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ORDINANCE NO .C:<~ /J~)
2 AN ORDINANCE PROVIDING PROCEDURE IN RELATION TO THE ACQUISITION OR CON-
STRUCTION OF LDCAL I~ROVEMENI'S AND THE LEVY OF ASSSSSMENTS AND ISSUANCE OF ASSESS-
3 MENI' BONDS THEREFOR.
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SAN BERNARDINO IMPKOVEIlENI' PROCEDURE CODE
The Mayor and Common Council of the City of San Bernardino do ordain as
6 follows:
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CHAPTER 1. GENERAL PROVISIONS
Article 1. Application and Effect.
1. Short Title. This ordinance shall be cited and referred to as the
10 San Bernardino Improvement Procedure Code.
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2. When Effective. This ordinance shall be effective thirty days from
12 and after the date of its adoption, and prior thereto the City Clerk shall cause
13 this ordinance to be published at least three days, exclusive of holidays, in
14 some daily newspaper printed and published in the City.
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3.
Assessment ProceedinGs. Proceedings for the acquisition or construc-
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of any public improvement or property of a local nature or the
16 tion, or both,
17 acquisition of lands or easements. or buildings or improvements or property, or
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18 any or more than one thereof, therefor, may be had pursuant to this Code, whether
19 or not provided in any general law.
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4. PendinG ProceedinGs. This Code shall not apply to any proceedings
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21 in which the resolution of intention was adopted prior to the effective date hereof
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5. Alternative Procedures. The procedures provided in the several
23 articles or bond plans hereof are alternative.
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Code Not Exclusive.
This Code is. not exclusive but is in addition
Notwithstanding any provision of this Code any general law
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lused in a title, means that the subject matter of such section is a part of the
31 Isubject matter of the last preceding section in the title of which the word Id does:
32 Inot appear. Where two Ids appear in a title, the subject matter of such section is
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1 a part of the subject matter of the last preceding section in the title of which
2 the word Id does not appear and the subject matter of all intervening sections.
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8. Code Superior. The provisions of this Code shall be controlling over
4 the provisions of any general law or act in conflict herewith in any proceeding
5 taken hereunder.
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9. Municipal Affairs. This Code is adopted pursuant to the Municipal
7 Affairs provision of the Charter of this City. In proceedings had pursuant hereto
8 which are a municipal affair, the general laws herein referred to are deemed a part
9 hereof.
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10. state Affairs. In the event any proceedings had pursuant hereto
11 shall be adjudged a state affair, it is hereby declared to be the intention that
12 said proceedings were had pursuant to the general law or laws cited in the chapters
13 or articles hereof specified in the resolution of intention therein.
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11. Sinale Proceedin9" One or more acquisitions and improvements or
15 acquisitions or improvements may be had in a single proceeding..
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12. Chapter Supplemental. Chapters I, 2, 3 and 4 are supplemental to and
17 controlling over ihe provisions of each other part of this Code in conflict there-
18 with.
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Article 2. Definitions.
21. Acquisitions. etc. The words "acquisition" and "improvement", when
21 used, referring to that which is done, Which ,is t,o be done, or which may be done
22 under proceedings had under this Code, shall be understood to be generic and as
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23 being employed for the purpose of brevitYl!nd to 'uo.id repetition, and shall
24 refer to and include any or all of the ~hings comprehended in the meaning of the
25 words acquire and improve herein.
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22. Block. "Block", whether it, be a regular or irregular block, means a
27 parcel larger than a lot which is bonded by a street or a boundary line of some
28 other parcel which is not a part of it.
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23. City. "City" means City of San Bernardino.
24. Clerk. "Clerk" and "City Clerk" refer to City.
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25. Contractor. "Contractor" means the person, firm, partnership, asso-
32 ciation, corporation, organization or business trust, and includes contracting
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1 owners or their agents, to whom a contract fortheperforlllance of any work author-
2 ized
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4.City.
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is awarded,
26. Counci 1.
"Council" or "City Council" Bleans .Common Council of the
27. County. "County" means Sa~6ernardinoCounty.
28. Enuineer. "Engineer" and "City Engineer" refer to City.
29, General Law. The wo.rds "general law" or the word "act" or the refer-
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8 ience to any law or act by its title shall mean an enactment of tbe Legislature of
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9 lthe State of California, Unless herein otherwise provided. said law shall be as
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10 inow or hereafter amended or codified at the time of adopting the res.olution of in-
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11 ,!tention in the proceedings,
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12 ! 30. Lot. "Lot". "land", "piece", or "parcel of land", whether used singly
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13 rr in combination, include property owned or controlled by any person.
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31. Owner. "Owner" means the person owning the fee. or the person in
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15 ~hose name the legal title to the property appears, by deed duly recorded in the
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16 county recorder's office of the county in which the property is situated, or the
17 person in possession of the property or buildings under claim of ownership, or
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:~xercising acts of ownership over the same for himself, or as life tenant, or as
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:~he executor, administrator, or guardian of tbe owner,
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!~be possession of the tenant or lessee holding and occupying sucb property shall
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!~e deemed to be the possession of the owner.
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i~ub-surface structure, including tbe grading, paviqg, draining, sewering, lighting
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'pr otherwise improving of such lot, and buildings and improvements necessary or
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lonvenient for the parking of motor vehicles, including parking meters and other
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:fquipment and. facilities necessary or convenient tberefor, together witb provisions
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ll1ecessary or convenient for ingress to and egress from such places,
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~aving material.
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If tbe property is leased,
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32. Parkina Place.
"Parking Place" includes a parking lot, garage, or
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33. Paved.
"Paved" or "repaved" includes pavement of any commonly used
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34. Place.
"P~ace" includes any public street, alley or eas.ement or
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31 ~ther public property wbich has been dedicated and accepted or is otherwise public-
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32 ~y owned according to law, or which has been in common and undisputed use by the
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1 public for a period of not less than five years next preceding, or wbicb is sought
2 to be acquired in any proceeding undertaken pursuant to this ordinance, or which
3 is sought to be acquired in conjunction with ilny proceeding undertaken pursuant
4 hereto.
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35. Proiect. "Project" or "improvement" when used in tbe generic sense,
6 means the acquisition and/or improvement undertaken in a singular proceeding.
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36. Quarter Block. "Quarter block", wben used with reference to iln
8 irregulilr block, includes illl lots
or portions of lots bilving any frontage on
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from suchinteuectlon to the next street, or,
9 either intersecting street halfway
10 if no street intervenes, to a boundary line -of some other parcel which is not a
11 part of that block.
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37. Street. "Street" includes avenues, highways, lanes, alleys. cross-
13 ings or intersections and courts which hilve been dedicated ilnd accepted according
14 to law or which have been in common and undisputed use by the public for a period
15 of not less than five years next preceding, or wbich have been ~.dicated to a semi-
16 public use.
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38. Street SUDerintendent. "Street Superintendent" or "Superintendent
18 of Streets" refers to City.
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39. Treasurer. "Treasurer" or "Director of Finance" means the Treasure
20 of the City.
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40. Work. .Work" or "improvement", whether used singly or in combina-
22 tion, means and includes any work whicb is iluthorized to be done or any improve-
23 ment which is authorized to be made under this Code, as well as the construction,
24 reconstruction and repair of all or part of any such work or improvement.
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Article 3. Incidental Expenses.
45. Acquisition. The term "incidental expenses", when referring to
27 proceedings for an acquisition, shall be deemed to meaa and shall include:
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a. The amounts a.arded to the defendants by the interlocutory
judgments;
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b. The costs of the defendants;
c. The compensation and expenses of the referees, as illlowed by
court.
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d. All other costs of the plaintiff in such action and expenses
incurred by it in the trial thereof, including the compensation paid
expert appraisers and witnesses;
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e. All expenses necessarily incurred in connection with such
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proceedings for the publication. mailing and posting of resolutions,
notices, and orders in any of the proceedings;
f. For maps, plats, surveys, searches and certificates of title
to the property to be acquired;
g. The compensation of the attorneys;
h. The compensation of the engineers;
i. The clerical, stenographic and printing expenses incident to
the actions;
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j. The estimated cost of preparing and selling the bonds; and
k. Any other expenses incurred by authority of this Code or in-
15 cidental to the completion of the acquisition in the manner herein
16 speci fi ed.
