Richmond Municipal Code Ch. 16.02 Richmond Harbor Navigation Improvement District

Footnotes:

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Editor's note— Prior ordinance history: 21-89 N.S.

This chapter may be cited as the "Richmond Harbor Navigation Improvement District."

This chapter establishes and prescribes the authority of a Richmond Harbor Navigation Improvement District as a benefit assessment district in the City of Richmond and prescribes alternative procedures under general state law or local ordinance under Charter City authority for the adoption of a resolution of intention by the City Council ordering the construction of navigation improvements subject to benefit assessment.

(a) Owner. The term "owner" means (i) any person owning real property or a taxable interest in that property as that person's name appears on the last equalized assessment roll, whether secured or unsecured as the case may be; or (ii), if the City Clerk knows the name and address of any person who is a successor in interest to a person shown on the assessment roll, then as that person is known to the city clerk.

(b) Navigation Improvement District. The term "Navigation Improvement District" or "District" means the area in the City encompassed within the boundaries designated by the City Council in this chapter in which navigation improvements or other work are ordered to be completed subject to benefit assessment under a resolution of intention adopted by the City Council under this chapter.

(c) City. The term "City" means the City of Richmond, California.

(d) Charter. The term "charter" means the Charter of the City of Richmond adopted and approved on March 4, 1909, including any amendments thereto.

(e) Conveyance of tidelands and submerged lands by the State of California, The term "conveyances of tidelands and submerged lands by the State of California" means:

(1) Chapter 317 of the Statutes of California, 40th Session, approved June 11, 1913;

(2) Chapter 89 of the Statutes of California, 43rd Session, approved April 21, 1919;

(3) Chapter 53 of the Statutes of California, 50th Session, approved April 6, 1993;

(4) Chapter 379 of the Statutes of California, 51st Session, approved July 5, 1935;

(5) Chapter 1336 of the Statutes of California, 1959 Regular Session, approved June 29, 1959;

(6) Chapter 233 of the Statutes of California, 1971 Regular Session, approved June 30, 1971;

(f) Council. The term "Council" means the City Council of the City of Richmond, California.

(g) County. The term "County" means the County of Contra Costa, California.

(h) Port Director. The term "Port Director" means the Director of the Port Department of the City of Richmond, California, and the executive officer and managing authority for the Port of Richmond under the City Manager acting for the City Council.

This chapter is adopted under Section 10 of Article IX of the Charter of the City of Richmond. Proceedings under this chapter are a municipal affair and all public improvements undertaken under this chapter are considered to be of a local nature. The general laws or acts referred to in this chapter are incorporated by reference.

The term "general law" or "act" means an enactment of the Legislature of the State of California. Unless otherwise provided, the terms include future amendments or codifications of those laws.

The provisions of this chapter are controlling over the provisions of any general law or act in conflict with the provisions of this chapter in any proceeding.

This chapter is not exclusive. Any resolution of intention in any proceeding under a general law or act may provide that the general law or act is supplemented by any portion of this chapter.

The provisions of the ordinance codified in this chapter and any rules and regulations adopted under it apply to and govern the Richmond Harbor navigation Improvement District established under the ordinance codified in this chapter.

The Navigation Improvement District established under this chapter qualifies as a Federal Project Repayment District under Section 916 of Public Law 99-662 (33 U.S.C. 291). Evidence of the same may be submitted to the Assistant Secretary of the Army for Civil Works, or his designee, in fulfillment of the financial requirement for local contribution to the cost of constructing or mainlining a federally-authorized navigation project under a Project Cooperation Agreement entered into between the City of Richmond and the federal government under Section 221 of Public Law 91-6111 (42 U.S.C. 1962d-59b)).

Under Clause 10 of Section 1 of Article II of the Charter of the City of Richmond there is established a Richmond Harbor Navigation Improvement District in the City of Richmond in which navigation improvements or other work may be ordered to be completed subject to benefit assessment under a resolution of intention adopted by the City Council under this chapter.

