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ORDIUANCE NO.
~1C-150
ORDINANCL': OF TlIL: CITY UF ~3AN EEENARDINO At';ENlJU.G THE SAN
BEFNARDII."O ['lUNICIPAL CODE BY ADDING CllAPTER 12.90 RELATING TO TtiE
ES'l'ABLISHtlEWl', FINANCING AND OPERATION OF ASSESSt1EN1' DISTRICTS
IH'LIlIN 'l'HE CITY; AND REPeALING ORDINANCE NO. 3963.
THE i1AYOR AND cmU,ION COUNCIL OF THE CITY OF ShN BEHNJI.RCINO DO
ORDAIU AS FOLLOWS:
SECTION 1.
Chapter 12.90 is added to the San Bernardino
MUllicipal Corte to read:
"Chapter 12.90
ESTABLISflt.1I;N'1', FIl\l~!\CING AND OPEItATION OF
ASSESSrn;l'l'r DISTRIC'rt:
12.90.010 General statement.
A. 1'he t'layor and Common Council hereby find that in onler to
provide an orderly procedure for the acquisition, construction,
improvement, completion, repair, management, reconstruction,
administration, maintenance, operation and disposition of public
property, public places and public improvements, for the
oolleotinq of assessments to pay the cost thereof, for the 'da](ing
of contributions therefor, and for the Ioakirlg of covenants an~
agreements vlith the bondholrl.ers, if any, to secure paY~',lent of such
l~nds, if any, it is necessary that the City exerciBe t11e powers
it has by virtue of heing a home rule city and to provide such a
prooedure. The procedure provided for herein is to be an
alternative to any others provided by, under or pursuant to the
Charter, ordinances, and code provisions of the City or the
gelleral laws of the State.
B. In addition t.o matters specified elsewhere in this
chapter, tlle City is authorize<l to lltilize assessment financing
alternatives, including without limitation, the following:
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1. AC(lUire, by condermation, purchase, gift, lease or
any other means, property necessary or convenient for the
improvement, including any property necessary or convenient_ for
the opening, widening, straigbtening, or extending of streets or
alleys necessary or convenient for tlle improveJnent.
2. Improve any public places or public property within
the district by thE, construction thereon of any improvel1lents
necessary or convenient for the purpose of the district.
3. Adloinister, Jnaintain, operate or repair the
improvement or provide therefor.
4. Collect fees or charyes to pay all or any part of the
cost of improving, repairing, maintaining, or operating the
improvement and of acquiring and improving adoi t_ional properties
necessary to the improvement.
5. Levy taxes and/or assessments to pay all or any part
of the cost of improving. repairinCj. maintainincJ or operating the
improvement. and of acquiring and improv inCj additional properties
necessary to the improvement.
6. Employ engineers, attorneys, financial consultants
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ann other personti necessary or convenient for the d.oing of any act
authorized by this chapter.
7. Do all acts and thinCjs necessary or convenient for
the accomplishment of the purposes of this chapter.
12.90.020 Provisions not exclusive.
The provisions of this chapter are not. exclusive. The L'1ayor
and Common Conncil shall have the pm~er to provide other
procedures or to follow district procedures now or hereafter
provideo by general law; provi,Jed, however, that whenever the Ci. t.y
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is acting pursuant to this chapter the provisions of this chapter
shall be controlling to the extent that they are in conflict with
aIT! of the provisions of said laws.
12.90.030 Definitions.
Unless the particular provision or the context otherwise
requires, the definitions as contained in Sections 5003 through
5024, inclusive, and Section 22531 of the Streets and Highways
Code shall apply.
12.90.040 Investigation and resolution.
A. Before ordering any acquisitions or improvements or both,
or the creation of any district pursuant hereto, where the costs
of said acquisitions or improvements, construction, completion,
repair, management, reconstruction, administration, maintenance,
and/or operation are to be paid in whole or in part by special
assessment or other special assessment taxes upon property, the
Mayor and Common Council shall find that the public convenience
and necessity require such acquisitions, improvements,
construction, completion, repair, management, reconstruction,
administration, maintenance and/or operation in the manner
provided in Section 19, Article XVI of the California
Constitution.
