Long Beach Municipal Code Div. VI Structural Seismic Resistance and Structural Repair Assessment District…

Any resolution, notice, report, diagram or assessment which is required to contain a description of the improvements, the boundaries of the assessment district or the parcels therein, or the lines and dimensions of any parcel of lands may, for a full and detailed description thereof, refer to any plan or map which is on file with the City Engineer, City Clerk, the County Auditor or the assessor of the County and which is open to public inspection. The plan or map so referred to shall govern for all details of the description.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Unless the context otherwise requires, the definitions contained herein shall govern the construction of this Division. For purposes of this Division, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations, corporations, partnerships, districts, agencies and bodies, unless the context clearly requires otherwise.

"Assessed" and "assessment" as used in Subdivision 3 mean assessments made pursuant to Subsection 3.52.582.E, as corrected and modified by the City Council. "Assessed" and "assessments" do not include assessments to pay administrative costs made pursuant to Subsection 3.52.582.F.

"Assessment district" means the district of land or certain specified parcels (which may be contiguous or noncontiguous parcels) within the City to be benefited by the improvements and to be specially assessed to pay the costs and expenses of the improvements and the damages caused by the improvements.

"Assessment Engineer" means the City Engineer or such other officer of the City or competent person employed or contracted by the City responsible for preparing the report required by Section 3.52.581, who is a registered professional engineer certified by the State of California.

"Auditor" means any person at the City who is charged with the duty of extending taxes upon the assessment rolls and lists.

"Bond", and any of its variants, means bonds, notes, commercial paper or other evidences of indebtedness, or lease, installment purchase or other agreements or certificates of participation therein.

"City" means the City of Long Beach, California.

"City Clerk" means the person who is or acts as Clerk of the City Council and/or the Assessment Engineer when such individual is deputized as City Clerk.

"City Council" means the Council of the City.

"County" means the County of Los Angeles, California.

"Improvement", and any of its variants, includes all work and improvements, whether acquired, installed or constructed, authorized or undertaken by the City or by any owner which are necessary or incidental to comply with the provisions of Chapter 18.68, any amendments thereto, or any other provision of law relating to the health, safety and welfare of the citizens of the City, and which are necessary for or incidental to a public purpose.

"Incidental expenses" shall include, but not be limited to, the incidental expenses specified in Section 5024 of the Streets and Highways Code.

"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 of the County, or the person in possession of the property or buildings, exercising acts of ownership over the same for himself, or as the executor, administrator, guardian or conservator 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 in the possession of the owner.

"Resolution of Intention" means the resolution of the City required by Section 3.52.579.

"State" means the State of California.

"Tax Collector" means the person who is charged with the duty of collecting taxes, advertising delinquent lists of unpaid taxes, selling lands thereunder and executing certificates of sale and deeds thereon.

"Treasurer" means the City Treasurer or any designated agent.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever in Subdivision 2 and Subdivision 3 a notice, resolution, order or other matter is required to be published and the manner of such publication is not specified, it shall be published in a daily, semiweekly or weekly newspaper published and circulated in the City and which is selected by the City Council for that purpose, or by the City Clerk or other officer issuing the notice or responsible for the publication where the City Council has not selected any newspaper for that purpose.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever in Subdivision 2 and Subdivision 3 a notice, resolution, order or other matter is required to be published and the time for such publication is not specified, it shall be published in the newspaper once.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever in Subdivision 2 and Subdivision 3 a notice, resolution, order or other matter is required to be posted and the time or method for such posting is not specified, the City Clerk shall conspicuously post the notice, resolution, order or other matter on or near the door of the City Council's regular meeting place for not less than seventy-two (72) hours.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever any notice, resolution, order, or other matter is required to be published or posted, and the duty of posting, publishing or procuring the same is not specifically enjoined upon any officer or person, the City Clerk shall post or procure the publication or posting thereof, as the case may be.

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this Division as to the officer or person posting or publishing, or procuring the publication or posting, of any notice, resolution, order or other matter when the same is actually published or posted for the time required.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The failure of the City Clerk or Assessment Engineer to mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this Division nor prevent the City Council from proceeding with any hearing so noticed.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided in Subdivision 2 and Subdivision 3 of this Division, shall be necessary to give validity to any of the proceedings provided in this Division.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notwithstanding any provision of this Division, in the event of any conflict between the requirements of this Division and those of Article XIII D of the California Constitution, the provisions of said Article XIII D shall prevail.

(Ord. C-7480 § 1, 1997)

Whenever the public interest or convenience requires, the City Council may acquire, construct or install, or may make funds available to enable the owners of parcels of land within the assessment district to acquire, construct or install, any or all of the improvements, and the City may acquire by gift, purchase or eminent domain proceedings, land, rights-of-way, leases and easements necessary for any such works and improvements.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Before authorizing the City or any Owner to proceed with any Improvement in accordance with the provisions of this Subdivision and for which an assessment will be levied on parcels of land within the proposed Assessment District, the City Council shall adopt a resolution declaring its intention to do so. The Resolution of Intention shall (i) briefly describe the nature of the proposed Improvements, (ii) specify the exterior boundaries of the Assessment District and the parcels of land which will have a special benefit conferred upon them and upon which an assessment will be imposed, (iii) declare the intention of the City Council to issue Bonds payable from the assessments, if any Bonds are to be issued, as contemplated by Subdivision 3, (iv) declare the intention of the City Council to levy an assessment for any such Improvements, (v) declare the intention of the City Council to levy an assessment or a fee to pay administrative costs of the City incurred as a result of the assessments or any Bonds if it intends to levy such an assessment or fee, (vi) describe the methods of apportionment over time of any assessment proposed under this Subdivision which shall be consistent with the requirements of Article XIII D of the California Constitution, (vii) if the Improvements are to be constructed, acquired or installed by the affected Owners or their designated appointees or contractors, the procedure for the Owners to apply for funds, including the contents of any reports, certificates or estimates which must be submitted to the Assessment Engineer for approval as a prerequisite to receiving such funds, (viii) provide for the disposal of any surplus remaining in any accounts of an improvement fund after completion of the Improvements, (ix) state the intention of the City, if applicable, to exclude from the Assessment District all properties belonging to Owners who have provided notice of their intent not to be part of the Assessment District in accordance with Section 3.52.595, (x) state, if applicable, the determination of the City Council to provide a penalty on delinquent installments of assessments in accordance with Section 3.52.613, (xi) name an Assessment Engineer for the Assessment District, (xii) state the procedures for Owners to protest against the proposed Improvements, Assessment District and assessments, and (xiii) separate the general benefits from the specific benefits imposed on properties in the Assessment District. The descriptions need not be detailed and shall be sufficient if they enable the Assessment Engineer to generally identify the nature, location and extent of the Improvements and the location of, or the parcels included in, the Assessment District. The Resolution of Intention may also contain a brief statement of the intention of the City Council to enter into an agreement with any other public agency or public utility for the performance of any work or service by such public agency or public utility in connection with the Improvements.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In the Resolution of Intention, the City Council may order that a specified portion or percentage of the cost and expenses of the Improvements shall be paid out of the General Fund of the City or from any other fund as the City Council may designate.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In the Resolution of Intention, the City Council shall refer the proposed Improvements to the Assessment Engineer named in the Resolution of Intention and direct such Assessment Engineer to make and file with the City Clerk a report in writing.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The report of the Assessment Engineer to whom the Improvements are referred by the City Council shall contain the following:

A. A general description of the proposed Improvements including the general nature and extent of the Improvements.

B. A general description of any Improvements already acquired, constructed or installed and any other works, appliances or property necessary or convenient for the operation of the Improvements, if such works, appliances or property are to be acquired, constructed or installed as part of the Improvements.

C. An estimate of the proposed cost of the Improvements and of the proposed cost of the Incidental Expenses to be incurred in connection with the Improvements including, but not limited to, expenses relating to the financing of the Improvements, the establishment of a reserve fund for the Bonds and the registration of Bonds.

D. A diagram showing, as they existed at the time of the passage of the Resolution of Intention, all of the following:

1. The exterior boundaries of, or the parcels included in, the Assessment District.

2. The boundaries of, or the parcels included in, any zones within the Assessment District.

3. The lines and dimensions of each parcel of land within the Assessment District. Each parcel, including any condominium interest, as defined in Section 783 of the Civil Code of the State of California, shall be given a separate number upon the diagram. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels.

E. A proposed assessment of the total amount of the costs and expenses of the proposed Improvements upon the several parcels of land in the Assessment District. Such proposed assessment shall include the formula pursuant to which the amount of the assessment was determined. The methods of apportionment over time of any assessment shall also be stated. When any portion or percentage of the cost and expenses of the Improvements is ordered to be paid out of the General Fund or other fund of the City pursuant to Section 3.52.580, the amount of that portion or percentage shall first be deducted from the total estimated cost and expenses of the Improvements, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the parcels by their respective numbers as assigned pursuant to Subsection 3.52.582.D.

F. A proposed maximum annual assessment upon the several parcels within the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated Bonds and reserve or other related funds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If Bonds are to be issued pursuant to Subdivision 3 hereof, the costs and expenses of the proposed Improvements may include an allowance for interest not exceeding two (2) years' estimated interest on the Bonds from the date thereof. The amount of the allowance for interest shall be paid into the redemption fund for the Bonds upon sale and delivery of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

To expedite the conduct of proceedings and the construction, acquisition or installation of any Improvements, the City Council may at any time transfer into a special fund designated by the name of the improvement proceeding, out of any available funds of the City, such sums as it deems necessary. The sums so transferred are a loan to the special fund and may, or at the discretion of the City Council shall, be repaid out of the proceeds of the assessments provided for in this Subdivision.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

When the report provided for in Sections 3.52.581 and 3.52.582 is filed with the City Clerk, he or she shall present such report to the City Council for consideration. The City Council may modify such report in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent proceedings except that such report may be confirmed, modified or corrected as provided in this Subdivision.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

After passing on the report, the City Council by resolution shall appoint a time and place for hearing protests to the proposed Improvements, the proposed Assessment District and/or the proposed assessments and shall direct the City Clerk or the Assessment Engineer to give notice of the hearing as provided in this Subdivision, and shall designate a daily or weekly newspaper published and circulated in the City in which the notice shall be published. The hearing shall be held not less than thirty (30) days after the passage of such resolution unless the City Clerk or the Assessment Engineer receives written consents, signed by each Owner of a parcel within the Assessment District, to an earlier hearing date or to a waiver of the protest hearing.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notwithstanding anything to the contrary contained in this Subdivision, any provision contained herein requiring the mailing, publication or posting of notices or requiring a public protest hearing within a specified time period may be waived or modified with the consent of all of the Owners of parcels of land included within an Assessment District. Any such waiver or modification shall be in writing and shall be executed by each Owner of each parcel of land included or proposed to be included in the Assessment District; provided, however, that any such written waiver or modification may be executed by an Owner in counterparts. If the City Clerk or the Assessment Engineer shall receive any such executed waiver or modification, it shall be deemed an amendment to the provisions of this Subdivision with respect to the Assessment District which is the subject of such waiver or modification.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

After the adoption of the Resolution of Intention, the filing of the report and the setting of the time and place for hearing protests, the City Clerk or the Assessment Engineer shall cause notices of the passage of the Resolution of Intention to be posted. The notices shall be posted conspicuously on all the open streets contingent to the parcels of land within the proposed Assessment District, at not more than three hundred feet (300') apart on each street so posted, but no less than three (3) in all.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Clerk or the Assessment Engineer shall also cause a notice similar in substance to the notice described in Section 3.52.590 to be published in the City pursuant to Section 6066 of the Government Code. The notices shall be posted and first published at least twenty (20) days before the date set for hearing of protests.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The notices required by Sections 3.52.588 and 3.52.589 shall, except as otherwise noted:

A. Be headed "Notice of Improvements and Formation of Assessment District", in letters of not less than one inch (1") in height (except for the notice required by Section 3.52.589).