17 I 46. ImDrovement. Incidental expenses, when referring to proceedings
18 I for an improvement, shall be deemed to mean and shall include all expenses neces-
191 sarily incurred in the proceedings:
20 I a. For the publication, mailing and posting of resolutions,
21 notices and orders in any of such proceedings;
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b. The compensation of the attorneys;
c. The compensation of the superintendent of work;
d. The compensation of the engineers;
e. The estimated cost of preparing and selling the bonds; and
f. Any other expenses incurred by authority of this Code or in-
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cidental to the completion of the improvement in the manner herein
specified.
Article 4. <References
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SO. Resolution of lntention. The resolution of intention shall specify
31 the parts of this Code pursuant to which the proceedings therein are taken.
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51. Reference. to Resolution of IntentioD. In all resolutions, notices,
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1 orders and determinations, subsequent to the resolution of intention and the notice
2 of improvement, it shall be sufficient to refer to the resolution of intention by
3 number for a description of the work or improvement.
4 Article 5. Notices.
5 60. Notices When EXDresslv Provided. No notice, nor any publication
6 of any notice, order, resolution or other matter, other than that expressly pro-
7 vided for in this Code, shall be necessary to give validity to any of the proceed-
8 ings provided for herein,
9 61, Failure to Desianate Officer. Whenever any notice, resolution,
10 order, or other matter is required to be published or posted or mailed, and the
11 duty of posting or publishing or mailing, or procuring the same, is not specifi-
12 cally enjoined upon any officer or person, the Clerk shall post or procure the
13 publication or posting thereof, as the case may be.
14 62. Publication. Notices, resolutions or other documents required to
15 be published shall be published twice in a newspaper of general circulation in the
16 City, If any hearing is therein noticed, said hearing shall be had not less than
17 i ten days after the first publication unless a shorter time is provided by general
18 law.
19 63. Postina and Mailina. It shall not be necessary to post or mail any
20 i notice, resolution or other document or make or file any affidavit in regard
21 ,thereto, unless no publication is.provided and posthg or mailing is necessary to i
22 . provide jurisdiction. In such event, said posting or mailing shall be at least
23 ten days prior to any hearing provided therein unless a shorter time is provided
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24 . by general law.
25 , 64. Where Posted. All documents provided to be posted, other than a
26 : notice of improvement, shall be posted on or near the Council Chamber door or on
27 i any bulletin board in or adjacent to the City Hall.
28 : 65, Mailina. When any notice, resolution or other document is mailed,
29 ,it shall be mailed to the property owners according to their names and addresses
30 as appearing on the last equalized roll on which city taxes are collectti.cL, or as
31 filed with or known to the Clerk.
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66. Notice of ImDrovement. Notices of improvement shall be entitled
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1 "Notice of Improvement" in letters at least one-half inch in height. The Council
2 may provide in the resolution of intention or other document fixing hearing whether
3 and where such notices shall be posted.
4 . 67. Certificates. The certificate of the Clerk or officer giving notice
5 by posting or mailing shall be conclusive proof of the giving of such notice, and
6 no affidavit shall be required.
7 Article 6. Public and Utility Property.
8 70. May Omit Public Property. If any lot or parcel of land belonging
9 to the United States, or to the State, or to any county, city, public agent. manda-
10 tory of the government, school board, educational. penal or reform institution or
11 institution for the feeble-minded or the insane. is in use in the performance of a
12 public function, and fr.onts upon the proposed. wotk, or is included within the dis-
13 trict to be assessed to pay the costs and expenses there~f, the legislative body
14 may, in the resolution of intention, declare that such lots o.r parcels of land, or
15 any of them, shall be omitted from the assessment thereaf~er to be made to cover
16 the costs and expenses of the work.
17 71. Cost on Remainina Property. If any such lots or parcels of land
18 are omitted from the assessment, the total expense of all work done shall be
19 assessed on the remaining lots or parcels of land fronting on the. work, or lying
20 within the limits of the assessment district, without regard to such omitted lots
21 or parcels of land.
22 72. Payment. If the. Council, in the resolution of intention, declares
23 that any lot or parcel of land so owned and used shall be included in the assess-
24 mant, then the city shall be liable for such sums as may thereafter be so assessed .
25 excepting for such portions 8S it shall be agreement collect from the entity ownin9
26 same; provided, however. that when such property is subj ect to assessment as pro-
27 vided in section 5302.5 of the Streets and Highways Code, the provisions thereof
28 shall apply.
29 73. Utility Property. Property owned or used by aDyprivately owned pub
30 lic utility shall be assessed in the same manner as other property in the district.
31 Article 7. Contributions and. Advances.
32 80. Contributions. Contributions or partial payments from the United
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1 States or the State or any agency of either, or from the County, may be accepted
2 and the same or any available City moneys applied to any part of the costs of a
3 project at any time during or after the proceedings and applied in reduction of
4 the amount assessed or to be assessed therefor.
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81. Purchase of Assessment, Warrant and Bonds. In any proceeding had
6 hereunder, the City may declare in the resolution of intention that it intends to
7 purchase the assessment, warrant or bonds to be issued therein.
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82. Id. - Payment. The City shall, upon the issuance of the assessment,
9 warrant or bonds, as the case may be, pay to the contractor, who shall have been
10 awarded the contract to do the work in such proceedings, in case of public improve
11 ments, or into court, in case of acquisition proceedings, the principal amount
12 thereof.
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83, Id. - Bonds. Such bonds, when issued shall be made payable to
14 bearer.
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84. Id. - City. In such case, the City shall succeed to all rights
16 under such assessment, warrant and bonds.
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85. Id. - Subseauent Purchase. The City shall have like power to sub-
18 sequently acquire and own any bonds or assessments or contract issued or levied
19 or made hereunder, or now issued and outstanding, for any improvement and/or ac-
20 quisition of the City.
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86. Purchase and Sale of Delinauent Property. The City may bid and pur-
22 chase any real or personal-property offered for sale for the non-payment of any
23 improvement assessment levied and assessed under any of the provisions of this
24 part, or of any installment thereof, or penalties or costs or interest thereon,
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25 or any suit brought to foreclose such assessment.
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87. Id. - Sale. Whenever any property shall have been acquired by the
27 City at any such sale, then such property, or any lien thereon or interest therein
28 created by such assessment, may be released, assigned, sold or otherwise disposed
29 of by City as it shall determine; provided, however, that no such release, assign.
30 ment, sale or other disposition of any such lien or interest, or of any such pr~
31 perty shall be made unless there shall be first paid to City a sum of money equal
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1 to, and not less than the amount paid therefor by City, together with all accrued
2 penalties, costs, interest, and necessary expenses bicurred; provided, further,
3 that if any lien or interest, or property, cannot, as determined by Council, be
4 sold for the amounts or charges computed as herein provided, then the Council may
5 by four-fifths vote, of all its members, sell any such lien or interest or property
6 for the best price obtainable according to its judgment,
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Article 8. Force Account.
90. Force Account. The Council may, by resolution adopted by a four-
9 : fifths vote of all its members, determine and declare that in its opinion the work
10 : in question may be more economically and satisfactorily performed by day labor,
11 ' and/or the materials and supplies purchased at a lower price in the open market,
12 and to order that the same be done by force account, in the manner herein stated.
13 without further observance of the provisions hereof with reference to tbe award of
14 contract, or execution of contract or bonds.
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91. Citv Enoineer. In such case the City shall have the same rights as
16 . a contractor, and such work and improvements shall be directed by the City Enginee
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92. Citv Riohts. When such work shall have been completed, the City
18 sball become the owner of the assessment made to pay the cost thereof, and of all
19 I bonds issued thereon, with like power of enforcement as if held by a contractor.
20 No warrant need be issued in such case.
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93. Pavment. The Superintendent of Streets or other city officer desig
22 : nated by the Council is authori~ed, after the assessment and diagram shall have
23 i been recorded, to collect and receive payment of the several amounts due thereon
24' in the manner provided in such act under which. the proceedings shall have been
25. taken for, and in the place of, such contractor, and his statement of payments
26 received, when filed, shall constitute and be in lieu of, the contractor's return
27 of the warrant and statement of payments received,
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94. Bonds. Such bonds, when issued, sball be made payable to bearer.
