Chapter 4.70 — URBAN IMPROVEMENT DISTRICTS

This chapter shall be known as the Pasadena "urban improvement district procedure ordinance."

(Ord. 5415 § 1 (part), 1979)

A.

This chapter is adopted pursuant to the municipal affairs provisions set forth in Section 301 of the Charter. In proceedings conducted pursuant to this chapter which are a municipal affair, the general laws herein referred to are deemed a part hereof.

B.

The purpose of this chapter is to establish a procedure whereby urban improvement districts may be formed within the city to provide the means of identifying the needs of properties therein for various public improvements and services and of financing them. Districts formed under this chapter are declared to be special assessment districts formed for such purposes.

(Ord. 5415 § 1 (part), 1979)

In addition to matters specified elsewhere in this chapter, the acts authorized under this chapter include the following:

A.

The formation of districts;

B.

The acquisition of land, property, and rights-of-way necessary or convenient for use as public parking facilities for the parking of vehicles and for the opening, widening, straightening, or extending of streets, alleys, lanes, or walks necessary or convenient for ingress to or egress from any parking facility;

C.

The improvement of any acquired land by the construction thereon of garages or other buildings or improvements of any kind or nature necessary or convenient for parking purposes;

D.

The improvement by grading, paving, draining, lighting, or otherwise of any parking facility and any streets, alleys, lanes or walks necessary or convenient for ingress to and egress from parking facilities;

E.

The beautification of any parking facility, street or any other public lands, buildings or easements by the construction of beautification facilities and the acquisition of lands, easements and rights for such purposes;

F.

The exercise of any of the powers and purposes provided in Part 5 (commencing with Section 36000) of Division 18 of the Streets and Highways Code;

G.

The accomplishment of related private work;

H.

The annexation of territory to and the exclusion of territory from districts;

I.

The grant or loan of funds to districts for administrative purposes;

J.

The establishment of revolving funds and the appropriation of moneys thereto and expenditures therefrom;

K.

The issuance, sale, and payment of bonds for any or all of the foregoing purposes under any of the bond plans authorized under Sections 4.70.800 through 4.70.860 and the levy and collection of assessments upon real property within the district for the payment of all or a portion of the principal and interest of the bonds;

L.

The administration of districts and the administration, maintenance, and operation of parking facilities and beautification facilities acquired under this chapter;

M.

The fixing and collection of rentals, fees, and charges for the use or availability of parking facilities and the use of moneys derived from the rentals, fees, and charges;

N.

The contribution or loan by the city of money for the acquisition and improvement of the public parking facilities and public ways for ingress to and egress therefrom and beautification facilities; the allocation and pledge of any revenues of the city derived from parking facilities and parking meters on public ways within the city to any of the purposes specified in this chapter and the making of covenants and agreements with the bondholders to install and maintain such meters;

O.

The employment of engineers, financial consultants, planning or architectural consultants, attorneys, and other persons necessary or convenient for the doing of any act authorized by this chapter;

P.

The acquisition of property by gift, purchase, or eminent domain; any conveyance of property or right-of-way as a gift may be conditional upon the use of the property for the purpose for which it is conveyed, or property may be conveyed to the city in trust for a particular use or uses and the conveyance may provide that upon the cessation or abandonment of such use or uses the property shall be reconveyed to the donor or to his or its successors or assigns; any property acquired by condemnation or otherwise may be acquired in fee simple;

Q.

The doing of all acts and things necessary or convenient for the accomplishment of the purposes of this chapter; the enumeration of specific authority in this chapter does not limit in any way the general authority granted by this subsection.

(Ord. 5415 § 1 (part), 1979).

This chapter does not affect any other law under which improvements may be made within or by the city but it provides an alternate system of proceedings for parking facilities and beautification facilities. Such facilities may be made either pursuant to this chapter, or pursuant to any other law. If, how ever, any proceedings are commenced pursuant to this chapter, its provisions apply to any facilities made under those proceedings until such facilities are completed.

(Ord. 5415 § 1 (part), 1979)

The provisions of this chapter shall be controlling over the provisions of any general law or act in conflict herewith in any proceeding taken hereunder.

(Ord. 5415 § 1 (part), 1979)

In the event any proceeding had pursuant to this chapter shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to the general law or laws cited in this chapter, or sections hereof specified in the resolution of intention therein.

(Ord. 5415 § 1 (part), 1979)

One or more projects may be accomplished in a single proceeding.

(Ord. 5415 § 1 (part), 1979)

A.

Resolution of Intention. The resolution of intention adopted pursuant to Section 4.70.201 shall specify the parts of this chapter pursuant to which the proceedings are taken.

B.

References to Resolution of Intention. In all resolutions, notices, orders and determinations, subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement.

(Ord. 5415 § 1 (part), 1979)

A.

Notices When Expressly Provided. No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this chapter, shall be necessary to give validity to any of the proceedings provided for herein.

B.

Failure to Designate Officer. Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of posting or publishing or mailing or procuring the same, is not specifically enjoined upon any officer or person, the city clerk shall post or mail or procure the publication or posting or mailing thereof, as the case may be.

C.

