Chapter 4.95 — PUBLIC WORKS BENEFIT ASSESSMENT DISTRICTS

This chapter shall be known and may be cited as the "public works benefit assessment districts ordinance."

(Ord. 6092 § 1 (part), 1985)

This chapter shall provide a procedure for the formation of benefit assessment districts as an alternative to any benefit assessment districts found in the statutes of the state. The enactment of this chapter shall not preclude the city from utilizing the statutory procedures should city deem them more appropriate.

(Ord. 6092 § 1 (part), 1985)

A benefit assessment district shall consist of all territory which, as determined by the board of directors, will be benefitted by the improvements and is to be assessed to pay the costs thereof.

(Ord. 6092 § 1 (part), 1985)

An assessment district may consist of contiguous or noncontiguous areas. The improvements in one area may or may not be of benefit to other areas.

(Ord. 6092 § 1 (part), 1985)

The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of the Streets and Highways Code, pertaining to the extension of the work of the benefit assessment district beyond the boundaries of the city, are incorporated by reference in this chapter.

(Ord. 6092 § 1 (part), 1985)

The provisions of Division 4 (commencing with Section 2800) and Division 4.5 (commencing with Section 3100) of the Streets and Highways Code shall not apply to this chapter or proceedings taken pursuant thereto.

(Ord. 6092 § 1 (part), 1985)

Any resolution, notice, report, diagram or assessment which is required to contain a description of the improvements, the boundaries of the benefit assessment district or any zones therein, or the lines and dimensions of any lot or parcel of land may, for a full and detailed description thereof, refer to any plan or map which is on file with the city clerk, the county auditor or the county assessor, and which is open to public inspection. A map or plan so referred to shall govern for all details of the description.

(Ord. 6092 § 1 (part), 1985)

This chapter shall be liberally construed to effectuate its purpose. Any proceedings taken pursuant to this chapter, and any assessment levy pursuant thereto, shall not be invalidated for failure to comply with the provisions of this chapter if such failure does not substantially and adversely affect the rights of any person. All determinations made by the board of directors pursuant to this chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

(Ord. 6092 § 1 (part), 1985)

In any proceeding for the making of an improvement authorized pursuant to this chapter, the board of directors may order any acquisition of land, rights-of-way or easements necessary or appropriate in connection with such improvement, and assess the cost of such acquisition as a part of the incidental expenses of such improvement. The city is authorized to advance the costs of such acquisition from its general funds, and thereafter reimburse such general funds as a part of the incidental expenses of such improvement. As appropriate, acquisitions may be accomplished through the power of eminent domain, commencing with Section 1230.010 of the Code of Civil Procedure.

(Ord. 6092 § 1 (part), 1985)

The definitions contained in this section govern the construction of this chapter unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof.

A.

"Benefit assessment district" means an assessment district formed pursuant to this chapter.

B.

"Engineer" means the director of public works or any other person designated by the board of directors as the engineer for the purposes of this chapter, including any officer, board member or employee of the city, or any private person or firm specially employed by the city as engineer for the purposes of this chapter.

C.

"Fiscal year" means the 12-month period commencing on July 1st and ending on the following June 30th.

D.

"Improvement" means the installation, construction, maintenance and/or servicing of any public works which the city is otherwise authorized to construct, install, maintain and/or service. This shall specifically include, without limitation, all

improvements as defined by Sections 5101 and 22525 of the Streets and Highways Code.

E.

"Incidental expenses" means:

The cost of preparation of the engineer's report, including plans, specifications, estimates, diagrams and assessments;

The cost of printing, advertising and the giving of published, posted and mailed notices;

Compensation payable to the county for collection of assessments;

Compensation of any engineer or attorney employed to render services in proceedings pursuant to this chapter;

Any other expenses incidental to the construction or installation of the improvements or to the maintenance and servicing thereof.

F.

"Including," unless otherwise expressly limited, means including without limitation.

G.

"Notice" includes any resolution, order, notice or other instrument authorized or required by this chapter to be published, posted or mailed.

H.