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 describe the Improvements proposed to be constructed, acquired or installed, the proposed Assessment District and the proposed assessments.

D. Refer to the Resolution of Intention and report for further particulars.

E. Contain the name and telephone number of a local department or agency designated by the City Council to answer inquiries regarding the protest proceedings.

F. Contain any other information required under Section 4(c) of Article XIII D of the California Constitution.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

No proceeding shall be held invalid for failure to post notices on any street or streets if the sections herein relating to notices have been substantially complied with or if waivers meeting the requirements set forth in Section 3.52.587 have been received.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

At least forty-five (45) days before the date set for hearing of protests, the City Clerk or the Assessment Engineer 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 or who are known to the City Clerk or the Assessment Engineer. If property assessed by the State of California under Section 14 of Article XIII of the Constitution is proposed to be assessed, such notice shall be mailed to every Owner of such property at the address thereof shown on the last board roll transmitted to the County Auditor.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The notice mailed to Owners pursuant to Section 3.52.592 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 proposed Improvements, the extent of the territory to be assessed and the maximum proposed cost of the Improvements.

C. The amount, as shown by the report, to be assessed against the particular parcel covered by the notice.

D. A statement that any person interested may file a protest in writing as provided in this Subdivision and such statement shall specify the mechanics of filing a protest and, if applicable, the intention of the City to exclude from the proposed Assessment District all properties belonging to Owners who have provided notice of their intent not to be part of such Assessment District.

E. The name and telephone number of the department or agency designated by the City Council to answer inquiries regarding the protest proceedings.

F. The notice also shall contain the information and ballot required under Sections 4(c) and (d) of Article XIII D of the California Constitution.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon the completion of the mailing of the notices, the City Clerk or the Assessment Engineer, as appropriate, may file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of this Subdivision for publishing, posting and mailing notices.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

After the City Council passes on the report pursuant to Sections 3.52.585 and 3.52.586, any interested person may object to the proposed Improvements, the extent of the Assessment District or to the proposed assessments, by filing a written protest with the City Clerk on or before the time set for the hearing. The protest shall contain a description of the property in which each signer thereof is interested sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the Owners of the property, the protest shall contain or be accompanied by written evidence that the signers are the Owners of the property. In addition the written protest shall contain, if applicable, a statement that such Owner requests the removal of its property from the proposed Assessment District. The City Clerk shall endorse on each protest the date of its receipt and, at the time appointed for the hearing, the City Clerk shall present to the City Council all protests filed with him or her. Only the protests filed with the City Clerk in accordance with this Section shall be considered by the City Council.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Any written protest not made at the time and in the manner provided in Section 3.52.595 shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to the proposed Improvements, the extent of the Assessment District, the proposed assessment and any other act, determination or proceeding on which protest could be made.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may remedy, revise and correct any error or informality in any act, determination or proceeding of the City Council or any officer of the City. The City Council may confirm, amend, alter, modify or correct the assessment and diagram in such manner as the City Council shall deem just and may instruct and direct the officer or person making the same to correct them in any particular.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the City Council finds that any protest against the proposed Improvements, the proposed Assessment District or the proposed assessment is made by the Owners of more than one-half (½) of the parcels of land within the proposed Assessment District (excluding those Owners of parcels of land who have been previously removed from the proposed Assessment District at such Owner's request), and protests are not withdrawn so as to reduce the protests to less than a majority (excluding those Owners of parcels of land who have been previously removed from the proposed Assessment District at such Owner's request), no further proceedings shall be taken for a period of one (1) year from the date of the decision of the City Council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths (⅘) of the members of the City Council pursuant to its powers under Article 16, Section 19 of the California Constitution. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing. The City Council may confirm, modify or correct the proposed assessment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

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 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 property and its determination of ownership shall be final and conclusive.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. The City Council shall conduct a public hearing upon the proposed assessment not less than forty-five (45) days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the City Council shall consider all protests against the proposed assessment and tabulate the ballots. The City Council shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. The provisions of this Section 3.52.600 shall prevail over any conflicting provisions of this Division VI.

B. When, upon the hearing, the proposed assessments provided for in Subsection 3.52.582.E and the maximum annual assessment provided for in Subsection 3.52.582.F are confirmed as filed, as modified, or as corrected, the City Council, by resolution, shall authorize the proposed Improvements to be constructed, acquired or installed in accordance with the provisions of this Subdivision, and declare its action upon the report, the establishment of the Assessment District and the assessments. The resolution shall be final as to all persons, and the assessments shall thereby be levied upon the respective parcels of land in the Assessment District.

C. If an annual assessment to pay for administrative costs is provided for pursuant to Subsection 3.52.600.B, the City Council shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment provided for in Subsection 3.52.600.B and shall not exceed a reasonable estimate of costs actually incurred or likely to be incurred. This determination may be included in the resolution adopted pursuant to Subsection 3.52.600.B. The City Council may subsequently determine by resolution that the annual assessment shall be a different amount, but in no event shall the annual assessment exceed the maximum annual assessment provided for in Subsection 3.52.600.B. Resolutions adopted pursuant to this Subdivision shall be final as to all persons, and the annual assessment in the amount determined shall thereby be levied annually until changed by resolution adopted pursuant to this Section. These assessments may be collected in the same manner and in the same installments as the assessments levied pursuant to Subsection 3.52.600.B, and may be combined with those assessments for collection in any manner which is convenient and economical.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. Unless the power to proceed shall have ceased at the conclusion of the hearing on the proposed Improvements, the proposed Assessment District and the proposed assessments because of a majority protest, at any time before completion of such proceedings, the City Council may make changes in, to or from the boundaries of or the parcels included in the proposed Assessment District, the Improvements authorized to be constructed, acquired or installed, the assessments (including the amounts of any of the individual assessments therein), or in the proceedings, or any act, determination or provision made, or permitted to be made, by the City Council under and pursuant to this Subdivision, which act, determination or provision does not affect the jurisdiction of the City Council to order the Improvements or the assessment. The City Council shall not change the Assessment District to include any territory which will not, in its judgment, be potentially benefited by the Improvements.

B. At any time after the passage of the resolution provided for in Subsection 3.52.600.B, the City Council may make changes in or modify the Improvements with respect to a particular parcel of land within the Assessment District with the written consent of the Owner thereof, and the City Council may reduce the assessment with respect to a particular parcel of land within the Assessment District without the need for any such written consent.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

All changes shall be made on notice and hearing as herein provided, except changes may be made:

A. At the hearing on the report, which:

1. Eliminate a portion of the Assessment District without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the Improvements; or

2. Exclude territory which will not be benefited by the remaining Improvements without increasing the amount of any assessment by reason thereof; or

3. Modify the Improvements or the assessment with respect to a particular parcel of land within the Assessment District with the written consent of the Owner thereof;

B. At any time after the Improvements are ordered and during the pendency of the proceedings, which:

1. Exclude territory which will not be benefited by the remaining Improvements without increasing the amount of any assessment by reason thereof; and

C. At any time after the passage of the resolution provided for in Subsection 3.52.600.B, which:

1. Modify the Improvements or reduce the assessment with respect to a particular parcel of land within the Assessment District with the written consent of the Owner thereof.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Before ordering any changes made, other than as provided in Section 3.52.602 hereof, the City Council shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the Improvements by reason of the proposed changes, if applicable, and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the City Council and show cause why the changes should not be ordered. The resolution shall also contain the name and telephone number of a local department or agency designated by the City Council to answer inquiries regarding the hearing proceedings. The resolution may describe the changes by referring to maps, plats, plans, profiles, detailed drawings or specifications on file in the office of the City Clerk or Assessment Engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code at least ten (10) days prior to the date of the hearing.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the resolution adopted pursuant to Section 3.52.603 proposes to include additional territory in the Assessment District, or to increase any assessment without written consent of the affected Owner, at least twenty (20) days prior to the hearing fixed therein, the City Clerk or the Assessment Engineer shall mail a copy of said resolution to all persons owning real property within said additional territory, or whose assessment is increased, whose names and addresses appear on the last equalized assessment roll or as known to the City Clerk or the Assessment Engineer.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Written objection to the proposed changes may be filed with the City Clerk by any interested person at any time not later than the time set for the hearing. The City Council shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereof shall be final and conclusive. If no written objections to said changes have been delivered to the City Clerk up to the hour set for hearing thereon or if said objections have been heard and found by the City Council to be insufficient or have been overruled or denied, immediately thereupon the City Council by an affirmative vote of four-fifths (⅘) of its members shall acquire jurisdiction to order said changes made. The decision and determinations of the City Council ordering such changes after notice and hearing shall be final and conclusive upon all persons entitled to appeal thereupon to the City Council.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If, as a result of any proposed changes or other events, the City Council shall determine that a supplemental assessment shall be necessary, the proceedings provided for by this Subdivision may either be combined with or conducted separately from the proceedings for such supplemental assessment. If said proposed changes shall eliminate or substantially reduce the estimated benefits to be received from the Improvements by any parcel of land within the Assessment District, the City Council shall not order any such changes without ordering a corresponding credit upon the individual assessment theretofore imposed upon such parcel. Said credit shall be made in the manner provided in Section 3.52.626.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Any changes made pursuant to this Chapter shall be subject to the limitations, if any, contained in any law applicable to the proceedings (including but not limited to Article XIII D of the California Constitution), which law may impose limitations upon the amount by which the estimated cost of the Improvements may be increased by reason of such changes.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The validity of an assessment or supplementary assessment levied under this Subdivision shall not be contested in any action or proceeding unless the action or proceeding is commenced within thirty (30) days after the assessment is levied pursuant to Subsection 3.52.600.A. Any appeal from a final judgment in such an action or proceeding shall be perfected within thirty (30) days after the entry of judgment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon the passage of the resolutions provided for in Section 3.52.600, the City Clerk shall transmit to the Assessment Engineer the diagram and assessments adopted pursuant to Section 3.52.600, and any changes, modifications or corrections made by the City Council in accordance with this Subdivision. The City Clerk shall likewise transmit to the Assessment Engineer any diagrams or assessments which are subsequently changed or modified by the City Council pursuant to Subsection 3.52.601.B.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Assessment Engineer shall record or cause to be recorded the diagram and assessments received pursuant to Section 3.52.609 in a book to be kept for that purpose in his or her office. Upon the date of such recordation, the assessment shall become due and payable in accordance with its terms, except that the City Council may provide in the resolution adopted pursuant to Section 3.52.600 that all or any portion of the assessment becomes due and payable on the dates necessary for payment of the Bonds which represent the assessment or portion thereof.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon the passage of the resolution provided for in Subsection 3.52.600.B, or upon modification of the Improvements or the assessment with respect to a particular parcel within Assessment District pursuant to Subsection 3.52.601.B, the City Clerk or Assessment Engineer shall record a notice of assessment, as provided in Section 3114 of the Streets and Highways Code, modified to reflect any annual assessment for administrative costs, whereupon the assessment shall attach as a lien upon the property assessed, as provided in Section 3115 of the Streets and Highways Code, except that the annual assessment for administrative costs shall become a lien at the same time the property tax becomes a lien each year.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. Notice of recordation of assessment shall be given as provided in this Section.