Under Section 2 of Article I of the Charter of the City of Richmond, the boundaries of the Richmond Harbor Navigation Improvement District established under this chapter generally include those lands and waters embraced within the territory of the City of Richmond as set forth in Section 2 of Article I of the Charter of the City of Richmond and those conveyances of tidelands and submerged lands by the State of California for improvement purposes within and without the territory of the City of Richmond.

The City Council may from time to time as necessary and consistent with the purposes of this chapter modify the boundaries of the Richmond Harbor Navigation Improvement District, including the addition of territory and the undertaking of improvements or other work lying outside the boundaries of the City of Richmond.

(a) The City Council may declare by resolution of intention to order that the costs and expenses of constructing, operating and maintaining specified navigation improvements or other work of a local nature be assessed, either partly or wholly, on a contingent or noncontingent basis on property that the City Council determines is benefited by the construction, operation and maintenance of the proposed improvements or other work.

(b) The City Council may act either under general State law or local ordinance under Charter City authority under this chapter.

(c) A resolution of intention to order improvements made or acquired or work done adopted under this chapter shall contain:

(1) A request to the Port Director for an engineer's report to include:

(A) A description, plans and specifications of the proposed improvement or work to be done;

(B) A cost estimate of the improvement and lands, easements and rights-of-way, and incidental expenses associated with the improvement, including in the case of a navigation improvement project authorized by Congress any additional required local contribution over the life of the project, and an estimate of private utility damages to be included in the assessment, if any;

(C) A boundary map of the proposed boundaries of a Navigation Improvement District, and any zones within the district, encompassing each parcel of property subject to benefit assessment, which map shall contain the name of the City and a distinctive designation by works and numbers of the district shown on the map;

(D) A diagram of the assessment district showing the exterior boundaries of the assessment district, the boundaries of any zone within the district, and the lines and dimensions of each separate lot or parcel of land within the district as they existed at time of passage of the resolution of intention, and the relative location of that lot or parcel to the work proposed to be done;

(E) An assessment roll;

(F) A statement of the method of determining special benefits assigned to each lot or parcel of land within the district;

(G) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several lots or parcels of real property within the district in proportion to the estimated benefits to be received by each lot or parcel from the improvement, including an estimate amount to cover any deficiency attributable to delinquent assessments;

(H) A proposed maximum annual assessment upon each of the lots or parcels in the district to pay costs incurred by the City and not otherwise reimbursed that result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or related funds;

(I) The total amount of unpaid special assessments required or proposed to be levied under any other completed or pending proceedings; and

(J) The total true value of parcels and improvements that are proposed to be assessed, which value may be estimated as the full cash value of each parcel shown on the last equalized assessment roll of the county;

(2) A statement of intention to levy noncontingent assessments under a benefit assessment, and contingent assessments under an integrated financing district, respectively;

(3) A statement of intention that serial, term, or variable rate interest bonds shall be issued under the Improvement Bond Act of 1915 to pay all or part of the principal and interest on those bonds to be secured by the contingent and non-contingent assessments levied under this chapter to finance the proposed improvement and deposited in a redemption fund for that purpose;

(4) A statement of the method by which annual benefit assessments will be apportioned according to estimated benefits among the several lots or parcels of real property within the Navigation Improvement District and deposited in a redemption fund for that purpose;

(5) A statement providing for the disposal of any surplus remaining in the improvement fund after the completion of the improvement;

(6) A statement of intention to enter into an agreement with any other municipal corporation when the consent of that body is required for the completion of the improvement or work done;

(7) Any omissions from the levy of benefit assessments within a Navigation Improvement District under Section 16.01.150 of this chapter;

(8) Any disclaimer on the part of the City as to the cure of any deficiencies in the redemption fund established to pay the principal and interest on bonds issued to finance improvements made or acquired or work done;

(9) Intention to levy annual benefit assessments to pay for administrative costs of collecting assessments and administering debt;

(10) Intention to levy annual benefit assessments to pay the costs and expenses of operating and maintaining the improvements or to pay the cost and expense of performing operations and maintenance obligations under any project cooperation agreement with the U.S. Army Corps of Engineers or required by federal statute;

(11) Provision for liquidation of any remaining surplus in the redemption fund after the retirement of all outstanding debt and payment of all expenses;

(12) Notice of intention to collect a two percent penalty on the total amount of any unpaid assessment installment that becomes delinquent beginning on the first business day of the succeeding month, and each succeeding month thereafter, after that installment is due until that installment and all penalties are fully paid;

(13) Notice of intention to hold a public meeting and a public hearing to levy a benefit assessment under Section 16.01.140 of this chapter, including instructions as to the appropriate method of filing protests to the method of apportionment or an individual assessment; and

(14) A notice of intention whether to comply with the requirements of Part 7.5 of Division 4 of the Streets and Highways Code of the State of California.