"Property owner" means any person shown as the owner of land on the last equalized county assessment roll; when such person is no longer the owner, then any person entitled to be shown as owner on the next county assessment roll, if such person is known to the city; where land is subject to a recorded written agreement of sale, any person shown therein as purchaser.

I.

"Public agency" means the state or federal governments, any city, city and county, county, or other public corporation formed pursuant to charter, general law, or special act, for the performance of governmental or proprietary functions within limited boundaries, and any department, board, commission, independent agency or instrumentality of any of the foregoing.

J.

"Public places" means any publicly owned property either in use in the performance of a public function or to be used in the performance of a public function upon which the installation of the improvements herein, including, without limitation, any public building, street, highway, road, alley, lane, boulevard, park or parkway will take place.

K.

"Public utility" means any public utility subject to the jurisdiction of, and regulated by, the Public Utilities Commission of the state.

L.

"Zone" means all territory within an assessment district which will receive substantially the same degree of benefit from the improvements.

(Ord. 6092 § 1 (part), 1985)

A.

The clerk shall give notice or cause the same to be given in accordance with this chapter.

B.

Published notice shall be made pursuant to Section 6061 of the Government Code.

C.

A mailed notice of hearing shall not be required upon the formation of a new benefit assessment district, or annexation, detachment, dissolution or consolidation of an existing district, as provided in this chapter, if the clerk publishes a notice in accordance with Section 6066 of the Government Code.

D.

Publication of notice of hearing shall be completed at least 10 days prior to the date of hearing specified in this chapter.

E.

Posted notices, other than of hearings for the formation of a benefit assessment district or for the annexation of territory to an existing district, shall be made by posting upon any official bulletin board customarily used by the city for the posting of notice.

F.

Posted notices of hearings for the formation or consolidation of a benefit assessment district or for the annexation of territory to an existing district, shall be headed "Public Notice" in letters at least 1 inch in height. The notice, not less than 3 in all, shall be posted at intervals of not more than 300 feet along all streets within the proposed benefit assessment district or within the territory proposed to be annexed to or consolidated with an existing district, as the case may be. Posting of notice of those hearings shall be completed at least 10 days prior to the date of the hearing specified in this chapter.

G.

Notwithstanding subsection F of this section, notices of hearings for the formation or consolidation of a benefit assessment district, or for the annexation of territory to an existing district, need not be posted when such notices are mailed to all property owners, whether resident or nonresident, within the district as provided herein.

H.

Mailed notice shall be sent by first-class mail and deposited, postage prepaid, in the United States mails and shall be deemed given when so deposited. Mailed notices to property owners shall be given by mailing notice to those property owners as the term is defined in this chapter.

I.

Mailed notice may be dispensed with as to all property owners who have filed a written request for inclusion within an existing or proposed assessment district.

(Ord. 6092 § 1 (part), 1985)

A.

The engineer shall prepare reports in accordance with this section.

B.

A report shall be prepared for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described in the report.

C.

A report shall refer to the benefit assessment district by its distinctive designation, specify the fiscal year to which the report applies and, with respect to that year, shall contain:

Plans and specifications for the improvements;

An estimate of the costs of the improvements;

A diagram for the benefit assessment district; and

An assessment of the estimated costs of the improvements.

D.

The plans and specifications shall show and describe existing and proposed improvements. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location and extent of the improvements. If the benefit assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The plans or specifications may be prepared as separate instruments and either or both may be incorporated in the diagram as a combined instrument.

E.

The estimate of costs of the improvements for the fiscal year shall contain estimates for the following:

The total improvement costs, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses;

The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year;

The amount of any contributions to be made from sources other than assessments levied hereunder;

The amount, if any, of the annual installment for the fiscal year where the board of directors has ordered an assessment for the estimated cost of any improvement to be levied and collected in annual installments; and

The net amount to be assessed upon assessable lands within the benefit assessment district, being the total improvement costs, as referred to in subdivision 1 of this subsection, increased or decreased as the case may be, by any of the amounts referred to in subdivisions 2, 3 or 4 of this subsection.

F.

The diagram for a benefit assessment district shall show:

The exterior boundaries of the district;

The boundaries of any zones within the district; and

The lines and dimensions of each lot or parcel of land within the district.