Publication and Filing. Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city, unless fewer publications are provided by general law. If any hearing is therein noticed, the hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law. The filing or recording of any maps, diagram or other documents required to be filed or recorded in the office of the county recorder or in the office of any other public official prior to any hearing or any other event shall be filed or recorded not less than ten days prior to such hearing or event unless a shorter time is provided by general law.

D.

Posting and Mailing. It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless no publication is provided or posting or mailing is necessary to provide jurisdiction. ln such event the posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law.

E.

Where Posted. All documents provided to be posted, other than a notice of improvement, shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the City Hall.

F.

Mailing. When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved as follows:

To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for city taxes, including the utility roll, at said addresses;

In cases of transfers of land, or parts thereof, subsequent to the date on which the last assessor's roll was prepared, to such transferee, at his name and address, as the same appear on the records in the assessor's office which the assessor will use to prepare the next ensuing assessor's roll;

To each person, including the owner or person having an interest in property assessed by the state under Section 19 of Article XIII of the California Constitution, who have filed with the county assessor for the current fiscal year, a statement of his name, address, and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Gov. Code 58905), at said address;

To such person at his address or as otherwise known to the city clerk;

In case of doubt as to the name and address of any owner, the city clerk shall cause the notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on, entering, leaving or passing said property.

G.

Certificates. The certificate of the clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.

(Ord. 5415 § 1 (part), 1979)

If any lot or parcel of land belonging to the United States, or to the state, or to any county, city, public agency, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of a public function, and fronts upon the proposed work, or is included within the district to be assessed to pay the costs and expenses thereof, the board may, in the resolution of intention adopted pursuant to Section 4.70.730, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work.

(Ord. 5415 § 1 (part), 1979)

Whenever any reference is made to any portion of this chapter or to any general law of the state, such reference shall apply to all amendments and additions thereto.

(Ord. 5415 § 1 (part), 1979)

Unless the context otherwise requires, the definitions in this chapter govern the construction of this chapter.

(Ord. 5415 § 1 (part), 1979)

A.

"Beautification facilities" means landscaping, planting, ornamental lighting, planter boxes, signs, and any and all other improvements, structures or facilities intended to improve the appearance of public places.

B.

"Board" means the board of directors or city council of the city.

C.

"Bonds" means bonds and notes, including bond anticipation notes issued pursuant to Sections 4.70.800 through 4.70.860.

D.

"Chapter" means this chapter as now or hereafter amended.

E.

"Charter" means the Charter of the city, as now or hereafter amended.

F.

"City" means the city of Pasadena.

G.

"District" means an urban improvement district formed under this chapter.

H.

"Incidental expenses" means and includes:

The cost of printing and advertising provided for in this chapter;

Fees of legal, engineering, financial, economic, architectural and other consultants employed in connection with any district project;

Cost of preparing engineering, environmental impact and other reports required for any such project;

The cost of any mitigation measures deemed necessary to mitigate adverse environmental effects of any such project;

The compensation of the person appointed to take charge of and superintend any of the work;

The expenses of making the assessment and of preparing and typing the resolutions, notices and other papers and proceedings for any work authorized by this chapter;

The expenses of making any analysis and tests to determine that the work and any materials or appliances incorporated therein comply with the specifications;

All costs and expenses incurred in carrying out the investigations and making the reports required by the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931;

Any other costs and expenses of providing special services to the district which are of special benefit to the properties in the district; and

Any other expenses incidental to the acquisition of property and the construction, completion, inspection, maintenance and operation of work in the manner provided for in this chapter.

I.

"Owner" means the person owning the fee, or the person in whose name the legal title to real property appears, by deed duly recorded in the county recorder's office of the county in which the real property is situated, or the person in possession of the real property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, or guardian of the owner, and who is legally responsible for payment of any special assessments levied against the real property.

J.

"Parking and Business Law" means the Parking and Business Improvement Area Law of 1965, being Part 5 (commencing with Section 36000) of Division 18 of the Streets and Highways Code.

K.

"Parking Facility or "Facilities" means and includes a parking lot, garage or subsurface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such facilities.

L.

"Project" means the acquisition or construction of specific parking facilities, beautification facilities and any auxiliary or related work and improvements for a district.

M.

"Related Private Work" means work done on private property determined in the resolution of intention to be in the public interest and necessary to the achievement of the public purposes sought to be accomplished by the project to include such work in the proceedings. The actual cost of such work may be assessed against the property on which the work is done.

(Ord. 5415 § 1 (part), 1979)

Whenever the board determines that any area of the city is in need of any or all of the various public improvements and services authorized to be provided hereunder, it may indicate proceedings for formation of a district under this chapter by the adoption of a resolution of intention to form the district.

(Ord. 5415 § 1 (part), 1979)

The resolution of intention shall state:

A.

The name and number, if any, of the proposed district;

B.

That it is the intention of the board to form a district pursuant to this chapter;

C.

A description of the boundaries of the proposed district; the description may be general only and may refer to a map on file in the office of the director of public works, which map shall show the boundaries of the proposed district and shall govern for all its details;

D.

The purposes for which the district is proposed to be formed, the public improvements and services proposed to be provided and the actions proposed to be taken by the board on behalf of the proposed district as authorized under Section 4.70.030;

E.