B. Preliminary determination of necessity and intention to
proceed: A resolution of preliminary determination of necessity
and intention to proceed (hereinafter referred to as resolution of
intention) shall be adopted describing in general terms, the
following:
1. The intention to proceed under this chapter.
2. The proposed improvements, acquisition, construction,
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1 cOLlpletion t repair, management I reconstruction, administration,
2 maintenance and/or operation involved.
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3.
The assessment financing alternative to be followed.
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4.
The assessment benefit procedure to be followed.
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5.
rrhe estimated costs of such iHlprover;lents,
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lacqUisition: corwtruction, cOhlpletion, repair,
reCollstructlon, aduinistration, maintenance or
managelilent. I
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operation.
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6.
The amount, based upon the estimated costs, to be
9 assessed a9ainnt each particular parcel. This requireuent may be
10 satisfied by referellcing the erlgineer's report.
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7.
The maximut:1 number of years such assessment shall be
12 levied.
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8.
frhe maximum oLlount of bonds, if any, to be issued to
14 finance the proposed ilnprovehlcnt.s or acquis i tions.
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9.
\Ihether any ongoing management, administration,
16 maintenance or operation of the i)~provement 'will be relluired.
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10.
That such resolution, together with a general
18 deser iption of the proposed il:lprOVement and a map showing the
19 exterior boundaries of the proposed ilOprove)~ent district with
20 relation to the territory imr.lediately contiguous thereto and to
21 the propos(", improvement, is on file with the City Clerk and is
22 available for inSi)ection by any person or persons interested.
23 This map shall govern for all detail s as to the extent of the
24 proposed il:1provf~rnent district.
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11.
The resolution shall also state the time and place
26 for a hearing by the flayor and Corcl!non Council when and where any
27 and all persons interested nay appeClr and show cause, if any, why
28 the Mayor and Con~on Council should not find and determine that
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the puhlic convenience and necessity require the for~ation of the
proposed iMprovement rlistrict ond the proposed acquisitions or
imrlrovelnents \'rithout COliipliance with the Special i\sseSSHlent
Investigation, Limitation and Najority Protest Act of 1931
(hereinafter referred to as the "l\ct"); on the question of the
estimated cost, the amount of bonds to be issuec'!, if any, and the
intention of the tlayor and Cowmon Council to proceed.
12. The resolution shall also state that at the time and
place specified in the resolution that any person interested will
be heard; and, for the purpose of determinins a majority protest,
any holder of title to taxable real property within the proposed
im]'rovement ctistrict, acting individually or as part of a group,
may file a protest. Any such protest must be filed in vlriting
wi d. the City Clerk, and shell 1 inel ude a description of the
property in ",hich the signer thereof is interested sufficient to
identify the same. If the signers are not shown on the last
equalized aS~3eSGment roll as the owners of such property, sllch
~)rotest must be accolapanied by written evidence that such sit]ners
are the owners of such property.
c.
Notice of llearirlg.
Notice of hearing as set forth in the
resolution shall he given as follows:
1. By publishing a copy of the resolution of intention
once at least fifteen days prior to the time fixed for the hearing
in a newspaper of general circulation published in the City.
2. By posting a notice of the adoption of the resolution
:>f intc".lion on all open streets \.ithin the district at not more
th.~HI three hundred foot intervals, but not less than three in all,
:>n eadi street so posted, at least fifteen days before the time
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fixed for the hearing.
No proceeding shall be held invalid for
failure to post any street if this section has heen substantially
co),'plied with.
If the boundaries of the proposed assessment
district include more than one-half square lilile in area, pOStillg
rec]uirements shall be satisfied by the City Clerk posting such
notice conspicuously on or near the main door of the Council
Chambers at least five days prior to the time fixed for the
hearin9.
For such districts, no street posting shall be re<lUirE~d.
3. By mailing a notice of the adoption of said
resolution of intention at least fifteen days before the time
fixed for the hearing to each holder of title to taxable real
property within tl,e proposed improvement <listrict as such
o~nership is shown on the last equalized County assessment roll.
