Chapter 3.52 - ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS

Any part or parts of the city may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of the public improvements enumerated in the acts referred to in this chapter. The city council shall have the powers, jurisdiction and authority, all as now or hereafter provided in the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913 and the Improvement Act of 1911 (referred to in this chapter as the "Acts"). In addition to the matters specified elsewhere in this chapter, the city is authorized to perform the following acts, including, without limitation:

A. Acquire, by condemnation, purchase, gift, lease, or any other means, property necessary or convenient for such use or uses as are provided in the Acts;

B. Employ engineers, attorneys, and other persons necessary or convenient for the doing of any act authorized by this chapter;

C. Do all acts and things necessary or convenient for the accomplishment of the purposes or the ordinance codified in this chapter.

(Ord. 343 § 1, 1980).

3.52.020 - Ordinance superior.

The provisions of the ordinance codified in this chapter shall be controlling to the extent that they are in conflict with any of the provisions of the Acts.

(Ord. 343 § 2, 1980).

3.52.030 - Ordinance not exclusive.

The ordinance codified in this chapter is not exclusive. The city council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law.

(Ord. 343 § 3, 1980).

3.52.040 - Investigation Act.

Before ordering any acquisitions or improvements, or both, or the creation of any district pursuant hereto, the city council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 19, Article XVI of the California Constitution:

A. Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement and/or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the city council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "Investigation Act").

B. Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in one issue of a newspaper published and circulated in the city, and a copy shall be posted on or near the door to the city council chambers or on a bulletin board in the city hall. The posting and publication shall be had at least ten days before the date of the hearing. The resolution may be consolidated with the resolution of intention.

Such notice shall also be given by mailing a copy of the resolution at least fifteen days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assessment roll.

C. Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.

D. Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the city council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisition, and that the Investigation Act shall not apply. The said finding may be incorporated in the resolution ordering the improvement and/or acquisition.

E. Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

F. Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the city council, and its findings and determinations shall be final and conclusive.

G. Nonapplication. This section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.

H. Finality. Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the city council determining convenience and necessity therein shall be final and conclusive.

(Ord. 343 § 4, 1980).

3.52.050 - City volition.

The city may prepare a report, adopt a resolution of intention and form a district, without the requirement that any petition be filed therefor. Such report shall be substantially similar to that described in Section 10204 of the Streets and Highways Code except that it shall not be necessary that detailed plans and specifications be prepared; provided, that said report contains a description of the acquisition and/or improvements to be acquired or constructed and a cost estimate thereof, all in sufficient detail so that the scope of the acquisition and/or improvement and an estimated cost thereof, including, without limitation, reserves for contingencies and errors in the estimates, can form a reasonable basis for proceeding with the hearing.

(Ord. 343 § 5, 1980).

3.52.060 - Elapse of time.

It shall not be necessary for any specified time to elapse between the performance of acts.

(Ord. 343 § 6, 1980).

3.52.070 - Period of notice.

Except as otherwise provided in this chapter, the first publication and the mailing of any resolution or notice shall be not later than fifteen days before the day fixed therein for hearing or other act.

(Ord. 343 § 7, 1980).

3.52.080 - Resolution sufficient.

The city council may act by resolution where an ordinance is provided.

(Ord. 343 § 8, 1980).

3.52.090 - When bonds may issue.

In all proceedings under this chapter the bonds may be issued before:

A. Contracting or obtaining options for the purchase of the lane, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof; or

B. Before detailed plans and specifications have been prepared; provided, that a reasonably detailed description of the improvements to be acquired and a reasonably detailed cost estimate thereof is set forth in the proceedings.

(Ord. 343 § 9, 1980).

3.52.100 - Registration.

The bonds may be made registrable as to principal and interest, or as to principal only, and may be made deregistrable.

(Ord. 343 § 10, 1980).

3.52.110 - Divisions.

The bonds may be issued in different divisions with different dates of maturity.

(Ord. 343 § 11, 1980).

3.52.120 - Sale of bonds, use of proceeds.

A. The bonds shall be sold for such price or prices as the city council, in its discretion, shall determine, which may be at the par value thereof, with or without premium or discount, at an interest rate or rates not to exceed those specified in the proceedings, which interest rate or rates may exceed those set forth in the Acts. The bonds may be sold at public or private sale, as the city council, in its discretion, shall determine. If the city council determines to sell the bonds by private sale, the same shall be awarded by resolution to the buyer or buyers thereof. If the city council determines to sell the bonds at public sale, before selling the bonds or any part thereof, the city clerk of the city shall give notice inviting sealed bids in such manner as the city council shall prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded by resolution to the highest responsible bidder. If no bids are received, or if the city council determines that the bids received are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either readvertise or sell the bonds at private sale.

B. The purposes for which the proceeds of the bonds may be used may also include, without limitation, incidental expenses, such as engineering, appraisal, legal fees, bond counsel fees, financing consultant fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or expenses related thereto.

(Ord. 343 § 12, 1980).

3.52.130 - Additional collection provisions.

The provisions of the California Streets and Highways Code, Sections 8830 and 8835, inclusive, shall apply to assessments levied under this chapter.

(Ord. 343 § 13, 1980).

3.52.140 - Other procedures.

When procedures are had under the Acts, their provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention.

(Ord. 343 § 14, 1980).

3.52.150 - Two districts.

Territory included in one district may be included in another district if the city council shall find that the territory will be benefited by being included in the subsequent district.

(Ord. 343 § 15, 1980).