Sacramento Municipal Code Art. I General Provisions

The city council finds that the provision of additional library services will enhance real property values within the city, as existing library services already do. A library directly benefits all properties within its service area, since they have the convenience of a local library, access to a wide range of materials, as well as enhanced property values from the presence of a library in the area. The American Association of Certified Appraisers states that appraisers look to see if a community has a local library when assessing property values. The quality of the local library system, like the quality of the educational system, is important to businesses considering relocation. Adequate library services will increase the attractiveness of the city as a relocation site, leading to increased economic activity which benefits all property owners, including owners of commercial properties who will see increased rental activity and general business activity enhance the value of their properties, and residential property owners whose property values will increase along with economic growth and an improved real estate market. Properties benefit from the estimated increase to property desirability due to improved quality of life, increased economic activity, expanded employment opportunities and increased capacity to draw businesses, home buyers, renters, etc., to the city. The city council further finds and determines that real property within the city receives a direct and special benefit from these services, and that part of the cost thereof should be borne by the real property itself. (Prior code § 85.01.010)

This chapter shall be known and may be cited as the "additional library services assessment district procedural ordinance."

This chapter is enacted by the city council pursuant to its powers as a chartered city under Article XI of the California Constitution. (Prior code § 85.01.020)

This chapter is not exclusive. The council shall have the power to provide other procedures or to follow procedures and powers now or hereafter provided by charter or general law. The procedures and powers herein are alternative. When proceeding under this chapter, its provisions only need be followed. (Prior code § 85.01.030)

An assessment district formed under this chapter shall consist of all territory which, as determined by the city council, will be directly and specially benefitted by additional library services, and is to be assessed to pay the costs therefor.

An assessment district formed under this chapter may consist of all or any part of the territory within the city.

An assessment district formed under this chapter may consist of contiguous or noncontiguous areas. The services in one area need not be of benefit to other areas. (Prior code § 85.01.040)

Any resolution, notice, report, diagram or assessment which is required to contain a description of the boundaries of the 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. The plan or map so referred to shall govern for all details of the description. (Prior code § 85.01.050)

This chapter shall be liberally construed to effectuate its purpose of providing additional library services which will provide direct and special benefit to all properties within the district. Any proceedings taken under this chapter and any assessment levied 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 city council pursuant to this chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion. The exclusive remedy of any person aggrieved thereby shall be by appeal to the city council in accordance with the provisions of this chapter. (Prior code § 85.01.060)

The amounts required to be paid as a result of this chapter are assessed pursuant to the powers available under the Sacramento City Charter, and are for the purpose of providing the services defined in Section 3.136.160 of this chapter, in order to improve the library services available to the city's residential neighborhoods and business community, thereby in turn preserving and enhancing the value of real property, which constitutes direct and special benefit. (Prior code § 85.01.070)

Public property owned by any public agency shall not be subject to assessment under this chapter unless the resolution of intention expressly provides that it shall be assessed. Possessory interests in public property held by private entities and individuals may be assessed. (Prior code § 85.01.080)