The notices posted and nailed shall conform to Sections 5193 and
5195 respectively of the Streets and Highways Code. The City
Clerk shall cause all the above notices to be given.
4. At least fifteen days before tl1e time fixed for the
hearing, the engineer shall recor<] an ASSeSSlJent District Boundary
Nap with the County Recorder, said map to conform to the
requirements of Streets ann IIic~h~'Jays Code, Section 3110.
D. Eajority protest. The r.layor and Common Council shall ..",t
forth in the resolution of intention, the basis by \lhich a
determina.tion shall be Dade whether a r:1ajority protest exists;
possible bases may include, but shall not be limited to,
determination based on land area, assessed valnation of real
pr:.Jperty, assessed valuation of land only or the number of
property owners, or any other suitilble determinant. ,~t the ti'f':1~
set for hearinq prot~sts the J.1ayor and Cowman Council shall
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1 proceed to hear and pass upon all protests so made an(l its
2 decision shall he final and conclusive. The ~ayor and Common
3 Counei 1 may adjourn the hearing from time to time. Any such
4 protest may be withdra,m by any owner ma),ing the Sal;\e, either in
5 writing at any time prior to the conclusion of said protest
6 hec,ring or any adjournment thereof, or orally on the record during
7 I a hearing. I f the t'lilyor and Cowman Council find that tl1e written
8 protests are made by persons who represent !.lore than fifty percent
9 of the property to be assesseu for the improvelnents, as determined
10 on the basis of the determining factor announced in advance, and
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protests are not ""lithdrawn so as to reduce the sane to less than
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)2 majority, no further proceedings shall be taken for a period of
13 one year from the date of the decision of the Mayor and Cornmon
14 council on the hearing, unless the protests are overruled by
15 action of the l1ayor and ComlClon Council. Action to overrule a
16 majority protest shall require not less than a four-fifths
17 affirmative vote of the Council mer,lbers present and voting; for
18 this purpose, five affirmative votes of six voting, or six
19 affirmative votes of seven voting shall be required.
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12.90.050 Zones.
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If, in the judgment of the I.jayor and Common Council,
22 varying benefits will be derived by the different parcels 0 real
23 roperty lying \.,ithin the assessment district, the district way be
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divided into zones according to benefits.
B. tJunber. 1'he district Play be divided into as many zones,
up to the total number of parcels of real property in the
district, as l~ay be <ieeDed npcessary, al)(1 eac~ zone shall be
composed of and include all the real pruperty within the district
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I which will be benefited in like wanner.
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C.
Resolution. I'i'hen the district is to be divided into such
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zones, the resolution of intention shall so state.
D.
Designation.
Each zone shall be designated by a
different letter or numller and shall be plainly shown on the map
of the assessment district filed in the office of the City Clerk
and referred to in the resol ution of int_ention, either by separate
boundaries, colorin<j or other convenient and graphic method, so
that all persons interested may with accuracy ascertain within
which zone any parcel of property is located.
E.
Plat.
It shall be sufficient, in all cases where the
improvement ciistrict is to he divided into such zones according to
benefits. if the resolution of intention states that fact and
refers to the map for the boundaries and ,,11 details concerning
the zones.
12.90.060 Changes in boundaries at hearing.
A. Rased on the evidence presented during any hearing, the
~1ayor and Common Council may order changes in any of the matters
provided in the resolution of intention, including changes in the
improvements, tll.e boundaries of the proposed assessment district
ancl any zones therein, and the proposed diagran map or the
proposed assessment. The ~,'~ayor and Common Council may I without
further notice, order the exclusion of territory from the proposed
district, but shall not order the inclusion of additional
territory within the district except upon written request by a
property owner for the inclusion of his property or upon the
giving of mailerl notice of hearinq to property owners upon the
question of the inclusion of their property in the district.
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Ilearing.
The hearinq regarding najority protest shall
he
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conductecl as announced in tJH~ resol ntion of intention I and any
protests shall be filed in the manner specified in Section
12.90.040 Subsection n Paragraph 12.
12.90.070 Final deter~ination of necessity and orderinq
Iwork.