Each lot or parcel shall be identified by a distinctive number or letter.

G.

The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of such lots or parcels, in which case those maps shall govern for all details concerning the lines and dimensions of such lots or parcels.

H.

The assessment shall refer to the fiscal year to which it applies and shall:

State net amount, determined in accordance with subsection E of this section, to be assessed upon assessable lands within the benefit assessment district;

Describe each assessable lot or parcel of land within the district; and

Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements.

I.

The assessment may refer to the county assessment roll for a description of the lots or parcels, in which case that roll shall govern for all details concerning the description of the lots or parcels.

J.

The net amount to be assessed upon lands within a benefit assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

K.

The diagram or assessment may classify various areas within a benefit assessment district into different zones, as defined in this chapter, where, by reason of variations in the nature, location and extent of the improvements, various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.

(Ord. 6092 § 1 (part), 1985)

A.

Proceedings for the formation of a benefit assessment district shall be initiated by resolution. The resolution shall:

Propose the formation of a benefit assessment district pursuant to this chapter;

Describe the improvements;

Describe the proposed district and specify a distinctive designation for the district; and

Order the engineer to prepare and file a report in accordance with Section 4.95.120.

The descriptions need not be detailed, but shall be sufficient if they enable the engineer to generally identify the nature, location and extent of the improvements and the location and extent of the benefit assessment district.

B.

Upon completion, the engineer shall file a report with the clerk for submission to the board of directors. The board of directors may approve or disapprove the report, as filed, or it may modify the report in any particular and approve it as modified.

C.

After approval of the report, either as filed or as modified, the board of directors shall adopt a resolution of intention. The resolution shall:

Declare the intention of the board of directors to order the formation of a benefit assessment district and to levy and collect assessments pursuant thereto;

Generally describe the improvements;

Refer to the proposed district by its distinctive designation and indicate the general location of the district;

Refer to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the benefit assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district; and

Give notice of, and fix a time and place for, a hearing by the board of directors on the question of the formation of the assessment district and the levy of the proposed assessment.

D.

The clerk shall give notice of hearing by causing the resolution of intention, or summary thereof, to be published, posted and mailed as provided in Section 4.95.110.

E.

Prior to the conclusion of the hearing, any interested person may file a written protest with the clerk, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state that the property owner is opposed to the formation of the district and shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him.

F.

The board of directors shall hold the hearing at the time and place fixed in the resolution of intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The board of directors shall consider all oral statements, written protests and communications made or filed by any interested persons.

G.

During the course or upon the conclusion of the hearing, the board of directors may order changes in any of the matters provided in this report, including changes of the improvements, the boundaries of the proposed assessment district and any zones therein, and the proposed diagram or proposed assessment. The board of directors may, without further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of any additional territory within the district except upon written request by a property owner for the inclusion of his property, or upon the giving of mailed notice of an additional hearing to such property owners upon the sole question of the inclusion of their property in the district.

H.

Upon the conclusion of the hearing, the board of directors shall determine whether a majority protest exists. For that purpose, the extent of the territory of the proposed benefit assessment district shall be adjusted in accordance with any board orders excluding territory from, or including additional territory within, the district.

I.

Proceedings for the formation of the benefit assessment district shall be abandoned if there is a majority protest unless, by a six-sevenths vote of all members of the board of directors, the protest shall be overruled. A majority protest exists if, upon the conclusion of the hearing, written protests to the formation of the benefit assessment district, filed and not withdrawn, represent property owners owning more than 50 percent of the area of assessable lands within the proposed district. Proxies shall not be allowed.

J.

If a majority protest has not been filed, or, if filed, has been overruled, the board of directors may adopt a resolution ordering the improvements and the formation of a benefit assessment district and confirming the diagram and assessment, either as originally proposed or as modified. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.

K.

Whenever a railroad, gas, water or electric utility right-of-way or electric line right-of-way is included within the benefit assessment district, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be included in the initiating resolution, the engineer's report and the resolution of intention. The railroad, gas, water or electric utility right-of- way or electric line right-of-way shall be assessable only if, and to the extent that, it is found that it will benefit from the installation and maintenance of the proposed improvement, and the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in the event of delinquency, as other parcels in the benefit assessment district. In determining whether or not the railroad, gas, water or electric utility right-of-way or electric line right-of-way receives benefit, its use as a right-of-way for railroad, gas, water or electric utility purposes shall be presumed to be permanent.