B. Upon recordation of the assessment, the City Clerk or the Assessment Engineer shall mail, as provided in Subdivision (a) of Section 5070 of the Streets and Highways Code, a statement containing all of the following:

1. A designation by street number, or some other description, of the property assessed sufficient to enable the Owner to identify it.

2. The amount of the assessment.

3. The date of the recordation of the assessment.

4. The time and place of payment of the assessment and the effect of failure to pay within such time.

5. If Bonds are to be issued, a statement of that fact.

C. The City Clerk or the Assessment Engineer also shall give notice by publication pursuant to Section 6066 of the Government Code, which notice shall state all of the following:

1. That the assessment has been recorded as provided in Section 3.52.611.

2. The time and place of payment of the assessment and the effect of failure to pay within such time.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. Except as otherwise provided in the Resolution of Intention, the unpaid assessments shall be payable in annual series corresponding in number to the number of years of principal payments (including payments at maturity and mandatory sinking serial payments) payable with respect to the Bonds issued in connection with such assessments. The annual proportion of each assessment, together with the annual interest on the assessment, shall be payable in the same manner and at the same time and in the same installments as the general ad valorem taxes on real property are payable, and the assessment installments and the annual interest on the assessment shall be payable and become delinquent at the same times and in the same proportionate amounts and, except as provided in Subsection 3.52.613.B, shall bear the same proportionate penalties and interest after delinquency as do the general ad valorem taxes on real property.

B. The City Council may provide, in the Resolution of Intention, that a penalty of two percent (2%) per month of the total amount of the delinquent installment shall be added to the delinquent installment on the July 1 following the delinquency date and an additional penalty of two percent (2%) of the amount of the delinquency shall be added at the beginning of business on the first day of each succeeding month until that delinquent installment and all penalties thereon are fully paid. This penalty shall be in lieu of all other monthly penalties assessed by other provisions of law, but shall not prevent the City from imposing a delinquency penalty of ten percent (10%). The Treasurer or the designated paying agent shall collect the penalties with, and as a part of, the delinquent installments, or the City Council may designate another official and another method of collection. All penalties collected shall be used as provided in the resolution authorizing the issuance of the Bonds to which the assessments pertain.

C. Notwithstanding the foregoing, the resolution authorizing the issuance of the Bonds, or the City Council by separate resolution, may provide for another method or other methods for the payment of unpaid assessments, including but not limited to direct billing by the City of the assessments, payment of past due assessments in installments to resolve delinquencies, and reductions of assessments as described in Subsections 3.52.636.D, 3.52.640.B and/or Section 3.52.643.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Interest on all unpaid assessments shall begin to run from the date of the Bonds and shall be computed at the rate specified in the Bonds secured by such assessments. Such interest shall for each year be computed and collected up to the next second day of September succeeding, no deduction being made by reason of any installment of such assessment being due or paid prior thereto in such year.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A copy of the order of the Assessment Engineer determining the assessments remaining unpaid in accordance with Subdivision 3 and upon the security of which Bonds are issued shall be filed in the office of the Auditor. The Auditor shall keep a record in his or her office showing the several installments of the principal and interest on said assessments which are to be collected in each year. The Auditor shall annually enter in his or her assessment roll on which taxes will next become due, opposite each parcel of land affected in a space marked "private improvement for public benefit assessment", or by other suitable designation, the several installments of such assessment coming due during the fiscal year covered by such assessment roll, including in each case the interest due on such total unpaid assessments. The Auditor shall also add a maximum of five percent (5%) of the amount of the installments and of the interest so entered, not to exceed the Treasurer's estimate of the expenses of collection and in any case not to exceed eight dollars ($8.00) per parcel per installment, except with the Owner's written consent. The expenses of collection shall include necessary administrative expenses of the City incurred in providing the Auditor with current information regarding the ownership or division of the affected parcels of land to ensure the proper entry by the Auditor in his or her assessment roll of the several installments of the assessment coming due during the fiscal year covered by the assessment roll and the timely collection of the installments. The percentages, and the amount represented by the installments, when collected shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. No other percentage or amount shall be claimed by the City Council for the collections.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In addition to the amounts set forth in Section 3.52.615, the Auditor shall further annually enter in the assessment roll on which taxes will next become due, opposite each parcel or land affected, in the manner set forth in Section 3.52.615, each parcel's pro rata share based on the amount of the assessment as a percentage of the total dollar value of all assessments then payable of the annual expenses of the City in connection with the registration of the Bonds under the system of registration authorized by Chapter 1.5 (commencing with Section 5050) of Division 6 of Title 1 of the Government Code, as determined by the City Treasurer. The expenses shall include the amount or estimated amount necessary to pay the fees and charges coming due during the fiscal year covered by the assessment roll of corporate or other authenticating agents, transfer agents, registrars, paying agents or other agents of the City. If the City performs any transfer, registration, authentication, payment or other function described in this Section, the expenses shall include a pro rata amount of the salaries of the City employees involved in the performance of the functions and all other costs incurred by the City in connection with the functions.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Treasurer may request the County Auditor to, within ninety (90) days after each installment becomes delinquent, render to the City a detailed report showing the amounts of the installments, interest, penalties and percentages so collected on each proceeding and from what property collected, identifying any properties which are delinquent and the amount and length of time in arrears, and also giving a statement of the percentages retained for the expenses of making such collections.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Taxpayers shall have the same right to pay assessments together with interest and any penalties thereon under protest as they have to pay general City taxes under protest, but their written protest must accompany each such payment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If any parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected with the name of the Owners if known, but otherwise the Owners may be described as "unknown Owners", and extend the proper installment opposite the same.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If it appears to the City Council that, according to the dates when taxes are collected in the City, there will be an insufficient amount on hand to pay the interest when due according to the method of collection provided by this Subdivision, the City Council may direct that such interest or some portion of it be collected in the year preceding that in which the same would otherwise be collected, and thereupon such interest or portion thereof shall be extended on the rolls for such preceding year and be due and collected therein.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. The Owner of assessed land, except land which has been ordered to judicial foreclosure pursuant to Section 3.52.636 (unless otherwise permitted under Section 3.52.636 or Section 3.52.638), may prepay the assessment and remove the lien of the assessment by paying to the Treasurer all of the following:

1. The amount of any delinquent installments of principal and interest, together with penalties accrued to the date of prepayment;

2. The unpaid, nondelinquent principal of the assessment, including principal posted to the tax roll for the current fiscal year but not yet paid;

3. An allowance for redemption premium, calculated by multiplying the amount of the unmatured principal by the redemption premium percentage stated in the Bonds (unmatured principal excludes principal due during the fiscal year of prepayment);

4. A reasonable fee, fixed by the Treasurer, for the cost of administering the prepayment and the advance redemption of Bonds;

5. Interest accrued to the next call date of the Bonds (the next call date shall be the next Bond interest payment date which is not less than ninety (90) days after the date of prepayment), with credit given, or a refund provided, for installments of interest posted to the current tax roll and actually paid; and

6. If applicable, a credit for a portion of the amount, if any, in the reserve fund calculated pursuant to Section 3.52.717.

B. The Owner of assessed land, except land which has been ordered to judicial foreclosure pursuant to Section 3.52.636, may prepay the assessment in part and remove the lien of the assessment in part by paying to the Treasurer all of the following:

1. The amount of any delinquent installment of principal and interest, together with penalties accrued to the date of prepayment;

2. A portion of the unpaid, nondelinquent principal of the assessment in increments of five thousand dollars ($5,000.00);

3. An allowance for redemption premium, calculated by multiplying the amount of the unmatured principal being prepaid by the redemption premium percentage stated in the Bonds;

4. A reasonable fee, fixed by the Treasurer for the cost of administering the prepayment and the advance redemption of Bonds; and

5. Interest accrued to the next call date of the Bonds (the next call date is the next Bond interest payment date which is not less than ninety (90) days after the date of prepayment).

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon receiving a partial or full prepayment of an assessment, the Treasurer shall deposit it in an assessment prepayment subaccount of the Bond redemption fund. All prepayments may be commingled in a single account. From the account the Treasurer shall make disbursements as follows:

A. The administrative fee shall be deposited in the General Fund of the City.

B. Delinquent assessment installments shall be transferred to the redemption fund for the Bonds. If a special reserve fund has been established and is then being maintained under the resolution authorizing the issuance of the Bonds and has been depleted on account of the delinquencies, the delinquent amounts shall be transferred instead to the special reserve fund.

C. The installment of principal due in the fiscal year of prepayment shall be transferred to the redemption fund for the Bonds.

D. Interest accrued to the next call date shall be transferred to the redemption fund for the Bonds.

E. Penalties, and interest above the interest rate on the Bonds shall be promptly disbursed: (i) if a special reserve fund is then maintained under the resolution authorizing the issuance of the Bonds, as provided in Subsection 3.52.622.B above in the same manner as for delinquent assessment installments; or (ii) if no such reserve fund is maintained, to the registered Owner of the Bonds.

F. The balance in the assessment prepayment account shall be used to advance the maturity of Bonds to the next call date as provided in Subdivision 3. The amount of Bonds to be retired shall be the maximum for which principal and redemption premium, if applicable, may be paid in full from the prepayment account. Accrued interest on Bonds to be retired shall be paid from the redemption fund.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. Any interested Owner, any Owner of Bonds or the City, shall have the right to tender to the Treasurer in payment or part payment of any assessment installment or interest or penalties thereon which may be due or payable, any Bond which was sold and delivered upon the assessments, the said Bond to be taken at par and credit to be given for the accrued interest shown thereby computed to date of such tender. The Treasurer shall thereupon cancel such Bond and shall cause proper credit therefor to be entered on the records of such assessment in the office of the Auditor and Tax Collector.

