Long Beach Municipal Code Div. IV Long Beach Assessment District Bonds

This Division may be cited as the "Long Beach Assessment District Procedural Ordinance."

(Ord. C-5971 § 1 (part), 1983)

This Division is intended to provide an alternative procedure for the financing by the City of Long Beach of the acquisition or improvement of various public improvements. Such improvements may be payable in whole or in part out of the proceeds of assessments or assessment bonds, and secured by assessments to be levied against benefited property.

(Ord. C-5971 § 1 (part), 1983)

Unless the context otherwise requires, the terms used in this Division shall have the following meanings:

"Acquisition," or any of its variants, means and includes the acquisition of existing improvements, authorized to be made, constructed or acquired under this Division whether or not such improvements are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof.

"Clerk" means the City Clerk of the City of Long Beach.

"Improvement" means and includes all work, improvements, appliances or facilities which the City has the power to finance under its Charter and which are for a public purpose or which are necessary or incidental to a public purpose, including but not limited to the construction, reconstruction, maintenance and repair of all or part of any such work or improvement. "Improvements" shall also include without limitation any use or capacity rights in any improvement, electric current, gas or other illuminating agents for power or lighting service, and any real property, rights-of-way, easements or interests in real property, acquired or to be acquired by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work of improvement authorized to be acquired or to be made or constructed under this Division. Improvement also includes the conversion of existing electric or communication facilities and the construction, reconstruction or relocation of any other electric or communication facilities which may be incident thereto. For purposes of the preceding sentence, the terms "conversion" and "electric or communication facilities" shall have the meanings given to such terms in Section 5896.2 of the California Streets and Highways Code.

"Install," or any of its variants, includes construct, reconstruct, extend, repair and maintain.

"Legislative body" means the City Council of the City of Long Beach.

"Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself or herself, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.

Where the City Council determines that less than the fee interest in property is to be assessed pursuant to Section 3.52.421, "owner" shall include the person owning the interest in the property which is to be subject to the lien of the assessment, as reflected in documents duly recorded in the County Recorder's office.

"Report" means the report prepared by the City Engineer pursuant to Sections 3.52.425 and 3.52.426.

(ORD-08-0007 § 1, 2008; Ord. C-5971 § 1 (part), 1983)

Proceedings for the financing of improvements of the character described in the third and fourth sentence of the definition of "improvement" in Section 3.52.414 shall be initiated either by a petition which describes the boundaries of the proposed assessment district, generally describes the proposed conversion and requests that proceedings for the conversion be taken pursuant to this Division, which petition is signed by the owners of land within the proposed assessment district on which more than one-half (½) of the proposed assessments are to be levied, as such owners are shown by the last equalized assessment roll used by the City or are otherwise known to the City; or a determination by the City Council that the City or a public utility has voluntarily agreed to pay over fifty percent (50%) of all costs of conversion, excluding costs of user's connections to underground electric or communication facilities. Upon presentation of the petition and a certificate by the engineer of work or City Engineer as to the sufficiency thereof, or upon the making of such determination by the City Council, the City Council may adopt a resolution of intention described in Section 3.52.420 with respect to the formation of an assessment district to finance the improvements referred to in this Section.

(ORD-08-0007 § 3, 2008)

Whenever the public interest or convenience requires, the City Council may declare that the City shall finance the construction, installation or acquisition of any improvement by the adoption of a resolution declaring the City's intention to finance such improvement under the provisions of this Division. The resolution of intention shall include the following information:

A. A brief description of the proposed improvements;

B. A brief description of the exterior boundaries of the proposed assessment district;

C. If applicable, provisions for the issuance of bonds to represent any unpaid assessments;

D. Provisions for the disposal of any surplus remaining in the improvement fund after the completion of the improvement.

(Ord. C-5971 § 1 (part), 1983)

Where the fee interest in the property to be assessed is vested in the City or another public agency and subject to satisfaction of all other applicable legal requirements, the City Council may impose the lien of the assessment against less than the fee interest, including without limitation a leasehold interest, and the resolution of intent shall describe this lesser interest to be assessed.