Article 9. Revolving Funds.
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100. Revolvino Fund. In the exercise of any of the powers now or here-
31 after provided for in this part, including the right to take immediate possession
32 in eminent domain proceedings, the Council may create, use and reimburse B revolv-
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1 ing fund or funds.
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101. Procedure. The revolving fund may be established, operated, reim-
3 bursed, reduced or dissolved, in which event Article 2, Chapter 3, Division 4,
4 Title 4 of the Government Code shall apply.
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Article 10. Assessment and Diagram.
110. Assessment. Parcels may be described as contained on the assess-
7 ment roll on which City taxes are collected, or with reference to recorded maps
8 or deeds or assessors maps, or by other means sufficient for identification.
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Ill. Diaaram. The diagram may describe the property in reference to or
10 be copies of official maps or assessors maps, or be otherwise sufficient to identi
11 fy the several parcels thereon. It shall not be necessary to show thereon their
12 relationship to the acquisitions or improvements.
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CHAPTER 2. GENERAL PROCEDURE
Article 1. Prote.ts.
120. ,Protests. Objections may be made to ordering improvements or
16 acquisitions, or to grades, or to an assessment, or the extent of the district, or!
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17 to any supplemental assessment or reassessment, ~he legality of any act or proceedl
18 ings, or to changes, or to any part of any thereof, at or before the hour set for
19 I hearing thereon.
20 i 121. Form. Protests sball be in writing, signed by the protestant, con
21: tain a description of the property owned by him sufficient to identify same, and
22 state their interest therein and the nature of the protest, and be filed with the
23 City Clerk.
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122. Leaalitv. Objections to legality shall specify the illegality and
25 no other illegalities need be considered.
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123. Maloritv Protests. The Council, by the affirmative vote of four-
27 fifths of its members, may overrule protests by the owners of more than half the
28 area to be assessed.
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Article 2, Hearings.
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130, Time. No hearing need be set for on a longer period than the time
31 required for giving notice thereof.
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131. Hearina, At the hearing the Council shall consider and pass upon
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1 the protests. may remedy or correct any irregularity, and may order any improvement
2 or acquisition to be completed according to the plans and specifications and to
3 their satisfaction.
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132. Continuances. A hearing may be continued. Where any matter is
5 noticed for hearing and is not heard it shall be deemed submitted and may be acted
6 upon at any subsequent meeting.
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Article 3. Modifications.
140. Modifications. During the progress of the project. the legislative
9 body may make changes in the improvements or acquisitions, the boundaries of the
10 proposed assessment district. or the assessment or the estimate of costs, or in
11 any of the proceedings or procedures.
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141. Notice. Where said changes result in extending the boundaries of
13 the assessment district. increasing the total amount to be collected, or increasin~
14 improvements or acquisitions or making substitutions therein, or in the proceedings
15 or procedures. they shall not be ordered except after notice of its intention so
16 to do published by one insertion in the newspaper in which the resolution of inten-
1"1 tion or notice of improvement wa.s published, describing the proposed changes and
18 specifying the time and place ,of hearing.
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142. Protests. Protests lIay only be made against the proposed changes.
20 I 143. Order. If no.protests are made, or are, found to be insufficient,
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21 ! or have been overruled, irnmediatelythere,on the Council may order such changes.
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144. Record. Said changes may be made upon the face of the plans,
23 specifications. estimate, diagram, assessment or other document affected, or by an
24 amended or supplemental document.
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145. Lien. The lien date of the original assessment shall not be
26 affected by such order. The lien date of such changes shall be the date on which
2"1 the original assessment was recorded.
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Article 4. Supplemental Assessment.
150. Suoolemental Assessment. If the first assessment for any improve- .
30 ment or acquisition, or if the bonds issued to pay all costs, damages and expenses
31 incurred or to be incurred, including any judgments rendered. or to be rendered,
32 and the costs and expenses of sU.ch action or proceedings. or the estimated amount
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1 of any thereof, are insufficient, the Council may order a supplemental assessment
2 to raise such deficit.
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151. How Levied. Said assessment shall be made and collected in the sam
4 manner, as nearly as may be, as the first assessment, or a reassessment may be had
5 therefor, and said proceedings may be repeated until sufficient money is raised to
6 pay for same.
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152. Notice and Order. Notice shall be given, protests may be made, and
8 said supplemental assessment heard, confirmed' and recorded as herein provided for
9 molifications.
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153. Payment. Proceedings for notice, demand and payment shall be had
11 as proYided for the original assessment.
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CHAPTER 3. CURATION
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Article 1. Curiltio,n.
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160. Constitutionality. If any section, subsection, sentence, clause,
15 phrase or word of this Code is held to be' unconstitutional or invalid, such deci-
16 sion shall not affect the remaining portions of this Code. The Council hereby de-
17 clares that it would have adopted and passed this Code and each part, chapter, I
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18 article, division, section, subsection, sentence, clause, phrase, and word hereof'l
19 : irrespective of the fact that anyone or more of other parts, chapters, articles, I
20 divisions, sections, subsections, sentences, clauses, phrases or words hereof be I
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21 ! declared invalid or unconstitutional.
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161. Waiver. All objections not made within the time and manner herein
23 provided are waived.
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162. Orders Final. All decisions and determinations of the Council. upo~
25 notice and hearing, shall be final and conclusive upon all persons entitled to
26; appeal, as to all errors, inforaalities, omissions and irregularities which might
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27 i have been avoided, or which might have been remedied during the progress of the
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28 proceedings, or which can be remedied, and as to illegalities not amounting to a
29 want of due process of law.
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163. Notice of Award. The notice to pay assessments under the Street
Opening Act of 1903 or Municipal Improvement Act of 1913, and a notice confirming
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assessment or reassessment under any other procedure herein, shall have like
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1 tive effect as the Notice of Award under the Improvement Act of 1911.
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l64~ Liberallv Construed. This Code shall be liberally construed in
3 order to effectuate its purpose. No error, irregularity, informality, omission or
4 illegality, and no neglect or omission of any officer, in any procedure taken here
5 under, which does not directly affect the jurisdiction of the legislative body
6 to order the work or improvement. shall void or invalidate such proceeding or any
7 assessment for the cost of any work or acquisition hereunder. The exclusive remedJ
8 of any person affected or aggrieved thereby shall be by appeal to the Council in
9 accordance with the provisions hereof. .
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165. Validitv. No step in any proceeding shall be invalidated or affect-
11 ed by any error or mistake or departure from the provisions of this Code as to the
12 officer or person posting or publishing or mailing, or procuring the publication
13 or posting or mailing, of any notice, resolution, order or other matter when such
14 notice is actually given for the time required.
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166. Effect of Publication. No assessment, reassessment, supplemental
16 assessment, warrant, diagram or bond, or any of their levy or issuance, and no
17 proceedings for same, shall be held invalid by any court for any error, informalit)
18 omission, irregularity, illegality or other defect in the same, where the resolu-
19 tion of intention or notice of improvement have been actually published as herein
20 provided.
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167. Dedication. No proceedings shall be held to be invalid upon the
22 ground that the property upon which the work or improvement or part thereof is to
23 be or was done, had not been lawfully dedicated or acquired. provided the same
24 shall have been lawfully dedicated or acquired or an order for immediate possessiol
25 and use thereof shall have been obtained at any time before judgment is entered in
26 any legal action.
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168. Limitation of Actions. No action. suit or proceedings to set aside,
28 cancel, void, annul or correct any assessment or reassessment, or to review any of
29 the proceedings, acts or determinations in any proceedings, or to question the
30 validity or to enjoin the collection of any assessments or reassessments or supple-
31 I mental assessments shall be maintained by any person unless such action, suit or
32 I proceedings shall have been commenced within thirty days after the acquisition or
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1 improvement had been ordered or such assessment shall have been confirmed.
