Sacramento Municipal Code Art. V Formation Proceedings

Proceedings for the formation of an assessment district shall be initiated by resolution, which may be adopted at the same time as the resolution of intention required under Section 3.136.290 of this chapter. The resolution shall:

A. Propose the formation of an assessment district pursuant to this chapter;

B. Describe the additional library services to be provided;

C. Describe the proposed assessment district by preparing and recording a boundary map in accordance with Streets and Highway Code Sections 3110 et seq., and specify a distinctive designation for the district;

D. Order the city manager to prepare and file a report in accordance with Sections 3.136.200 through 3.136.260 of this chapter.

The service descriptions need not be detailed but shall be sufficient if they enable the city manager to generally identify the nature and extent of the additional library services. (Prior code § 85.05.500)

Upon completion, the city manager shall file the report with the clerk for submission to the city council. The city council may approve the report as filed or it may modify the report in any particular and approve it as modified. (Prior code § 85.05.510)

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

A. Declare the intention of the city council to order the formation of an assessment district and to levy and collect assessments pursuant to this chapter, and subject to approval by the voters as hereinafter provided;

B. Generally describe the additional library services to be provided;

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

D. Refer to the report of the city manager, on file with the clerk, for a full and detailed description of the additional library services, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district;

E. State that the assessment shall be adjusted by the amount of increase in the consumer price index, San Francisco area, all items, most recently available prior to the date of increase, but in no event shall the increase exceed three percent in any year;

F. Direct the city clerk to give notice of, and fix a time and place for, a hearing by the city council on the question of the formation of the assessment district and the levy of the proposed assessment;

G. State that any owner may, before the time set for hearing, file a written protest against the formation of the proposed district, the boundaries of the district or the amount of the owner's assessment for the first year; and that any owner or other interested person, whether or not filing a written protest, may be heard by the city council at the public hearing.

In addition, notices by mail (where required) shall contain the county assessor's parcel number and the amount of the proposed annual assessment on the land of the owner to whom the notice is mailed. (Prior code § 85.05.520)

The city clerk shall give notice of hearing as required by law, and pursuant to Section 3.136.180 of this chapter. (Prior code § 85.05.530)

Any owner may file a written protest with the city clerk before the time set for the hearing. No written protests will be accepted by the city clerk after the opening of the hearing. Any written protest may be withdrawn in writing by the owner at any time before the conclusion of the hearing. Each written protest shall state the name of the owner, a description of the owner's land sufficient to identify it, and the specific grounds on which the protest is made. Oral protests may be made at the time of and during the hearing. Any written or oral protest not made at the time and in the manner provided in this section shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to that extent to have consented to the formation and boundaries of the district, the proposed assessment and any other act, determination, or proceeding on which protest could be made. (Prior code § 85.05.540)

At the time set for the public hearing on the city manager's report, the city council shall consider all written protests and shall hear and consider all protests made orally. All interested persons shall be provided an opportunity to be heard, subject to reasonable limitations imposed by the presiding officer.

Any irregularity of documentation or procedure not specified in the protests shall be deemed waived. The hearing may be continued from time to time. During the hearing or at its conclusion, the city council may exclude land from the boundaries of the proposed district, may decrease the amount of any assessment and may modify the scope of the additional library services. (Prior code § 85.05.550)

A. The city council may not include additional land within the boundaries of the district or increase the amount of any assessment except with the written consent of the owner of the land to be assessed or except after an additional hearing for which the owner of the land to be assessed has been given notice as provided in Section 3.136.300 of this chapter.

B. Except as otherwise provided in subsection A of this section, during the course or upon the conclusion of the hearing, the city council may order changes in any of the matters provided in the report, including changes in the additional library services, the boundaries of the proposed assessment district and any zones therein, and the proposed diagram or the proposed assessment without substantially affecting the distribution of benefits from the additional library services. The city council may, without further notice, order the exclusion of territory from the proposed district. (Prior code § 85.05.560)

If, at the conclusion of the hearing, written protests not withdrawn have been filed by the owners of more than fifty (50) percent of the net land area proposed to be assessed, the city council shall abandon the proceedings for the formation of the district and shall not reinstitute proceedings to form substantially the same district for a period of one year from the date on which the hearing is concluded, unless the protests have been overruled by the affirmative vote of not less than four-fifths of the members of the city council. (Prior code § 85.05.570)

A. At the conclusion of the public hearing on the city manager's report, unless proceedings for formation of the district have been abandoned, the city council may adopt a resolution ordering the formation of the district, confirming the diagram and assessment as originally proposed in the city manager's report or as modified by the city council, and establishing a district budget for the fiscal year referred to in the report. The adoption of the resolution shall constitute the levy of the assessments, subject to voter approval. The levy of the assessments shall be referred to the voters for approval at an election as specified in Section 3.136.360 of this chapter.

B. Subsection A of this section notwithstanding, the city council may refer the question of voter approval of assessments to the voters before the district has been formed and the assessments levied, so long as the district and the assessments are described in the ballot pamphlet. (Prior code § 85.05.580)

The election required by Section 3.136.350 of this chapter shall be held at the time and in the manner prescribed by the elections code, and the provisions of this code regulating municipal elections. The qualified electors shall be those registered to vote within the territory subject to assessment. The affirmative vote of a majority of those voting upon the measure shall be required for its passage. (Prior code § 85.05.590)

A. If a majority of the votes cast are in favor of the levy of the assessment, the assessment shall be approved and the city council shall not increase the amount of any of the assessment in any land use category above the levels approved at the election.

B. If a majority of the votes cast are against the levy of the assessment, the city council shall cancel the assessment. (Prior code § 85.05.595)