Chapter 13.16 — ASSESSMENT BOND PROCEDURE

When bonds are to be issued in any proceeding had and taken in connection with any public improvement, and/or acquisition, and/or immediate possession, and/or street closing, pursuant to this title, the same shall be issued, paid and collected in accordance with this chapter.

(Ord. 2277 (part), 1966: prior code § 40.501(a))

When the council has determined that bonds shall be issued to represent the cost and expenses of any proposed work or improvement or of the possession or acquisition of any property in any such proceeding, it shall so declare in its resolution of intention therefor, and shall specify pursuant to which plan herein provided such bonds shall be issued, the date of their maturity following the date of their issuance, the interest rate which they shall bear, which shall not exceed six percent yearly; provided, however, that such interest rate may be stated to be not to exceed a rate stated therein.

(Ord. 2277 (part), 1966: prior code § 40.501(b))

(a) Form of Bonds. Whenever any bonds are issued pursuant to any one of the plans herein provided, such bonds shall be substantially in the form provided in the particular plan specified, with such appropriate changes in the wording of such bonds as to show that they had been issued pursuant to such plan of this chapter.

(b) Date. The bonds shall be dated as the council shall determine; provided, that in a proceeding had pursuant to Section13.12.020, the written

consent of the contractor and his assigns shall be obtained before delaying their date.

(c) Interest. The interest shall be computed from a date on or after the thirty-first day following the recordation of the assessment; provided, however, that in a proceeding had pursuant to Section 13.12.020, the written consent of the contractor or his assigns shall be obtained.

(d) Serial Amounts. The bonds shall be made to mature in such annual serial amounts as the council shall determine.

(e) Divisions. The bonds may be issued in more than one division having different dates and dates from which interest shall run.

(f) Execution. The signature on the interest coupons and all signatures excepting one signature on the bonds may be by printed, engraved or lithographed or other process.

(Ord. 2277 (part), 1966: prior code § 40.501(c)(1))

(a) Sale of Bonds. When any bonds issued hereunder are to be sold, they may be sold by the council as it shall determine. The proceeds of such sale shall be placed in the city treasury to the credit of the fund for which they had been issued, and shall be applied exclusively to the purposes and objects thereof.

(b) Premium. If any bonds are sold for an amount in excess of par, such excess shall be paid into the fund for the improvement, unless the council shall otherwise determine.

(Ord. 2277 (part), 1966: prior code § 40.501(i), (j))

(a) Against Theft. The bonds may be registered against theft, in which event Article 7, Chapter 4, Division 4, Title 4 of the Government Code shall apply.

(b) Delinquent Bonds. Bonds may be registered for nonpayment, in which event Article 2, Chapter 3, Part 1, Division 1, Title 5 of the Government Code shall apply.

(c) Lost Bonds. New bonds or coupons may be issued to replace lost or destroyed bonds, in which event the provisions of Article 3, Chapter 3, Part 1, Division 2, Title 5 of the Government Code shall apply.

(Ord. 2277 (part), 1966: prior code § 40.501(k), (l), (m))

Payment of all or any portion of any assessment taxes levied to pay the principal or interest due, or to become due, on the bonds of any district formed under this title may be made within matured bonds or matured coupons of such district. Such bonds and coupons shall be accepted and treated as cash, and when so received shall be canceled, and the interest and sinking fund of such district shall be credited with the face value thereof.

(Ord. 2277 (part), 1966: prior code § 40.501(n))

In lieu of any provisions of the law relating thereto, the city in posting assessments to the tax roll when collected thereon may add to the amount of each principal and interest installment the sum of not to exceed one dollar to cover the costs and expenses incurred by the city in the levy and collection of said installments. This section shall not apply to the collection of unposted or unbilled installments paid before their maturity.

(Ord. 2277 (part), 1966: prior code § 40.501(o))

In lieu of the procedure provided in Sections13.16.110 and 13.16.130 for the division of assessments, said assessments may be divided upon the written application of the property owner affected in the manner provided in the Revenue and Taxation Code for the division of taxes; provided, however, that any such application shall be accompanied by a fee as set forth in the municipal fee schedule if the original lot has been divided into two parcels, or a fee as set forth in the municipal fee schedule for each if the original lot has been divided into three or more parcels, plus county recording fees.