1\. If no protests are made, or if any protests sha11 have
been heard and overruled, the Ilayor anc1 COJ,unon Council may adopt a
resolution finding anc1 c1etermining that the public convenience and
necessi t_y require the proposed improvelilen-ts and/or acquis i tions,
managelnent, adninistration, maintenance and/ or operation. Such
resolution shall be referred to as Itresolution ordering work'l.
Such resolution shall del:ermine that the Act shall not apply;
shall order the \lark; shall direct the City Clerk to advertist~ for
bids; and shall specify that the contract will be a>larded pursuant
to the standard procedures used by the City in the award of public
works contracts.
B. The resolution ordering work shall be adopted by the
affirmative vote of not less than four-fifths of the rnewbers of
the COlllmon Council voting thereon, as in Section 12.90.040, and
any findings and determination so adopted shall be final and
conclusive.
C. \ihenever th.) total anount bid by the lowest responsil, Ie
bidder plus the estimated al:lOunt of inciclental costs exceed by
more than fifteen percent the engineer's estimate of cost as
stated in the resolution of intention, the [''1ayol- and Common
Council shall be consultecl before further action is taken. The
I'layor and Common Council may thereupon order anyone of the
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following:
1. Readvertise for proposals or bids for the performance
of the \,.JorK as in the first instance, ....Jithout further procee<.1ings,
or
2. Terlninate the proceedintJs; or
3. Notify the property owners within the district by
rnail of such increase and seek guidance froLl affected property
owners.
Each affected property owner will be asked to express a
preference as to:
a. }\ccepting the bid as submitted.
b.
Rejecting the bid and readvertising.
Terminating the proceedings.
c.
If proceedings are taken pursuant to Subsection C Paragraph 3 of
this section, existence of a najority protest as earlier providect
for will be determined; if such majority protest is determined to
exist, the r1ayor and Common Council shall utilize the proce(lures
of Section 12.90.040 Subsection D herein, and proceed in
accordance therewith.
12.90.080 Assessment financing alternatives.
The Mayor and Cowman Council shall determine which of various
financing alternatives shall be utilized. Alternatives available
inclu<1e:
A. The improvet<1ent and/or acquisition may De prefunded by
the City and tJIP assesst<1ent levied, collected and enforced in the
saLle laanner I at the sal>le time, and \vi th the sane penal ties and
interest, as in the case of taxes levied for the City, to securf~
repayment. to the City of sai,i prefunding; or
B. Bonds may be issued to finance the improvement and/or
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2 enforced in tl),f; saLle manner, at the same time, and with the sarile
1 accluisition and the dssessment loay be levied, collected and
3 penalties and interest, as in the case of taxes levied for the
4 City, to pay the premium and interest, if any, due on said bonds.
5 If this assessr.lent financing alternative is used, the City [,lay
6 retain bond counsel to provide the details of the issuance and
7 repayment of said bonds.
8 C. Bonds way be issued before contracting or obtainin'J
9 options for the purchase of land, property or rights-ot-way to be
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I aC'-juired, if any, or obtaining a judgE1ent in eminent dOI"ain for
Ithe acquisition thereof.
D. The financing for iilaintenance, repair, managernent,
13 reconstruction, administration or operation of the district, if
14 any, shall be included in the assessment roll for the improvehlent
15 and/or acquisition, if any, and shall be the total cost for such
16 maintenance, repair, management, reconstruction, adr~inistration or
17 operation as estimated by the engineer for each fiscal year in
18 which the assessment is to be levied and collected.
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E.
The provisions of Sections 8800 to 8809, inclusive, of
20 tht:~ [)tr~ets and Highways Code shall apply to asseSSI~-lents levied
21 hereunder.
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12.90.090 Assessment according to benefit.
A. After the adoption of the resolution ordering work, the
24 engineer :,hall proceed to estimate as to all lots and parcels of
25 land within the assesstr.ent district, as shown by the diagran map,
26 the benefits arising froIn such y/(jrk, and to be received by each
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such lot or parcel of land.