That the director of public works or other competent person is directed to prepare and file with the city clerk a report showing the following:

An estimate of the total amount of money required to finance each category of improvements, actions and services proposed to be provided for the district as identified pursuant to subsection D of this section, including incidental expenses,

The total assessed valuation of real property within the proposed district as shown on the last equalized assessment roll,

An estimate of the annual revenues, if any, which can be expected to be derived from the improvements, actions or services to be provided the district,

A map showing the boundaries of the proposed district;

F.

That assessments are proposed to be levied and bonds are proposed to be issued pursuant to this chapter to finance the proposed improvements, actions and services described in the subsection D and the bond plan or plans under which they are proposed to be issued, as identified in Sections 4.70.800 through 4.70.860;

G.

The information required in Section 36021, of the Parking and Business Law if the board intends to exercise the powers therein granted pursuant to subsection F of Section 4.70.030.

(Ord. 5415 § 1 (part), 1979)

When the report provided for in subsection E of Section 4.70.202 is filed with the clerk, it shall be presented to the board for consideration. The board may modify it in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this chapter.

(Ord. 5415 § 1 (part), 1979)

After passing on the report, the board, by resolution, shall appoint a time and place for hearing protests to and testimony regarding the formation of the district and shall direct the city clerk to give notice of the hearing as provided in this chapter.

The hearing shall be held not less than 10 days after the passage of the resolution.

(Ord. 5415 § 1 (part), 1979)

After the passage of the resolution of intention, the filing of the report, and the setting of the time and place for hearing protests, the city clerk shall cause notices of the passage of the resolution to be posted. The notices shall be posted conspicuously on all public streets and alleys within the proposed district, not more than 300 feet apart on each such street and alleys, but not less than three posters in all.

(Ord. 5415 § 1 (part), 1979)

The notices shall:

A.

Be headed "notice of proposed formation of ......................... urban improvement district" (naming it), in letters of not less than one inch in height;

B.

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

C.

Briefly describe the improvements, actions and services proposed to be made or provided on behalf of the district;

D.

Set forth the estimates of cost and revenues as stated in the report;

E.

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

(Ord. 5415 § 1 (part), 1979)

The clerk shall also cause a notice similar in substance to the notice described in Section 4.70.206 to be published in the official newspaper. The notices shall be posted and first published at least 10 days before the date set for hearing of protests.

(Ord. 5415 § 1 (part), 1979)

No proceeding shall be held invalid for failure to post any street or streets if Sections 4.70.205 through 4.70.207 have been substantially complied with.

(Ord. 5415 § 1 (part), 1979)

At least 10 days before the date set for hearing of protests, the clerk shall mail, postage prepaid, notices of the adoption of the resolution of intention and the filing of the report as required by subsection F of Section 4.70.060 and Section 36022 of the Parking and Business Law, if applicable.

(Ord. 5415 § 1 (part), 1979)

The notice shall contain the information required by subsections B, C, and D, of Section 4.70.206 and a statement that any person interested may file a protest in writing as provided in this chapter.

(Ord. 5415 § 1 (part), 1979)

Upon completion of the mailing of notices, the city clerk shall file with the board a certificate setting forth the time and manner of the compliance with the requirements of this chapter for publishing, posting, and mailing notices.

(Ord. 5415 § 1 (part), 1979)

The provisions of Sections 3100, 3101, 3110 to 3112 to 3115, inclusive, 3116 and 3117 of the Streets and Highways Code shall apply.

(Ord. 5415 § 1 (part), 1979)

Any interested person may object to the proposed formation and to the extent of the proposed district, or to the proposed assessment or to the proposed improvements, actions or services, or to the estimates of cost or to the proposed issuance of bonds by filing a written protest with the city clerk at or before the time set for the hearing. Such protest must contain a description of the property in which each signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The clerk shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the board all protests so filed.

(Ord. 5415 § 1 (part), 1979)

Oral protests, further written protests and written or oral testimony may be presented at any time prior to the closing of the hearing and shall be duly considered by the board in reaching its decision.

(Ord. 5415 § 1 (part), 1979)

Any written or oral protest not made at the time and in the manner provided in Section 4.70.213 or 4.70.214 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 district, the extent thereof, the proposed assessment, the proposed improvements, actions, and services, the issuance of bonds, and any other act, determination, or proceeding on which protest could be made.

(Ord. 5415 § 1 (part), 1979)

The board may remedy, revise, and correct any error or informality in any act, determination, or proceeding of the board or any officer of the city. The board may confirm, amend, alter, modify, or correct the report in such manner as to it shall be just and may instruct and direct the person or board making the same to correct it in any particular.

(Ord. 5415 § 1 (part), 1979)

If the protests filed pursuant to Section 4.70.213 and on file with the clerk at the time fixed for the hearing are against the proposed district and the board finds that such protests are made by the owners of more than one-half of the area of the land to be assessed and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the board on the hearing. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing.

(Ord. 5415 § 1 (part), 1979)

At the hearing the board shall hear and determine all protests filed.

(Ord. 5415 § 1 (part), 1979)

The board's decision on the protests shall be final and conclusive.

(Ord. 5415 § 1 (part), 1979)

The hearing may be continued from time to time at the discretion of the board.

