Sacramento Municipal Code Art. V Formation Proceedings

A. Manner of Initiation. Proceedings for formation of the Franklin Villa assessment district may be initiated in one of the following two ways:

1. A petition signed by at least sixty (60) percent of the owners within the Franklin Villa assessment district, as shown on the last equalized assessment roll for taxes of the county; or

2. A motion approved by a four-fifths vote of the city council.

In the event that the requirements of subsection (A)(1) or (A)(2) of this section have been satisfied, the city council shall not commence proceedings pursuant to subsection B of this section unless it finds and determines, based upon evidence contained in the staff report, the oral presentations, or other documents and records of the city which are submitted at the hearing, that the proposed services are needed within the district in order to attempt to resolve significant concerns of public health and safety. This finding may be set forth in a separate resolution, or may be set forth in the resolution enacted pursuant to subsection B of this section.

B. If the requirements of subsection A of this section have been satisfied, proceedings for the formation of the Franklin Villa assessment district shall be initiated by resolution, which may be adopted at the same time as the resolution of intention required under Section 3.140.330 of this chapter. The resolution shall:

1. Propose the formation of the Franklin Villa assessment district pursuant to this chapter;

2. Describe the services to be provided;

3. Describe the Franklin Villa assessment district and specify a distinctive designation for the district;

4. Order the city manager to prepare and file a report in accordance with Sections 3.140.250 through 3.140.300 of this chapter.

The service description need not be detailed but shall be sufficient if it enables the city manager to generally identify the nature and extent of the services. (Prior code § 86.05.500)

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 § 86.05.510)

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 the Franklin Villa assessment district and to levy and collect assessments pursuant to this chapter;

B. Generally describe the services to be provided, together with any proposed improvements;

C. Refer to the Franklin Villa assessment district by its distinctive designation and indicate the 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 services, the boundaries of the Franklin Villa assessment district and any zones therein, and the proposed assessments upon the residential units within the district;

E. 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 Franklin Villa assessment district and the levy of the proposed assessment;

F. State that any owner may, before the time set for hearing, file a written protest against the formation of the Franklin Villa assessment district, the boundaries of the district, the proposed services and/or improvements 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;

G. State the name and telephone number of the city employee or department where questions about the Franklin Villa assessment district will be received.

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 § 86.05.520)

The city clerk shall give notice of hearing as required by law, and pursuant to Section 3.140.220 of this chapter. (Prior code § 86.05.530)

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 have consented to the formation and extent of the Franklin Villa Assessment District, the proposed assessment and any other act, determination, or proceeding on which protest could be made. (Prior code § 86.05.540)

At the time set for the public hearing on the engineer'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 Franklin Villa assessment district, may decrease the amount of the assessment and may modify the scope of the services. (Prior code § 86.05.550)

A. The city council may not include additional land within the boundaries of the Franklin Villa assessment district or increase the amount of the 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 has been given notice by mail at least forty-five (45) days before the additional hearing.

B. Provided, however, that 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 services, the boundaries of the Franklin Villa assessment district and any zones therein, and the proposed diagram or the proposed assessment. The city council may, without further notice, order the exclusion of territory from the district. (Prior code § 86.05.560)

If, at the conclusion of the hearing, written protests not withdrawn have been filed by more than fifty (50) percent of the owners within the district, the city council shall abandon the proceedings for the formation of the Franklin Villa assessment 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 § 86.05.570)

At the conclusion of the public hearing on the engineer's report, unless proceedings for formation of the Franklin Villa assessment 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 engineer'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 confirmed assessment. (Prior code § 86.05.580)

A. In establishing the initial scope of services to be provided, together with any revisions thereto made in connection with annual assessment proceedings, city staff shall consult with neighborhood representatives or associations within the Franklin Villa assessment district, and with homeowners associations.

B. When appropriate, the city may, upon city council approval, enter into contracts with any qualifying neighborhood or homeowner association to administer funds generated by the district, in carrying out certain of the specified services. For this purpose, a "qualifying" neighborhood association is one which has official nonprofit status and has obtained IRC 501(c)(3) certification. (Prior code § 86.05.590)