(Ord. 2960 § 49, 1976: Ord. 2768 § 1, 1974: Ord. 2277 (part), 1966: prior code § 40.501(p))

In the event of a surplus remaining in the redemption fund after payment of all bonds issued under any plan mentioned in this chapter and the interest thereon, for retirement of which such fund was established, such surplus, subject to any other special provision therefor in this chapter, shall be applied first to repayment to the city of any balance due it for contributions and advances which it may have made to the redemption fund and of any special taxes which it may have levied in aid thereof other than any regular taxes levied to retire any such bonds, and also of any moneys due it for costs incurred or charges allowed, together with interest on such sums at the rate mentioned in said bonds. The excess, if any, shall be paid into the general fund of the city.

(Ord. 2277 (part), 1966: prior code § 40.501(q))

(a) Powers. When bonds are issued pursuant to this plan, the bond provisions of the Improvement Act of 1911 shall apply.

(b) Interest. When the assessment is levied under Section 13.12.020, interest shall run from the date of filing the list of unpaid assessments. Otherwise, interest shall run from a date to be determined by the council.

(c) Assessments under Fifty Dollars. As an alternative method for the collection of such assessments which are of an amount less than fifty dollars, proceedings may be had in accordance with the alternative provisions of Section 13.12.020.

(Ord. 2277 (part), 1966: prior code § 40.502)

(a) Powers. Where bonds are issued pursuant to this plan, the Improvement Bond Act of 1915 shall apply.

(b) Assessments under Fifty Dollars. Bonds may be issued in the total amount of all assessments in amounts of less than fifty dollars which are unpaid at such time, to mature at the same time as the maturity of the first series of such serial bonds, and which assessments shall become due and payable at the same time as that portion of the larger assessments which has been collected for the payment of the first series of the serial bonds and the interest thereon.

(c) Unpaid List. The list of unpaid assessments filed with the city treasurer by the street superintendent shall separately state in such list the total of the assessments which are of fifty dollars or over in amount, and the assessments which are under fifty dollars in amount.

(d) Denominations. Bonds for the amount of the assessments which are not an even multiple of not less than one hundred dollars or more than one thousand dollars may be made to mature at the same time as the first series of bonds.

(e) Payment of Assessments after Bonds Issued. After the bonds are issued, the assessment on any parcel may be paid in advance in the manner provided in the 1915 Act by paying to the treasurer the unpaid balance of principal, plus one year's interest, plus five percent of the unpaid principal amount of the assessment, plus ten dollars for the cost of publication of notice of call. The person paying shall not be entitled to any refund.

(f) Calling Bonds. When sufficient surplus moneys are in the redemption fund with which to call a bond, the treasurer shall call and retire a bond in the manner provided in the 1915 Act; provided, that the notice need only be given for a period of thirty days.

(Ord. 2277 (part), 1966: prior code § 40.503)

(a) Powers. When bonds are issued pursuant to this plan, the provisions of Section13.16.110 shall apply, except as provided in this section.

(b) Bond Form. Appropriate changes shall be made in the form of the bonds to show that they have been issued for a public improvement or acquisition pursuant to this chapter.

(c) Supplemental Advances. The provisions of the Improvement Bond Act of 1915 which require the city to advance, as a loan to the bond redemption fund from available surplus funds, the amount of any delinquent installment of principal, interest and penalties thereon shall not be mandatory and shall not be enforceable.

(d) Supplemental Levies. The provisions of the 1915 Act which require that the city shall cause to be levied a special tax of not to exceed ten cents on the one hundred dollars of taxable property in the city shall be restricted to the taxable property within the assessment district created in the proceedings or other district deemed benefited thereby and described in the resolution of intention, and shall not be enforceable against the city as a whole.

(e) Advance Payment and Calling Bonds. Subsections (e) and (f) of Section13.16.110, shall apply to this section.

(Ord. 2277 (part), 1966: prior code § 40.504)

(a) Powers. There is hereby vested in the council the power to issue serial ad valorem land bonds upon any district created under this title.

(b) Assessment District. The proposed district shall be described in the resolution of intention and established as provided in the section of Chapter 13.12 pursuant to which said proceedings are had.

(c) Improvement Bonds. If said proceedings are had pursuant to Section13.12.020 hereof, then upon completion of the work, the person appointed by the council to be in charge of the work shall prepare and file with the council a declaration that the work has been completed according to the contract therefor, together with an itemized statement of the cost of such work and of the expenses incidental to said proceedings, estimated to the conclusion of said proceedings. The amount of any contribution shall be stated therein as well as the balance for which bonds are to be issued. When the bonds have been issued they shall be delivered to the contractor upon his paying to the city any moneys due it for incidental expenses as stated in the declaration. The council may provide in the resolution of intention that the contractor shall be paid in cash from advances to be made to said project or from the proceeds of the sale of the bonds, in which event the bonds shall be issued as provided for the issuance of acquisition bonds.