(Ord. 5415 § 1 (part), 1979)

At the hearing the board may alter the boundaries of the proposed district as it finds to be proper and advisable and shall define and establish the boundaries, but the board shall not modify the boundaries so as to include any territory which will not in its judgment be benefitted by the proposed district, improvements, services or actions and no territory shall be excluded from the proposed district which will in the judgment of the board be benefitted by the proposed district, improvements, services or actions.

(Ord. 5415 § 1 (part), 1979)

At the hearing the board may increase, decrease, change or otherwise modify the improvements, services or actions to be made, and the estimated cost thereof, but the board shall not do so, without first procuring from the director of public works, or other competent person, a supplemental report showing the effect thereof upon the estimates and other data given in the original report.

(Ord. 5415 § 1 (part), 1979)

If the board proposes to make changes in the boundaries of the proposed district or in the improvements, services or actions it shall take the proceedings required by Sections 4.70.224 to 4.70.226 inclusive, and shall continue the hearing to the time fixed for hearing objections to the proposed changes.

(Ord. 5415 § 1 (part), 1979)

The board shall not change any boundaries or improvements, services or actions except after notice of intention to do so is published in the official newspaper. The notice shall specify a time for hearing objections to the proposed change, which shall be not less than 10 days after the first publication of the notice. If a change proposed is to include additional real property in the district, the city clerk shall also mail a copy of the notice, postage prepaid, to each owner to whom real property in the area proposed to be added is assessed as shown on the last equalized assessment roll, at his address as shown upon the roll, and to each person, whether owner in fee or having a lien upon, or legal or equitable interest in, any such real property, whose name and address and a designation of the real property in which he is interested is on file in the office of the clerk. The notice shall be mailed at least ten days prior to the time set for hearing objections.

(Ord. 5415 § 1 (part), 1979)

The provisions of Section 3113 of the Street and Highways Code shall apply.

(Ord. 5415 § 1 (part), 1979)

Written objections to any proposed change may be filed with the city clerk by any interested person at any time prior to the hour set for hearing them.

(Ord. 5415 § 1 (part), 1979)

The board shall hear and pass upon objections to proposed changes at the time appointed or at any time to which the hearing may be continued. Its decision shall be final.

(Ord. 5415 § 1 (part), 1979)

If the boundaries are changed, protests objecting to the formation of the district made by owners of real property excluded by the change shall not be counted in computing a majority protest as provided in this chapter, but written protests objecting to the formation of the district made by owners of real property remaining in the district and by the owners of real property added by the change and filed not later than the time fixed for hearing objections to such change shall be counted in computing a majority protest as provided in this chapter.

(Ord. 5415 § 1 (part), 1979)

At the conclusion of the hearing fixed by the resolution of intention, if no majority protest is on file and if all protests and objections, including protests and objections to changes, have been overruled and denied, the board may proceed further under this chapter and may adopt a resolution declaring that the district is formed and describing the improvements, services and actions to be made and the parking and business improvement area, if any.

(Ord. 5415 § 1 (part), 1979)

Any objections or protests not made at the time and in the manner provided in this chapter are deemed waived voluntarily. Proceedings under this chapter shall not be attacked after the conclusion of the hearing upon any ground not stated in an

objection or protest filed pursuant to this chapter.

(Ord. 5415 § 1 (part), 1979)

The resolution which declares that the district is formed shall be filed in the office of the city clerk. Upon such filing in the office of the city clerk, the district is organized. No action or proceedings which contests the validity of the district or its organization shall be had or taken in any court, state or federal, unless it is commenced within 30 days from the date of the filing of the resolution declaring that the district is formed in the office of the city clerk.

(Ord. 5444 § 1, 1979: Ord. 5415 § 1 (part), 1979)

The board may increase, decrease, change or otherwise modify the improvements, services or actions to be made, and the estimated cost thereof, at any time after the district is formed. No such action shall be taken without a supplemental report, notice and hearing as required by Sections 4.70.222, 4.70.224, 4.70.226 and 4.70.227.

(Ord. 5415 § 1 (part), 1979)

The resolution ordering changes shall be filed in the office of the city clerk.

(Ord. 5444 § 2, 1979: Ord. 5418 § 1 (part), 1979)

No action, proceeding or defense to correct, set aside, cancel, avoid, annul or otherwise attack any proceedings under this chapter up to and including the filing of the resolution declaring the district formed shall be maintained by any person unless such action, proceeding or defense is commenced or made within 30 days after the filing of such resolution. No action, proceeding or defense to correct, set aside, cancel, avoid, annul or otherwise attack any proceedings under this chapter taken subsequent to the filing of the resolution, including but not limited to proceedings taken and determinations made pursuant to this chapter hereinafter set forth, shall be maintained by any person unless such action, proceeding or defense is commenced or made within 30 days after the taking of such proceedings.

(Ord. 5444 § 3, 1979: Ord. 5415 § 1 (part), 1979)

An action to determine the validity of the district and of the proceedings conducted in connection therewith pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose, the district shall be deemed to be in existence upon the date of filing of the resolution declaring the district formed in the office of the city clerk pursuant to Section 4.70.231.

