .-·<·' _· · -·.: ": > ~,' (3) Take and receive oral and documentary evidence pertain- ing to t:he matte1·s contained in the report; (4) Remedy and correct any error or informality in the report, and revise and correct any ot· t·he acts or determina tions of the City Aq$essor, the Planning Officer, or the City Engine.er as contained therein; (5) Amend, alter, modify, correct and confirm said report and each of the assessments therein. (y) Certification The report~ .together with the certificate of the.Clerk as to the fact and date of approval by the Council, shall b2 delivered to the City Controller at or befdre the ti~e the Council fixes the general City tax rate for said fiscal year. (z) Pust!_.~ and ~epor~ The City Controller Fhall post to the tax roll, 1n a coJumn provided therefor, the total amount of the assessment propqsed to be levied and collected for said year, as set forth in said report. (aa) Method of Collectioh Said special assessment 3hail be levied and co11ecteo upon the l.qst equalized secured and utility tax rolls upon which general Ci.ty taxes are collected. It shall be in addition to all other taxes levied for general City purpo~es, and shall be levied, entered·and collected together with and not separate. from, general.City taxes, and enforced in the same manner and by the ·same pefson:s and at the same time and with the same penal ties and inte\~e:s t as are -<other taxes· for City purposes, and all laws applicabJ .. e to the levy, collection and eriforcemeilt of taxes. for City purpoi:a~s are hereby. made applicable to said special assessme11t levy, and the assessed real property, if sold for taxes, shall 1 b:e subject to redemption in the same manner as such ~eai prop~rty is redeemed from the sale for general City taxes ai1d if not redeemed shal 1 in like manner pass to the purchaser. (bb) Lien The lien of the assessment levied under· this ·Section attaches-·at the same times and has the same priorities as the lien for g~neral t~xes. '444 • • Section 40.507 Continued (cc) Contributions The Council may annually, ~t, or prior to, the tlme the Ievy is made, or at such other time as it shall determine, transfer to the Bond Fund such amount or amounts as it shall determine. (dd) Public Property Public property (other than tax-deeded property} whether-or-not-in use--in-the. performance of-a public function, shall be exempt from the levy of assessments to service bonds issued under this :Section. fpos'\ Omit.t::P-d Pro_!l'ert~-. If any par_cel of pi;qp-erty is __ omi,tted Jrom · th~; crt:•y. tax ro11 for any year it shall be added at the end ot the roll and assessed as contained in the report. If any property is omitted in any such report it shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provision shall be made in the report for said year. (ff) Reassessment When any court of com'!"etent jurisdiction or nu-the Council ot_ its own volithm, shall dg_tc-"rmi11~ that any levy of assessment pursuant to this Section is void, invalid or-un~ enforceable for any reason, or any court sha!l, foi any reason, enj oi.n the col lee tion of any such assessment, the Council may levy a reassessment. The Engineer's Report on Reassessment shall be prepared and filed on order of the Council, notice given, hearing held and reassessment levied and confirmed, all in the same manner as the original assessment, as nearly as may be, except that the formula to be used in the determination of benefits, or the properties su'bj ec t to asnsssment, lir both, may be other and different from that provided in this Section, if required in order tp be con sistent with the determinations and orders-~f the court. · ThE.-reassessment shall be col lee ted in·· the same manner'. as, the original assessm~nt, except that if it is levied too lat~· £or inclusion in regular-City tax·bills, it sh~ll be collected on special bills to be prepare~ and mailed and collected in the same manner as regular t.ax bills. Sub-section (aa) shall apply just as if regular City tax bi,lls were used. ' - . The reassessrneni: provisions of this Sub-section are alternative to the reassessment provisions :elsewhere contained in this Code. . -. . If any reassessment levied un~er this Sub-Section' er anv :other part of this Code is ·held .. i,nvalid for. any· reason, the_ Council may conduct additional reass~ssnient proceedings under this Code, or any State law;. to<the. end that the cost of the .project is paid by the r>roperties benefited t.hereby . . ··,_. (gg) · I4. · .--Lien The· U.en~·_ot:~·any ~easses.sment ~ha'1't attac.:h at the same, time and. haw? the same priority as the lien of the original asse'ssment, .. , ' 445 • • Section 40.507 Cont-inued (hh) _§~c-~!J.~y _ _f.gr_.t·:~ .. L:? .. U .. ;JL.E.9E.9~ -If any inyalidity is not in the honas tl1e·nse1ves or 1_n t 11e issuance thereof, the Council may ·so declare a-d conduct a reassess~ent proceeding in the same mann~r as t~e proceedlPgs for the formation of the original district, hut wit~out t~e iss~9nce of new honds. In such event, the reassessmert proceedings shall constitute the proceedings providing a legal aut~ority for the issuance of the outstanding ---bonds ;--ar.d--t 'he rederrpt ioF fund created in -any such reassessment proceedirg ~1-:alt cor-stitute a trust fund for their payment. (ii) ~xs:~~~:g!:..-~X-~~is~ir.g.._~Son<;l~~. lf the im:alidity is_in the bonds thr:>!n<::1=' 1,,P!': _or l.E [_~e _issuance t herBof. Ol" it the Counc 1.1 sha 11 so- determine in the reassessment proceedings, new bonds shall be issued and exchanged for t~e outstanding bonds. 1~e new bonds shall rn()ture in the ainount.s an<l at Lhe tirnes provided for the -outstandUig hor~ds, .::is near'iy as may be .. If the Cour·c.il shall so determine, it may· assign different bonds and a!l)t n~turi~ies as it shall dee~ equitable, (jJ) Li111itatiOI"', of Actions l'"1e 11.mi.t.ation of actions p-rovlded in SectTon ~-5""1·i'.J--:-s-o-rt"Fie .. -·e0de of Civil Procedure is app 1 icable· to any attack on or defens(~ aga.inst the collection of the annual assessment herein provided for. . (~k) .Y~.1id3.1~-~!1..B_.~_!:'oc~_9~_g_E An action to determine the validity of any assessmeLt CI1.str ic t) bonds, assessments, supplemental assess~er .. t:s, reasses sn1er.t s, contracts or evidences of indebted ... ness, apd of the proceedings con<luct~d in 6on~ection therewith pursuant to this Section ~ay be brought pursuant to Chapter 9 (connnenci.ng-with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. A46