(Ord. 6092 § 1 (part), 1985)

A.

The board of directors, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes in organization:

The annexation of territory to an existing district formed pursuant to this chapter;

The detachment of territory from an existing district formed pursuant to this chapter;

The dissolution of an existing district formed pursuant to this chapter; or

The consolidation into a single district of two or more existing districts formed pursuant to this chapter.

B.

Proceedings for changing organization may be:

Undertaken subsequent to or concurrently with proceedings for the formation of the benefit assessment district hereunder. Any or all such proceedings may be conditioned upon the completion of any other or all such proceedings;

Combined with proceedings for the formation of a benefit assessment district hereunder. In such case, any of the several resolutions, reports, notices or other instruments provided for in this chapter may be combined into single documents.

C.

Except as otherwise provided herein, proceedings for a change of organization shall be initiated, conducted and completed in substantial compliance with the procedures provided herein for the formation of a benefit assessment district.

D.

In annexation proceedings, the resolutions, report, notices of hearing and right of majority protests shall be limited to the territory proposed to be annexed. Notice of hearing shall be in compliance with Section 4.95.110. Mailed notice may be dispensed with, however, as to all property owners who have filed a written request for annexation of their property.

E.

If all of the owners of property within the territory proposed to be formed into a benefit assessment district, or proposed to be annexed to an existing district, have given written consent to the proposed formation, consolidation or annexation, the territory may be formed into a benefit assessment district, or annexed to or consolidated with an existing district, as the case may be, without notice and hearing or filing an engineer's report, or both.

F.

In the event that an ordinance of the city requires the installation of any improvements described in this chapter by a subdivider, the resolution of intention may state that the territory owned by the subdivider comes under the terms of such ordinance and order that such territory be formed into a benefit assessment district, or annexed to an existing district, without notice and hearing or filing of an engineer's report, or both.

G.

In detachment proceedings, the resolutions, report, notices of hearing and right of majority protest shall be limited to the territory proposed to be detached. The board of directors may dispense with:

The resolution and report otherwise required by Section 4.95.130 and may initiate proceedings by the adoption of the resolution of intention; and

Posted and mailed notice of hearing.

H.

In dissolution proceedings, the board of directors may dispense with the resolution or report otherwise required by Section 4.95.130 and may initiate dissolution proceedings by the adoption of a resolution of intention. The board of directors may dispense with posted and mailed notice of hearing. If the board of directors orders the dissolution of a benefit assessment district, any moneys in the improvement fund for the district shall be transferred to the general fund of the city.

I.

Notwithstanding any other provision of law, the single benefit assessment district resulting from a consolidation under this chapter shall assume all assets and liabilities of the districts consolidated, and shall be entitled to all of the revenues to which each of the separate districts involved in the consolidation would have been entitled had such districts not been so consolidated.

(Ord. 6092 § 1 (part), 1985)

A.

This chapter shall apply to all annual assessments levied after the formation of a benefit assessment district.

B.

Proceedings shall be taken pursuant to this chapter for any fiscal year during which an assessment is to be levied and collected within an existing district.

C.

The board of directors shall adopt a resolution which shall generally describe any proposed new improvements, or any substantial changes in existing improvements, and shall order the engineer to prepare and file a report in accordance with Section 4.95.120.

D.

Upon completion, the engineer shall file the report with the clerk for submission to the board of directors. The board of directors may approve or disapprove the report, as filed, or may modify the report in any particular and approve it as modified.

E.

After approval of the report, either as filed or as modified, the board of directors shall adopt a resolution of intention. The resolution shall:

Declare the intention of the board of directors to levy and collect assessments within the assessment district for the fiscal years stated therein, except that it shall not impose an assessment upon a federal or state governmental agency or another local agency;

Generally describe the existing and proposed improvements and any substantial changes proposed to be made in the existing improvements;

Refer to the benefit assessment district by its distinctive designation and indicate the general location of the district;

Refer to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district; and

Give notice of the time and place for the hearing by the board of directors on the levy of the proposed assessment.