(Ord. 5444 § 4, 1979: Ord. 5415 § 1 (part), 1979)

Territory which is contiguous to any existing urban improvement district and which is within the boundaries of the city and which is not within the boundaries of any other urban improvement district formed pursuant to this chapter may be annexed to any existing urban improvement district by the board.

(Ord. 5415 § 1 (part), 1979)

Whenever the board determines and finds that additional territory will be benefitted by annexation to the district, it may adopt a resolution to that effect.

(Ord. 5415 § 1 (part), 1979)

The resolution shall do all of the following:

A.

Describe the boundaries of the territory proposed to be annexed;

B.

Designate the proposed annexation by an appropriate number;

C.

Declare that the area to be annexed to the district will be benefitted by such annexation;

D.

Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

(Ord. 5415 § 1 (part), 1979)

The resolution shall be published, posted, and mailed as provided in Sections 4.70.205, 4.70.207, and 4.70.209, except that in applying such sections the word "district" shall mean the territory proposed to be annexed.

(Ord. 5415 § 1 (part), 1979)

On the day fixed for the hearing, or any day to which the hearing is continued, the board shall hear and consider any objections presented to the annexation of the territory to the district or to the inclusion of any territory proposed to be annexed. At the hearing the board shall exclude from the proposed annexation any territory which in its opinion will not be benefitted by such annexation.

(Ord. 5415 § 1 (part), 1979)

After making all necessary and proper changes in the boundaries, the board may, by resolution, order the annexation to the district of all or such part of the territory originally proposed to be annexed as the board determines will be benefitted by such annexation and shall describe the boundaries of the territory annexed. This resolution, together with the names of the members of the board voting for and against the resolution, shall be spread upon the minutes of the board. The resolution shall be filed in the manner and with the same force and effect as provided in Section 4.70.231, and an amended boundary map shall be recorded as provided in Section 4.70.225.

(Ord. 5444 § 5, 1979: Ord. 5415 § 1 (part), 1979)

Upon the filing of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to all the benefits of the district.

(Ord. 5444 § 6, 1979: Ord. 5415 § 1 (part), 1979)

Territory within any urban improvement district may be withdrawn from such district pursuant to Division 1 (commencing with Section 56000) of Title 6 of the Government Code.

(Ord. 5415 § 1 (part), 1979)

At any time after a district becomes authorized to transact business and exercise its powers, the board may appropriate to the district such amounts as the board deems necessary for the administrative expenses and overhead of the district. The money appropriated may be paid to the district as a grant to defray the expenses and overhead, or as a loan to be repaid upon such terms and conditions as the board may provide.

In addition to the common understanding and usual interpretation of the term, "administrative expense" includes, but is not limited to, expenses of district planning and dissemination of district information.

(Ord. 5415 § 1 (part), 1979)

Each district transacting business and exercising powers under this chapter shall annually submit to the board a proposed budget of its administrative expenses.

(Ord. 5415 § 1 (part), 1979)

The board may adopt an annual budget for the administrative expenses of the district in such amounts as it deems necessary and may provide such conditions and restrictions upon the expenditure or encumbrance of the money appropriated pursuant to the budget as it deems advisable.

(Ord. 5415 § 1 (part), 1979)

The money appropriated for administrative expenses shall be kept in the city treasury in a special fund to be known as the urban improvement district (naming it) administrative fund, and money shall be drawn from the fund to meet the administrative expenses of the district in substantially the same manner as money is drawn by other agencies and departments of the city subject to budgetary control.

(Ord. 5415 § 1 (part), 1979)

The money appropriated by the board to such an administrative fund is money granted by the city to defray the administrative expenses of the district which is performing a public function of the city.

(Ord. 5415 § 1 (part), 1979)

Each district shall file with the board a detailed report of all its transactions, including a statement of all revenues and expenditures, at monthly, quarterly, or annual intervals as the board may prescribe.

(Ord. 5415 § 1 (part), 1979)

The board may provide for the furnishing of services by, and the use of facilities of, any department, office or agency of the city in order to achieve the purposes of any district. The furnishing of such services and the use of such facilities of any such department, office or agency shall be upon such terms and conditions as may be approved by the board, and subject to reimbursement of the appropriate funds of the city for the reasonable value thereof, insofar as such reimbursement may be legally made from district funds.

(Ord. 5415 § 1 (part), 1979)

At any time after it has adopted a resolution declaring that a district has been formed, the board may establish a _______ urban improvement district (naming it) revolving fund to be kept in the city treasury.

(Ord. 5415 § 1 (part), 1979)

The board may appropriate money to be deposited in the urban improvement district revolving fund.

(Ord. 5415 § 1 (part), 1979)

Any money in a district revolving fund may be expended from time to time by resolution of the board for:

A.

The acquisition of real property in any district;

B.

The clearance, aiding in relocation of site occupants, and preparation of the site for any project area improvement;

C.

The construction of beautification facilities, parking facilities or related private work;

D.

The payment of incidental expenses.

(Ord. 5415 § 1 (part), 1979)

All money received by the district from the sale, lease, or encumbering of property acquired with money from a district revolving fund in excess of the money required to repay the loans and interest thereon authorized by this chapter shall be redeposited in the fund.

(Ord. 5415 § 1 (part), 1979)

The board may abolish any district revolving fund whenever it finds that the purposes for which it was established have been accomplished.