(Ord. C-5971 § 1 (part), 1983)

The City Council may make all or a designated portion of the cost and expenses of the acquisition or installation of any improvement, including construction-period interest, chargeable upon an assessment district. The City Council shall designate the assessment district in its resolution of intention, and shall declare it to be the district benefitted by the acquisition or installation and to be assessed to pay so much of the cost and expense thereof as the City Council shall determine. The territory comprising said district may, but need not, include all, or be confined to, or extend beyond, the lots and lands fronting upon the improvement, or be contiguous, and the district may consist of separate and distinct areas or sections. The work performed in one (1) section need not benefit the other section or sections.

(Ord. C-5971 § 1 (part), 1983)

The district may be described by:

A. Stating its exterior boundaries;

B. Giving a description thereof according to any official or recorded map; or

C. Referring to a plat or map on file in the office of the City Clerk or City Engineer at the time of passing the resolution of intention, which shall indicate by a boundary line the extent of the territory included in the proposed district, and shall govern for all details as to the extent of the assessment district.

(Ord. C-5971 § 1 (part), 1983)

The assessment district need not be described in any of the notices, resolutions, orders or determinations provided for this Division, other than the resolution of intention. Any description of said district in such other proceedings shall be sufficient if it refers to the resolution of intention for a description of the district.

(Ord. C-5971 § 1 (part), 1983)

In the resolution of intention the City Council shall refer the proposed improvement to the City Engineer to make and file with the City Clerk a report in writing.

(Ord. C-5971 § 1 (part), 1983)

The Engineer's report shall contain:

A. A brief description of the acquisition or installation of any improvement proposed to be financed, which description may refer to any plans and specifications.

B. An estimate of the total cost of the improvement, an estimate of the amount which would be borne by the City, if any, and the amount to be assessed against the benefitted lands within the assessment district.

C. A diagram showing the assessment district, reference to assessor's parcel numbers or other identification of parcels within the district and, if necessary, the boundaries and dimensions of the parcels or subdivisions of land within the district as they existed at the time of the passage of the resolution of intention. Each parcel or subdivision shall be given a separate number upon the diagram.

D. A proposed assessment of the total amount of the cost and expenses to be assessed upon the several parcels or subdivisions of land in the district, which assessment shall be in proportion to the estimated benefits to be received by such parcels or subdivisions, respectively, from the improvement. When any portion or percentage of the cost and expenses of the improvement is ordered to be paid out of the Treasury of the City of Long Beach or otherwise by unassessed contribution of any governmental entity, the amount of such portions or percentages shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon the property proposed in the report shall include only the remainder of the estimated cost expenses. The assessment shall refer to the parcels or subdivisions by their respective numbers as assigned pursuant to Section 3.52.426.E.

E. If it is proposed that the lien of the assessment shall be against less than the fee interest of the land pursuant to Section 3.52.421, a description of this lesser interest. The report need not be detailed and shall be sufficient if it provides adequate information from which to identify the improvements, the cost of installation or acquisition, the boundaries of the assessment district and the manner of assessment of property within the district.

(Ord. C-5971 § 1 (part), 1983)

The report provided for in Sections 3.52.425 and 3.52.426 shall be filed with the City Clerk and the Clerk shall present it to the City Council for consideration. The City Council may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this Division.

(Ord. C-5971 § 1 (part), 1983)

At any time or times prior to confirmation of the assessment, the City Council may provide for a contribution or contributions by the City or other governmental entities of any part of the cost and expenses of the proposed work, and it shall not be necessary to set forth or give notice of such contribution in the resolution of intention or in any other proceedings under this Division.

(Ord. C-5971 § 1 (part), 1983)

The City Council may, in its discretion, provide that any contribution being made pursuant to Section 3.52.428 may, to the extent of the fund so designated, be appropriated in such installments as the City Council may determine, provided that the total amount of such installments shall have been appropriated at or prior to the completion of the work.