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169. Id. - Ad Valorem. Where such proeeedings are for an ad valorem
3 levy, the period shall be thirty days after the ordering of said levy with refer-
4 ence to said levy as to any levy, and thirty days after ordering the issuance of
5 said bonds with reference to their issuance as to any bonds. If sueh action or
6 suit is not brought within the time herein specified, all persons shall be barred
7 from any such aetion.
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170. Id. - Defense. No defense based on invalidity or irregularity in
9 any such proeeedings shall be raised or pleaded after the expiration of sueh
10 thirty day period.
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171. Validatinn Proeeedino. The City Couneil, at any time after the
12 adoption of the resolution of intention, the proposed contractor, at any time
13 . after the award of the contract to him, or the proposed purchaser of the warrant
14 or any bonds to be issued, at any time after the assignment of said warrant or
15 award of said bonds to him, may bring an aetion in the Superior Court of the State
16 of California in and for the County in which it is situated, to determine the
17 validity of any such proceedings and of sueh proposed contract, or of the assess-
18 ment or tax levied or to be levied, or of said bonds issued or t.O be issued.
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172. Proeedure. The validation proeedure of the Improvement Act of
20 1911 shall apply.
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Article 2. Reassessment.
180. Reassessment. If in the opinion of the Couneil, any assessment
23 heretofore or hereafter issued is void or unenforeeable, for any eause, of if
24 bonds are issued to represent or be seeured by any assessments and sueh issuance
25 is not effeetive through the eurative provisions applieable thereto to make them
26 valid and enforceable, or if the previous assessment or bonds are insuffieient to
27 pay the eost or estimated eost of the projeet, or if the Couneil shall determine
28 that the public interest will be served thereby, a reassessment may be had.
29
181. Uncompleted Improvement. Where the assessment was for an un com-
30
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31 I not completed.
32i the benefits derived from the improvement or to be derived from the improvement
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pleted improvement a reassessment may be had notwithstanding the improvement is
In such case the reassessment shall assess upon the
i
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lands benefi te~
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1 when completed.
2
182. When and How Much. The reassessment shall be made upon the demand
3 of the contractor or his, assigns, or the owner or holder of bonds aggregating one-
4 third of the principal amount outstanding, or upon order of the legislative body,
5 and shall be made in the manner and form provided by the Improvement Act of 1911
6 and Improvement Bond Act of 1915, Nothing contained herein shall prevent the
7 Council from ordering a reassessment on its motion, and its decision so to do
8 shall be final.
9
183. Interest. In the resolution ordering the reassessment, the Council
10 shall determine whether said reassessment shall include interest, and if so, the
11 rate at which and the date from which it shall be computed. In lieu thereof, it
12 may order that the reassessment shall bear interest at a rate and from a date
13 certain.
14
184. Payment. If the bonds have not been issued, or if the bonds out-
15 standing are not to be replaced by new bonds, proceedings for notice to pay, de-
16 mand and payment shall be had as provided for the original assessment.
17
18
19
CHAPTER 4. LIEN
Article 1. Nature and Extent.
20 issued under this Code or any law referred to herein shall be subordinate to all
190. Priority of Liens. The lien of any assessments levied or bonds
21 special assessment liens and the lien of the bonds previously imposed upon the
22 same property ,but shall have priority over all such liens subsequently imposed
23 upon the same property, to be determined by the date of adopting the resolution,
24 D€ intention. Bonds issued upon a reassessment or a supplemental assessment shall
25 ! have the same priority as that of the original bonds.
26
191. Duration of Liens. All assessments, reassessments and bonds and
27 each installment thereof, and the interest, costs and penalties upon same, levied
28 hereunder, shall continue as liens against tbe lots and parcels on whicb they were
29 levied and imposed, as provided in the Code of Civil Procedure.
30
31 !
321
CHAPTER 5. ACQUISffION AND, IMPROVEMENr PROCEDURE.
Article 1. Investigation Proceedings.
201. Necessitv of Imorovement. Wben it appears tbat tbe public conven-
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1 ience and necessity require an acquisition and/or improvement and proceedings
2 sbould be taken witbout complying witb tbe provisions of tbe Special Assessment
3 Investigation, Limitation and Majority Protest Act of 1931, a public bearing sball
4 be beld on tbe said question of tbe public convenience and necessity tberefor
5 whicb sball be called and notice of tbe time and place tbereof sball be given in
6 accordance witb tbe provisions of tbis article.
7 202. Preliminarv Determination of Necessitv. A resolution of prelimin-
8 ary determination sball be adopted describing in general terms tbe proposed improv _
9 ment or acquisition and setting a time and place wben and wbere any and all person
10 interested may appear and sbow cause, if any tbey bave, wby tbe Council sbould not
11 find and determine tbat tbe public convenience and necessity require tbe proposed
12 acquisition or improvement witbout compliance witb said Investigation Act.
13
203. Notice and Hearina. Tbe resolution sball contain a notice of tbe
14 time and place of hearing. A copy of tbe resolution shall be published in one or
15 1D0re issues of a newspaper published and circulated in tbe City, and a copy shall
16 be posted on or .ear tbe Council Chamber door or on a bulletin board in or adja-
17 cent to tbe City Hall. The posting and publication shall be bad at least ten
18 days before the date of bearing. The resolution may be consolidated with the res-
19 olution of intention and the notice may be incorporated in the notice of improve-
20 ment.
"
21 204. Objections. Any person interested may object to undertaking the
22 proceedings without first complying with t,he proviSions of the said Investigation
23 Act.
24
205. Final Determination of Neceuitv.' If no protests are made, or
25 wben the protests shall bave been heard arid overruled, t~e Council may adopt a
26 resolution finding and determining that the public convenience and necessity requirE
27 the proposed improvements and/or acquisitions, and that the Investigation Act shal'
28 not apply. The finding may be incorporated in tbe resolution ordering the improve-
29 ment and/or acquisition.
30
206. Modifioation. When proceedings are had for a change and modifica-
31 tion, the resolution of intention to change and modify shall be deemed a resolu-
I
32 ,tion of intention and the resolution ordering the changes and modifications shall
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1 be deemed a resolution ordering the improvement or acquisition as to the changes
2 and modifications.
3 207. Jurisdiction. The resolution determining the convenience and
4 necessity shall be adopted by the affirmative vote of four-fifths of the members
5 of the Council, and its finding and determinati~n shall be final and conclusive.
6 208. NonaDDlication. This Article shall not apply to a proceeding which
7 is excepted from the provisions of the said Investigation Act, or when the inves-
8 tigation proceedings have been avoided or taken pursuant to said Act.
9 209. Finality. Where proceedings for any improvements and/or acquisi-
10 tions or any part thereof have been undertaken without compliance with the Inves-
11 tigation Act or without proceedings under this Article, proceedings may thereafter
12 be had under this Article with reference thereto, and the order of the Council
13 determining convenience and necessity therein shall be final and conclusive.
14 Article 2. Improvement Act of 1911.
15 210. Powers. When proceedings are taken pursuant to this Article the
16 Improvement Act of 1911 shall apply.
17 211. Cash Assessments, Alternative Collection. As an alternative method
18 for the collection of cash assessments or assessments of less than $25.00 levied
19 under the provisions of this Article, the Council may, and upon the written re-
20 quest of the cOntractor or his assigns must by resolution adopted at or before
21 the first day of September, direct that such assessments be collected upon the
22 tax roll upon which general taxes are collected for the City.
23 212. Id. - Resolution, Contents. The resolution shall contain a des-
24 cription of the properties so assessed, the amount of such assessments, together
25 with interest thereon from the date of filing the original list of unpaid assess-
26 ments and at the rate of one per cent per month to the next succeeding thirty-
27 first day of December of the tax year for which such roll shall have been prepared
28 and the total amount of principal and interest on each property.
29 213. Id. - Filina. A certified coPy of said resolution shall be deliver
30 ed immediately to the officer designated by law to extend City taxes upon the tax
31 roll on which they are collected.
32 214. Id. - ExtensiGlI on Roll. Said officer shall extend upon such roll
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1 the total amounts of such assessments and interest.