(d) Acquisition Bonds. If the proceedings are had pursuant to Section13.12.030, then upon the entry of all interlocutory judgments in any eminent domain proceedings brought pursuant thereto, proceedings shall be had substantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the council and the proceeds shall be used to pay the costs and expenses of the project.

(e) Municipal Improvement District Bonds. If proceedings are had pursuant to Section13.12.040, then in the resolution ordering the acquisitions or improvements the council shall determine the estimated cost of said acquisitions and improvements and of the expenses incidental thereto, and the total estimated amount of the bonds to be issued. The bonds shall be issued and sold and the proceeds shall be used to pay the costs and expenses of the project.

(f) Possession Bonds. If assessment proceedings are had pursuant to Sections13.12.030 and 13.12.040, and proceedings shall be had for the taking of immediate possession of the property to be acquired, then the person in charge of said proposed acquisitions shall prepare and file with the city an estimate of the amount of money necessary to be deposited in court for immediate possession, and proceedings shall be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the council shall issue only such amount of additional bonds as is necessary to provide for the additional costs of said project and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto.

l be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the council shall issue only such amount of additional bonds as is necessary to provide for the additional costs of said project and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto.

(g) Notice of Hearing. The clerk shall give notice of a time and place of hearing on the declaration filed in relation to the issuance of any bonds to be issued other than pursuant to Section 13.12.040. Such notice shall be published.

(h) Form of Notice. The notice shall refer to the resolution of intention in the proceedings for identification, for a description of the work to be done or acquisitions or improvements to be had and for the boundaries of the assessment district, and notice shall be given therein to all persons interested that it is proposed to hear the report and issue bonds pursuant to this section, and any person feeling aggrieved by any act or determination done or made in said proceedings or claiming that any previous acts or proceedings were irregular, defective, erroneous or faulty, or claiming that the work or improvement has not been performed according to the contract in a good and substantial manner, or claiming that any

potion of the work or improvement for any reason was omitted or illegally included in the contract, or having any objections or reasons why bonds should not be issued in the amount set forth in the declaration and statement on file, may appear before the council at the time and place so fixed by it and be heard.

(i) Hearing. All objections shall be made in writing and signed by the protestant and any grounds not stated therein and filed at or before the time fixed for hearing shall be deemed waived. The contractor or his assigns, and any other person or persons interested in said matter, may appear and be heard upon any of the matters referred to in said notice. The council may confirm, amend, alter, modify or correct the report in such manner as it shall deem just, and require the work to be completed according to its directions or those of the person designated by it therefor.

(j) Issuance of Bonds. In the council's final order upon the hearing, or in the resolution ordering the acquisitions or improvements when the proceedings are had pursuant to Section 13.12.040, the council shall by resolution order the issuance of bonds. The resolution shall state the total principal amount thereof, and the amount to mature in each year during their term. The first maturity of the bonds may be postponed for a period not beyond July second on the fifth calendar year following their date. The bonds may be made to mature on July second over a period not to exceed forty years from their date.

(k) Bonds, Form and Execution. The bonds shall be in such form, shall be executed by the officers, and shall be made payable at the place or places within or without the state as the council shall determine. The bonds shall be negotiable in form and be payable to bearer.

(l) Issues - Series - Divisions. An issue of bonds shall constitute all of the bonds issued pursuant to a resolution of intention. Each issue shall be given a serial designation. The council may, in its discretion, divide the issue into two or more divisions and fix different dates for the bonds of each division, in which event the bonds of each division shall be made payable at such time or times as the council shall determine. Possession bonds shall constitute a division of an issue. All bonds of any issue shall have equal priority.

(m) Callable Bonds. Bonds are not subject to call or redemption prior to their fixed maturity date unless the right to exercise the call is expressly stated on the face of the bonds. Provision may be made therein for a premium on call.

(n) Supplemental Bonds. If the proceeds of the bonds for any reason are less than the cost of the acquisitions and improvements and expenses incidental thereto, additional bonds may be issued by filing with the clerk a declaration or statement of the amount necessary therefor and by giving notice and holding a hearing and determining the amount of bonds to be issued therefor as provided herein for the issuance of bonds upon declaration, notice and hearing. The bonds shall be deemed a division of the bonds of the main issue.