(Ord. C-5971 § 1 (part), 1983)

After passing on the report, the City Council by resolution shall appoint a time and place for hearing protests to the proposed improvement and shall direct the City Clerk to give notice of the hearing as provided in this Division, and shall designate a daily or weekly newspaper published and circulated in the City in which the notice shall be published. The first publication of said notice shall be made not less than ten (10) days prior to the date of the public hearing stated in said resolution. The hearing shall be held not less than twenty (20) days after the passage of the resolution.

(Ord. C-5971 § 1 (part), 1983)

After the passage of the resolution of intention, the filing of the report, and the setting of the time and place for hearing protests, the City Clerk shall cause notices of the passage of the resolution to be posted. The notices shall be posted conspicuously on all open streets within the district, at not more than three hundred feet (300') apart on each street so posted, but not less than three (3) in all.

The notices shall:

A. Be headed "notice of improvement," in letters of not less than one inch (1") in height;

B. In legible characters state the fact and date of passage of the resolution of intention, the filing of the report and the time and place set for hearing of protests;

C. Briefly described the improvement proposed to be financed;

D. Refer to the resolution of intention and report for further particulars;

E. All posting must be fully completed at least ten (10) days before the date set for hearing protests or objections.

(Ord. C-5971 § 1 (part), 1983)

The City Clerk shall cause a notice similar in substance to the notice described in Section 3.52.431 to be published pursuant to Section 6066 of the Government Code. The notice shall be posted and first published at least ten (10) days before the date set for hearing of protests.

(Ord. C-5971 § 1 (part), 1983)

No proceeding shall be held invalid for failure to post any street or streets if Sections 3.52.432 and 3.52.434 have been substantially complied with.

(Ord. C-5971 § 1 (part), 1983)

At least fifteen (15) days before the date set for hearing of protests, the City Clerk shall mail, postage prepaid, notices of the adoption of the resolution of intention and the filing of the report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for City taxes, as updated by the County Assessor, or who are known to the City Clerk. If it is proposed to assess less than the fee interest of the property, notice shall also be mailed to the owner of the interest proposed to be assessed. The failure of the City Clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this Division.

(Ord. C-5971 § 1 (part), 1983)

The notice shall contain:

A. A statement of the time, place, and purpose of the hearing on the resolution of intention and report;

B. A statement of the total estimated cost of the proposed improvement, and whether such improvement is to be acquired, installed or constructed;

C. The estimated amount, as shown by the report, to be assessed against the particular parcel covered by the notice, and the legal interest in real property to be assessed;

D. A statement that any person interested may file a protest in writing as provided in this Division.

(Ord. C-5971 § 1 (part), 1983)

Upon the completion of the mailing of the notices, the City Clerk shall file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of this Division for publishing, posting, and mailing notices.

(Ord. C-5971 § 1 (part), 1983)

Any interested person may object to the proposed improvement, the extent of the assessment district, or to the proposed assessment by filing a written protest with the City Clerk at or before the time set for the hearing. Such protest must contain a description of the property in which each signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll (as updated by the County Assessor) as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property or the parties to be assessed. The Clerk shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the City Council all filed protests.

Any document filed as a "protest" before the City Council orders the publication of the resolution of intention shall not be considered a protest in compliance with this Division.

(Ord. C-5971 § 1 (part), 1983)

If the protests are against the proposed improvement and the City Council finds that such protests are signed by the owners of more than one-half (½) of the area of the land included within the assessment district, all further proceedings under the resolution of intention are barred, unless the protests are overruled by an affirmative vote of two-thirds (⅔) of the members of the City Council. The City Council may confirm, modify, or reject the proposed assessment.

(Ord. C-5971 § 1 (part), 1983)

If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the "owners" of the property to be assessed, the City Council shall make such determination from the last equalized assessment roll, any written evidence submitted with a written protest and any other evidence received at the hearing. The City Council shall be under no duty to obtain or consider any other evidence as to ownership of the property and its determination of ownership shall be final and conclusive.

(Ord. C-5971 § 1 (part), 1983)

If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act (commencing at Section 66410, California Government Code) and such improvements were financed, in whole or in part, from the proceeds of any loan secured by a mortgage or deed of trust upon any lands within the proposed assessment district, upon submission of evidence satisfactory to the City Council of the foregoing, the mortgagee or beneficiary under any such mortgage or deed of trust may protest in the same manner and to the same extent as the owner of such lands.