B. If the highest bid for a lot or parcel sold pursuant to a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000.00) and the highest bidder elects to treat the sale as a credit transaction pursuant to Code of Civil Procedure Section 701.590(c), the balance due as provided in that Section may be paid in full or in part by tender of Bonds; provided, however, that the highest bidder must tender cash, certified checks or cashier's checks (and not Bonds) with its bid for costs of foreclosure (including attorney fees) and administrative charges incurred by the City with respect to removing the assessments from the rolls of the City or the County Treasurer Tax-Collector, any other administrative charges, and any amounts described in Subsections 3.52.638.B.3 and 4 or Subsections 3.52.638.C.1, 2, 3 and 4.

Tender of Bonds shall be made to the Treasurer within seven (7) days of the date of the sale. Tender of cash or certified check or cashier's check for the balance of the sale price also shall be made to the levying officer within seven (7) days of the date of the sale. The Treasurer shall be charged with authenticating such tender and shall, within ten (10) days of the date of the sale, submit a written receipt to the levying officer who conducted the sale for the amount of the Bond tender accepted. The levying officer shall total the cash, certified checks and cashier's checks and any Treasurer's written receipt(s) for tendered Bonds to determine if the amount of the bid, plus accruing costs and interests, has been paid. If for any reason Bonds and/or the balance of the sale price are not tendered within seven (7) days of the date of sale (as required by the first two (2) sentences of this paragraph), the bidder shall forfeit any amounts accompanying its bid (as described in the last sentence of the preceding paragraph), with the amounts so forfeited to be used to pay administrative costs and expenses of the foreclosure sale, foreclosure attorney fees and any other administrative expenses, with the balance to be remitted to the City for deposit in the City General Fund.

C. The Treasurer is hereby authorized to establish procedures for the administration of this Section 3.52.623, which may contain limitations on, among other matters, the dates on which tenders may be made and the manner in which credit for Bonds tendered will be applied.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the first assessment or the sale of Bonds to represent assessments levied pursuant to this Subdivision fails to raise sufficient money to pay all costs, damages and expenses of the Improvements, including any judgments rendered in the action and proceedings mentioned in this Subdivision and the costs and expenses thereof, the City Council may pay the deficit out of the General Fund, or may order a supplemental assessment to pay the deficit.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The supplemental assessment shall be made and collected in the same manner, as nearly as possible, as the initial assessment. Subsequent supplemental assessments may be made, if necessary, to pay for the Improvements. At the hearing the City Council may confirm, modify or correct the supplemental assessment. The decision of the City Council thereon is final.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If there is no supplemental assessment, the entire amount of any surplus in any account of the Improvement Fund shall be applied as a credit to the assessment payable by the Owner or Owners of the parcel or parcels for which the Improvement was constructed and/or acquired or, as an alternative, may be used to call outstanding Bonds, to repay any advances or loans by the City to the Assessment District or in respect of any Bonds (including, but not limited to, under Sections 3.52.584 or 3.52.635), or pay any costs of the City incurred in the administration of the Assessment District that have not theretofore been reimbursed to the City, as the City Council or the City Treasurer may determine. If any supplemental assessment has been levied, any portion of the surplus shall be applied as a credit to the assessment or supplemental assessment, or both, or, as an alternative, may be used to call outstanding Bonds, to repay any advances or loans by the City to the Assessment District or in respect of any Bonds (including, but not limited to, under Sections 3.52.584 or 3.52.635), or pay any costs of the City incurred in the administration of the Assessment District that have not theretofore been reimbursed to the City, as the City Council or the City Treasurer may determine. The amount, if any, apportioned to each such parcel shall be credited against the next installment or installments unpaid upon it.

Any Bonds called pursuant to this Section shall be selected in accordance with Section 3.52.700.

There shall be transferred to the General Fund of the City any portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two (2) years after the due date of the last installment of principal of the Bonds.

If any work to be performed as part of the Improvements is deleted or abandoned, the surplus in the account of the Improvement Fund with respect to such Improvement resulting from the deletion or abandonment, as applicable, of such work may be returned to the Owner or Owners of that parcel or parcels, in the manner provided above as a credit against such Owners' assessment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council shall possess all powers necessary for, incidental to, or convenient for, the collection, enforcement, administration or distribution of the assessment in accordance with its Charter and California law.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon default in the payment of any installment of principal or interest on any assessment or reassessment, the lands securing such installments and assessments shall be sold, except as otherwise permitted under this Division, in the same manner in which real property in the City is sold for the nonpayment of general ad valorem taxes, but there shall be no specific right of redemption even though there may be such a right in connection with real property in the City that is sold for the nonpayment of ad valorem taxes. Any right of redemption shall only be as expressly provided in the assessment proceedings or as required by law.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If any parcel of land is sold for the nonpayment of taxes and of any installment of any assessment thereon, or of the penalties, interest or costs on the same, or for the nonpayment of any installment of the assessment or of the penalties, interest or costs on the same, any certificate of such sale and deed issued pursuant thereto is primary evidence of the regularity of all proceedings had prior thereto, and shall be conclusive evidence of all things of which Bonds issued upon the security thereof are conclusive evidence, and prima facie evidence of the regularity of all proceedings subsequent to the issuance of the Bonds, and such deed conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, except the lien for other State, County and City taxes and unpaid installments, interest and penalties under the same proceeding and except all public improvement assessments which may have priority thereover.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. The City may be the purchaser: (1) at any delinquency sale in the same manner in which it becomes or may become the purchaser of property sold for nonpayment of general ad valorem taxes, or (2) at a foreclosure sale as otherwise permitted under Section 3.52.638. If the City becomes the purchaser it may credit bid the amount of the delinquent assessment and of the delinquent interest for which the property is sold, without any requirement for then payment of the delinquent amount or any requirement for payment or transfer into the redemption fund.

B. If the City takes title to a lot or parcel in its own name or on behalf of the Owners of the Assessment District Bonds, the City:

1. Shall not be required to pay any assessment installments while it is the Owner although the installments shall continue to be levied.

2. Shall not be liable for injury or damages arising out of or related to its ownership or operation of the property, whether the injury or damage arises out of an act or omission of the City or any other person unless the injury or damages arise out of the sole active negligence of the City. Under no circumstances shall the City be liable for exemplary, punitive, or emotional distress damages.

3. Shall not be liable for any costs associated with environmental hazards or cleanup.

C. Bondholders on whose behalf the City holds title to a lot or parcel pursuant to Section 3.52.638 shall not be parties to any lawsuit, claim, or action related to the property and shall not be liable for any injury or damages arising out of or related to the property.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Nothing in this Chapter shall be deemed to prohibit the City from assigning rights granted to it under this Chapter to a third party.

(Ord. C-7480 § 1, 1997)

Except as otherwise may be reduced under the provisions of Subsections 3.52.636.D, 3.52.640.B and/or Section 3.52.643, the purchaser (other than the City), at the Tax Collector's sale, or at a resale by the City if the City has become the purchaser, or at a foreclosure sale by order of the court, shall take the property subject to all unpaid installments of principal or interest on any assessment or reassessment, interest and penalties, costs, fees and other charges under the same proceeding which are not satisfied by application of the sales proceeds, and subject to all public improvement assessments which may have priority thereover.

(Ord. C-7480 § 1 1997: Ord. C-6723 § 1 (part), 1990)

The City shall have the right to advance and pay any other taxes wherever necessary to protect its interest in property against which there is a delinquent assessment. It may also at its discretion temporarily transfer moneys into the redemption fund from other funds in which such moneys are not immediately needed. If the City has determined to obligate itself to use available funds to cure any deficiency in the redemption fund pursuant to Subsection 3.52.659.C, it shall temporarily transfer available funds to the redemption fund upon determining that a deficiency exists. The moneys so transferred to be used to pay sums due from the redemption fund and to be retransferred therefrom out of the first available receipts.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. As a cumulative remedy, if any assessment or reassessment or installment thereof, or of any interest thereon, together with any penalties, costs, fees and other charges accruing under applicable taxation provisions are not paid when due, the City Council may order that the same be collected by an action brought in the superior court to foreclose the lien thereof as provided by this Chapter.

B. The City Council may, by resolution adopted prior to issuance of Bonds under Subdivision 3, covenant for the benefit of Bondholders to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessments or reassessments which secure the Bonds that are to be issued. The resolution may specify a deadline for commencement of the foreclosure action and such other terms and conditions as the City Council may determine to be reasonable regarding the foreclosure action.

C. Except as may be reduced under the provisions of Subsection 3.52.636.D below, Subsection 3.52.640.B and/or Section 3.52.643, all installments, interest, penalties, costs, fees and other charges that are delinquent at the time of the ordering of a foreclosure action shall be collected in the action. In the event that a lot or parcel of property has not been sold pursuant to judgment in the foreclosure action at the time that subsequent installments and interest became delinquent, the court may include the subsequent installments, interest, penalties, costs, fees and other charges in the judgment or modified judgment.

D. Notwithstanding the previous provisions of this Section 3.52.636, the Treasurer may, before or after judgment or sale, waive delinquency penalties and redemption penalties if: (i) the waivers apply only to delinquent parcels, and (ii) the waivers are available only with respect to parcels for which all past due and currently due assessments and all other costs due are paid in full within a limited period of time specified by the Treasurer.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Costs in the action shall be fixed and allowed by the court and shall include a reasonable Attorney's fee, interest, penalties and other charges or advances authorized by this Subdivision, and when so fixed and allowed by the court the costs shall be included in the judgment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. The court shall have the power to adjudge and decree a lien against the parcel of land covered by the assessment or reassessment for the amount of the judgment and to order the premises to be sold on execution as in other cases of the sale of real property by the process of the court except:

1. The minimum bid amount provided in Section 3.52.636 shall apply instead of subdivision (a) of Section 701.620 of the Code of Civil Procedure.

2. The City may bid at the price provided in Section 3.52.636 by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judgment. If the City becomes the purchaser pursuant to bid, the provisions of Section 3.52.630 shall apply. The provisions of Section 3.52.634 shall apply to any subsequent sale by the City of the parcel.

3. Notwithstanding subdivision (c) of Section 701.620 of the Code of Civil Procedure, if the minimum price required to be paid for a lot or parcel pursuant to Section 3.52.636 is not obtained at a foreclosure sale, upon written request of the Treasurer, the levying officer shall retain the writ of sale and, provided that the writ of sale has not been returned to the court pursuant to paragraph (1) of subdivision (a) of Section 699.560 of the Code of Civil Procedure, may publish notice of sale pursuant to Section 701.540 of the Code of Civil Procedure without relevying on the property.

4. Notwithstanding subdivision (c) of Section 701.620 of the Code of Civil Procedure, if the minimum price required to be paid for a lot or parcel pursuant to Section 3.52.636 is not obtained at a foreclosure sale, the Treasurer may, in his sole discretion, make a written request to the levying officer conducting the sale to execute and deliver a deed of sale to the City or a nominee designated by the City, who shall take title to the lot or parcel on behalf of the Owners of the Bonds on whose behalf the suit was filed. Upon receiving the request and provided that the writ of sale had not been returned to the court pursuant to paragraph (1) of subdivision (a) of Section 699.560 of the Code of Civil Procedure, the levying officer shall execute and deliver the deed which shall satisfy the judgment and levy as to the lot or parcel so deeded. Receipt of a deed pursuant to this Subsection shall not be deemed a credit bid purchase pursuant to Subsection 3.52.638.C below.