2 215. Id. - Collection. Said amounts shall be collected at the same time
3 and in the same manner, as general municipal taxes are collected, and be subject
4 to the same penalties and interest, and to the same procedure under foreclosure
5 and sale in case of delinquency, as provided for general municipal taxes, all of
6 which laws for the levy, enforcement and collection of which are hereby made appli
7 cable to such special assessment 'taxes.
8 216. Id. - Payment to Contractor. Said assessments and the interest so
9 entered shall become due and payable to the contractor or his assigns at the
10 office of the City Treasurer on the second day of January next succeeding.
11 217, Id. - Default. Upon default in payment, the lands so assessed shal
12 be sold in the same manner in which real property in such City is sold for the non
13 payment of general municipal taxes, and be subject to redemption within one year
14 from the date of sale in the same manner as such real property is redeemed frOm
15 such delinquent sale, and upon failure of such redemption, shall in like manner be
16 sold or pass by deed to the City. The City shall not, however, be required to pay
17 into the assessment fund any part of such delinquency. until such property be re-
18 deemed or sold and money received therefor.
19 218. Id. - Id. - Resale. Upon receipt of such deed the City shall there
20 upon offer and sell such property at public auction in the manner provided by law
21 for the sale of its tax deec:B:I property, and the amount of said assessment and the
22 penalties and interest thereon less the costs of said sale shall be paid to said
23 contractor or his assigns.
24 219. Id. - Id. - No Bidder. In the event there shall have been no bidde
25 offering the amount then due on such property, it may, at the City.s election, be
26 declared sold to the owner of such assessment, and in like manner be deeded to him,
27 and such assessment ordered satisfied of record.
28 Article 3. Street Opening Act of 1903.
29 230. Powers. When proceedings are taken pursuant to this Article. the
30 Street Opening Act of 1903 shall apply.
31 231. Closino. Said proceedings may be for closing or abandoning any
32 street or easement, and the Council may therein determine that no assessment is
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1 necessary.
2
232. Resolution of Intention. The ordinance of intention shall be
3 called a resolution.
4
233. Notice of Improvement. The notice of improvement shall be so
5 called and no map need be contained therein.
6
234. Cash Assessments. Alternative Collection. Cash assessments or
7 assessments for less than $25.00 may be collected as provided in the alternative
8 procedure of Article 2 of Chapter 5 hereof.
9
10
Article 4. Municipal Improvement Act of 1913.
240. Powers. When proeeedings are taken pursuant to this Artiele, the
11 Municipal Improvement Act of 1913 shall apply.
12
241. Existina Works. Works or improvements whieh are existing or under
13 construction, may be acquired for the value thereof to be determined by the Coun-
14 . cll, or by Engineer's certificates.
15
242. Hearina. The hearing on the report need not be set for more than
16 ten (10) days beyond the day of setting.
17
243. Payment - Time. The time provided for payment of assessments may
18 be thirty (30) days.
19
244. Id. - To Whom. Payment shall be made to the City Treasurer unless
20 the Council shall specify some other officer to whom payments are to be made.
21,
245. Eminent Domain. Proceedings in eminent domain may be exercised
22 under the Code of Civil P.~ot&dure.
23
246. Stipulations for Judoment. Stipulations and proceedings thereon
24' for judgment may be had as provided in the Street Opening Act of 1903.
25
241. Offset. Awards and assessments may be offset as provided in the
26 Street Opening Act of 1903.
27 i 248. Referees. Reference to referees may be had as provided in the
28 I Street Opening Act of 1903.
;
291
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249. Refunds. Where surplus is not used for maintenance of the improve-
30! ment and is ordered refunded and the assessment or any installment thereof has
;
31 I been paid in cash, the portion of the surplus applicable thereto sball be returned
321 in cash to the person paying it or the installment tbereon upon his furnishing
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1 satisfactory evidence of such payment. Otherwise, it shall be paid to the owner
2 of the land upon which the assessment was levied, as such owner appears from the
3 last equalized assessment roll at the time the refund is made or such owner as
4 known to the Director of Finance. The determination of the Director of Finance
5 as to the sufficiency of such proof and the person to whom such money shall be
6 paid shall be final and conclusive.
r,
Article 5. Parking Districts.
260. Parkina Place. Parking place includes a parking lot, garage, or
8
9 sub-surface structure, including the grading, paving, draining. sewering, lighting
10 or otherwise improving of such lot, and buildings and improvements necessary or
11 convenient for the parking of motor vehicles, including parking meters and other
12 equipment and facilities necessary or convenient therefor, together with provision
13 necessary or convenient for ingress to and egress from such places.
14
261. Power. There is hereby vested in the Council the power to acquire,
15 construct, reconstruct, install, extend, enlarge, repair, improve, maintain and
16 operate public automobile parking places within the City; to acquire, by purchase,
17 lease or eminent domain, the lands and public rights .of way necessary or conven-
18 ient therefor, to acquire and construct public improvements and equipment and
19 facilities necessary or convenient therefor, and to levy assessments and issue
20 bonds to pay for the cost of the whole or any part thereof and the expenses inci-
21 dental thereto.
22
262. District. The whole, or any portion, of said City may be formed
23 into an improvement and/or maintenance district and assessments may be levied
24 upon, and bonds may be issued against, the properties therein for the purpose of
25 paying for the costs of acquiring, constructing, reconstructing, installing, ex-
I
26 tending, enlarging, repairing, improving, maintaining and operating parking placesl
i
27 and the expenses incidental thereto. Proceedings for the formation of such dis-
28 trict or districts, levying such assessments and issuing such bonds, shall be had
29 as provided in Chapters 5 and 6 of this Code,
30
263. Property. The City may purchase, lease, obtain, option upon, ac-
31 quire by gift, grant, bequest, devise, eminent domainjor otherwise, and hold, sel
{
32 lease, exchange, transfer, assign, or otherwise dispose of. any real or personal
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1 property within the City, or any interest in, or improvement on, such property.
2 All property shall be acquired and held in the name of the City.
3
264. Citv Lands. City lands or property may be acquired. In such event
4 the resolution of intention shall describe same and state the amount and manner
5 of payment of the compensation. In lieu thereof, the Council may provide in said
6 resolution that the compensation for said property shall be an amount to be fixed
7 by the decision of two of three disinterested competent appraisers to be appointed
8 by the City Council.
9
265. Sale of Property. The Council may sell any property acquired for
10 parking places which is not needed therefor. Any money received from such sale
11 may be used for the acquisition, construction or improving of other parking
12 places in said district. It may also be applied as a credit on any assessments
13 levied for the acquisition of such property, in which case the provisions of
14 Section 249 shall apply.
15
266. Lease of Property. When, in its opinion, the public interest and
16 economy will be served thereby, the Council may lease one or more parking places
17 and facilities. In so doing, the Council may restrict or partially restrict
18 their use to owners and tenants of real property in the district and classes of
19 persons designated by such owners or tenants.
20
267. Surplus Space. Surplus space may be rented or devoted to commer-
21 cial uses other than for the parking of automobiles when in the Council's judg-
22 ment it is necessary or convenient to conduct or permit such use in order to
23 utilize properly the property as a parking space. Rentals received for such pur-
24 poses shall be deposited in the improvement fund or in the operating fund Or in
25 the bond interest and redemption fund for said project as the Council shall
26 determine.
27 , 268. Fees and Rentals. The Council may fix rentals, fees or other
I
28: charges for the properties, works and facilities of any parking place, In so
I
29 i doing, it may establish rates, charges or rentals for the owners and tenants of
I
30 i such properties and classes of persons designated by the owners or tenants which
I
31 I differ from and are less than the rates, charges and rentals charged other person
32 I 269. Operation, Such parking places may be maintained and operated,
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1 and all or any costs and expenses thereof, including rent, repairs, replacement,
2 fuel, power, electrical current, care, supervision, and any other items neeessary
3 for the proper maintenance and operation thereof, may be expended for that purpose
4 Included in such costs may be the cost of replacements, improvements and extension
5 to any parking place necessary or convenient for the proper operation thereof.