(Ord. C-5971 § 1 (part), 1983)

When upon the hearing the proposed assessment is confirmed as filed, modified, or corrected, the City Council by resolution shall approve the acquisition or installation of the proposed improvement, declare that the funds collected from the assessments or sale of bonds be utilized for said purposes and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective parcels or subdivisions of land in the assessment district.

(Ord. C-5971 § 1 (part), 1983)

Notwithstanding anything in Subdivisions 3 or 4 of this Division, the owners of property to be assessed, together with any mortgagee or beneficiary described in Section 3.52.443 may waive, by unanimous consent, the right to notice, protest and hearing provided in Subdivisions 3 and 4, in which case the City Council may confirm, modify or reject the assessment by resolution without such notice and hearing.

(Ord. C-5971 § 1 (part), 1983)

Changes of work, boundaries, assessments or the like shall be permitted in accordance with the provisions of the Municipal Improvement Act of 1913, Division 12, Chapter 4.5 of the California Streets and Highways Code, Sections 10351 through 10358. Said provisions are hereby adopted and referred to and made part of this Division with the same force and effect as though specifically set forth herein, and, as so adopted, shall be construed to conform to and be consistent with the provisions of this Division.

(Ord. C-5971 § 1 (part), 1983)

The manner in which the assessment shall be levied and collected shall be as provided in the Municipal Improvement Act of 1913, Division 12, Chapter 5 of the California Streets and Highways Code, Sections 10404 and 10425 through 10430. Said provisions are hereby adopted and referred to and made part of this Division with the same force and effect as though specifically set forth herein, and as so adopted, shall be construed to conform to and be consistent with the provisions of this Division.

(Ord. C-5971 § 1 (part), 1983)

Any assessment bonds issued under this Division may be issued as provided for in the Improvement Act of 1911, Division 7, Part 5 of the California Streets and Highways Code commencing with Section 6400 thereof; or in the Improvement Bond Act of 1915, Division 10 of said Streets and Highways Code commencing with Section 8500; and except for those exceptions and amendments provided in Sections 3.52.471 through 3.52.475 of this Subdivision inclusive, are hereby adopted and referred to and made part of this Division with the same force and effect as if specifically set forth herein, and as so adopted, shall be construed to conform to and be consistent with the provisions of this Division.

(Ord. C-5971 § 1 (part), 1983)

Sections 8502 and 8809 of the California Streets and Highways Code are expressly excluded from the operative effect of Section 3.52.470 and are inapplicable to the City of Long Beach in the context of this Division.

(Ord. C-5971 § 1 (part), 1983)

Notwithstanding the provisions of Section 3.52.470, Section 8652 of the Streets and Highways Code are incorporated herein, shall read as follows:

The bonds shall be in the form prescribed by resolution of the City Council. By way of example only, the Bonds may be in substantially the following form:

CITY OF LONG BEACH ASSESSMENT BOND (NAME OF PROJECT)

Under and by virtue of the Long Beach Assessment District Procedural Ordinance, and that certain resolution of issuance dated _______, 19___, (the "Resolution"), the City of Long Beach (the "Issuer") will on the _____ day of _______, 19___, out of the redemption fund for the payment of the bonds issued upon the assessment made for the work upon and improvements on certain streets (or on _______ Street, or in improvement district No. _____, or on certain rights-of-way owned by, or by other suitable description), [or for the laying out, opening, extending, widening, straightening or acquiring of certain streets], as they are more particularly set forth and described in a resolution of intention passed by the City Council on the _______ day of _______, 19___, pay to, or registered assigns, the sum of _______ ($_______) with interest thereon from the interest payment date preceding the date of registration of this Bond to which interest has been paid or duly provided for (unless this Bond is registered as of an interest payment date, in which event it shall bear interest from said date; or unless this Bond is registered after a regular record date (which shall be the _______ day of the month preceding an interest payment date) and before the following interest payment date, and if the Issuer shall not default in the payment of interest due on such interest payment date, in which event it shall bear interest from such interest payment date; or unless this Bond is registered prior to the first regular record date, in which event it shall bear interest from _______) until payment of such principal sum shall be discharged as provided in the Resolution, at the rate of _______ percent (_____%) per annum, payable on _______ in each year. The principal (or redemption price) hereof is payable upon surrender hereof at the office of the Treasurer of the City of Long Beach, California, and the interest hereon is payable by check or draft mailed to the person in whose name this Bond (or one (1) or more predecessor Bonds) is registered as of the close of business on the regular record date preceding the applicable interest payment date (subject to certain exceptions set forth in the Resolution) at such person's address as it appears on the registration books of the Trustee.

