Alameda Municipal Code Art. VI City of Alameda Improvement Procedure Code

This section shall be known and may be cited as the "City of Alameda Improvement Procedure Code," and shall be referred to herein as (the "Improvement Procedure").

(Ord. No. 2627 N.S. § 2)

This Improvement Procedure is adopted pursuant to Section 1-2(D) of Article I of the Charter of the City of Alameda. In proceedings had pursuant to this Improvement Procedure which are a municipal affair, any general laws referred to in this Improvement Procedure are deemed a part of this Improvement Procedure.

In the event that any proceeding had pursuant to this Improvement Procedure shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.

This Improvement Procedure provides an alternative method of financing certain public and private capital facilities. The provisions of this Improvement Procedure shall not affect or limit any other provisions of law authorizing or providing for the furnishing of facilities, or the raising of revenue for these purposes. The City may use the provisions of this Improvement Procedure instead of or in conjunction with any other method of financing part of all of the cost of providing the authorized kinds of public and private capital facilities.

(Ord. No. 2627 N.S. § 2)

Any provisions in this Improvement Procedure which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this Improvement Procedure.

In the event any portion of this Improvement Procedure shall be declared illegal, unenforceable, or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this Improvement Procedure.

(Ord. No. 2627 N.S. § 2)

The City Council may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this Improvement Procedure and which are not otherwise prohibited by law.

(Ord. No. 2627 N.S. § 2)

The purpose and intent of this Improvement Procedure is to establish a method whereby the improvements described in subsection 3-90.14 hereof may be acquired and/or constructed or installed and/or operated and maintained, and whereby the costs thereof may be assessed to property which is receiving special benefit therefrom; and to establish a procedure whereby such assessments may be collected.

(Ord. No. 2627 N.S. § 2)

Any proceedings taken or assessment levied pursuant to this Improvement Procedure shall not be held invalid for failure to comply with the provisions hereof provided such failure is not a constitutional defect.

(Ord. No. 2627 N.S. § 2)

Any procedure not expressly set forth herein, but deemed necessary or convenient to carry out any of its purposes, is authorized.

(Ord. No. 2627 N.S. § 2)

The remedies provided in this Improvement Procedure for the enforcement of any assessment levied pursuant hereto are not exclusive, and additional remedies may be provided at any time.

(Ord. No. 2627 N.S. § 2)

Proceedings hereunder may be abandoned at any time prior to the confirmation of the assessments.

(Ord. No. 2627 N.S. § 2)

This Improvement Procedure does not affect other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this Improvement Procedure, its provisions only need be followed.

(Ord. No. 2627 N.S. § 2)

This Improvement Procedure is to be liberally construed.

(Ord. No. 2627 N.S. § 2)

When proceedings are taken pursuant to this Improvement Procedure, the Municipal Improvement Act of 1913 (Division 12, commencing with Section 1000, of the California Streets and Highways Code), excepting any provisions therein inconsistent with any applicable provisions of this Improvement Procedure, shall apply.

(Ord. No. 2627 N.S. § 2)

There shall be at least one hearing by the City Council, at which hearing, the Council shall consider the report, the diagram and the assessment and pass upon any protests. The Council may remedy or correct any irregularities and may order any improvement or acquisition upon such terms and conditions and pursuant to such plans and specifications as the Council shall prescribe. Said hearing shall be held no sooner than the time set forth in the City Council Resolution providing for notice of said hearing.

(Ord. No. 2627 N.S. § 2)

The improvements authorized under this Improvement Procedure may consist of public and/or private transportation improvements, including, but not limited to, railroads, light-rail, trolley and other fixed-rail transit systems, buses, vans and similar vehicles, ferry boats, hovercraft and other vessels primarily for the transportation of passengers, and all related appurtenances such as access roads, parking lots and/or structures, stations, shelters, docks, wharves and landing facilities and the maintenance and operation of any or all of the foregoing.

(Ord. No. 2627 N.S. § 2)

Any assessment levied under this Improvement Procedure may, as determined by the City Council, secure the issuance of bonds, notes, certificates of participation or other evidences of indebtedness, including contracts by and between the City and others. The assessments shall secure the principal amount of the assessment obligation, together with interest thereon and the costs levying and administering the assessment, all as may be prescribed by the City Council.

(Ord. No. 2627 N.S. § 2)

Any assessment levied under this Improvement Procedure may be paid in any manner prescribed by the City Council, including, but not limited to, payment in cash, over a period of time, with or without interest, from the proceeds of other fees, licenses, charges, rates or tolls imposed by the City, upon the regular secured real property tax rolls of the county or direct billing by the City or any combination thereof. The City Council may provide that the assessment or any portion thereof not paid when due shall be subject to enforcement by judicial foreclosure by the City and the City may provide for such foreclosure by appropriate covenants in proceedings had pursuant to the resolution of intention.

(Ord. No. 2627 N.S. § 2)

The assessment shall be restricted to taxable real property, except as expressly provided in the resolution of intention, and may be levied, in whore or in part, upon the value of the property assessed using any constitutionally-acceptable method. The City Council may provide, in the resolution of intention, for relief from current assessment payments by senior citizens, persons and families of low income or other classes of persons reasonably entitled, in the judgment of the City Council, to such relief, by deferred payment until such time as the property is sold to persons not within the protected class, or otherwise.

(Ord. No. 2627 N.S. § 2)

The lien of assessment levied under this Improvement Procedure may be a fixed lien or otherwise, as may be prescribed by the City Council in the resolution of intention. If the lien is fixed, the appropriate provisions of Part 4.5 of Division 4, beginning with appropriate provisions of Part 4.5 of Division 4, beginning with Section 3100, of the California Streets and Highways Code shall apply. If the assessments are to be levied on the basis of other than a fixed lien, the City Council shall prescribe the method of formula for and the frequency or interval of such levy. In such case, any notice of hearing shall contain a description of such method of formula sufficient to allow the owner of property being assessed to determine substantially the amount of the assessment.

(Ord. No. 2627 N.S. § 2)

The validity of any initial assessment levied under this Improvement Procedure shall not be contested in any action or proceedings, unless the action or proceeding is commenced within 30 days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the purpose of challenging the accuracy of computation of the component elements of any assessment formula or the validity of any change in the assessment formula. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty (30) days after the entry of judgment.

(Ord. No. 2627 N.S. § 2)