(d) Costs and expenses assessed and collected may include those concerning:

(1) The direct and indirect cost of acquisition and construction of those improvements or other work;

(2) The legal, engineering and administrative costs of establishing and operating a Navigation Improvement District, and collecting annual assessments;

(3) The underwriting and servicing of debt issued to finance the improvements or other work;

(4) The cost of necessary repairs, fuel power, electrical current, care, supervision of those improvements or other work; and

(5) Any and all other items considered reasonably necessary for the construction and acquisition or performance of work, and the proper maintenance and operation of those improvements or other work.

(a) When the engineer's report required by Section 16.02.130(c)(1) of this chapter is filed with the city clerk, it shall be presented to the City Council for consideration. The Council may modify it in any respect and may adopt a resolution of preliminary approval and calling hearing for that purpose. The report as modified stands as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected under this chapter.

(b) The City Council shall thereafter adopt the report as part of a resolution confirming the assessment and ordering an improvement to be effected through a benefit assessment under Section 16.02.240 of this chapter.

(1) Upon the preliminary approval of the engineer's report, the City Council shall direct the City Clerk to give joint notice of improvement and tentative assessment to include:

(A) The adoption of a resolution of intention;

(B) The filing of the engineer's report;

(C) The adoption of a resolution of preliminary approval of an engineer's report;

(D) A statement of total principal amount of unpaid assessments already levied against all property proposed to be assessed; and

(E) The Council's intention to hold:

(i) A public meeting to be held at least ten days after mailing of the joint notice required under this subsection, and

(ii) A public hearing to be held at least forty-five days after mailing of the joint notice, and at least seven days after public meeting.

(2) The joint notice of both the public meeting and the public hearing shall:

(A) Be accomplished through a first class mailing, postage prepaid in the United States mail;

(B) Reflect the name of the Richmond Harbor Navigation Improvement District and return address of the sender;

(C) Be given to all property owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized County assessment roll or the State Board of Equalization assessment roll, as the case may be.

(3) The notice is effective upon mailing.

(4) The joint notice shall include:

(A) The actual assessment per parcel, or if an assessment is proposed to be increased from any previous year, both the amount of the existing assessment and the proposed increase;

(B) A general description of the purpose or improvements that the assessment will fund;

(C) The estimated the total cost of the improvement and in the case of a navigation improvement authorized by Congress and the estimated Federal and local contribution to project cost during the period of construction and over the life of the project;

(D) The address to which property owners may mail a protest against the assessment;

(E) The telephone number and address of an individual office, or organization that interested persons may contact to receive additional information concerning the assessment;

(F) A statement that a majority protest may cause the assessment to be abandoned under this ordinance or the appropriate assessment act used to levy the assessment so provides as the case may be in the absence of a supermajority vote of the Council to override the protest;

(G) The dates, times and locations of the public meeting and hearing required under this subsection.

(5) On the completion of the mailing of the notices, the City Clerk shall file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section.

(6) No proceeding is invalid for failure to mail notice if there is substantial compliance with the requirements of this section.

(a) On the original and on at least one copy of the boundary map of a Navigation Improvement District filed with the City Clerk as part of an engineer's report, the Clerk shall endorse the Clerk's certificate evidencing the date and adoption of the resolution describing the proposed boundaries of the district in substantially the same form as provided in Section 3110 of the Streets and Highways Code of the State of California.