(o) Interest. Semi-annual interest coupons shall be attached to said bonds and be made payable on the second days of January and July of each year, excepting that the first coupon shall be for interest from their date to the second day of January next succeeding four months after the date of such bonds. Provision may be made for the payment of interest from the proceeds of the sale of the bonds for the period of acquisition and construction of the project and for one year thereafter. If upon presentation at maturity payment of any bond is not made as herein provided, interest shall continue at the same rate until the principal is paid in full.

(p) Ad Valorem Tax. For each district in which an issue of bonds has been had pursuant hereto the council shall annually, until all of the bonds and interest thereon have been paid in full, at the time of levying the taxes for general city purposes, levy an ad valorem assessment upon all lands within said district except publicly owned property, which levy shall be in an amount clearly sufficient, together with any moneys which are or may be in the redemption fund and after making adequate allowance for estimated delinquencies to pay all of the principal of and interest on said bonds which shall become payable before the proceeds of another such levy shall be available therefor.

l lands within said district except publicly owned property, which levy shall be in an amount clearly sufficient, together with any moneys which are or may be in the redemption fund and after making adequate allowance for estimated delinquencies to pay all of the principal of and interest on said bonds which shall become payable before the proceeds of another such levy shall be available therefor.

(q) Id. - Method of Collection. Said special assessment levy shall be levied and collected upon the last equalized secured and utility tax rolls upon which general city taxes are collected. It shall be in addition to all other taxes levied for general city purposes, and shall be levied, computed, entered, collected and enforced in the same manner and by the same persons and at the same time, and with the same penalties and interest, as are other taxes for city purposes, and all laws applicable to the levy, collection and enforcement of taxes for city purposes are hereby made applicable to said special assessment levy, and be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from the sale for general city taxes, and if not redeemed shall in like manner pass to the purchaser.

(r) Contributions. The council may annually, at or prior to the time the levy is made, or at such other time as it shall determine, transfer to the redemption fund of said bonds such amount or amounts as it shall determine.

(s) Zones. If, in the judgment of the council conducting the proceedings, varying benefits to be derived by the different parcels of land lying within the assessment district so require, the district may be divided into zones according to benefits. The district may be divided into as many zones - up to the total number of parcels of land in the district - as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefited in like measure. The council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the city clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.

other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.

(t) Validity of Bonds and Tax Rate. All bonds issued and all taxes levied and collected pursuant to the provisions of this section shall by their issuance be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and determinations in anywise pertaining thereto, and after the same are issued no tax levied or collected for the purpose of paying the principal or interest on said bonds shall be held invalid or illegal, or set aside by reason of any error, informality, irregularity, omission or defect in the proceedings, not amounting to a want of due process of law.

(u) Issuance of New Bonds when Proceedings for Bonds Irregular. When any court of competent jurisdiction determines that any contract purporting to have been made, or any proceedings, steps or actions purporting to have been taken, or any bond or bonds issued, or any levy of assessment made, under this section, is or are void, invalid or unenforceable for any reason, or shall for any cause enjoin the issuance of any bonds proposed to be issued under said code, said court shall also determine that new bonds shall be issued in the place thereof. The council may also order the issuance of new bonds when it determines the existence of such voidness, invalidity or unenforceability. In such event the council shall cause a declaration to be filed which shall state the amount of any work performed, improvements made, acquisitions had, and the expenses incidental thereto, and the estimated cost of any to be had. The declaration shall be noticed and heard and new bonds issued as herein provided for acquisition bonds.

(v) Maintenance. An annual assessment may be levied for maintenance and/or operation of the facilities acquired or constructed with the proceeds of the bonds in the manner provided in Section 13.16.130.

(w) Alteration of Boundaries. The boundaries of the assessment district may be enlarged at any time in the manner provided in Section 13.16.130.

(x) Supplemental Remedies. The supplemental security and remedy provisions of Part 13 (commencing at Section 8800) of Division 10 of the Streets and Highways Code shall apply. This section is adopted pursuant to Section 43240 of the Government Code.

(y) Election. No assessment district shall be formed nor any bonds issued nor assessments levied under this section unless and until such formation and levy have been approved by majority vote of the qualified voters of the assessment district in the manner herein provided. The election shall be called and conducted in the manner provided in Article 6, commencing with Section 2285, of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code of the State of California, except that:

d under this section unless and until such formation and levy have been approved by majority vote of the qualified voters of the assessment district in the manner herein provided. The election shall be called and conducted in the manner provided in Article 6, commencing with Section 2285, of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code of the State of California, except that:

(1) If there are less than twelve registered voters, as defined in the Elections Code, residing within the assessment district, the proposition submitted at the election shall be approved by majority vote of both registered voters and landowners as defined in Section 2285 of the Revenue and Taxation Code.