The board may withdraw money from any district revolving fund whenever and to the extent that it finds that the amount of money therein exceeds the amount necessary to finance existing or planned purposes for which its expenditure is authorized by the provisions of this chapter. All money withdrawn from the fund by reason of its being reduced in size, or its abolition, and all money which, after abolition, would have been required to be deposited or redeposited in the fund, shall be transferred to the general fund of the city, or such other fund as directed by the board.

(Ord. 5415 § 1 (part), 1979)

The board may create an urban development district committee for each district formed under this chapter.

(Ord. 5415 § 1 (part), 1979)

Each such committee shall consist of 5 members who shall be appointed by the board. Each member shall serve at the pleasure of the board for a term of 4 years or until the appointment and qualification of a successor.

(Ord. 5415 § 1 (part), 1979)

The committee shall meet within one month of its formation and establish itself by electing a chairman, vice-chairman, and secretary to serve at the pleasure of the committee. All meetings shall be subject to the provisions of the Ralph M. Brown Act. A regular time and place of meetings shall be established.

(Ord. 5415 § 1 (part), 1979)

The committee shall study, investigate and hold the public hearings on the problems arising in the district with respect to its purposes.

The committee shall make recommendations to the board or any other board or committee of the city with respect to any action which the committee believes should be taken or upon which it has been requested to advise.

(Ord. 5415 § 1 (part), 1979)

At any time after the formation of any district pursuant to Sections 4.70.201, et seq., the board may identify and accomplish any specific project for the district in the manner provided in this chapter.

(Ord. 5417 § 1, 1979: Ord. 5415 § 1 (part), 1979)

A.

Necessity of Improvement. When it appears that the public convenience and necessity require a project and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on the question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this section.

B.

Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed project and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the board should not find and determine that the public convenience and necessity require the proposed project without compliance with the investigation act.

C.

Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published twice in the official newspaper and a copy shall be posted on or near the council chamber door or on a bulletin board in or adjacent to the City Hall. The posting and first publication shall be had at least ten days before the date of hearing. The resolution may be consolidated with the resolution of intention provided for in Section 4.70.730 and the notice may be incorporated in the notice of improvement provided for in Section 4.70.780.

D.

Objections. Any interested person may object to undertaking the proceedings without first complying with the provisions of the investigation act.

E.

Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the board may adopt a resolution finding and determining that the public convenience and necessity require the proposed project and that the investigation act shall not apply. The finding may be incorporated in the resolution ordering the project.

F.

Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modifications shall be deemed a resolution ordering the project as to the changes and modifications.

G.

Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the board, and its finding and determination shall be final and conclusive.

H.

Nonapplication. This section shall not apply to a proceeding which is excepted from the provisions of the investigation act, or when the investigation proceedings have been avoided or taken pursuant to the Act.

I.

Finality. When proceedings for any project or any part thereof have been undertaken without compliance with the investigation act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the board determining convenience and necessity therein shall be final and conclusive.

(Ord. 5415 § 1 (part), 1979)

Upon formation of a district pursuant to Sections 4.70.201 et seq., the board may identify a specific project to be undertaken for and on behalf of the district. Such project shall be briefly described in a resolution of intention to acquire and construct the project which resolution shall also set forth whether Sections 4.70.750 and 4.70.760, or both, of this chapter shall apply, and shall direct the director of public works to prepare a report on the project.

(Ord. 5415 § 1 (part), 1979)

The report shall consist of:

A.

Plans and drawings in sufficient detail to identify the proposed improvements;

B.

Maps and descriptions of lands, easements and rights to be acquired;

C.

The estimated cost of such acquisitions and improvements and related private work and the incidental expenses thereof;

D.

A proposed assessment and assessment diagram if proceedings are proposed under Section 4.70.750;

E.

A proposed assessment formula if the proceedings are proposed under Section 4.70.760;

F.

In setting forth the estimated principal amounts of bonds proposed to be issued, the person preparing the report may include:

All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project,

All engineering, inspection, legal and fiscal agent's fees, costs of the issuance of the bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve months after completion of construction.

(Ord. 5417 § 2, 1979: Ord. 5415 § 1 (part), 1979)

When the resolution of intention refers to this section, the provisions of the Municipal Improvement Act of 1913 shall apply.

(Ord. 5415 § 1 (part), 1979)

When the resolution of intention refers to this section, the provisions of this chapter relating to Bond Plan C shall apply.

(Ord. 5415 § 1 (part), 1979)

The report shall be prepared and filed with the city clerk and presented to and reviewed and passed upon by the board in the manner provided in Section 4.70.203.

(Ord. 5415 § 1 (part), 1979)

Thereupon, proceedings for notice and hearing on the resolution of intention and report and confirmation of the assessment and the ordering of the work and the approval of the project and the authorizing of the issuance of bonds shall be taken in the form and manner required by the Municipal Improvement Act of 1913 and in the time provided by this chapter.

(Ord. 5415 § 1 (part), 1979)

When bonds are to be issued in any proceeding had and taken in connection with any project, pursuant to this chapter, the same shall be issued, paid and collected in accordance with the following sections.