(b) The Clerk shall file the original of the boundary map in the Clerk's office, and shall file a copy thereof with the County Recorder of each county in which all or any part of a proposed assessment district is located within fifteen days after the adoption of the resolution adopted by the City Council fixing the time and place of the public hearing on the formation of the district and in no event later than fifteen days before the public hearing on the proposed district.

Any lot or parcel of real property lying within the Navigation Improvement District boundaries as set forth in this chapter not expressly omitted under Section 16.02.150 of this chapter is subject to benefit assessment under this chapter.

(a) The City Council by resolution of intention may omit from a benefit assessment levied under this chapter any lot or parcel of real property lying within the boundaries of a Navigation Improvement District established under this chapter that:

(1) Is owned by the United States, the State of California, or a political subdivision thereof, public agent, mandatory of the government, school board, educational, penal, reform or mental institution or by the City of Richmond; and

(2) Is used in the performance of a public function; or

(3) Is otherwise exempt from the levy of general property taxes.

(b) If any lot or parcel of property is omitted from a benefit assessment levied under this chapter, the total expense of all work done shall be assessed on the remaining lots or parcels of real property lying within the limits of the assessment district without regard to the omitted lots or parcels.

(c) Except as provided in subsections (d) and (e) of this section, if the City Council in a resolution of intention includes, abates, or does not otherwise omit any lot or parcel of real property from a benefit assessment under subsection (a) of this section, the City is liable for any sum that is assessed against that lot or parcel of real property and is unpaid after thirty days from the recordation of the assessment. Any such sum shall be paid by the City out of the general fund unless the City Council designates another source in its resolution of intention.

(d) In the case of a lot or parcel of real property owned by the State of California or a department thereof, the City shall advance the amount of any such assessment and is the owner of that assessment. The City may seek repayment of any amount advanced with interest under Chapter 14 of Part 3 of Division 7 of the Streets and Highways Code of the State of California.

(e) Except in the case of a lot or a parcel of real property owned by the State of California, or a department thereof, or by the United States, the City Council may enforce the obligation to pay the benefit assessment through a writ of mandamus to compel:

(1) The officers or board responsible for the disbursement of funds of the owner of that lot or parcel of real property to pay the assessment and collect the amount of the assessment from the owner of the property; or

(2) The officers or board whose duty it is to levy taxes for the obligated owner to levy an amount in a given year to pay the principal and interest on bonds authorized and issued under a resolution of intention adopted under this chapter providing that serial bonds representing unpaid assessments against public property may be issued under Section 16.02.130 of this chapter.

(f) Possession Interest in public property. Notwithstanding the apportionment of benefits attributed to the parcels that are owned by the City and leased to private persons for commercial navigation purposes, the City Council, acting in the public interest, may determine whether, or to what extent, any such assessment may be abated or passed through the owners of possessory interest subject to benefit assessment under Section 16.02.330 of this chapter. In making its determination, the Council may consider, among other things:

(1) The terms and conditions of previous lease agreements for those parcels and for other such leased parcels;

(2) Current wharfage, service and facilities, and other tariff charges applicable to those parcels;

(3) The net economic impact of a benefit assessment on the community and the parcel reflected in (i) the volume of traffic at the leased parcel and the revenue derived from that parcel by the City, (ii) potential loss of other tax revenue, wharfage, lease payments, and services and facilities charges from decreased economic activity, and (iii) economic hardship on lessees and other parties, including employees, affected by the assessment.

(a) The City Council may apportion benefits among lots or parcels on the basis of estimated benefits to that lot or parcel anticipated as a result of the improvement or work done.

(b) Apportionment of an assessment upon the lots or parcels subject to an assessment shall be based on the estimated or actual cost of the improvement or work done.

(c) Separate lots or parcels of property are subject to separate assessment.

(d) Assessments may be apportioned on a contingent or noncontingent basis on lots or parcels of property and, except in the case of annual maintenance assessments, levied in a fixed amount.

(e) The method selected may prescribe a maximum rate of annual benefit assessment to be levied.

(f) Additional factors applicable to riparian parcels.