6
270. Maintenance Cost. An annual assessment may be levied upon the real
7 property within the district established therefor for the purpose of maintaining
8 and operating sueh parking places. Such assessment shall be in an amount clearly
9
10
11
sufficient to pay any and all costs and expenses of maintaining and operating
I
such parking places then due or thereafter to accrue before the proceeds of anothe
i
levy shall be available therefor. Such levy shall be apportioned.among the pro- I
I
perties within sueh district on the basis of the ad valorem value of sueh land I
I
as shown on the last equalized seeured and utility tax rolls upon whieh City taxesl
are colleeted. I
I
271. Annual ReDort. When any part of the operative cost is to be paid
12
13
14
15
16 by a special levy, the City Manager shall annually file with the City Clerk a
17 written report stating in reasonable detail the estimated eost of maintanance and
18 operation for which an assessment is to be levied in that year, including the
19 eost of replacements, improvements and extensions to any parking place. It shall
20 also state the rate of the levy to be made therefor. When such report shall have
21 been preliminarily approved by the Council, the Clerk shall give notice to in-
22 terested persons that such report has been filed in his offiee and open to inspee-
,
23 tion, and of a time and place when such report will be heard by the Council and
24
25
i
publication in a newspaper published I
I
of the property at their addresses !
an assessment ordered. Such notice may be by
in the City, or by mail to the last assessees
26 appearing in the last City tax roll, or as known to the Clerk, at least ten days
27 before the day set for hearing.
28
272. Hearina on ReDort. The report shall be fully heard, and may be
29 altered, amended or supplemented by the Couneil. When all objections have been
30 heard and action taken with reference thereto, by their having been overruled or
31 otherwise, such report shall be confirmed by resolution of the Council. Sueh levy
32 shall become and remain a lien on the property deseribed therein from the date it
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1 is confirmed until paid.
2 273, Id. - Collectina Assessment. The officer who performs such duty
3 shall compute and extend the amounts thereof in the next tax rolls on which City
4 taxes are collected, and it shall be colle<;ted in the same .manner, and be subject
5 to the same penalties, costs and interest, and may b& redeemed, and the property
6 sold for non-payment thereof, and title shall pass to the purchaser, as provided
7 for City taxes, except that the period of redemption shall be one year instead of
8 five.
9 274, Transfer of Funds. The City may advance funds for the acquisition,
10 construction or improving of such parking places, or for the maintenance and opera
11 tion thereof, and reimburse itself from the proceeds of any assessment subsequentl
12 levied for that purpose. It may also make contributions thereto from available
13 funds.
14 275. Pledae. The Council may ,at any time, make such pledge or pledges
15 as it shall determine, for the payment of the principal and interest of the bonds.
16 or for the maintenance and operation of the facilities acquired or to be acquired
17 therewith, or for adequate reserves, from the income and revenue of on and off
18 street parking facilities.
19 276. Covenants. The Council may provide all proper and usual covenants.
20 for the proper security and payment of the principal and interest of the bonds.
21 277. Alteration of District. The boundaries of sucb district may be
22 enlarged from time to time. The territory to be annexed sball be set fortb in a
23 resolution of intention to be adopted by the Council, which sball give notiee
24 tbat said matter, and all persons interested, will be beard by the Council at a
25 time to be stated therein, at tbe regular meeting place of the Council.
26 278. Id. - Publication. ~uch resolution shall be published twice in a
27 newspaper of general circulation published in the City, the first of which shall
28 be at least ten days before the date fixed for hearing.
29 279. Id, - Hearina. The hearing may be adjourned from time to time.
30 At the hearing the Council shall have power to determine whether or not the entire
31 territory, or only a portion thereof, to be annexed will be benefited by being
32 annexed.
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1 280. Id. - Order. The Co~ncil shall by resolution order the annexation
2 of such territory, defining its boundaries therein. Its decision thereon shall
3 be final and conclusive.
4 281. Id. - Effect. Thereafter tqe property annexed shall be subject to
5 special levies for maintenance and operation and for any ad valorem bonds issued
6 for the acquisition or construction of said improvements.
7 CHAPl'ER 6. ASSESSMENT BOND PROCFJ>URE
8 Article 1. General Provisions.
9 300. PurDose. When bonds are to be issued in any proceeding had and
10 taken in connection with any public improvement, and/or acquisition, and/or
11 immediate possession, and/or street closing, purs~ant to this Code, the same shall
12 be issued, paid and collected in accordance with this Chapter.
13 301. Declaration in Resolution of Intention. When the Council shall
14 have determined that bonds shall be issued to represent the cost and expenses of
15 any proposed work or improvement or of the possession or acquisition of any pro-
16 perty in any such proceeding, it shall so declare in its resolution of intention
17 therefor, and shall specify pursuant to which plan herein provided such bonds
18 shall be issued, the date of their maturity following the date of their issuance,
19 the interest rate which they shall beart which shall not exceed six percent per
20 annum; provided, however, that such interest rate may be stated to be not to ex-
21 ceed a rate stated therein.
22 302. Form of Bonds. Whenever any bonds shall be issued p~rs~ant to any
23 one of the plans herein provided, such bonds shall be substantially in the form
24 provided in the particular plan specified. with such appropriate changes in the
25 wording of such bonds as to show that they had been issued pursuant to such plan
26 of this Chapter.
27 303. Date. The bonds shall be dated as the Council shall determine;
28 provided, that in a proceeding had pursuant to Article 2 of Chapter 5, the written
29 consent of the contractor and his assigns shall be obtained before delaying their
30 date.
31 304. Interest. The interest shall be computed from a date on or after
32 the 31st day following the recordation of the assessment; provided, however, that
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1 in a proceeding had pursuant to Article 2 of Chapter 5, the written consent of
2 the contractor or his assigns shall be obtained.
3 305. Series. The bonds shall be made to mature in such annual serial
4 amounts as the Council shall determine.
5
306. Divisions. The bonds may be issued in more than one division hav-
6 ing different dates and dates from which interest shall run.
7
307. Execution. The signature on the interest coupons and all signature
8 excepting one signature on the bonds may be by printed, 'engraved or lithographed
9 or other process.
10
306. Sale of Bonds. . When any bonds issued hereunder are to be sold, the
11 may be sold by the Council as it shan determine. The proceeds of such sale shall
12 be placed in the City Treasury to the credit of the fund for which they had been
13 issued, and shall be applied exclusively to the purposes and objects thereof.
14
309. Premium. If any bonds to be sold for an amount in excess of par,
15 such excess shall be paid into the fund for the improvement, unless the Council
16 shall otherwise determine.
17
310. Registration - AGainst Theft. Bonds may be registered against
18 theft, in which .event Article 7, Chapter 4. Division 4, Title 4 .of the Government
19 Code mall apply.
20
311. Id. - DelinQuent Bonds. Bonds may be registered for non-payment,
21 in which event Article 2, Chapter 3, Part 1, Division 1, Title 5 of the Government
22 Code shall apply.
23
312. Id. - Lost Bonds. New bonds or coupons may be issued to replace
24 lost or destroyed bonds, in which event the provisions of Article 3, Chapter 3,
25 Part 1. Division 2, Title 5 of the Government Code shall apply.
26
313. Payment of Assessments With Matured Bonds and Coupons. Payment
27 of all, Or any portion, of any assessment taxes levied to pay the principal or
28 interest due, or to become due, on the bonds of any district formed under this
29 Code may be made with matured bonds or matured coupons of such district. Such
30 bonds and coupons shall be accepted andtreated as cash, and when so received shall
"
31 I' be cancelled, and the interest and sinking fund of such district shall be credited
32 with the face value thereof.
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1
Article 2. . Bond Plan A. Lot Bonds.
2
320. Powers. When bonds are iss~ pursuant to this plan the bond pro-
3 visions of the Improvement Act of 1911 shall apply.
4
321. Interest. When the assessment was levied under Article 2 of Chap-
5 ter 6 hereof, interest shall run from the date of filing the list of unpaid asses
6 ments. Other,ise, interest shall run from a date to be determined by the Council.
7
322. Assessments Under $25.00. As an alternative method for tbe collec-
8 tion of such assessments which are of an amount less than twenty-five dollars,
9 proceedings may be had in accordance with the alternative provisions of Article 2
10 of Chapter 5 hereof.
