Chico Municipal Code Art. I General Provisions

The council shall have the powers granted to the legislative bodies of general law cities and counties pursuant to the Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, and the Landscaping and Lighting Act of 1972, and all other general statutes of the state of California providing for the levy of special assessments to finance the construction, acquisition or maintenance of public improvements, subject to and supplemented by the provisions of this chapter.

(Ord. 1586 §1 (part))

The provisions of this chapter shall be controlling to the extent that they are in conflict with the provisions of any general law.

(Ord. 1586 §11 (part))

This chapter is not exclusive. The council shall have the power to provide other procedures or to follow procedures and powers now or hereafter provided by general law. The procedures and powers herein are alternative.

(Ord. 1586 §11 (part))

This chapter is adopted pursuant to the municipal affairs provision of the Charter.

(Ord. 1586 §11 (part))

This chapter shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission, or illegality, and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the council to order the work or improvement, shall void or invalidate such proceeding or any assessment for the cost of any work or acquisition under this chapter. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this chapter.

(Ord. 1586 §11 (part))

Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the construction of the words and phrases used in this chapter.

A. Public Improvement. The term “public improvement” shall mean all acquisitions and improvements authorized by the Improvement Act of 1911, the Municipal Improvement Act of 1913, and all other general statutes of the state of California providing for the levy of special assessments to finance the construction, acquisition, or maintenance of public improvements.

B. Incidental Expenses. The term “incidental expenses” shall include the following expenses when incurred in connection with assessment district proceedings:

1. All expenses necessarily incurred for the publication, mailing, and posting of resolutions, orders, or notices which are adopted, made or given as part of such proceedings;

2. All expenses incurred for clerical, stenographic, or printing services rendered during such proceedings;

3. All expenses incurred for plats, title searches, or title reports required for such proceedings;

4. The compensation paid to all attorneys, engineers, and appraisers employed for such proceedings;

5. The fees charged by the city for services provided as part of such proceedings including administrative fees, plan and specification review fees, inspection fees, and such other fees established by resolution of the council;

6. The cost of any action in eminent domain (or action in inverse condemnation) filed incident to such assessment district proceedings, including all attorney’s fees and other costs incurred in prosecuting (or defending) such eminent domain action and all sums awarded as just compensation or as litigation expenses at the conclusion of such eminent domain action;

7. The estimated cost of preparing and selling assessment district bonds;

8. Any other expenses incurred in connection with assessment district proceedings.

(Ord. 1586 §l (part))

One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding.

(Ord. 1586 §11 (part))

All documents required to be posted, other than a notice of improvement, shall be posted on a bulletin board at or near the council chamber doors for not less than five days.

(Ord. 1586 §1 (part))

The certificate of the city clerk or officer giving the notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.

(Ord. 1586 §11 (part))

Property owned or used by any privately owned public utility shall be assessed in the same manner as other property in the district.

(Ord. 1586 §11 (part))

Notwithstanding any limitations contained in the acts referred to in Section 3.80.010 or the General Statutes of the state of California, the council shall have the authority to sell improvement bonds to represent special assessments at a price to be determined by the council at or before the sale of said bonds, whether at par value, at a discount, or at a premium, and bearing interest at a rate or rates to be determined by the council, whether or not said rates exceed the limitations otherwise provided by state law. The sale of said bonds may be by competitive bidding or through negotiation as may be determined by the council.

(Ord. 1586 §11 (part))