Chico Municipal Code Art. III Adaptation of Municipal Improvement Act of 1913

When proceedings are taken pursuant to the Municipal Improvement Act of 1913, its provisions may be modified as hereinafter provided by this chapter.

(Ord. 1586 §11 (part))

Bonds may be issued upon any supplemental assessment and more than one such assessment may be had.

(Ord. 1586 §11 (part))

The time provided for cash payment of assessments shall be 30 days, although it may be shortened or eliminated by petitions certified by the public works director to be signed by the owners of 100% of the property assessed. Payments shall be made to the finance director, unless the council shall specify some other officer to whom payments are to be made.

(Ord. 1586 §11 (part), Ord. 2113 §1, Ord. 2364 §65, Ord. 2439 §27)

Where, incident to an assessment district proceeding, an action in eminent domain is filed to acquire a portion of a parcel of real property located within the assessment district boundaries, the benefits accruing to such property as a result of the assessment district proceedings shall be credited against the severance damages, if any, awarded to the owner of such property as a result of such eminent domain action.

(Ord. 1586 §11 (part))

The council shall determine the amount of any surplus remaining in the improvement fund after completion of the improvement and the payment of all claims. The surplus may then be disposed of as follows:

A. The owners of parcels, at the time the surplus is declared, for which assessments have been completely paid. shall be promptly paid the pro-rata share of the surplus attributable to the assessment on each such parcel;

B. The amount of surplus proportionately attributable to the assessments on each other parcel shall be calculated by the finance director. These surplus amounts shall be credited against the next succeeding installments of principal and interest due on the assessments until they are exhausted. Any amounts remaining upon retirement of the bonds or full payment of the assessment on any parcel shall promptly be paid in cash to the then current owner of such parcel.

(Ord. 1586 §11 (part), Ord. 2113 §1)

The protest hearing need not be set 30 days in advance so long as 20 days' mailed notice of the hearing is provided. Mailed notice shall be done in accordance with general law.

(Ord. 1586 §11 (part))

Based upon petitions certified by the engineer of work to be signed by the owners of 100% of the parcels subject to assessment, and which expressly waive notice and hearing, the council may proceed to approve the engineer's report, levy the assessments, order the improvement, and proceed with the assessment district proceedings without any notice of hearing or hearing on the report. For purposes of this paragraph, “owners” includes a mortgagee or beneficiary as described in Streets and Highways Code Section 10311.5.

(Ord. 1586 §11 (part))

The council may, if it deems it appropriate, agree to acquire by purchase such real property, rights-of-way, easements, or interests in real property shown or to be shown upon any final map filed with or submitted to the city for acceptance and approval under the provisions of the Subdivision Map Act (commencing at Section 66410 of the Government Code) and offered for dedication to public use by said map or by any separate offer of dedication.

(Ord. 1586 §11 (part))