11
12
Article 3. Bond Plan B. District Bonds.
14
13 ment Bond Act of 1915 shall apply.
330. Powers. Wbere bonds are issued pursuant to this plan the Improve-
331. Assessments Under $25.00. Bonds may be issued in the total amount
15 of all assessments in amounts of less than twenty-five dollars which are unpaid
16 at such time, to mature at the same time as the maturity of the first series of
17 such serial bonds, and whicb assessments shall become due and payable at the same
18 time as tbat portion of tbe larger assessments wbich shall have been collected
19, for the payment of the first series of the serial bonds and tbe interest thereon.
,
20 I 332. UnDaid List. The list of unpaid assessments filed with the City
I
21 1 Clerk by the Street Superintendent shall separately state in such list the total
22 i of the assessments which are of twenty-five dollars or over in amount and the
23 assessments which are under twenty-fhe dollars in amount.
24
25
26
27
28
29
30 i
311
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321
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333. Denominations. Bonds for the amount of the assessments which are
not an even multiple of not less tban $100.00 or more tban $1,000.00 may be made
to mature at the same time as the first series of bonds.
Article 4. Bond Plan. C. District
<LiabiUty) Bonds.
340. Powers. When bonds ar.'isslledpursuant to tills plan the provisions
of Article 3 of Chapter 6 of this ordinance shall apply, except as herein provided
341. Bond Form. Appropriate changes shall be made in the form of the
bonds to show that they have been issued for a ,public improvement or acquisition
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1 pursuant hereto.
2
342. Supplemental Advances. The provisions of the Improvement Bond Act
3 of 1915 which require the City to advance. ~s a loan to the bond redemption fund
4 from available surplus funds, the amoullt of any. delinquent installment of princi-
5 pal, interest and penalties thereon, .hall not be mandatory and shall not be en-
6 forceable.
7
343. Supplemental Levies. The provisions of the 1915 Act which require
8 that the City shall cause to be levied a special tax of not to exceed ten cents
9 (10~) on the $100 of taxable property in the City shall be restricted to the
10 taxable property within the assessment district created in the proceedings or
11 other district deemed benefited thereby and desc~ibed in the resolution of in-
12 tention. and shall not be enforceable against the City as a whole.
13
344. Advance Payment. After the bonds are issued, the assessment on
14 any parcel may be paid in advance in the manner provided in the 1915 Act, by pay-
15 ing to the Auditor the unpaid balance of principal plus interest to the date of
16 payment if paid on an interest payment date, and otherwise, to the next succeed-
17 ing interest payment date plus one year"s interest at the rate stated in the
18 bonds, plus $10.00 for the cost of publication of the notice of call. The person
19 paying shall not be entitled to any refund.
.
20
345. Callina Bonds. When sufficient surplus moneys are in tbe redemp-
21 tion fund with which to call a bond, the Treasurer shall call and retire a bond
I
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22 i in the manner provided in tbe 1915 Act; provided, that the notice need only be
23 given for a period of thirty (30) days.
24
25,
Article 5. Bond Plan D. (Ad Valorem Land Bonds)
360. Powers. Tbere is hereby vested in the Council tbe power to issue
I
26 i serial ad valorem land bonds upon any district created under tbis ordinance.
27 ! 361. Assessment District. The proposed district shall be described in
28 the resolution of intention and established as provided in the article of Chapter
29 5 pursuant to wbich said proceedings are had.
30
362. Improvement Bonds. If said proceedings are had pursuant to ArticlE
31 2 of Cbapter 5 bereof, then upon completion of the work, the per~on appointed by.
32 the Council to be in charge of tbe work shall prapare and file with tbe Council a
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1 declaration that the work has been completed according to the contract therefor.
, ,
2 together with an itemized statement of the cost of such work and of the expenses
3 incidental to said proceedings. estimated to the conclusion of Baid proceedings.
4 The amount of any contribution shall be stated therein as well as the balance
5 for which bonds are to be issued. When the bonds have been issued they shall be
.
6 delivered to the contractor upon his paying to the City any moneys due it for
7 incidental expenses as stated in the declaration. The Council may provide in
8 the resolution of intention that the contractor shall be paid in cash from ad-
9 vances to be made to said project or from the proceeds of the sale of the bonds.
10 in which event the bonds shall be issued as provided for the issuance of acquisi-
11 tion bonds.
12
363. Acquisition Bonds. If the proceedings are had pursuant to Article
13 3 of Chapter 5 of this ordinance, then upon the entry of all interlocutory judg-
14 ments in any eminent domain proceedings brought pursuant thereto, proceedings
15 shall be had substantially as provided herein for the issuance of improvement
16 bonds. The bonds shall be sold by the Council and the proceeds shall be used to
17 pay the costs and expenses of the proj ect.
18
364. Municioal Imorovement District Bonds. If proceedings are had pur-
19 suant to Article 4 of Chapter 5 of this ordinance, then in the resolution ordering
20 tbe acquisitions or improvements the Council shall determine the estimated cost
21 of said acquisitions and improvements and of the expenses incidental tbereto. and
22 the total estimated amount of the bonds to be issued. The bonds shall be issued
23 and sold and the proceeds shall be used to pay the costs and expenses of the pro-
24 ject.
25
365. Possession Bonds. If assessment proceedings are had pursuant to
26 Articles 3 or 4 of Chapter 5 of this ordinance. and proceedings shall be had for
27 the taking of immediate possession of the property to be acquired, then the per-
28 son in charge of said proposed acquisitions shall prepare and file with the City
29 an estimate of the amount of money necessary to be deposited in court for immediat
30 possession, and proceedings shall be had for the issuance and sale of bonds there-
31 for as provided for the issuance of acquisition bonds. In such event the Council
32 shall issue only such amount of additional bonds as is necessary to provide for
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1 the additional costs of said project and the proceeds of the possession bonds
2 shall be finally used to apply to the cost of the acquisitions and improvements
:3 and expenses incidental thereto.
4 366. Notice of Hearina. The Clerk shall give notice of a time and place
5 of hearing on the declaration filed in relation to the issuance of any bonds to
6 be issued other than pursuant to Article 4 ot Chapter 5. Such notice shall be
7 published twice in a newspaper of general circulation published in said City, the
8 first of which shall be at least ten days ~efore the date set for hearing.
9 367. Form of Notice. Said notice shall refer to the resolution of in-
10 tention in the proceedings for identification, for a description of the work to
11 be done or acquisitions or improvements to be had and for the boundaries of the
12 assess.ent district, and notice shall be given therein to all persons interested
1:3 that it is proposed to hear the report eild issue.,bonds pursuant to this Article,
14 and any person feeling aggrieved by any act or determination done or made in said
15 proceedings or claiming that any previous acts or proceedings were irregular,
16 defective, erroneous or faulty, or claiming that the work or improvement has not
17 been performed according to the contract in a good and substantial manner, or
18 claiming that any portion of the work or improvement for any reason was omitted
19 or illegally included in the contract, or having any objections or reasons why
20 bonds should not be issued in the amount set forth in the declaration and state-
21 ment on file, may appear before the Council at the time and place so fixed by
22 it and be heard.
2:3 368. Hearina. All obj ections shall beimade in writing and signed by
24 the protestant and any grounds not stated therein and filed at or before the
25 time fixed for hearing shall be deemed waived. The contractor or his assigns,
26 and any other person or persons interested in said matter, may appear and be
27 heard upon any of the matters referred to in said notice. The Council may con-
28 firm, amend, alter, modify or correct the report in such manner as it shall deem
29 just, and require the work to be completed according to its directions or those
:30 of the person designated by it therefor.
:31 369. Issuance of Bonds. In the Councilrs final order upon the hearing,
:32 or in the resolution ordering the acquisitions or improvements when the proceed-
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1 ings are had pursuant to Article 4 of Chapter 5, the Council sball be resolution
2 order tbe issuance of bonds. Tbe resolution sball state tbe total principal
3 amount tbereof and tbe amount to mature in eacb ,ear during tbeir term. Tbe first
4 maturity of tbe bonds may be postponed for a period not beyond July 2nd on tbe fif b
5 calendar year following tbeir date. The bonds may be made to mature on July 2nd
6 over a period not to exceed forty years from tbeir date.