He shall thereupon prepare an
28 assessment roll for subl'nission to the f''1uyor and Cornmon Council for
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confirmation by resolution, which assesses upon and aqainst the
lallds in the aS~3essment clistrict the total amount of the costs and
expenses of UUCIl work ane'!/or the cost of managenent,
aduini.stration, maintenance or operatiol1 of the improvement, if
any, for the firut year or for the term of the asseSSl:1ent. Such
roll shall assess the total sum upon the several lots or parcels
of lane'! in the assessment district benefited thereby, in
proportion to the estimated benefits to be received by each of U,e
several lots or parcels of land within the district or within each
zone included in the nistrict, if any.
B. 11ethod of determining the assessment benefit. The method
of determining U,e assessment benefit to be received by each of
the said several lots or parcels of lanct within the ,listrict
anct/or zone shall be set fortll in the resolution of intention,
which way include, but shall not he limited to, land area,
assessed valuation of real property, assessed valuation of land
only or nunber of lots or parcels.
c. AsseSSI,lel1't computation. The annual asseSSldent provided
for in this section shall be conq)uten on the basis of the formula
set forth in the resolution of intention originally adopted or as
modified by subsequent cbange and nodificat.ion or other
proceedings conducted pursuant to this chapter or any other law,
and the limitations upon the rate or period thereof provided in
the Act (as ctefinect in Section 12.90.040 Subsection B Paragraph
11) shall not apply.
If the assessed value of any parcel of
property does not appear on the tax roll, an estimate('! assessed
value of such parcel shall be ':lacte by the Director of Public \/orks
in consul tation with the County [\ssessor, and such estimat_e shall
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1 for purposes of sllch ad valorem asseSSl1lent be considered the
2 assessed val ue of such parcel.
3 D. Subsequent year assessments. Except as otllcrwise
4 provided by the issuance of bonds, the cost for the i,oproveHlent
5 and/or aC<.juisition or lUana~jement, administration, maintenance or
6 operation of the improvement, if any, for any subsequent fiscal
7 year during \.hich an asseSSlllent is to be levied and collected
8 within the assessnent district pursuant to this chapter, shall be
9 dccoF'plished by preparing an assessment roll for sublllission to the
10 l>layor and Conmon Council for confirmation by resolution for each
11 fiscal year in which the assessment is to be levied and collected,
12 and sllall constitute the levy of an assessFlent for the fiscal year
13 referred to in the a.ssessment. t~l1en a hond issue funds the costs
14 involved, such assessments shall be levied and collectell as
15 specified in the bond-authorizin9 r8so1utioll or ordinance.
16 12.90.100 Engineer's report.
17 Prior to or at the time of the adoption of the resolution of
18 intention, the eu')ineer shall file a report with the City Clerk.
19 ~hen the report is filed with the City Clerk, the City Clerk shall
20 pres;Jt'..t: it '.to the r,1ayor and Common Council for consideration. t1'ne
21 '1ayor and Conunon Council may modify it in any respect. The
22 report, as mouified I shall stand as the report for the purpose of
23 all subsequent proceedings except that it may be confirmed,
24 modified, or corrected as provided in this chapter. The report
25 shall be J,lade available to the pubLic for inspection and shall
26 include, but shall not be lil1:i.ted to, the following:
27 7\. 1\ description of the type of i,oprovernent and/or
28 acquisi t~ion.
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B. l\n estill:ate of the cost of the iraprovewent, inc1udinq
incidental costs, and/or the cost of the acquisition, if any, and
the annual costs of mana'Jement, adninistration, maintenance or
operation of the improvement, if any.
C. A plat map indicating thereon the boundaries of the
proposed assessment district.
D. A proposed assessment roll showiny the estimated
individual asseSSlllents to be assessed. against each parcel within
the district for each year an assessment is to be levied and
co llected wi thin the district.