In apportioning contingent or non-contingent benefits of any improvement or work done among the individual lots or parcels of real property in the Navigation Improvement District established under this chapter that abut, or are contiguous or subject to common ownership to those that abut or otherwise have access to, the improvement or work done, the City Council may consider one or more of the following factors in addition to any other relevant factors:

(1) The potential character and intensity of usage of any lot or parcel, including future industrial or commercial development and additional wharves, berths, or terminal facility improvements;

(2) The frequency and trend in vessel traffic using the improvement and facility;

(3) The present and potential future vessel profile using the improvement and facility by size, character, and draft;

(4) The value and time-sensitivity of cargo that is loaded or discharged at a marine terminal located on the lot or parcel;

(5) The likely contribution of the work done or improvement to the overall safety and efficient movement of vessel traffic in the Navigation Improvement District; and

(6) Other factors affecting present and potential future use of any lot or parcel including access to surface transportation, storage facilities, institutional factors such as foreign trade zone designation, location within a redevelopment area, public and private lease restrictions.

A determination of total costs for any navigation improvement project authorized by Congress and subject to cost-sharing under a project cooperation agreement with the Federal government shall include and may be modified as necessary to reflect any changes in, the estimate of the local share of project costs made by the District Engineer of the U. S. Army Corps of Engineers for that project.

(a) Any owner of real property lying within a Navigation Improvement District within which a proposed improvement is located and subject to a proposed benefit assessment may file a written protest to the proposed improvement or the proposed assessment with the City Clerk at or before the time set for the hearing by the City Council on the resolution of intention.

(b) The City Clerk shall receive written protests and endorse each protest with the date and time it is filed with him and present those protests to the City Council.

(c) No protest received after the time fixed for hearing is timely, but the City Council may, in its discretion, consider untimely or oral objections.

(d) Each protest shall contain a description of the property of which the signer is the owner, and if the signer is not shown on the last equalized assessment roll for Contra Costa County, the protest shall contain written evidence of the ownership of the property.

(e) Any written or oral protest not made at the time in the manner required under this section is waived voluntarily by any person who might have made the protest. Any such person is considered to have consented to the proposed improvement or the benefit assessment as the case may be, and any other act, determination or proceeding subject to protest.

(a) At a public meeting or hearing before the City Council on a proposed improvement or benefit assessment, an owner of a lot or parcel subject to an assessment may protest or be heard on any matter contained in the engineer's report on a proposed improvement or concerning a proposed benefit assessment.

(b) The City Council may at any time in its discretion with or without a hearing confirm, modify or correct the boundaries or powers conferred on a Navigation Improvement District, the method of apportionment to be applied, the proposed work to be done or improvement, the engineer's report, a benefit assessment, or any act, determination or provision made, or permitted to be made by the City Council under this chapter. The City Council may likewise adjourn and reconvene a hearing called for any such purpose at any time prior to making a final determination or confirmation of an assessment.

(a) After the close of a hearing on a proposed improvement or benefit assessment, if the City Council determines that either written or oral protests against that improvement or assessment have been made by the owners of more than one-half of the area of the property in a Navigation Improvement District subject to an assessment, the proceeding shall be adjourned and not reconvened for a period of one year from the date of that determination by the City Council following the adjournment of the hearing unless:

(1) The City Council finds and determines that the public convenience and necessity require the improvement of work to be done; and

(2) The protests are overruled by an affirmative vote of not less than four-fifths of the members of the City Council.

(b) The Council may continue the hearing from time to time without adjourning.

(a) After a hearing on a proposed improvement or benefit assessment at which the engineer's report is adopted and the assessment is confirmed as filed, modified or corrected, the City Council shall adopt a resolution confirming the engineer's report and prior proceedings, and levy of assessments and order the proposed improvement to be made or acquired, or other work done. The resolution is final and conclusive as to all persons, and the assessment is levied on the respective parcels of land in the assessment district without further proceedings.

(b) Any decision and determination of the City Council, after notice and hearing, is final and conclusive on any person with standing to appeal to the City Council concerning any error, informalities, and irregularity, which the City may have avoided, or have remedied during the progress of the proceedings or which it can at that time remedy.

(a) If any assessment is invalid or otherwise unenforceable by reason of error or irregularity on appeal, the City Council may reassess any parcel of property within a Navigation Improvement District established under this chapter.