(2) The election shall be conducted by the city clerk in the manner provided for general city elections.

(3) The election may be held at any time not less than thirty nor more than sixty days after the call of the election by the council.

(Ord. 2798 § 6, 1974: Ord. 2402 (part), 1968: Ord. 2277 (part), 1966: prior code § 40.505)

(a) Powers. There is vested in the council the power to issue serial ad valorem realty bonds upon any district created in this title.

(b) Ad Valorem Assessment. The annual ad valorem assessment to be levied therein shall be upon all lands and improvements within the assessment district excepting publicly owned property.

(c) Procedure. Except as in this section otherwise provided, all of the provisions of Section13.16.130 shall apply.

(Ord. 2277 (part), 1966: prior code § 40.506)

(a) Powers. There is vested in the council the power to issue vehicle off-street parking bonds upon any off-street parking assessment district created under this title to finance the cost of acquiring, constructing, improving and extending vehicle off-street parking places and facilities and the costs incidental thereto and to the proceedings and the financing thereof.

(b) Purpose. The purpose of this section is to provide a procedure by which assessment bonds may be issued for the purposes set forth in subsection (a) above and to permit the bond fund to receive the proceeds of pledges of revenues and contributions and to allow the annual assessments to reflect changes in benefits which have taken place during the preceding year and to reflect appropriate credits to properties which provide or will provide private off-street parking places and facilities.

(c) Declaration in Resolution of Intention. When the council determines that bonds shall be issued under this section, it shall declare in its resolution of intention therefor that said proceedings shall be conducted pursuant to Sections 13.12.040 and 13.12.050, and bonds shall be issued in the total amount of the cost of the project, exclusive of contributions pursuant to this section.

(d) Assessment District. The proposed off-street parking assessment district shall be described in the resolution of intention and established as now or hereafter provided in Sections 13.12.040 and 13.12.050.

(e) Fixed Lien Assessment Provisions. The council may provide, in the resolution of intention, that a fixed portion or percentage of the cost of any project will be financed by fixed lien assessments and the issuance of bonds to represent unpaid fixed lien assessments levied and issued, respectively, in the manner provided in Chapters 13.12 and 13.16, or under state law. Except to the extent of such fixed lien assessment financing, no assessment or diagram shall be made or required as part of the engineer's report provided in Section 13.12.040 or state law. The respective provisions of other sections of this chapter with reference to the making, confirmation, recordation, levy, collection, payment and enforcement of fixed lien assessments, reassessments or supplemental assessments shall be and remain inapplicable in such proceedings, except to the extent that fixed lien financing is provided in the resolution of intention.

(f) Provisions Applicable to G Bonds and Proceedings. The provisions of Chapters13.04, 13.08 and 13.20 and of Sections 13.12.010, 13.12.040 and 13.12.050, and of Sections 13.16.010 and 13.16.130 (other than subsection (y) of Section 13.16.130), except as in this section expressly otherwise provided, are applicable to any portion of the proceedings which relate to the authorization, issuance and sale of bonds under this section.

(g) Redemption Fund. A fund to be designated Bond G, Series No. _____, interest and redemption fund, in this section called the bond fund, shall be created and maintained for each issue of bonds.

(h) Trust Fund. All moneys pledged or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied therefor, as hereinafter provided, shall be deposited in the bond fund for such issue, shall constitute a trust fund therefor, and shall not be expended for any other purpose; provided, that if any moneys remain in the bond fund after the payment of all the bonds and the interest thereon, they shall be transferred to the city general fund, unless a maintenance district has been created for the improvements acquired and constructed from the proceeds of said bonds, in which event they shall be transferred to the maintenance fund of such district, and be used for objects and purposes thereof.

(i) Budget. The city manager shall annually cause to be prepared a budget for each bond issue hereunder, which shall include the following:

(1) The gross amount required to pay the principal of and interest on said bonds which will become payable before the proceeds of the next succeeding assessment levy hereunder becomes available therefor;

(2) The balance available therefor at the end of the fiscal year in the bond fund;

(3) The amount estimated to become available therefor pursuant to any pledge of revenues in the assessment proceedings from any revenues which may be provided to be collected by the city on any vehicle off-street parking places or facilities in or for the parking assessment district created for said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

(4) The amount of revenues to be collected from street parking meters within or without the parking district, which have been pledged for the servicing of said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

(5) The amount of contributions, if any, which the city proposes to make to the bond fund for the fiscal year for which an annual assessment is to be levied, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

(6) The balance of the amount provided in subdivision (1) of this subsection.