12.90.110 General provisions.
The following general provisions shall apply to all
proceedinys taker1 hereunder:
A. City initiation. Tl1e City rnay prepare a report, adopt_ a
resolutioll of intention, forJn an asseSSlllerlt district, or take any
other uction to provide the improvement nnd/or a.cquisition,
construction, completion I repair, manageYLv.=nt, reconstruction,
adrllinistration, maintenance or operation, without any petition
therefor.
B. Contribut ions.. Not\~Ji thstanding any other provision in
this chapter, the tlayor and Cowman Council may provide for a
contribution or contributions by the City of part of the costs and
expenses of the work or may acce[Jt and provi,le for contribution
toward the cost and expenses of any work done under this chapter,
fruw any funds wade available for the purpose of the district by
any local, state or national agency or authority, or from any
other person or entity, and it shall not be necessary to set forth
or give notice of such contribution in the resolution of intention
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or in any other proceedings under this cllapter. Such notice may
be given in the discretion of the r'1ayor a.nd Common Council.
c.
Lapse of time.
It shall not be necessary for any
specified time to elapse between t.he performance of acts except as
otherwise required by this chapter.
D. !,esolution sufficient. The ~layor and Cowmon Council may
act by resolution \1here an ordinance is specified. by general law.
E. Assessment upon public property.
~;.Jllenever proceedings
any real property belonging to any county, city, puhlic agency,
school board, educi'ltional, penal or reform institution or
institntion for the feeble minded or the insane shall be assessed
in accordance \lith the provi.sions of Sections 5300 through 5325,
inclusive, of the Streets and liit]hways Code.
F.
'l:lermination upon determination of no benefit.
If the
~layor and COl.ullon Council find and determine that the area proposed
to constit\lte tlle assessment district will not be benefited
thereby the Mayor and Common Counci 1 shall ter,,,inate the
proceedings.
G. Effective date; effect of determinations in resolution;
limitation on actions.
From and after the oate the "layor and
COl,lIoon Council adopt the resol ution of intention, the area naEled
therein shall constitute the assessment district within the City
bearing the nane set forth in U,e resolution.
The deternlinatioris
ma(~e in the resolution forraing the aSfit?SSrnent district shall be
final and conclusive.
No action or proceeding to attack, review,
set aside, or void the resolution, or any of the proceedings, acts
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or determinat ions theretofore taken, done, or made pursuant t_o
t)lis cllapter, sllall be maintained by any persoll unless suell action
or proceeding is cUlmaenced within thirty days after the adoption
of sud. resolution. Thereafter, all such actions or proceedings,
and any defense of invalidity of such resolution or of BllCh
proceedings, acts or determinations, are forever barred.
1I. Dispos i tion of property. The r'luyor and COf!lmOn Council,
subject to the provisions of the City Charter, lIlay determine that
any parcel of property acquired from the proceeds of the
aSSeSSI'lent district or any improvements, extensions or
replacements thereof or add! t_ions thereto, ur(~ no longer needed
for the purpose of the assessment district or such facilities may
be othen<lse better provided. Subject to the provisions of the
city Charter, and restrictions in the resolution providing for the
issuance of any outstanding bonds, if any, relating to the
facilities involved, the property may thereafter be sold, leased
or otherwise disposed of, either during or after the term of the
assessment or bonds and the proceeds placed in a fund as
designated by the Hayor and Common Council and used for the
benefit of the assessment district.
I. Assessment roll.
Except as o~lerwise provided by the
iSSllance of honds, the asscssmerlt roll shall state the an~unt to
be assessed upon each lot or parcel of land within the district
and shall refer to said lots or parcels of land by their
respective County Assessor's parcel number as shown on the last
equalized County assesSh1ent roll, and shall refer to the fiscal
yei'.r to w[lich it applies, and shall upon its confirmation he filed
in the office of the Director of Publ ic Horks/Ci ty Enqineer. v/hen
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a Land issue funds the costs involvE.'!u, such assessment roll
procedures as are provided for in the bond-authorizing resolution
or ordinance shall prevaIl.
J. Assesslilent diaqri'll;] nap.
Prior to the confirmation of the
assessment roll t)y tlle Mayor and Common COllncil, the engineer
shall file with the City Clerk and the Director of Public ,larks!