(b) Where an original assessment is sufficient to pay for any improvement authorized under this chapter, the City Council may authorize a supplemental assessment for that purpose.

(a) On confirmation of an engineer's report on a proposed navigation improvement and of an assessment under Section 16.02.230(a) of this chapter, the City Clerk shall file a copy of the assessment diagram in the office of the County Recorder in each county in which all or part of the assessment district is located. The assessment diagram shall be prepared by the engineer of work substantially in accordance with the requirements under Section 3114 of the Streets and Highway Code of the State of California.

(b) The Clerk shall likewise file a copy of the confirmed assessment roll with the exact amount of each assessment on each separate lot or parcel record in the office of the County Recorder in each county in which all or part of the assessment district is located for inclusion in the secured and utility tax rolls on which ad valorem property taxes are collected by the County.

(c) After confirmation and recording of any assessment and diagram by the County Recorder, the City Clerk shall execute and record a notice of assessment in the office of the County Recorder in each county in which all or part of the assessment district is located. The notice of assessment shall be in substantially the form in accordance with the requirements under Section 3114 of the Streets and Highways Code of the State of California.

(a) (1)

Unpaid assessments for which navigation improvement bonds are issued to finance those improvements under this chapter are payable in full before the issuance of bonds, in annual series corresponding to the number of series bonds issued to finance a navigation improvement, or in gross corresponding to the maturity dates of bonds issued to finance any improvement under this chapter.

(2) An annual proportion of each assessment is payable in each year preceding the date of maturity of each of the several series of bonds, or in the year preceding the date of maturity of each bond issued for a specified term sufficient to any the bonds when due.

(3) The annual proportion of each assessment coming due in any year, together with the annual interest on the assessment, is payable in the same manner and at the same time and in the same installments as the general taxes of the City on real property are payable to the County under the system in force in the County in which the real property subject to assessment is located.

(4) The assessment installments and the annual interest on the assessment are payable and become delinquent at the same times and in the same proportionate amounts and, except as otherwise provided in this chapter, bear the same proportionate penalties and interest after delinquency as do the general taxes on real property in the City under the system in force in the county in which the real property subject to assessment is located.

(b) Any interest and penalties so collected and remitted by the County Tax Collector to the City shall be deposited in a redemption fund established under Section 16.02.310 of this chapter.

(a) On recording of the assessment, the Director of Public Works or the County Assessor as the case may be shall mail to the owner of each parcel of property subject to the benefit assessment, a notice of recordation including the following:

(1) A designation of the parcel by street number or other description of the property assessed sufficient to enable the owner to identify it;

(2) The amount of the assessment;

(3) The date of recordation of the assessment;

(4) The time and place of payment of the assessment and the effect of failure to pay within that time; and

(5) If bonds are to be issued, a statement of that fact designating the act under which bonds will be issued.

(b) The failure of the Director of Public Works or the County Assessor to mail the notice to any property owner or the failure of any property owner to receive the notice does not affect the validity of any proceeding under this chapter.

(c) The Director of Public Works or the County Assessor shall publish:

(1) The notice of recordation and that all sums assessed are due and payable;

(2) That the payment of those sums shall be made to the County Assessor within thirty days after the date of recording of the assessment as stated in the notice;

(3) If bonds are not issued, that each assessment is delinquent if not paid before the expiration of thirty days, and the effect of failure to pay the assessment within that period; and

(4) If bonds are to be issued, the effect of failure to pay the assessment within the thirty day period.

(5) Any bond, deed, or certificate of sale issued for an unpaid assessment is conclusive evidence of the regularity of all required procedural steps in the levy of the assessment for which that instrument is issued, other than those necessary to constitute due process of law or comply with constitutional requirements.

(a) Except as otherwise provided in this chapter, any benefit assessment levied under this chapter shall be collected in the same manner and by the same County officers as the taxes for general City purposes under the system in force in the county in which real property subject to assessment is collected.

(b) A benefit assessment levied under this chapter shall be collected together with 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 ad valorem taxes under the system in force in the county in which the real property subject to assessment is located.