This bond is one (1) of several annual series of bonds of like date, tenor and effect, but differing in amounts and maturities, issued by the City of Long Beach under said ordinance for the purpose of providing means for paying for the work and improvement described in said resolution of intention, and is secured by the moneys in said redemption fund and by the unpaid assessments made for the payment of said work, and, including principal and interest, is payable exclusively out of said fund.

This bond is issued on the express condition that the City of Long Beach has no obligation whatsoever to include in any tax levy any amount, or to levy a special tax, for the purpose of paying any delinquent assessment or interest, or for the purpose of paying for lands purchased or to be purchased at any tax sale or foreclosure held under provisions of the aforementioned Long Beach Assessment District Procedural Ordinance, or for the purpose of paying the installment of any assessment or of interest thereon.

The interest is payable _______ to wit: On _______ in each year hereafter; provided, that the first installment is for the interest to the second day of _______, 19___, and thereafter the interest installments are for the semiannual interest.

The Bonds are issuable only as fully registered Bonds without coupons. Subject to the limitations and upon payment of the charges, if any, provided in the Resolution, Bonds may be exchanged at the office of the Treasurer of the City of Long Beach, California for a like aggregate principal amount of Bonds of other authorized denominations.

The transfer of the Bond is registrable on the registration books of the Treasurer upon surrender of this Bond for registration of transfer at the aforesaid offices of the Treasurer, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Treasurer duly executed by, the registered owner hereof in person or by his attorney duly authorized in writing, but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the Resolution. Upon such registration of transfer a new Bond or Bonds, of any authorized denomination or denominations, of the same maturity for the same aggregate principal amount, will be issued to the transferee in exchange herefor.

The Issuer and the trustee, if any, may treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, and the Issuer and such trustee shall not be affected by any notice to the contrary.

This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment therefor is refused upon the sole ground that there are not sufficient monies in said redemption fund with which to pay same. If it is not presented at maturity interest thereon will run until maturity.

This bond may be redeemed and paid in advance of maturity upon the _______ day of _______ in any year by giving the notice provided in the Resolution and by paying principal and accrued interest together with a premium [if applicable] equal to _______.

In witness whereof, said _______ of _______ has caused this bond to be signed by the Treasurer of the City of Long Beach and by the City Clerk and has caused the City Clerk to affix thereto its corporate seal all on the _______ day of _______, 19___.

___________ City Treasurer

___________ City Clerk

(Ord. C-5971 § 1 (part), 1983)

Notwithstanding the provisions of Section 3.52.470, Section 8804 of the Streets and Highways Code as incorporated herein, shall read as follows:

The City Council may, but need not, direct, in the proceedings for the issuance of the bonds, that, notwithstanding the provisions of Section 8805 of the California Streets and Highways Code, the City shall, unless a resale has been made by it, from time to time when due pay and transfer into the redemption fund from such funds as may be available at the end of any fiscal year the amount of any future delinquent installments of the assessment and interest thereon pending redemption, and no redemption shall be made until any such subsequent payments, with interest and penalties, shall also be paid. If there are no available funds in the Treasury of the City of Long Beach with which to make payment of the amount of the delinquent assessment and interest for which the property was sold, the tax collector or City Treasurer—Revenue Officer shall delay the entry of the certificate of sale until such funds are available. However, the period of redemption from such tax sale shall not be extended thereby nor shall the rights or privileges of the property owner be in any way affected.