B. Unless one (1) or more of the following amounts are otherwise reduced under the provisions of Subsections 3.52.636.D, 3.52.640.B and/or Section 3.52.643, the lot or parcel may not be sold unless the amount to be paid pursuant to the bid (including by tender of Bonds as described in Subsection 3.52.623.B) equals or exceeds the sum of all of the following amounts:

1. The amount of the judgment with costs and interest thereon.

2. Costs and interest on the judgment accruing after issuance of the writ pursuant to which the sale is conducted.

3. The levying officer's costs.

4. Any other amounts which are required by law to be bid in order that the lot or parcel may be sold.

C. The City may bid at the price provided for in Subsection 3.52.638.B by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judgment (or by means of tendering Bonds as described in Subsection 3.52.623.B), except that the City shall pay all of the following amounts in cash or by certified cashier's check:

1. The levying officer's costs remaining unsatisfied.

2. The amount of any preferred labor claims.

3. Exempt proceeds.

4. Any other claim that is required by law to be satisfied.

D. If the City becomes the purchaser pursuant to bid as provided for in Subsection 3.52.638.C and the City subsequently sells the property, the City shall distribute the proceeds of the sale in the following order of priority: (1) to pay costs and administrative expenses of the foreclosure sale (including attorney fees), (2) to reimburse the City for any amounts advanced by the City or costs incurred by the City in connection with the foreclosure sale, (3) to the redemption fund, to the extent of any delinquent assessments, and (4) the remainder to be paid to the Owners of the Bonds to which the assessments pertain. From the amount that the City is required to pay into the redemption fund, the City shall reimburse the special reserve fund, if any is then maintained under the resolution authorizing the issuance of Bonds pertaining to the related assessments, the amount, if any, of funds advanced from the special reserve fund to the redemption fund to cover delinquent installments of the assessment or reassessment and interest with respect to the lot or parcel of property which is sold. To the extent that the City has advanced funds other than, or in addition to, funds from a special reserve fund and the funds are included in the sale proceeds, the obligation of the City to remit amounts to the Bond Owners is reduced by a corresponding amount and said amount shall be transferred to the General Fund of the City.

E. Notwithstanding Subsection 3.52.638.D, the City is not required to pay into the redemption fund any amount that exceeds in the aggregate the sum of all of the following:

1. The amount required to bring current delinquent installments of the assessment or reassessment and interest with respect to which the lot or parcel of property is sold.

2. Simple interest on all the amounts from the dates of delinquencies until the date of sale, at the rate or rates of the Bonds.

F. If the lot or parcel of property is sold at the execution sale to a purchaser other than the City, the City shall pay the sale proceeds that it receives, up to the amount described in Subsection 3.52.638.E above, into the redemption fund. From the amount that the City is required to pay into the redemption fund, the City shall reimburse the special reserve fund, if any is then maintained under the resolution authorizing the issuance of Bonds pertaining to the related assessments, the amount, if any, of funds advanced from the special reserve fund to the redemption fund to cover delinquent installments of the assessment or reassessment and interest with respect to the lot or parcel of property which is sold. If the special reserve fund, if any, is thereby reimbursed, the City may reimburse other funds advanced by the City to cover delinquent installments and interest. If not needed for such reimbursement, the City shall remit to the Owners of the Bonds any remaining interest and penalties to the extent that they are included in the sale proceeds received.

G. Notwithstanding Subsection 3.52.638.D, Attorney fees and costs awarded by the judgment and postjudgment interest are not required to be paid into the redemption fund or to be remitted to Bond Owners.

H. The foreclosure action shall be governed and regulated by this Subdivision and where not in conflict with this Subdivision, by the applicable laws of the State.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

When any foreclosure actions are ordered, or when subsequent installments and interest that are also to be made the subject of a foreclosure action thereafter become delinquent, the Tax Collector shall be credited upon the assessment roll then in his or her hands with the amount charged against him or her on account of the assessments or reassessments to be sued on and he or she shall be relieved of further duty in regard thereto. The Tax Collector, in addition to the costs recovered in foreclosure, may charge the actual costs incurred in removing these sums from the tax roll.

Thereafter, the assessment or reassessment or installment thereof or interest thereon, and the penalties, costs, fees and other charges accrued under applicable taxable provisions, that are ordered or are otherwise to be collected in a foreclosure action, shall no longer be collectible by the Tax Collector, but shall be collectible in the manner and to the extent provided by this Subdivision. Installments, interest, penalties, costs, fees and other charges that do not become the subject of a foreclosure action shall remain collectible by the Tax Collector as otherwise provided by applicable law, subject to reduction pursuant to Subsection 3.52.640.B and Section 3.52.643 hereof.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. At any time after the Tax Collector has been relieved of further duty with regard to amounts charged against him or her on account of the assessments or reassessments described by Section 3.52.639 and prior to a judgment of foreclosure, the City shall dismiss the foreclosure action upon payment of the sum of all of the following amounts:

1. The amount of any delinquent installments of principal or interest of the assessment or reassessment, together with interest and penalties, costs, fees and other charges accrued thereon to the same extent that they accrue against real property for nonpayment of general property taxes (and are not otherwise reduced under the provisions of Subsections 3.52.636.D, 3.52.640.B and/or Section 3.52.643), to the date of payment.

2. Costs of suit, including, but not limited to, service and recording fees and the costs of abstract or report of search of, or litigation guaranty with respect to, all claims of interest in the land.

3. Attorney fees authorized by the City.

4. The Tax Collector's costs authorized by Section 3.52.638.

B. The City may, subject to the provisions set forth below, declare a "delinquent assessment amnesty program". Such program may be declared by the City Council if the total dollar amount of assessment delinquencies (not including delinquency penalties and redemption penalties) in the Assessment District have been equal to or greater than ten percent (10%) of the total assessment levy in each of the two (2) most recent calendar years. Such delinquent assessment amnesty program shall begin and end on a date certain and shall not extend for a period of more than sixty (60) days. Notice of the delinquent assessment amnesty program shall be mailed to all property owners in the Assessment District at their address as it appears on the last secured roll at least thirty (30) days prior to the amnesty deadline, and shall contain at a minimum: (i) the name and phone number of the person representing the Assessment District who may be contacted to determine the amount due on any parcel if paid in accordance with the program; (ii) the method and place of payment; (iii) the deadline for the program and for making such payment; (iv) a statement in bold that the program expires on the payment deadline date and there will be no additional programs absent the authorization of the City Council; and (v) the percentage or maximum amount of penalties and interest that will be waived on any parcel. The delinquent assessment amnesty program shall provide that upon payment of: (i) all past due assessments, (ii) administrative costs (including costs to remove the assessments from the tax rolls, regular administrative costs, and fees associated with establishing and administering the assessment amnesty program), and (iii) fees and expenses of any foreclosure and sale proceedings (including the fees and expenses of foreclosure counsel) by the stated deadline, the Assessment District will waive some or all of the delinquency penalties and redemption penalties incurred with respect to such assessments. The percentage or maximum amount of penalties and interest waived shall be in the City Council's discretion.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The foreclosure action shall be brought in the name of the City, and may be brought at any time prior to the expiration of four (4) years subsequent to the last maturity of the principal of Bonds secured by the assessment or reassessment. The complaint may be brief and include substantially only the following allegations with reference to the assessment or reassessment sought to be collected:

A. That, on a date stated, the City Council passed its resolution ordering certain Improvements to be done, without describing the same.

B. That the Improvements were done pursuant to the resolution.

C. That an assessment to pay the cost of the Improvements was duly made and was authorized to be collected, but remained unpaid on a stated date.

D. That certain property (describing it) was therein assessed or reassessed a stated amount and that Bonds upon the security of the assessment or reassessment were duly issued under Subdivision 3, identifying by name the applicable issue of the Bonds, but it is not necessary to state the amount, number, denomination or other terms of the Bonds.

E. That, on a date stated, a certain sum came due against the described property on the assessment and had not been paid and that the City Council had ordered the action to foreclose.

No affirmative defenses shall be allowed by the Court in any foreclosure action, but this prohibition shall not prevent any claims being raised in a separate action for monetary damages or other relief unrelated to the foreclosure action.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The amount of penalties, costs and interest due shall be calculated up to the date of the judgment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A. In the event a lot or parcel of property fails to sell for the minimum price required by Section 3.52.636, the City may petition the court to modify its judgment and authorize the property to be sold at a lesser minimum price or without a minimum price. Notwithstanding the following provisions of this Section 3.52.643, the court shall modify its judgment and authorize the property to be sold at a lesser or no minimum price, without any notice or hearing, if the petition is accompanied by the written consents of the Owners of all of the Bonds outstanding.

B. Written notice of hearing on the petition under Subsection 3.52.643.A, unless otherwise not required by reason of the second sentence of Subsection 3.52.643.A, shall be given by certified or registered mail to all registered Owners of any outstanding Bonds secured, in whole or in part, by the delinquent assessment or reassessment, and to any paying, fiscal or other agents of the City appointed with respect to any of the Bonds. If any of the outstanding Bonds are payable to bearer and not registered to other than bearer, notice of the hearing, unless otherwise not required by reason of the second sentence of Subsection 3.52.643.A, shall also be given by publication at least once in a financial publication with national circulation and additionally as the court shall reasonably require. The hearing shall be held not earlier than ten (10) days after the notice is given.

C. The court may, after a hearing held pursuant to notice as provided for by Subsection 3.52.643.B, modify the judgment and authorize the property to be sold at a lesser minimum price or without a minimum price, if the court determines, based on the evidence introduced at the hearing, any of the following:

1. Sale at the lesser minimum price or without a minimum price will not result in an ultimate loss to the Bondholders.

2. Owners or holders of seventy-five percent (75%) or more of the outstanding Bonds, by principal amount, have consented to the petition and the sale will not result in an ultimate loss to the nonconsenting Bondholders.

3. Owners or holders of seventy-five percent (75%) or more of the outstanding Bonds, by principal amount, have consented to the petition and all of the following apply:

a. By reason of determination pursuant to Subsection 3.52.659.C, the City is not obligated to advance available funds to cure a deficiency.

b. No bids equal to or greater than the minimum price have been received at the foreclosure sale.

c. No funds remain in the special reserve fund, if any.

d. The City has reasonably determined that a reassessment and refunding proceeding is not practicable, or has in good faith endeavored to accomplish a reassessment and refunding and has not been successful, or has completed reassessment and refunding arrangements which will, to the maximum extent feasible, minimize the ultimate loss to the Bondholders.

e. No other remedy acceptable to Owners or holders of seventy-five percent (75%) or more of the outstanding Bonds, by principal amount, is reasonably available.

