Merced Municipal Code Ch. 13.10 Purchases and Assessments

Contributions or partial payments from the United States, or the state, or any agency of either, or from the county, or any other local agency, may be accepted and the-same or any available city moneys applied to any part of the costs of a project at any time during or after the proceedings, and may also be applied in reduction of the amount assessed or to be assessed therefor.

(Prior code § 14A.46).

In any proceeding had under this title, the city may declare in the resolution of intention that it intends to purchase the assessment, warrant or bonds to be issued therein.

(Prior code § 14A.47).

The city shall, upon the issuance of the assessment, warrant or bonds, as the case may be, pay to the contractor, under Chapter 13.32, or into court, under Chapter 13.34, or into the construction fund, tinder Chapter 13.36, the principal amount thereof.

(Prior code 14A.48).

The bonds, when issued, shall be made payable to bearer. In that case, the city shall succeed to all rights under the assessment, warrant and bonds.

(Prior code §§ 14A.49, 14A.50).

The shall have the power subsequently to acquire and own any bonds or assessments or warrant issued or levied or made hereunder, or now issued and outstanding, for any improvement and/or acquisition of the city.

(Prior code § 14A.51).

The city may bid and purchase any real or personal property offered for sale for the non-payment of any improvement assessment levied and assessed under any of the provisions of this title, or of any installment thereof, or penalties, costs or interest thereon, or in any suit brought to foreclose the assessment, and shall in like manner become the owner thereof, and the right of redemption shall in like manner terminate.

(Prior code § 14A.52).

Whenever any property has been acquired by the city at any sale, then the property, or any lien thereon or interest therein created by the assessment, may be released, assigned, sold or otherwise disposed of by the city as it determines; provided, however, that no release, assignment, sale or other disposition of any lien or interest or of the property shall be made unless there is first paid to the city a sum of money equal to, and not less than the amount paid therefor by the city, together with all accrued penalties, costs, interest and necessary expenses incurred; provided further, that if any lien or interest, or property cannot be, as determined by the council, sold for the amounts or charges computed as provided in this title, then the council may sell any lien or interest or property for the best price obtainable according to its judgment.

(Prior code § 14A.53).

Charges established by the city for the privilege of connecting to the city's sanitary sewerage or water facilities, or as a condition to providing sewer or water service, may be included in and collected as part of any special assessments levied under the provisions of this title.

(Prior code § 14A.54).

In any proceeding for the acquisition or construction of sanitary sewerage facilities or water facilities, or both, the council may direct that each assessment be divided into two parts, one representing a connection charge (hereinafter called "the connection charge portion") and the other the balance remaining after deducting the connection charge portion from the original total assessment (hereinafter called "the remaining balance").

(Prior code § 14A.55).

Charges for the privilege of connecting to the sanitary sewerage facilities or water distribution facilities of the city are established as a condition to the providing of sewer or water service, respectively, to become effective in any given project area or portion thereof upon adoption of the resolution ordering cash advances in any project provided for in Section 13.10.130.

(Prior code § 14A.56).

The amount of such connection charge in each project area or portion thereof shall be fixed in such resolution provided for in Section 13.10.130.

(Prior code § 14A.57).

If any project in which the council directs a division of assessments as provided in Section 13.10.100, the resolution directing such division shall provide for cash advances to the project to represent all of the connection charge portions of assessments except those as to which property owners have failed to exercise the deduction option as provided in Section 13.10.130.

(Prior code § 14A.58).

A. In any project where such charges are fixed and cash advances ordered, one connection charge shall be included in each individual assessment as finally confirmed by the council and recorded in the office of the superintendent of streets. The owner of each parcel assessed, in the notice to pay assessments, shall be given the option of reducing his assessment by the amount of the connection charge included therein. The original record of any assessment as to which the option is exercised, shall be marked "$.....paid by connection charge deduction" (inserting the amount of charge to be deducted). Each connection charge deducted, as well as any charge represented by the city's cash advance to the project, is payable in cash at the time of connection to the facilities constructed in the proceedings. If a connection charge is left in the assessment and either paid in cash or allowed to go to bond, the property is entitled to a single connection without payment of further charges therefor other than the cost of constructing lateral connections not included in the proceedings and any permit, inspection or other fees now or hereafter established by the city. The council may, by resolution, change the amount of the charge at any time.

B. If the option has not been exercised by the end of the cash payment period, the owner will be deemed to have elected to leave his assessment unchanged.

(Prior code § 14A.59).