(Ord. C-5971 § 1 (part), 1983)

Notwithstanding the provisions of Section 3.52.470, Section 8806 of the Streets and Highways Code as incorporated herein, shall read as follows:

The City Council may, but need not, direct in the proceedings for the issuance of the Bonds that, notwithstanding the provisions of Section 8805 of the California Streets and Highways Code, the City shall, unless a resale has been made by it, from time to time when due pay and transfer into the redemption fund from such funds as may be available at the end of any fiscal year the amount of any future delinquent installments of the assessment and interest thereon pending redemption, and no redemption shall be made until any such subsequent payments, with interest and penalties, shall also be paid.

(Ord. C-5971 § 1 (part), 1983)

Notwithstanding the provisions of Section 3.52.470, Section 8650 of the Streets and Highways Code as incorporated herein, shall read as follows:

Except as the City Council body shall provide otherwise under Section 8650.1, the bonds shall be issued in series and a portion of the aggregate principal sum thereof shall be payable annually commencing not later than 3 years from the date of issue. The bonds shall bear interest at a rate or rates to be fixed by the City Council from the 31st day after recording the assessment, or from their date if the work was done under the Municipal Improvement Act of 1913, on all sums unpaid, until the whole of the principal sum and interest are paid.

Interest shall be payable at the times and in the manner provided by resolution of the City Council.

(Ord. C-5971 § 1 (part), 1983)

The City Council may determine that assessment bonds shall be issued as provided in this Subdivision 7 represent and be secured by assessments which shall be made to pay the cost of any improvement which is made in any of the streets, avenues, lanes, alleys, courts, public places or public ways of the City, or in, over, or through any property or rights-of-way owned by the City, and which is authorized in proceedings initiated either prior to or subsequent to the effective date of this Division, by the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code or by the improvement Act of 1911, Division 7 of the California Streets and Highways Code or which is made to pay the cost of any other improvement which is charged and assessed upon real property pursuant to any other provision of law, including any other provision of the Long Beach Municipal Code.

(Ord. C-5971 § 1 (part), 1983)

In the event there is an urgent need to proceed with an improvement, the acquisition, construction, repair or installation of which is required to be commenced in advance of the completion of assessment proceedings under this Division, the City Council may declare that such an urgent need exists for the acquisition and improvements and by resolution may direct that the City proceed with the project and that funds be advanced therefor. Thereafter, the City shall cause assessment proceedings to be instituted under this Division.

At the completion of such proceedings, the assessments collected, either in cash or through the sale of bonds, may be paid directly to the City in reimbursement of funds advanced by the City.

(Ord. C-5971 § 1 (part), 1983)

This Division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality and no neglect or omission of any officer, in any procedure taken under this Division, which does not directly affect the jurisdiction of the City Council to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the City Council in accordance with the provisions of this Division.

(Ord. C-5971 § 1 (part), 1983)

Whenever in any proceedings under this Division, a time and place for any hearing by the City Council is fixed and, from any cause, the hearing is not then and there held or regularly adjourned to a time and place fixed, the power of the City Council in the premises shall not thereby be divested or lost, but the City Council may proceed anew to fix a time and place for the hearing, and cause notice thereof to be given by publication by at least one (1) insertion in a daily, semiweekly or weekly newspaper, such publication to be at least five (5) days before the date of the hearing, and thereupon the City Council shall have power to act as in the first instance.

(Ord. C-5971 § 1 (part), 1983)

This Division is not exclusive. The City Council shall have power to provide other procedures or to follow procedures and powers now or hereafter provided by general law for the financing of improvements authorized hereunder. The procedures and powers herein are alternative to such other procedures and powers. When proceeding under this Division, its provisions only need to be followed.

(Ord. C-5971 § 1 (part), 1983)

When provisions of general law or acts are incorporated in this Division, such incorporation shall be interpreted to mean the wording of the general law or acts then in effect at the date the City Council adopts its resolution of intention to participate in a project, unless the City Council shall provide otherwise.

(Ord. C-5971 § 1 (part), 1983)

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

(Ord. C-5971 § 1 (part), 1983)