(Ord. 5415 § 1 (part), 1979)

When the board has determined that bonds shall be issued to represent the cost and expenses of any proposed work or improvement or of the 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 and the maximum interest rate which they shall bear.

(Ord. 5415 § 1 (part), 1979)

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.

B.

Date. The bonds shall be dated as the board shall determine.

C.

Series. The bonds may be issued in more than one series having different dates and dates from which interest shall run.

D.

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

(Ord. 5415 § 1 (part), 1979)

A.

Sale of Bonds. When any bonds issued hereunder are to be sold, they may be sold by the board 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 board otherwise determines.

(Ord. 5415 § 1 (part), 1979)

A.

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

(Ord. 5415 § 1 (part), 1979)

A.

Powers. When bonds are issued pursuant to this plan, the Improvement Bond Act of 1915 shall apply.

(Ord. 5415 § 1 (part), 1979)

A.

Powers. The board may issue vehicle off-street parking bonds upon any district created pursuant to this chapter to finance the cost of acquiring, constructing, improving and extending vehicle off-street parking facilities and incidental expenses.

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 of this section and to permit the bond fund to receive the proceeds of pledges and assignments 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 board determines that bonds shall be issued under this section to finance all or part of the cost of any project, it shall declare in its resolution of intention therefor that the proceedings shall be conducted pursuant to Section 4.70.760 and bonds shall be issued in the total amount of the cost of the project, exclusive of contributions and exclusive of any portion financed by other bond plans or financing methods, pursuant to this section.

D.

Redemption Fund. A fund to be designated Bond C, Series No._______, Interest and Redemption Fund, in this section called "the bond fund," shall be created and maintained for each issue of bonds.

E.

Trust Fund. All moneys pledged and assigned or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied therefor, as provided in this chapter, 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.

F.

Budget. The director of finance shall annually cause to be prepared a budget for each bond issue hereunder, which shall include the following:

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

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

The amount estimated to become available therefor pursuant to any pledge and assignment of revenues in the assessment proceedings from any revenues which may be provided to be collected by the city on any parking facilities in or for the district created for the bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

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

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;

The balance of the amount provided in subdivision 1 of this subsection together with the amount necessary to pay any and all costs and expenses of maintaining and operating the parking facilities then due or thereafter to accrue before the proceeds of another levy shall be available therefor.

G.

Benefit Assessments. The amount provided in subdivision 6 of subsection F of this section, including adequate provision for anticipated delinquencies, shall be raised by an annual assessment on all real property within the district.

The annual apportionment of benefits in the levy of annual assessments upon the real property within the proposed assessment district shall be levied in accordance with the formula set forth in the report provided in Section 4.70.740 and confirmed by the board pursuant to Section 4.70.780. Such 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.

The formula 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 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 ordinance, or any other reasonable method.

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.

The report shall show the various data, rates and factors necessary to compute the annual assessments.

H.

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 board. 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.

I.

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

J.

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.

K.

Hearing. The report shall come on regularly for hearing by the board at its regular meeting held on the second Tuesday of June in each year.

L.

Publication and Posting. The city clerk shall cause notice of the hearing on the report to be published once in a newspaper of general circulation in the city and to be posted in the district.

M.

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 to all interested owners of property in the assessment district.

N.

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 K of this section. If, for any reason, the report cannot be heard on the date, the clerk shall fix another date, and shall mail notice of the 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 produce a relatively higher assessment thereon than in the preceding year.

O.

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 ____, 20

 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 assessments on the properties within the urban development 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 20___, _______ upon the several parcels of real property in the district, which report is open to public inspection.

Said report will be heard by the board at its meeting to be held on the ___ day of ____, 20, at the hour of _____ o'clock _____ m., Council Chambers, City Hall, Pasadena, California, at which time said board 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 such person, may file with the city clerk, at or before the hour fixed for hearing, a protest in writing signed by such person, describing the parcel so that it may be identified, and stating the grounds for the protest, and may appear at said hearing and be heard in regard thereto.

P.

Notice—Mailing. The form of mailed notice shall be substantially as set forth in subsection O 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 the parcel as set forth in the report.

Q.

Protests. The clerk shall endorse on each protest the date it is filed with the clerk, and shall show whether the 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 board may, in its discretion, consider the protests in making its decision.

R.

Public hearing. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the board shall:

Hear all persons having an interest in any real property within the district;

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

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

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; and

Amend, alter, modify, correct and confirm the report and each of the assessments therein.

S.

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

T.

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

U.

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 the special assessment levy, and the assessed real property, if sold for taxes, shall 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.

All of the provisions of Part 13, commencing with Section 8800, of Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) relating to sale of delinquent property are applicable to delinquent assessments levied under this section, except that Sections 8804 and 8809 shall not apply.

All of the provisions of Part 14, commencing with Section 8830, of Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915), relating to foreclosure by action, are also applicable to delinquent assessments levied under this section. The city may covenant, in the resolution providing for the issuance of bonds, that it will initiate the foreclosure action therein authorized promptly upon the occurrence of a delinquency and prosecute such action to conclusion with due diligence.

V.

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.

W.

Contributions. The board may annually, at, or prior to, the time the levy is made, or at such other time as it determines, transfer to the bond fund such amount or amounts as it determines.