4. Owners or holders of one hundred percent (100%) of the outstanding Bonds have consented to the petition.

Notwithstanding the foregoing, the court may take action to modify the judgment without any hearing, as permitted by the second sentence of Subsection 3.52.643.A at the written request of the City accompanied by the written consents of the Owners of all of the Bonds outstanding.

D. The assessment or reassessment lien upon property sold pursuant to this Section at a lesser price than the minimum price shall be reduced by the difference between the minimum price and the sale price.

E. The court shall permit participation by the Bondholders in its consideration of the petition as necessary to its determinations.

F. None of: (1) the property owner, (2) the holder of a security interest in the property, (3) any other defendant in the foreclosure action, (4) any agent, of any entity described in the foregoing clauses (1), (2) and (3), (5) any person or entity (including but not limited to spouses, minor children and relatives) who, with any such property owner, holder of security interest, defendant in the foreclosure action or agent (a) is a member of a partnership, limited liability company or controlled group of corporations (as defined in Section 1563(a) of the Internal Revenue Code, except that "more than 10 percent" shall be substituted for "at least 80 percent" each place it appears therein) and/or (b) would result in a disallowance of losses under Section 267 or 707(b) of the Internal Revenue Code, may purchase the property at the foreclosure sale for less than the minimum price determined pursuant to Section 3.52.638. Each purchaser at less than the minimum price shall certify in writing under penalty or perjury to the levying officer at the sale the purchaser's compliance with the requirements of this Subdivision.

G. The court may make provisions for the payment of attorney fees and costs incurred in proceedings pursuant to this Section as the court deems proper, and need not require that the fees and costs be paid out of the proceeds of any sale authorized pursuant to this Section.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In the event Bonds are ordered to be issued, the unpaid assessments, as shown on the list filed by the Assessment Engineer, and any reassessments which may be issued thereon or in lieu thereof, together with interest thereon shall remain and constitute a trust fund for the redemption and payment of the principal of the Bonds and for the interest which may be due thereon.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

From the date of the recordation pursuant to Sections 3114 and 3115 of the Streets and Highways Code, each assessment and reassessment and each installment thereof and the interest and penalties thereon under this Subdivision is a lien upon the land upon which they are levied. Pursuant to Article 13 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, the lien of said assessments shall be coequal to and independent of the lien for general taxes, and, except as provided in Section 53936 of the Government Code, not subject to extinguishment by the sale of the property on account of the nonpayment of any taxes, and prior and superior to all liens, claims and encumbrances except: (a) the lien for general taxes or ad valorem assessments in the nature of and collected as taxes levied by the State or any County, City, special district or other local agency; (b) the lien of any special assessment or assessments the lien date of which is prior in time to the lien date of the assessment for which the deed is issued; (c) easements constituting servitudes upon or burdens to said lands; (d) water rights, the record title to which is held separately from the title to said lands; and (e) restrictions of record. Unless sooner discharged, the lien continues for a period of ten (10) years from the date of recordation or, if Bonds are issued to represent the assessments, until the expiration of four (4) years after the due date of the Bonds. All persons have constructive notice of this lien from the date of the recordation.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The lien of a reassessment or a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is a new assessment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Unmatured installments, interest and penalties secured by any such lien or liens shall not be deemed to be within the terms of any general warranty of title.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If any assessment heretofore or hereafter issued is void or unenforceable, for any cause, or if Bonds are issued to represent or be secured by any assessments and such issuance is not effective through the curative provisions in relation thereto under the law pursuant to which the Improvements were authorized or under this Division to make them valid and enforceable, then a reassessment may be made. The reassessment shall be made upon the demand of the Owner or holder of Bonds aggregating one-third (⅓) of the principal amount outstanding, or upon order of the City Council, and shall be made in the manner and form provided by the law pursuant to which the Improvements were authorized, if any such valid procedure is provided, and otherwise as provided by Sections 5500 through 5510 of Chapter 19, Part 3, Division 7 (Improvement Act of 1911) of the Streets and Highways Code.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

When made, the reassessment shall constitute a trust fund for the redemption and payment of the original Bonds issued against the original assessment; or the City Council may call in the original issue of Bonds outstanding and issue new Bonds upon the security of the reassessment in lieu thereof. If the City Council determines that new Bonds shall be issued upon the security of the reassessment, the notice of hearing upon the reassessment shall contain a declaration of intention to issue Bonds substantially in the form provided for in Section 3.52.663. Upon confirmation of the reassessment the City Council may issue the new Bonds after the same notice and hearing as is required for the original issuance of Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the City Council calls in the original issue of outstanding Bonds, the City Council may direct the Treasurer to, and the Treasurer shall thereupon, advance the maturity of the outstanding Bonds bearing interest in the manner provided in Subdivision 3, notwithstanding the fact that there may not be surplus moneys in the redemption fund with which to pay the same. New Bonds shall be issued in an aggregate amount equal to the total balance of the reassessment unpaid and shall bear interest from the date of recordation of the reassessment at the rate fixed by the City Council.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Except as otherwise provided in the Resolution of Intention, upon the surrender of the outstanding Bonds, the new Bonds shall be issued ratably to the holders of the original outstanding Bonds. Each holder of such original Bonds shall be entitled to such proportion of the new Bonds as the total amount of the principal and interest due him on his original Bonds, upon the date of the recordation of the reassessment, bears to the total amount of the principal of the new Bonds. In making distribution, the City Council may assign the different Bonds and allot maturities in such manner as to it shall seem equitable.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If any lot or parcel of land upon which there is an unpaid assessment is divided, including a division into condominium interests as defined in Section 783 of the Civil Code, or the ownership of a portion of such lot or parcel of land is transferred to another person, the City Council may order the Assessment Engineer to file with the City Clerk an amended assessment of the original parcel of land affected by such division or transfer of ownership, segregating and apportioning the unpaid installments of the original assessment in accordance with the benefits to the several parts of the original parcel plus costs and fees of making the apportionment. The City Council shall, at the time of ordering the amended assessment, fix the amount of costs and fees for preparing the amended assessment, the notices and the amended assessment diagram.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Assessment Engineer shall file with the City Clerk a report and an amended assessment of the parcels of land described in the order of the City Council, together with a map or plat showing how such lots or parcels have been divided. The total amount of the assessments of the several portions of any one (1) original parcel shall be equal to the unpaid assessments upon the original parcel of land, plus the costs and fees for making the amended assessment, the notices and the amended assessment diagram as determined by the City Council under Section 3.52.652. The Assessment Engineer shall apportion the costs and fees to the respective parcels in proportion to the amount of the divided assessments against the parcels. Prior to making a division and prior to making the amended assessment, the Assessment Engineer shall notify the Owner of the original parcel assessed, as the name of the Owner appears on the last equalized roll for taxes, or as it is known to the Assessment Engineer, of the order of the City Council fixing the costs and fees of the apportionment, and directing that the payment thereof be made to the Assessment Engineer within fifteen (15) days of the notification. In the event the amount of the costs and fees of the apportionment is not paid within fifteen (15) days of the notification, the Assessment Engineer shall proceed to prepare the amended assessment and shall show separately thereon, but as a part of the total, the amount of costs and fees chargeable to each divided parcel. The Assessment Engineer shall deposit all such costs and fees in the General Fund of the City.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon the filing of the Assessment Engineer's report and amended assessment, the City Clerk shall fix a time and place for a hearing upon the amended assessment and shall give notice of the hearing by publication. The notice shall contain a statement of the time fixed for the hearing upon the amended assessment and any objections thereto, which time shall not be less than fifteen (15) days from the first publication of the notice. The notice shall contain a reference to the original assessment and to the improvement proceedings, and shall refer to the report and map or plat of the amended assessment for particulars and no other description of the lots or parcels of land affected thereby shall be necessary.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

All persons interested in the original assessment, or in the lands affected thereby or in the Bonds secured thereby, may, at the time of the hearing or at the time to which the hearing may be continued, appear and protest against the amended assessment. At the hearing the City Council shall hear and determine all objections to the division of the assessments and shall confirm or modify the same. All determinations and decisions of the City Council shall be conclusive upon all persons entitled to object under the provisions of this Section. Final action of the City Council upon the report and amended assessment shall be taken on or before the fifteenth (15th) day of July of any year.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Clerk shall file the amended assessment as confirmed or modified by the City Council with the Auditor, who shall annually thereafter enter upon the assessment roll the installments becoming due on each component part of the original parcel opposite a description of the respective parcels so assessed. The amount charged for fees and costs as shown on the amended assessment as to each parcel shall be entered upon the assessment roll and shall be collected along with the first installment of the amended assessment. The Assessment Engineer shall deposit all such costs and fees in the General Fund of the City.

The amended assessment shall be accompanied by an amended map or plat prepared pursuant to Section 3.52.653. Such amended map or plat shall be designated "amended assessment diagram amending Assessment No. _______, Assessment District _______, State of California". The amended map or plat shall substantially conform to the requirements and specifications provided for in Section 3114 of the Streets and Highways Code, and shall be filed by the City Clerk in the office of the County Recorder of the County. The County Recorder may charge an appropriate fee for the expense incurred in filing the amended map or plat. The map or plat shall be cross-indexed by the Recorder to the original assessment diagram which it amends.

The amended map or plat shall include on its face that it amends the assessment diagram for Assessment District No. _______, City of Long Beach, County of Los Angeles, State of California prior recorded at Book _______ of Maps of Assessment Districts at page _____, in the office of the County Recorder for the County of Los Angeles, State of California.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

This Subdivision provides a system for the issuance of Bonds to represent and be secured by the assessments made to pay the costs and expenses of the Improvements and the provisions of this Subdivision shall not apply to or affect any other provisions of law. When any proceedings for the issuance of Bonds are commenced under this Subdivision, the provisions of this Subdivision and no other shall apply to such proceedings.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council, exercising the powers reserved to the City under the Constitution of the State of California and its powers under the provisions of the Charter of the City, may determine that Bonds shall be issued as provided in this Subdivision to represent and be secured by the assessments levied pursuant to Subdivision 2. Such Bonds may be serial or term Bonds, or both, and shall be issued and sold to assist in the financing of the Improvements. The City Council may not issue Bonds secured by assessments levied pursuant to Subsection 3.52.600.B to pay administrative costs.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the City Council determines that Bonds shall be issued as provided in this Subdivision to represent the expense of any proposed Improvement, it shall, in the Resolution of Intention to authorize the Improvements as contemplated in Section 3.52.579, do all of the following:

A. Declare that serial and/or term Bonds shall be issued pursuant to this Subdivision to represent the expenses of the proposed Improvements.

B. Specify the rate (whether variable or fixed) and the maximum rate of interest which the Bonds shall bear.

C. State the determination of the City as to whether the City will obligate itself to advance available funds from the City Treasury to cure any deficiency which may occur in the funds and accounts established for the payment of the Bonds. The determination made pursuant to this Section shall be clearly stated in the text of the Bonds issued pursuant to this Subdivision, and the title of the Bonds shall include the words "Limited Obligation Improvement" in the event that the City Council determines that the City will not be obligated to cure any deficiency in the funds and accounts established for the payment of the Bonds. A determination not to obligate itself, however, shall not prevent the City from, in its sole discretion, advancing such funds.