F.

The date, hour and place of the hearing is to be fixed as the date, hour and place of any regular meeting in June, as specified in the resolution of intention adopted pursuant to Section 4.95.150.

G.

The clerk shall give notice of hearing by causing the resolution of intention to be published.

H.

Any interested person may, prior to the conclusion of the hearing, file a written protest with the clerk or, having previously filed the protest, may file a written withdrawal of that protest. A written protest shall state that the property owner opposes the annual levy and shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him.

I.

The board of directors shall hold the hearing at the time and place specified in the resolution and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard. The board of directors shall consider all oral statements and all written protests and communications made or filed by any interested person. The board of directors may continue the hearing from time to time; provided, that no continuance shall be made to a date subsequent to the following July 1st without the prior consent of the county auditor.

J.

During the course, or upon the conclusion, of the hearing, the board of directors may order changes in any of the matters provided in the report, including changes in the improvements and any zones within the district, and the proposed diagram or proposed assessment.

K.

Upon the conclusion of the hearing, the board of directors may adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment.

(Ord. 6092 § 1 (part), 1985)

A.

Hearings upon the formation of a benefit assessment district, upon a change of organization for an existing district, or upon the levy of annual assessments after the formation of a district, shall be concluded in a resolution confirming a diagram and an assessment which shall be adopted not later than:

July 1st of the fiscal year during which the assessments are to be collected on the county assessment roll; or

Such later date, not beyond the third Monday in August, as the county auditor may authorize.

B.

Immediately after adoption of any resolution confirming a diagram and assessment, and by not later than the third Monday in August, the clerk shall file the diagram and assessment, or a certified copy thereof, with the county auditor.

(Ord. 6092 § 1 (part), 1985)

A.

After the filing of the diagram and assessment, the county auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment.

B.

The assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments, except that assessments levied pursuant to Section 4.95.200 for which bonds are to be issued, may be paid within 30 days after the date the county auditor has entered the assessments on the county assessment roll, at which time the engineer shall make and file with the director of finance a complete list of all unpaid assessments in the manner required by Streets and Highways Code Section 8620.

C.

After collection by the county, the net amount of the assessments, after deduction of any compensation due to the county for collection, shall be paid to the director of finance.

(Ord. 6092 § 1 (part), 1985)

A.

Upon receipt of moneys representing assessments collected by the county, the director of finance shall deposit the moneys to the credit of an improvement fund for the benefit assessment district for which they were collected, and the money shall be expended only for the improvements authorized for such district.

B.

If there is a surplus or a deficit in the improvement fund of a district at the end of any fiscal year, the surplus or deficit shall be carried forward to the next annual assessment to be levied within such district, and such credit or debit, as the case may be, shall be applied against the next annual assessment.

C.

If there is a deficit in the improvement fund of a district during any fiscal year, the board of directors, from any available and unencumbered funds of the city, may provide for:

A contribution to the improvement fund; or

A temporary advance to the improvement fund, and direct that the advance be repaid from the next annual assessments levied and collected within the district.

D.

The board of directors may accept contributions from any source toward payment of improvement costs. The board of directors, at any time either before or after the confirmation of the assessment, may provide for contributions toward payment of improvement costs from the funds of the city. All contributions shall be deposited in the improvement fund of the district for which the contribution was provided.

E.

All contributions authorized prior to confirmation of an assessment shall be deducted from the total improvement costs to be assessed within the district. Temporary advances shall not be so deducted.

(Ord. 6092 § 1 (part), 1985)

A.

The board of directors may, by resolution, determine that the estimated costs of any proposed improvements are greater than can be conveniently raised from a single annual assessment and order that the estimated costs be raised by an assessment levy and collected in installments over a period not to exceed 5 fiscal years.

B.

The board of directors may, by resolution, determine that the estimated costs of the proposed improvements are greater than can be conveniently raised from a single annual assessment and order that the estimated costs of those improvements, other than the costs of maintenance and servicing, be raised by an assessment levy collected in installments over a period not to exceed 30 years.

C.