X.

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

Y.

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 the omission is discovered, and appropriate provisions shall be made in the report for the year.

Z.

Reassessment. When any court of competent jurisdiction, or the board 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 board may levy a reassessment.

The engineer's report on reassessment shall be prepared and filed on order of the board, 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 U of this section 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 chapter. If any reassessment levied under this subsection or any other part of this chapter is held invalid for any reason, the board may conduct additional reassessment proceedings under this chapter, or any state law, to the end that the cost of the project is paid by the properties benefitted thereby.

AA.

Reassessment—Lien. The lien of any reassessment shall attach at the same time and have the same priority as the lien of the original assessment.

BB.

Security for Existing Bonds. If any invalidity is not in the bonds themselves or in the issuance thereof, the board 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.

CC.

Exchange of Existing Bonds. If the invalidity is in the bonds themselves or in the issuance thereof, or if the board 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 board shall so determine, it may assign different bonds and allot maturities as it deems equitable.

DD.

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.

EE.

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 California Code of Civil Procedure.

FF.

Supplemental Remedies. The supplemental security and remedy provisions of Part 13 (commencing with Section 8800) of Division 10 of the Streets and Highways Code shall apply to each separate issue or series of bonds issued to finance a specific project. This section is adopted pursuant to Section 43240 of the California Government Code.

GG.

Assessment Levy for Unsold Bonds—Use of Proceeds. Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the California Government Code shall apply to bonds issued pursuant to this section; except, that the proceeds referred to in Section 5404 of the Government Code shall be used only for some purpose which is of special benefit to the district including, but not limited to, the payment of or reimbursement for such of the costs and expenses listed in subsection H of Section 4.70.101 as have already been paid or incurred for the benefit of the district and which could have been included in determining the amount of bonds to be issued, or the payment of principal of or interest on bonds previously issued on behalf of the district.

(Ord. 5417 §§ 3, 4, 1979; Ord. 5415 § 1 (part), 1979)

All objections not made within the time and manner provided are waived.

(Ord. 5415 § 1 (part), 1979)

All decisions and determinations of the board upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied and as to illegalities not amounting to a want of due process of law.

(Ord. 5415 § 1 (part), 1979)

The notice to pay assessments under the Municipal Improvement Act of 1913, and a notice confirming assessment or reassessment under any other procedure herein, shall have like curative effect as the notice of award under the Improvement Act of 1911.

(Ord. 5415 § 1 (part), 1979)

This chapter shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the board to order the work or improvement, shall void or invalidate such proceeding or any assessment for the cost of any work or acquisition hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the board in accordance with the provisions of this chapter.

(Ord. 5415 § 1 (part), 1979)

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

(Ord. 5415 § 1 (part), 1979)

No assessment, reassessment, supplemental assessment, warrant, diagram or bond, or any of their levy or issuance, and no proceedings for same shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as provided in this chapter.

(Ord. 5415 § 1 (part), 1979)

No proceeding shall be held to be invalid upon the ground that the property upon which the work or improvement or part thereof is to be or was done, had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action.

(Ord. 5415 § 1 (part), 1979)

No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or reassessments or supplemental assessments shall be maintained by any person unless such action, suit or proceedings shall have been commenced within 30 days after the acquisition or improvement has been ordered or such assessment shall have been confirmed.

(Ord. 5415 § 1 (part), 1979)

Where such proceedings are for an annual levy, the period shall be 30 days after the ordering of the levy with reference to the levy as to any levy, and 30 days after ordering the issuance of the bonds with reference to their issuance as to any bonds. If such action or suit is not brought within the time herein specified, all persons shall be barred from any such action.

(Ord. 5415 § 1 (part), 1979)

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such 30-day period.

(Ord. 5415 § 1 (part), 1979)

The board, at any time after the adoption of the resolution of intention, the proposed contractor, at any time after the award of the contract to him or the proposed purchaser of any bonds to be issued, at any time after the award of the bonds to him, may bring an action in the Superior Court of the state in and for the county to determine the validity of any such proceedings and of such proposed contract, or of the assessment or tax levied or to be levied, or of the bonds issued or to be issued.

(Ord. 5415 § 1 (part), 1979)

The validation procedure of the Improvement Act of 1911 shall apply.

(Ord. 5415 § 1 (part), 1979)

A.

Authorized. If in the opinion of the board, 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 applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost of the project, or if the board determines that the public interest will be served thereby, a reassessment may be had.

B.

Uncompleted Improvement. Where the assessment was for an uncompleted improvement a reassessment may be had notwithstanding the improvement is not completed. In such case the reassessment shall assess upon the lands benefitted the benefits derived from the improvement or to be derived from the improvement when completed.

C.

When and How Much. The reassessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating one-third of the principal amount outstanding, or upon order of the board, and shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915. Nothing contained herein shall prevent the board from ordering a reassessment on its motion, and its decision so to do shall be final.

D.

Interest. In the resolution ordering the reassessment, the board shall determine whether the reassessment shall include interest and if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the reassessment shall bear interest at a rate and from a date certain.

E.

Payment. If the bonds have not been issued, or if the bonds outstanding are not to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for the original assessment.

(Ord. 5415 § 1 (part), 1979)