City Engineer an assesswent diagram map. Upon the confirmation of
thp assessment roll, the City Clerk shall record a notice of
assessment, as provided in Streets and Ilighways Code Section 3114.
"'Jhereupon the said assessment shall attach dS a lien upon the
property assessed, as provi<lecl in Streets and Highways Code
section 3115. A copy of the notic(~ of assessment so recorded
shall be publ ishe,1 pursuant to Section 6066 of the Governnent
Code.
Notice of the recording of said assessment shall be given
pursuant to the provisions of Streets and Hi9hways Code Section
l0404(a),(b) and (c) only.
following:
1. The exterior boun<laries of the assessJ.,ent district.
The diagral1 map shall show the
2. The boun<laries of any zones within the district.
3. rl'he lines and dimensions of each lot or parcel of
land "ithin the district and the relative location of the same to
the work to be done. Each lot or parcel shall he identified by a
distinctive nuwber or letter.
a. The lines and dimensions of each lot or 1''11"".-1 of
land shown on the diagra{~ wap shdll con.form to those shown on the
COllnty Assessor's '''aI's for tl1e fiscal year in which the diagran
mal' is prepared.
The diagran !{Iap may refer to the County
Assessor IS lilaps for d dE~tailed description of the lines and
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dimensions of any lots or parcels, in \llhich case, those rnaps shall
govern fOl- all details concerning the lines and dimensions of such
lots or parcels.
b. Any changes in the lines and dimensions of any
lot or parcel of lClnd shown on the diagra,a nap so filed with tile
City Clerk due to any lot splits or subdivisions which may occur
in subsequent years need not be change" on the ctiagram nap;
however, such chanses shall be reflected in the assessment roll
for each subsequent year.
K. Dissolution of asseSSloent district. Upon completion of
the term for the collection of assessments within the district as
set forth in the resolution of intention, the confirmation and
collection of the final assessment, or upon adoption of a
resol ution ,Hssol ving t.he district, the district shall
automatically dissolve and shall no longer be bindinq upon the
property within the district.
L. District not exclusive. The formation of an assessment
district pursuant t.O this chapter ..lithin any area of the City
shall not be exclusive. The f1ayor and Conn:on Council shall have
the authority to create any number of districts within the sarae
area, subject to the provisions of this chapter.
12.90.120 Payment of construction assessment - Discharge
of lien.
'rhe owner of or any person interested in any lot or parcel
of land upon which an assessnent for construction has been levil~,-,
under the terms of this chapter ,cay at any time before COl,llilenCeHlE:nt
of proceedings for sale, payoff the assessnent and discharge the
land involveCl from the lien of the assesSlflent.
The discharge may
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I be had by paying to the treasurer the unpaid principal sum of the
2 assessment, with int.erest. thereon (if any) up to the next
3 succeeding July 1. As used in this section, 'unpaid principal
4 sum' means those installments of principal that are due to be paid
5 at future dates through the term of the assessment. This
6 rovision shall not apply to any maintenance assessment.
7
12.90.130 Changes.
8 Any change of work, boundaries of assessment district,
9 amounts of assessments or proceedings taken pursuant to this
JO chapter after the hearing of protests on the resolution of
]1 intention shall be conducted under the provisions of Streets and
]2 Highways Code Sections 10350 through 10358."
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SECTION 2. Ordinance No. 3963 is hereby repealed.
]4 I HEREBY CERTIFY that the foregoing ordinance was duly
]5 adopted by the r~ayor and Common Council of the City of San
]6
Bernardino at a
regular
meeting thereof, held on
]7
the 5th
, 1982, by the following vote,
day of
7\nril
,
]8 to wit:
]9
AYES:
Council Members Castaneoa, Reilly, Bernandez,
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Quiel, Hobbs, Strickler
2]
NAYS:
None
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ABSENT:
Council Member ~otts
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day
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The foregoing ordinance is hereby
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o f _/>:"';1.f:/ _j~
/
, 1982.
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Bernardino
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Approved as to form: ~
~~0..~,
--
City A torney
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