(j) Benefit Assessments. The amount provided in subdivision (6) of subsection (i), including adequate provision for anticipated delinquencies, shall be raised by an annual assessment on all real property within the parking assessment district in the ratio of the adjusted square footage of floor areas of nonresidential structures (other than those completely vacant on the lien date), together with land area assessments if necessary, all determined as hereafter provided, until all of the bonds and the interest to accrue thereon have been paid in full. The formula set forth in this

paragraph is hereinafter referred to as "the ordinance formula."

In lieu of the ordinance formula set forth in the first paragraph of this subsection, the council may, in the resolution of intention, set forth a different formula (herein called "the proceedings formula") to be used in determining the annual apportionment of benefits in the levy of annual assessments upon the real property within the proposed assessment district. Such proceedings formula may include a provision for the granting of credits against assessments to the extent that private off-street parking places and facilities shall have been provided for the year by owners of real property within the district.

In stating the proceedings formula, the council may provide for reasonable classifications of property based on zoning, land use, ownership and other factors which affect benefits, including, without limitation, the fact that land is greater than a fixed distance from a particular public parking facility or a combination of distances from public parking facilities, at the time of a levy.

The proceedings formula may also be based, in whole or in part, upon parking deficiencies, determined in accordance with the requirements of the applicable provisions of the city planning and zoning ordinances.

In the event that a proceedings formula is established, subsections (k) and (l) shall apply only if the actions required therein are necessary under the proceedings formula, and the engineer's report and all subsequent proceedings shall be based on the proceedings formula.

As used in this section, "real property" means all land and improvements which are subject to special assessment for benefits from local improvements under the State and Federal Constitutions.

(k) Determination of Gross Square Footage. On or before May 1st of each year next succeeding the issuance of the bonds, the city assessor shall determine from any records or other sources legally available to him the gross number of square feet, based on exterior measurements, of the floor area of each building or structure within the boundaries of the parking assessment district, which is zoned and used for commercial purposes. A complete list of said square footage figures, set opposite the assessor's parcel numbers to which they pertain, shall be transmitted to the city planning officer. Any references to square footage or adjusted square footage hereinafter mentioned shall be deemed to refer to floor areas in buildings zoned and used for commercial purposes as herein provided.

(l) Determination of Credits. Immediately upon receipt of the square footage figures, the director of planning and community development shall determine, for each parcel of land within the parking assessment district, the number of off-street automobile parking spaces which would be required to be provided under city ordinances generally then in effect, and the number being provided by said parcel and which would be credited in satisfaction of said requirement if said ordinances applied to said parcel. The figures, together with the gross square footage figures provided under subsection (k), shall be transmitted to the city manager.

(m) Preparation of Engineer's Report.

(1) Ordinance Formula. Immediately upon receipt of the foregoing data, the city engineer shall prepare a report containing the following data as to each parcel within the parking assessment district in columnarized form:

(A) A description of each parcel of land in the parking assessment district, by a legal description, assessor's parcel number or other description sufficient to identify the same;

(B) The gross number of square feet of floor area in any building or structure on each parcel, as provided under subsection (k);

(C) The number of parking spaces required for each parcel, as provided by the director of planning and community development;

(D) The number of off-street parking spaces provided in satisfaction thereof, as provided by the director of planning and community development;

(E) The ratio of subdivision (1)(D) to subdivision (1)(C);

(F) The amount of adjusted square footage in each building or structure, determined by reducing the gross square footage set forth in subdivision (1)(B) by the ratio as set forth in subdivision (1)(E), and the total adjusted square footage in the parking assessment district;

(G) The rate of assessment per adjusted square foot, determined by dividing the figure provided by the city controller under subdivision (6) of subsection (i) by the total amount of adjusted square footage in the parking assessment district determined under subdivision (1)(F) of this subsection. The rate of assessment shall in no event exceed a rate per adjusted square foot to be determined by the council and set forth in the resolution of intention. In the event that the proceeds of an assessment levied at the maximum rate in any year are insufficient to raise the amount of money provided in subdivision (6) of subsection (i), the balance shall be raised by an additional assessment on the real property within the parking assessment district, in the ratio for their land areas. The engineer's report for such year shall include a column for such land area assessment.

(2) Proceedings Formula. If the resolution of intention states a proceedings formula, the report shall show the various data, rates and factors necessary to compute the annual assessments.