(c) Any law applicable to the collection and enforcement of ad valorem taxes under the system in force in the county in which the real property subject to assessment is located also applies to an annual benefit assessment levied under this chapter.

(d) An assessed parcel of property, if sold for taxes, is subject to redemption in the same manner as a parcel of real property is redeemed from the sale for ad valorem taxes, and if not redeemed title passes in the same manner to the purchaser.

(a) The City Council shall establish a navigation improvement fund as a trust fund designated in the name, and for the purpose of redemption of any bonds issued to finance navigation improvements under this chapter. All sums received from the collection of benefit assessments made for the payment of the cost of the work or improvements on which the bonds are issued and of any interest any penalties on those assessments shall be deposited in that fund. Disbursements may be made for the payment of the principal and interest on those bonds on presentation of the proper bonds and coupons. No other fund may be used for the payment of principal and interest on those bonds.

(b) The City Council may not advance funds available funds from the City Treasury to cure any deficiency that may occur in a navigation improvement fund.

(c) The City Council may establish a special reserve fund as a contingency to provide for any unanticipated deficit in the redemption fund.

(a) After completion or abandonment of any authorized navigation improvement and the payment of all claims from that navigation improvement fund, the City Council shall determine the amount of the surplus, if any, remaining in the fund from assessments and supplemental assessments for that improvement.

(b) Any surplus shall be applied in those amounts as the City Council may determine for:

(1) Transfer to the general fund of the City;

(2) Credit on the assessment and supplemental assessment; or

(3) Maintenance of the improvement.

(a) The City Council may:

(1) In a resolution of intention adopted under Section 16.02.130 of this chapter;

(2) By separate resolution adopted under this section;

(3) Under Chapter 12.60 of the Municipal Code of the City of Richmond; or

(4) Under Section 5904 of the Harbors and Navigation Code of the State of California for the sole purpose of establishing a maintenance district, declare its intention to order that the cost and expenses of public improvements of a local nature completed under this chapter or otherwise required by local operation agreement with the U.S. Army Corps of Engineers, shall be assessed partly or wholly, upon such property as the City Council determines is benefitted by the operations and maintenance of the improvements proposed to be maintained and operated.

(b) The Port Director shall prepare an annual report on the cost and expenses of maintaining, operating, repairing and incidental improvements of that district in a manner that is timely in relation to the general fiscal year budgeting processes of the City.

(c) The report shall include the following:

(1) The gross amount required for the costs and expenses of maintaining, repairing and operating that improvement;

(2) The balance estimated to be available in the maintenance fund at the end of the fiscal year, if any;

(3) The amount, if any, to be contributed by the city to pay any part of those costs and expenses;

(4) The net balance of the amount necessary to pay those costs and expenses for the ensuing fiscal year; and

(5) An apportionment of that amount among parcels of real property located within the district subject to the annual benefit assessment.

(d) On completion, the Port Director shall sign the report and file it with the City Clerk, who shall certify it to the City Council for consideration.

(e) The City Council shall review and preliminarily adopt the report by resolution calling for a hearing on the annual benefit assessment.

(f) (1)

The City Clerk shall mail a joint notice of the Council's intention to hold:

(A) A public meeting to be held at least ten days after mailing of the joint notice required under this subsection; and

(B) A public hearing to be held at least forty-five days after mailing of the joint notice, and at least seven days after the public meeting.

(2) The joint notice of both the public meeting and the public hearing shall:

(A) Be accomplished through a first class mailing, postage prepaid in the United States Mail;

(B) Reflect the name of the Richmond Harbor Navigation Improvement District and return address of the sender;

(C) Be at least ten-point type; and

(D) Be given to all property owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized County assessment roll or the State Board of Equalization assessment roll, as the case may be.

(3) The notice is effective upon mailing.