"I
370. Bonds. Form and Execution. Tbe bonds shall be in such form, shall
8 be executed by the officers, and shall be made payable at tbe place or places
9 within or without the state as the Council shall determine. The bonds shall be
10 negotiable in form and be payable to bearer.
11
371. Issues. Series. Division.. An issue of bonds shall constitute all
12 of tbe bonds ilsued pursuant to a resolution of intention. Eacb issue shall be
13 given a serial designation. The Council may, in its discretion, divide the issue
14 into two or more divisions and fix different dates for tbe bonds of eacb division,
15 in which event tbe bonds of each division shall be made payable at sucb time or
16 times as the Council shall determine. Possession bonds sball constitute a divi-
1"1 sion of an issue. All bonds of any issue sball bave equal priority.
18
372. Callable Bonds. Bonds are not subj ect to call or redemption prior
19 to their fixed maturity date unless the right to exercise the call is expressly
20 stated on the face of tbe bonds. Provision may be made tberein for a premium on
21 call.
22 I 373. SUDDlemental Bonds. If the proceeds of tbe bonds for any reason
23 I are less tban tbe cost of the acquisitions and improvements and expenses inci-
I . . .
24 dental thereto, additional bonds may be issued by filing with the Clerk a declara-
25 tion or statement of the amount necessary therefor and by giving notice and bold-
26 i ing a hearing and determining tbe amount of bonds to be issued therefor as provide
27 herein for tbe issuance of bonds upon declaration, notice and hearing. Said bonds
28 shall be deemed a division of tbe bonds of the main issue.
29
374. Interest. Seaii-annudinter'est cOJlpons shall be attached to said
30 bonds and be made p~Jable on the 2nd days of January and July of eacb year, except-
31 ing tbat tbe first coupon shall be for interest from'tbeir date to tbe 2nd day of
32 January next succeeding four months after the date of such bonds. Provision may
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1 be made for the payment of interest from the proceeds of the sale of the bonds for
2 the period of acquisition and construction of the project and for one year there~
3 after. If upon presentation at maturity payment of any bond is not made as herein
4 provided, interest shall continue at the same rate until the principal is paid in
5 full.
6
315. Ad Valorem Tax. For each district in which an issue of bonds has
7 been had pursuant hereto, the Council shall annually, until all of the bonds and
8 I interest thereon have been paid in full, at the time of levying the taxes for
9 general City purposes, levy an ad valorem assessment upon all lands within said
10 , district except publicly owned property, which levy shall be in an amount clearly
11 sufficient. together with any moneys which are or may be in the redemption fund
12 and after making adequate allowance for estimated delinquencies, to pay all of
13 the principal of and interest on said bonds which shall become payable before the
14 proceeds of another such levy shall be available therefor.
15
316. Id. - Method of Collection. Said special assessment levy shall be
16 ' levied and collected upon the last equalized secured and utility tax rolls upon
17 which general City taxes are collected. It shall be in addition to all other
18 taxes levied for general City purposes, and shall be levied, computed, entered,
19 collected and enforced in the same manner and by the same persons and at the same
20 time, and with the same penalties and interest, as are other taxes for City pur-
21 ' poses, and all laws applicable to the levy, collection and enforcement of taxes
22' for City purposes are hereby made applicable to said special assessment levy,
23 and be subject to redemption within one year from the date of sale in the same
24 manner as such real property is redeemed from the sale for general City taxes.
25 and if not redeemed shall in like manner pass to the purchaser.
26
311. Contributions. The Council may annually, at or prior to the time
27 the levy is made, or at such other time as it shall determine, transfer to the
28 redemption fund of said bonds such amount or amounts as it shall determine.
29 318. Zones. If, in the judgment of the Council conducting the proceed-
,
30:: ing, varying benefits to be derived by the different parcels of land lying within
31: the assessment district so require, the district may be divided into zoneS accord-
i
32: ing to benefits. The district may be diviCled into as many zones.,.-up to the total
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1 number of parcels of land in tbe district--as may be deemed necessary, and each
2 zone shall be composed of and include all the lands within the district which
3 will be benefited in like measure. The Council shall also determine the percen-
4 tage of the sum to be raised e8ch year by the levy and collection of the special
5 assessment taxes in the district for the payments on the principal and interest
6 of the bonds, which will be raised from the lands in each zone. When the district
7 is divided into such zones the resolution of intention shall so state, giving
8 said percentages to be raised from the lands in each zone. Each zone shall be
9 designated by a different letter or number and shall be plainly shown on the map
10 or plat of the assessment district filed in the office of the City Clerk and re-
11 ferred to in the resolution of intention, either by separate boundaries, coloring
12 or other convenient and graphic metho4, so that all persons interested may with
13 accuracy ascertain within which zone any parcel of land is located. It shall be
14 sufficient in all cases where the assessment district is to be divided into such
15 zones according to benefits if the resolution of intention states that fact and
16 refers to the plat or map for the boundaries and all details concerning the zones.
17
379. DelinQuencv Bonds. Such levies, in case of delinquency, are
18 augmented by the supplemental remedies of the provisions of Article 4 of this
19 Chapter.
20
380. Validity of Bonds and Tax Rate. All bonds issued and all taxes
21 levied and collected pursuant to the provisions of this Article shall by their
22 issuance be conclusive evidence of the regularity, validity and legal sufficiency
23 of all proceedings, acts and determinations in anywise pertaining thereto, and
24 after the same are issued no tax levied or collected for the purpose of paying
25 the principal or interest on said bonds shall be held invalid or illegal, or set
26 aside by reason of any error, informality, irregularity, omission or defect in ,
27 said proceedings, not amounting to a want of due process of law.
28
381. Issuance of New Bonds When Proceedinas for Bonds Irreaular. When
29 any court of competent jurisdiction shall determine that any contract purporting
30 to have been made, or any proceedings, steps or actions purporting to have been
31 taken, or any bond or bonds issued, or any levy of assessment made, under this
32 Article, is or are void, invalid or unenforceable for any reason, or shall for
i
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1 any cause enjoin the issuance of any bonds proposed to be issued under said Code.
2 said court shall also determine that new bonds shall be issued in the place there-
3 of. The Council may also order the issuance of new bonds when it shall determine
4 the existence of such voidness, invalidity or unenforceability. In such event
5 the Council shall cause a declaration to be filed wbieh shall state the amount of
6 any work performed, improvements made, acquisitions had, and the expenses inci-
7 dental thereto, and the estimated cost of any to be had. The declaration shall
8 be noticed and heard and new bonds issued as herein provided for acquisition bonds
9
10
Article 6. Bond Plan E. (Ad Valorem Realty Bonds)
390. Powers. There is hereby vested in the Council the power to issue
11 serial ad valorem realty bonds upon any.; distdct created in this ordinance.
12
391. Ad Valorem Assessment. The annual ad valorem assessment to be lev-
13 ied therein shall be upon all land and improvements within the assessment district
14 excepting publicly owned property.
15
392. Procedure. Except as in this Article otherwise provided. all of
16 the provisions of Article 5 of this Chapter shall apply.
17 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
18
Mayor and Common Council of the City of San Be~rdino at an adjourned regular
19 I meeting thereof held on the %L day of ~j?~4/ , 1957, by the
20
following vote,
to-Wit:,", f _-1/ f.....,/ '
. // - / /~/l~t/
Councilmen ;,;;:;4 ~ ./4 -
t/ ~
7Znc/ ABSENl'y.?ht-0
21 I
AYES:
22
23
24
25
26
27
28
29
NOES:
SEAL
u ,ij' /;7--'
rJI "IV, -1.:(71~
f City Clerk
foregoing ordinance this /cJ;4I; day of
~ I hereby approve the
":~.J . 1957.
rdino
30 .Appro~d as to form:
31
FI
E
)
/
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32
J~C~ ~FEL?~Cle.r~
~_.~.DEl>IJr,
I
v
; ------~
DEe 111957
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