D. State, if applicable, that the Bonds issued pursuant to this Subdivision may be refunded under certain conditions and include specific conditions under which the Bonds may be refunded, including the maximum interest rate and the maximum number of years to maturity of the refunding Bonds. Also include a statement that any adjustment to assessments resulting from the refunding will be done on a pro rata basis.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may determine that Bonds issued pursuant to this Subdivision shall not be subject to refunding pursuant to the procedures of Section 3.52.661 hereof until a specific date which shall not be more than ten (10) years after the issuance date of the Bond. This determination, however, shall not apply to, or in any manner limit: (i) advancement of the maturity of any Bond or Bonds pursuant to the procedures under Subdivision 2 or Subdivision 3, or (ii) the redemption and payment of any Bonds pursuant to subsequent assessment proceedings which provide for the payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Any refunding of the Bonds shall be accomplished pursuant to the procedures of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that if, following the filing of the report specified in Section 9523 of the Streets and Highways Code and any subsequent modifications of the report, the City Council finds that each of the conditions specified in the Resolution of Intention is satisfied and that the adjustments to assessments are on a pro rata basis, the City Council may approve and confirm the report and may, without further proceedings, authorize, issue and sell the refunding Bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

A description of the Bonds specifying the information required pursuant to Section 3.52.659 shall be inserted in the assessment prepared by the Assessment Engineer.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bond declaration in the Resolution of Intention, assessment and notice of recording the assessment may be substantially in the following form:

"Notice is hereby given that Bonds to represent unpaid assessments, and to bear interest at a rate not to exceed the maximum rate permitted by law, will be issued hereunder in the manner provided by Subdivision 3 of Division VI of the Long Beach Municipal Code, Chapter 3.52, and such Bonds shall mature not later than 39 years from the second day of September next succeeding 12 months from the original issuance date of such Bonds."

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

After confirmation of the assessment levied by the City Council for any Improvement and after thirty (30) days from the date of recording the assessment in the office of the Assessment Engineer, the Assessment Engineer shall make and file with the Treasurer a complete list of all such unpaid assessments.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Treasurer shall determine the aggregate amount of such assessments and shall provide for the issuance of Bonds in such amounts and at such times as determined in accordance with the provisions of the trust indenture or resolution to be executed in connection with the issuance of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bonds shall be sold at private sale, in such manner and place or places, either within or without the United States, and at such price or prices, above or below par, as the City Council shall determine by resolution.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The estimated cost of Incidental Expenses of the Improvements shall be included in the assessments.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If Bonds cannot be issued upon the security of any particular unpaid assessments because of a restraining order, injunction or other cause not applicable to other unpaid assessments, the issuance of Bonds upon the security of the assessments not affected by such restraining order, injunction or other cause, shall not be delayed, and such Bonds may be issued in advance of the issuance of the Bonds so affected.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bonds shall be in such denominations, in such form, and payable at such time or times, in lawful money of the United States of America, and at such interest rate or rates, either fixed or variable, as the City Council shall determine by resolution.

The Bonds shall bear interest from the date of the Bonds on all sums unpaid, until the whole of the principal sum and interest are paid.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council shall fix the date of the Bonds. The City Council may divide the principal amount of any issue into two (2) or more divisions and fix different dates for the payment of Bonds of each division. The Bonds of one (1) division may be made payable at different times than Bonds of any other division.

The City Council, in its discretion, may determine in like manner to classify assessments into different terms of maturity so that smaller assessments may be made to mature over a shorter period of time and, in that event, the Bond declaration in the Resolution of Intention, or in the change proceedings taken under and in accordance with the provisions of the same subdivision under which the Resolution of Intention was adopted, in the assessment and in the notice of recording the assessment, may recite that the Bonds shall mature a maximum rather than an exact number of years.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

No Bond shall mature and be payable on a date which shall exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from its original issuance date.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Except as otherwise provided in the Resolution of Intention, each Bond, or any portion of the Bond in a fixed amount or any integral multiple of the fixed amount, shall be subject to redemption in advance of its maturity on any interest payment date upon payment to the registered owner of the principal and accrued interest to the date of redemption together with a redemption premium equal to five percent (5%) of the principal. Prior to the issuance of the Bonds, the City Council may reduce the redemption premium to an amount equal to not less than three percent (3%) of the principal for the first five (5) years of the term of the Bonds or eliminate the redemption premiums for redemptions occurring after the first five (5) years of the term of the Bonds, or both. Redemption premiums may also be eliminated by vote of the Bond Owners, as permitted under any amendment provisions of any resolution or indenture authorizing the issuance of Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bonds shall be signed by the Treasurer and the City Clerk. The City Council may by order authorize the use upon the Bonds of an engraved, printed or lithographed signature of the Treasurer and the City Clerk in place of a signature by hand. It may also authorize the seal to be placed in like manner on the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bonds, by their issuance, shall be conclusive evidence of the regularity of all proceedings had prior thereto under this Subdivision and under the law pursuant to which the Improvements were constructed.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

As an alternative to any other authority, the City Council may, at its discretion, issue Bonds bearing a variable interest rate pursuant to Subdivision 2 and Subdivision 3. This Subdivision does not alter or restrict authority to authorize assessment or issue Bonds pursuant to any other provision of Subdivision 2 and Subdivision 3 in any way. If the City Council in its discretion issues Bonds bearing a variable interest rate pursuant to this Subdivision, all provisions of this Subdivision shall apply to proceedings pursuant to this Subdivision, except as expressly provided in this Subdivision.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The unpaid assessments shall be payable in substantially the manner set forth in Section 3.52.613 of Subdivision 2, or in substantially the same manner, but at more frequent intervals, as provided by the City Council by resolution. The City Council may designate an official, including an official other than the County Tax Collector, or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than through the property tax collection procedure prescribed in Subdivision 2. The City Council may authorize an additional assessment to pay the costs of collection, not to exceed the percentages or amounts set forth in Section 3.52.615, and an additional amount to cover the costs of registration, not to exceed the percentages and amounts set forth in Section 3.52.616. The City Council may authorize an additional assessment to pay for incidental expenses of the financing. The assessments and the interest on the assessments for each pay period are payable at the end of the pay period and are delinquent thereafter, and shall bear the same proportionate penalties and interest after delinquency as the assessment installments in the subject proceedings.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Interest on all unpaid assessments shall run from the date of the Bonds, and shall be computed for each interest pay period at the date determined pursuant to the terms of the Bond for that interest pay period.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may, by resolution, specify that the interest rate on the Bonds may vary from time to time as determined by a Bond index or some other means prescribed in the resolution.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may, by resolution, specify terms and conditions under which the Bonds may be converted to a fixed interest rate.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may, by resolution, specify terms and conditions under which the City agrees to repurchase the Bonds. The City Council may secure a letter of credit or other instrument to secure payment or repurchase of any Bonds, and the resulting costs, including costs of initially securing, maintaining or making any payments arising from the exercise of a letter of credit or other instrument, may be treated as incidental expenses. The City Council may engage a remarketing agent and an indexing agent, subject to terms and conditions agreed to by the City Council, and the resulting costs may be treated as incidental expenses.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The notice of assessment recorded with the office of the County Recorder of the County pursuant to Section 3114 of the Streets and Highways Code shall include the following statement:

"Notice is further given that unpaid assessments are subject to interest at a variable interest rate."

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bonds and interest shall be paid at the office of the Treasurer, or of another paying agent, fiscal agent or trustee designated by the City Council.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Treasurer or designated paying agent shall keep a redemption fund designated by the name of the Bonds into which he or she shall place all sums received from the collection of the assessments made for the payment of the cost of the Improvements upon which the Bonds are issued and, subject to the provisions of Subdivision 2 and/or the resolution under which the Bonds are issued, of the interest and penalties thereon and from which fund he shall disburse and pay the Bonds and the interest due thereon. Alternatively, if the Treasurer collects the assessments, all such sums received may be forwarded to the paying agent designated by the City Council for paying Bonds and interest. Under no circumstances shall the Bonds or the interest thereon be paid out of any other fund.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Treasurer or designated paying agent shall keep a register in his or her office showing the series, if any, number, date, amount, rate of interest, and holder of each Bond. The Treasurer or agent shall cancel each Bond which he or she pays.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may, by resolution, borrow money in anticipation of the sale of Bonds which have been authorized pursuant to this Subdivision, but which have not been sold and delivered, issue negotiable Bond anticipation notes therefor, and renew the notes from time to time. The maximum maturity of any Bond anticipation note, including the renewals thereof, shall not exceed three (3) years from the date of delivery of the original notes.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The principal and interest on the Bond anticipation notes may be paid from any money available for their payment. Any portion of the principal or interest which is due and payable shall be paid from the proceeds of the next sale of Bonds in anticipation of which the notes were issued.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The proceeds of Bond anticipation notes issued pursuant to this Chapter may be used for any purpose for which the Bonds in anticipation of which the notes were issued may be used.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of Bonds which the City Council has been authorized to issue, less the amount of any Bonds of the authorized issue which have been previously sold and less the amount of other Bond anticipation notes previously issued and still outstanding.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may provide, in its resolution authorizing the issuance of Bond anticipation notes, that the notes shall be subject to call and redemption prior to maturity, at the option of the City Council, at the price or prices which are fixed in the resolution, but not to exceed a premium of six percent (6%) of the par value of the notes subject to redemption. The resolution shall fix the method of giving notice of redemption to the holders of the notes to be redeemed and the price or prices at which the note shall be subject to redemption. Any notes that are subject to call and redemption prior to maturity shall contain a recital to that effect on their face, and no note shall be subject to call or redemption prior to its fixed maturity date unless it contains that recital, unless otherwise consented to by the Owner of such note.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bond anticipation notes may be issued in the same manner as the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Bond anticipation notes and the resolution authorizing them may contain any provisions, conditions or limitations which a resolution of the City Council authorizing the issuance of Bonds may contain.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council shall provide a remedy in its resolution authorizing the issuance of Bond anticipation notes if the anticipated Bonds cannot be sold at the time or in the amount specified in the resolution or if any default occurs with respect to the notes. Any remedy which is so provided shall limit the obligations of Owners within the area subject to assessment to the amount of the assessment authorized and levied, except that the City Council may enter into an agreement with any of the Owners within the district pledging some or all of the property of those Owners who are a party to the agreement as additional security for the notes.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

By proceeding in accordance with the provisions this Chapter the Treasurer may advance the maturity of any Bond to the second day of March or September in any year and pay and cancel the same whenever there is sufficient surplus moneys in the redemption fund for its retirement.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notice of advanced maturity shall be given in writing to the registered holder or Owner of the Bond by registered or certified mail or personal service, or in such other manner permitted by the resolution authorizing the issuance of the Bonds.