(n) Correction of Errors. If the assessment roll contains any error in the description of the land or in any other respect, the city engineer may correct the list at any time before it is finally approved by the city council. Any error or change subsequent to such final approval, other than a decrease in any assessment, must be accomplished on notice and hearing in the manner herein provided for modifications, unless such notice is expressly waived by all of the owners of the property involved in the change.

(o) Effect of Error. No error in the assessment roll shall render the assessment of a parcel invalid.

(p) Certification and Filing. When the report has been completed, it shall be signed by the city engineer, dated and filed with the city clerk, on or before May 15th of each year.

(q) Hearing. Said report shall come on regularly for hearing by the council at its regular meeting held on the second Monday of June in each year.

(r) Publication and Postage. The city clerk shall cause notice of the hearing on the report to be given by publication and by posting.

(s) Notice by Mail - First Report. The city clerk shall cause notice of the hearing on the first report for any bond issue to be mailed.

(t) Mailing - Subsequent Reports. Notices shall not be required to be mailed to any person as to hearings on subsequent reports, when the report is heard at the time fixed in subsection (q) above. If, for any reason, the report cannot be heard on said date, the clerk shall fix another date, and shall mail notice of said hearing. The clerk may, but is not required to, mail notices to the owner of a parcel, the zoning, use, ownership or improvement of which has changed in such a manner as to provide a relatively higher assessment thereon than in the preceding year.

(u) Notice Form - Published and Posted Notice. The form of notice to be published and posted shall be substantially as follows:

NOTICE OF HEARING ON PARKING ASSESSMENT ROLL PROJECT NO. _______ RESOLUTION OF INTENTION NO. ________ adopted ________ ,19____

NOTICE IS HEREBY GIVEN that the city engineer has caused to be prepared and filed with the city clerk a report which provides for levying

special assessment on the properties within the parking assessment district created and established for the project and pursuant to the resolution of intention cited above. Said report sets forth the amounts proposed to be levied for the fiscal year 19 __ - __, upon the several parcels of real property in the parking assessment district created to pay the principal and interest of the bonds issued in said project, which report is open to public inspection.

Said report will be heard by the council at its meeting to be held on the _____ day of June, 19___, at the hour of seven-thirty o'clock p.m., council chambers, city hall, Palo Alto, California, at which time said council will examine said report and hear all persons interested therein.

Any person interested, objecting to the amount of the assessment on any parcel of real property owned by him, may file with the city clerk, at or before the hour fixed for hearing, a protest in writing signed by him, describing the parcel so that it may be identified, and stating the ground of his protest, and may appear at said hearing and be heard in regard thereto.

(v) Id - Mailing. The form of mailed notice shall be substantially as set forth in subsection (u) of this section, but shall also contain a description of the parcel covered by the notice sufficient to identify it, and the amount of the proposed assessment against said parcel as set forth in the report.

(w) Protests. The clerk shall endorse on each protest the date it is filed with her, and shall show whether said protest was filed prior to the hour fixed for hearing. No protest received after said hour shall be counted in determining the quantum of protest, but the council may, in its discretion, consider said protests in making its decision.

(x) Public Hearing. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the council shall:

(1) Hear all persons having an interest in any real property within the parking assessment district;

(2) Hear all objections, protests or other written communications from any persons interested in any real property within the parking assessment district;

(3) Take and receive oral and documentary evidence pertaining to the matters contained in the report;

(4) Remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of any city officers or employees, as contained therein;

(5) Amend, alter, modify, correct and confirm said report and each of the assessments therein.

(y) Certification. The report, together with the certificate of the clerk as to the fact and date of approval by the council, shall be delivered, at or before the time the council fixes the general city tax rate for said fiscal year, to the officer designated by law to extend city taxes upon the tax roll on which they are collected.

(z) Posting and Report. Said officer shall post to the tax roll the total amount of the assessment proposed to be levied and collected for said year, as set forth in said report.

(aa) Method of Collection. The special assessment shall be levied and collected upon the last equalized secured and utility tax rolls upon which general city taxes are collected. It shall be in addition to all other taxes levied for general city purposes, and shall be levied, entered and collected together with, and not separate from, general city taxes, and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are other taxes for city purposes, and all laws applicable to the levy, collection and enforcement of taxes for city purposes are made applicable to said special assessment levy, and the assessed real property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for general city taxes and if not redeemed shall in like manner pass to the purchaser.

(bb) Lien. The lien of the assessment levied under this section attaches at the same times and has the same priorities as the lien for general taxes.