The resolution adopted pursuant to subsection A or B of this section shall generally describe the proposed improvements, set forth the estimated costs thereof, specify the number of annual installments and the fiscal years during which they are to be collected, and fix or determine the maximum amount of each annual assessment.

D.

After adoption of a resolution providing for annual installment assessments, the engineer, in preparing the reports required by the ordinance codified in this chapter, shall include in the estimate an assessment for each fiscal year specified in the resolution of the total amount of the annual installment fixed or determined for such year.

E.

If a resolution providing for annual installment payments has been adopted, in the resolution or subsequent thereto, the board of directors may do any or a combination of the following:

Provide for the accumulation of moneys collected from the annual installments in the improvement fund until there are sufficient moneys to pay all or part of the costs of the improvement described in the resolution;

Provide for a temporary advance to the improvement fund, from any available and unencumbered funds of the city, to pay all or part of the costs of the improvements described in the resolution, and direct that the advance be repaid from the annual installments levied and collected during the fiscal years designated by the resolution; or

Borrow an amount necessary to finance the estimated costs of the proposed improvements. The amount borrowed, except for the amount borrowed pursuant to Section 4.95.200, shall not exceed the amount of revenue estimated to be raised from the annual assessments levied over 5 fiscal years.

(Ord. 6092 § 1 (part), 1985)

A.

The board of directors may, by resolution, determine and declare that bonds shall be issued to finance the estimated costs of the proposed improvements, other than costs and maintenance of servicing, under the Improvement Bond Act of 1915 (Division 10, commencing with Section 8500) of the Streets and Highways Code. Division 10 (commencing with Section 8500) shall govern all proceedings relating to the issuance of those bonds.

B.

The resolution shall generally describe the proposed improvements, other than the costs and maintenance of servicing, specify the number of annual installments and fiscal years during which they are to be collected, and fix or determine the maximum amount of each annual installment necessary to retire the bonds. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised for annual assessments over 30 years.

(Ord. 6092 § 1 (part), 1985)

Public property owned by a public agency and in use in the performance of a public function shall not be subject to assessment unless the resolution of intention expressly provides that it should be assessed. If the resolution provides that public property shall be assessed, the city shall be liable for payment of all amounts so assessed. Any such amount shall be payable from the general fund of the city unless the resolution of intention designates some other fund. To the extent that any such amounts are paid by the public agency owning the public property, the city conducting the proceedings shall not be liable therefor.

(Ord. 6092 § 1 (part), 1985)

A.

The board of directors, by contract or otherwise, shall provide for the performance of all work ordered by it pursuant to this chapter, including the construction and installation of any improvements and the furnishing of maintenance or service for any improvements.

B.

All or any part of the improvements may be constructed, installed or owned, and all or any part of the maintenance and servicing of any of the improvements may be provided by, one or any combination of the following:

The city;

Any other public agency; or

Any public utility.

C.

The city, by contract made with another public agency, or with a public utility, may provide for the construction, installation or ownership of any improvements or for the furnishing of maintenance or service for any improvements. Any contract with another public agency shall be made in compliance with all laws applicable to the other public agency and to the city. Any contract with the public utility shall be made in compliance with and subject to all tariffs, rules and rate schedules of the public utility on file with and approved with the Public Utilities Commission. Except as otherwise provided, a contract may contain such provisions as may be agreed upon by the city and the other public agency, or public utility as the case may be.

D.

Except for any work provided for by contract made pursuant to subsection C of this section, the board of directors shall provide for the construction or installation of all improvements and for the furnishing of maintenance and service of any

improvements in accordance with and subject to all laws applicable to the city, including any laws requiring the letting of private contracts after competitive bidding.

E.

The board of directors may:

Provide for the construction or installation of any improvements authorized by this chapter by proceedings taken pursuant to any other special assessment law or any procedural ordinance of the city; and

Provide for the maintenance or servicing of those improvements by proceedings taken pursuant to this chapter. The proceedings may be taken separately or combined. If combined, any of the several resolutions, reports, notices or other instruments provided for in this chapter may be combined with those provided for in the other special assessment law or procedural ordinance.

(Ord. 6092 § 1 (part), 1985)