Service or mailing of the notice shall be made at least thirty (30) days before the date fixed for advanced maturity, unless otherwise waived by the Bond Owners.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If notice of advanced maturity is given, the Bond shall mature and become payable on the date fixed for maturity in the notice. The Treasurer shall set aside to the credit of the Owner of the Bond the amount of principal and accrued interest then due on the Bond together with the redemption premium and the Bond shall then be deemed to have matured and interest shall cease to accrue on the Bond. The amount so set aside shall on the date fixed for maturity in the notice and upon the surrender and cancellation of the Bond be paid to the holder or Owner of the Bond.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The costs of serving or publishing the notice of advanced maturity shall be paid from the redemption fund.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

More than one (1) Bond may be covered in a single notice of advanced maturity.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Prior to the surrender of any Bond or the setting aside of any funds, the Treasurer may waive and vacate any notice of advanced maturity upon being tendered for cancellation some other Bond or Bonds of an equivalent amount and, of a maturity not earlier than that noticed.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In selecting Bonds for retirement, the Treasurer shall follow the procedure set forth in Section 3.52.700. The decision of the Treasurer in selecting Bonds for retirement shall be conclusive in the absence of fraud.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The Treasurer shall select Bonds for retirement in accordance with the redemption provisions of the trust indenture or resolution executed in connection with the issuance of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notwithstanding the foregoing provisions of this Subdivision, the City Council may, by resolution, establish alternative procedures for the advance retirement of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If it appears to the Treasurer that there is danger of an ultimate loss accruing to the Bondholders for any reason, he may either withhold payment on all matured Bonds and interest, or continue to make payment to be applied as provided in the resolution authorizing the issuance of the Bonds, and the Treasurer may report the facts to the City Council.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

On receipt of any report of the Treasurer under Section 3.52.702, the City Council shall fix a date for hearing thereon. The City Clerk shall give notice of the hearing by posting for seven (7) days. At the hearing, the City Council shall determine whether in its judgment there will ultimately be insufficient money in the redemption fund to discharge the unpaid Bonds and interest. If it determines that in its judgment there will be no such shortage, it shall direct the Treasurer to pay matured Bonds and interest as presented, and as provided in the resolution authorizing the issuance of the Bonds, as long as there is available money in the redemption fund.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If the City Council determines that in its judgment there will be a shortage in the redemption fund, it shall direct the Treasurer to pay, on a date to be determined by the Treasurer, to the holders of all outstanding and unpaid Bonds such proportion thereof as the amount of funds on hand bears to the total amount of the unpaid principal of the Bonds and the interest which has accrued or will accrue thereon. Similar proportionate payments shall thereafter be made periodically, as determined by the Treasurer, as moneys come into the redemption fund.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Interest shall cease on payments made on account of principal from the date of payment, but interest shall continue to run on the unpaid principal at the rate specified in such Bonds until payment thereof be made. No premiums shall be paid on payments made in advance of the due date.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may hold supplemental hearings on like notice and such other and supplemental orders may be made from time to time as may be equitable and proper.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If a deficiency occurs in the redemption fund with which to pay past due Bonds, past due interest, or Bonds or interest which will become due during the current tax collecting year, but it does not appear to the Treasurer that there will be an ultimate loss to the Bondholders, he shall pay matured Bonds as presented and make interest payments when due, as long as there are available funds in the redemption fund, in accordance with the provisions of the trust indenture or resolution executed in connection with the issuance of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

When funds become available for the payment of any Bond which was not paid upon presentment, the Treasurer shall notify the registered Owner thereof by registered mail to present the Bond for payment. If the Bond is not presented for payment within ten (10) days after the mailing of the notice, interest shall cease to run on such Bond.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If a deficiency remains in the redemption fund after one (1) year from the issuance of the Bonds, the City Council may require all persons interested to appear before it at a day, hour and place fixed by it for a hearing and to show cause why a supplemental assessment should not be made to pay for the cost and incidental expenses of the original Improvements done upon which the original assessments were made and upon which the Bonds were issued.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notice of the hearing shall be given by publication, and shall also be posted by the City Clerk or Assessment Engineer in the same manner as provided by the law pursuant to which the Improvements were done for the posting of notices of the passage of the Resolution of Intention. The first publication of the notice and the posting shall be completed ten (10) days before the time fixed for the hearing.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

At the time set for the hearing, the City Council shall proceed to hear any person appearing and may determine whether or not such deficiency was due to the fact that the original assessment for such cost and Incidental Expenses was not apportioned equitably or in accordance with benefits. The hearing may be postponed from time to time. If it appears to the City Council that the amount apportioned to any parcel was less than the amount which such parcel shall equitably bear according to the benefit which it received from the Improvement, the City Council may levy a supplemental assessment apportioning to such parcel the additional sums which it should equitably bear according to such benefits.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The cost of the publication and posting of the notice and of making the supplemental assessment may be included in the supplemental assessment. A copy of the order levying the supplemental assessment shall be recorded in the office of the Assessment Engineer and from and after such recording, the sum therein levied on any parcel shall be and constitute a lien thereon and thereafter bear interest at the rate specified in the Bonds. The several amounts levied by the supplemental assessment shall be extended on the next succeeding tax rolls to be delivered to the Tax Collector and shall be collected in the manner provided for the collection of installments of the original assessments.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The City Council may provide in its order levying the supplemental assessment that the supplemental assessments may be collected in annual installments during the remaining term of years during which the Bonds run. However, any Owner may pay the whole of the supplemental assessment subsequent to the order of the City Council and before the amount has been extended on the tax roll, whereupon interest shall cease on such assessment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

All money collected on the supplemental assessment shall be paid into the redemption fund and be applied to the payment of the costs of publishing and posting the notice of hearing and of making the supplemental assessment and then to the payment of the Bonds and interest thereon. After satisfaction of the Bonds, repayment, if possible, of all funds collected on the supplemental assessment shall be made to those persons paying the same out of recoveries had through the collection of the delinquent installments of the assessments upon which the Bonds were originally issued and of the interest and penalties thereon, and then out of any surplus remaining in the redemption fund after repayment to the City of any advances made by the City and any costs incurred by it under Subdivision 2 and Subdivision 3.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

If there is a surplus remaining in the redemption fund after payment of all Bonds and the interest thereon, that surplus shall first be applied to repayment to the City of any advances made by the City, and also of any costs incurred by it under Subdivision 2 and Subdivision 3. The remainder shall be repaid in accordance with the provisions of Section 3.52.714 to persons paying supplemental assessments, if any, and the balance may be proportionately credited upon the final installments due upon the assessments securing the Bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the General Fund of the City.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

In any proceedings leading to the issuance of Bonds pursuant to this Subdivision, the City Council may include, as an incidental expense of the proceedings, an amount to create a special reserve fund for the Bonds. The amount so provided shall not exceed ten percent (10%) of the total amount of assessments to be levied under the proceedings.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Where a special reserve fund is created for a Bond issue, the assessment levied on any parcel for the payment of the Bond issue shall be reduced upon the payment, in whole or in part, of the assessment pursuant to provisions for either: (1) cash payments of assessments prior to the issuance of the Bonds, or (2) advance payment of assessments following the issuance of the Bonds.

The proportional reduction on the assessment in the case of clause (1) above, shall equal the ratio of the total amount initially provided for the special reserve fund to the total amount originally assessed in the proceedings for the Bond issue, and in the case of clause (2) above, shall equal the ratio of the total amount in the special reserve fund, if any, at the time of advance payment of the assessment to the total amount of the Bonds outstanding at the time of advance payment of the assessment.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon receipt of the Bond sale proceeds, the amount so provided for the special reserve fund pursuant to Section 3.52.716 shall be transferred to the fund.

The special reserve fund shall be identified by the name of the proceedings under which the Bonds are issued and shall constitute a trust fund for the benefit of the Bondholders, subject to and to be administered in accordance with the provisions of this Chapter.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

The money in the special reserve fund shall be available for transfer into the redemption fund for the Bonds pursuant to Subdivision 2. The amount so advanced shall be reimbursed from the proceeds of redemption or sale of the parcel for which payment of delinquent installments was made from the special reserve fund, but only if the special reserve fund is then maintained with respect to the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever an assessment is paid off following the issuance of Bonds, there shall be transferred from the special reserve fund to the redemption fund an amount equal to the reduction, if any, in the assessment determined pursuant to Section 3.52.717.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Whenever the balance in the special reserve fund is sufficient to retire all remaining outstanding Bonds in the issue, whether by advance retirement or otherwise, collection of the principal and interest on the assessments shall be discontinued and the special reserve fund shall be liquidated in retirement of the Bonds.

In the event that the balance in the fund at the time of liquidation exceeds the amount required to retire all outstanding Bonds in the issue, the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the reserve fund was sufficient to retire all outstanding Bonds in the issue. The payments shall be made in cash to the respective Owners of the parcels except that, if the excess is not greater than one thousand dollars ($1,000.00), the excess may be transferred to the General Fund of the City.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Money in the special reserve fund may be temporarily invested in any authorized investments pursuant to Article 1 (commencing with Section 53600) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, or in any authorized investments pursuant to law.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notwithstanding any other provision in this Chapter, for the purpose of providing for reduction of the amount of money in the special reserve fund during the term of the Bonds, the City Council may, by resolution adopted prior to the issuance of Bonds under this Subdivision, provide that money in the special reserve fund, including investment income, shall be used, in the amounts and at the times as the City Council may determine, for any or all of the following:

A. Credit upon the assessment in the manner provided in Section 3.52.626.

B. Transfer to the redemption fund for advance retirement of the Bonds pursuant to this Subdivision.

C. Transfer to the improvement fund for payment of the costs of the construction of the Improvements.

D. Use for costs of administering the Assessment District, including foreclosure costs, costs of litigation, other attorney fees and financial advisor fees and expenses.

The resolution may specify the terms and conditions, as the City Council may determine to be reasonable, with respect to its authorization of any or all of the uses.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

No Bonds assessment or installment thereof or of the interest or penalties thereon, or certificate of sale or deed, shall be held invalid for any error in the computation of the proper amount due on the same, if the error is found to be comparatively negligible, or is found to be in favor of the Owner of the real property affected thereby.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Upon the application of the City Council or of any holder or other interested party, the Superintendent of Banks shall examine the regularity of the issuance of Bonds under this Subdivision and the sufficiency of the security provided for the payment thereof and, if satisfied therewith, he or she may certify the same as suitable for investment by savings banks and trustees whereupon the Bonds may be used for investment of savings deposits and trust funds. The cost of any such examination may, on approval of the City Council, be paid out of any surplus money in the redemption fund not required for the payment of the interest or principal of the Bonds.

(Ord. C-7480 § 1, 1997: Ord. C-6723 § 1 (part), 1990)

Notwithstanding any provisions set forth in this Chapter, the judicial sale procedures set forth in California Streets and Highways Code Section 8832 shall govern judicial actions commenced to enforce the provisions of this Chapter.

(Ord. C-7632 § 1, 1999)