(cc) Contributions. The council may annually, at, or prior to, the time the levy is made, or at such other time as it shall determine, transfer to the bond fund such amount or amounts as it shall determine.

(dd) Public Property. If the ordinance formula applies, or the proceedings formula so provides, public property (other than tax-deeded property), whether or not in the performance of a public function, shall be exempt for the levy of assessments to service bonds issued under this section.

(ee) Omitted Property. If any parcel of property is omitted from the tax roll for any year it shall be added at the end of the roll and assessed as contained in the report. If any property is omitted in any such report it shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year.

(ff) Reassessment. When any court of competent jurisdiction, or the council of its own volition, determines that any levy of assessment pursuant to this section is void, invalid or unenforceable for any reason, or any court, for any reason, enjoins the collection of any such assessment, the council may levy a reassessment.

The engineer's report on reassessment shall be prepared and filed on order of the council, notice given, hearing held and reassessment levied and confirmed, all in the same manner as the original assessment, as nearly as may be, except that the formula to be used in the determination of benefits or the properties subject to assessment, or both, may be other and different from that provided in this section, if required in order to be consistent with the determinations and orders of the court.

The reassessment shall be collected in the same manner as the original assessment, except that if it is levied too late for inclusion in regular city tax bills, it shall be collected on special bills to be prepared and mailed and collected in the same manner as regular tax bills. Subsection (aa) shall apply just as if regular city tax bills were used.

The reassessment provisions of this subsection are alternative to the reassessment provisions elsewhere contained in this title.

If any reassessment levied under this subsection or any other part of this title is held invalid for any reason, the council may conduct additional reassessment proceedings under this title, or any state law, to the end that the cost of the project is paid by the properties benefited thereby.

(gg) Id. - Lien. The lien of any reassessment shall attach at the same time and have the same priority as the lien of the original assessment.

(hh) Security for existing bonds. If any invalidity is not in the bonds themselves or in the issuance thereof, the council may so declare and conduct a reassessment proceeding in the same manner as the proceedings for the formation of the original district, but without the issuance of new bonds. In such event, the reassessment proceedings shall constitute the proceedings providing a legal authority for the issuance of the outstanding bonds, and the redemption fund created in any such reassessment proceeding shall constitute a trust fund for their payment.

(ii) Exchange of Existing Bonds. If the invalidity is in the bonds themselves or in the issuance thereof, or if the council shall so determine in the reassessment proceedings, new bonds shall be issued and exchanged for the outstanding bonds. The new bonds shall mature in the amounts and at the times provided for the outstanding bonds, as nearly as may be.

If the council shall so determine, it may assign different bonds and allot maturities as it shall deem equitable.

(jj) Limitation of Actions. The limitation of actions provided in Section 329.5 of the Code of Civil Procedure is applicable to any attack on or defense against the collection of the annual assessment herein provided for.

(kk) Validating Proceedings. An action to determine the validity of any assessment district, bonds, assessments, supplemental assessments, reassessments, contracts or evidences of indebtedness, and of the proceedings conducted in connection therewith pursuant to this section, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(Ord. 3514 §24, 1984: Ord. 3507 §24, 1984: Ord. 2985 §1, 1977: Ord. 2798 § 1-5, 1974: Ord. 2528 (part), 1969: Ord. 2498 (part), 1969: Ord. 2452 (part), 1968: Ord. 2443 (part), 1968: Ord. 2277 (part), 1966: prior code §40.507)

(a) Powers. There is vested in the council the power to issue annual benefit assessment bonds upon any district created in this title to finance any public improvement authorized by Section 13.04.010.

(b) Procedure. All of the provisions of Section 13.16.150 shall apply, except those that refer or relate to vehicle off-street parking facilities. All references to such facilities shall be deemed to refer to the public improvement being financed under this section.

(Ord. 2798 § 7, 1974)

If the council makes the following findings and determinations, any outstanding bonds may be refunded or advance refunded by resolution, fiscal agent agreement, or indenture adopted or approved without notice and hearing or further process:

(a) That the total aggregate amount of the principal of and interest on the refunding bonds is less than the total aggregate amount of the principal of and interest on the bonds to be refunded;

(b) That each annual installment of principal of and interest on the refunding bonds is less than the corresponding installment on the bond to be refunded; and

(c) That the term of the refunding bonds is equal to or less than the remaining term of the bonds to be refunded.

(Ord. 3887 § 1, 1989)

If the council is unable to make the findings required by Section13.16.170, it may proceed with refunding proceedings as appropriate under the applicable bond plan.

(Ord. 3887 § 2, 1989)