(4) The joint notice shall include:

(A) The estimated and maximum assessment per parcel, or if an assessment is proposed to be increased from any previous year, both the amount of the existing assessment and the proposed increase;

(B) A general description of the operations and maintenance that the annual assessment will fund;

(C) The estimated other total cost of the operations and maintenance, and in the case of a navigation improvement authorized by Congress and the estimated Federal and local contribution to project cost;

(D) The address to which property owners may mail a protest against the assessment;

(E) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information concerning the assessments;

(F) A statement that a majority protest may cause the assessment to be abandoned under this chapter or the appropriate assessment act used to levy the assessment so provides as the case may be in the absence of a supermajority vote of the Council to override the protest;

(G) The dates, times and locations of the public meeting and hearing required under this subsection.

(5) On the completion of the mailing of the notices, the City Clerk shall file with the Council an affidavit setting forth the time and manner of compliance with the requirements of this section.

(6) No proceeding is invalid for failure to mail notice if there is substantial compliance with other requirements of this section.

(g) After confirmation of the report and the assessment in a resolution adopted by the City Council in the same manner as under Section 16.02.250 of this chapter, the City Clerk shall certify the report as to the fact and date of approval and adoption by the City Council and deliver it to the Director of Finance for transmittal to the County Auditor.

(h) The County Auditor shall post the total amount of the annual benefit assessment levied and to be collected for the fiscal year on each parcel of property within the Navigation Improvement District as set forth in the report to the last equalized secured and utility tax rolls on which real property taxes are collected to appear as a separate item on each tax bill.

(i) Except as otherwise provided in this chapter, an annual benefit assessment levied under this section shall likewise be collected together with and enforced in the same manner and by the same persons and at the same time and with the same penalties and interests as are ad valorem taxes under the system in force in the county in which the real property subject to assessment is located. Any law applicable to the collection and enforcement of ad valorem taxes applies to annual benefit assessments. An assessed parcel of property, if sold for taxes, is subject to redemption in the same manner as a parcel of real property is redeemed from the sale for ad valorem taxes, and if not redeemed title passes in the same manner to the purchaser.

(a) Any owner of a lot or parcel of real property that is subject to a benefit assessment under this chapter and who has paid that assessment is the owner of that assessment and may seek repayment of a portion of that assessment from any tenant with a possessory interest in that property or from any vessel, or cargo loaded or discharged by a vessel, calling at a facility located on that lot or parcel.

(b) An owner seeking repayment under this section shall allocate and apportion the amount of any such assessment paid in a fair and equitable manner through wharfage or service and facilities charges imposed on cargo loaded on board or discharged from a vessel calling at a facility located on that parcel. Any such assessment constitutes a lien against that cargo under Civ. Code Sec. 3051.5 that may be enforced under Civ. Code Sec. 3052.

(a) (1)

Except as provided in subsection (b) of this section, in the case of a City-owned lot or parcel of real property within a Navigation Improvement District established under this chapter that is not omitted from or otherwise subject to a benefit assessment under Section 16.02.140 of this chapter, the City Council may require the Port Director to amend the port tariff incorporating a surcharge on wharfage to be imposed on certain cargo loaded or discharged at a terminal located on a City-owned parcel of land, or a surcharge on service and facilities charges imposed on terminal lessees, as appropriate, to apportion any benefit assessment levied on City-owned parcels of land.

(2) The surcharge may not exceed an amount sufficient in a given year to pay a proportionate contribution toward the principal and interest on bonds authorized and issued under a resolution of intention adopted under this chapter providing that serial or term bonds representing unpaid assessments against public property may be issued under Section 16.02.130 of this chapter.

(b) The Port Director may, within guidelines established by the City Council, exclude any vessel or facility from the requirements imposed by subsection (a) of this section if the imposition of a surcharge on a terminal lessee or on cargo loaded or discharged at a terminal would:

(1) Contravene an agreement entered into by the City and that lessee; or

(2) Result in a potential net loss of revenue to the City under a terminal lease agreement through competition, discrimination or diversion of cargo to another terminal port.

(c) In determining whether to exclude certain cargo and facilities from the imposition of any assessment under this chapter under the previous section, the Port Director may constructively equalize assessments among public and private terminals by adding an imputed cargo wharfage charge to the rates charged by private facilities for handling substantially similar cargo before calculating a comparable rate of assessment against cargo loaded or discharged at a terminal located on a City-owned parcel of land.

(Source: Ordinance No. 21-89 N.S.)