San Francisco County Municipal Code Art. 6.1 Improvement Procedure Code

SUBARTICLE I GENERAL PROVISIONS SUBDIVISION 1 APPLICATION AND EFFECT Sec. 250.001. Short Title. Sec. 250.002. Assessment Proceedings. Sec. 250.003. Pending Proceedings. Sec. 250.004. Alternative Procedures. Sec. 250.005. Procedure Code Not Exclusive. Sec. 250.006. Titles. Sec. 250.007. Code Superior. Sec. 250.008. Municipal Affairs. Sec. 250.009. State Affairs. Sec. 250.010. Single Proceeding. Sec. 250.011. Subarticles Supplemental. SUBDIVISION 2 DEFINITIONS Sec. 250.015. Acquisition. Sec. 250.016. Block. Sec. 250.017. Charter. Sec. 250.018. City. Sec. 250.019. Clerk. Sec. 250.020. Contractor. Sec. 250.021. Board. Sec. 250.022. Director. Sec. 250.023. General Law. Sec. 250.024. Improvement. Sec. 250.025. Lot, Etc. Sec. 250.026. Owner. Sec. 250.027. Parking Place. Sec. 250.028. Paved. Sec. 250.029. Person. Sec. 250.030. Place. Sec. 250.031. Project. Sec. 250.032. Street. Sec. 250.033. Street Superintendent. Sec. 250.034. Transit System. Sec. 250.035. Treasurer. Sec. 250.036. Work. SUBDIVISION 3 INCIDENTAL EXPENSES Sec. 250.040. Acquisition. Sec. 250.041. Improvement.

SUBDIVISION 4 REFERENCES Sec. 250.045. Resolution of Intention. Sec. 250.046. Reference to Resolution of Intention. SUBDIVISION 5 NOTICES Sec. 250.050. Notices When Expressly Provided. Sec. 250.051. Failure to Designate Officer. Sec. 250.052. Publication. Sec. 250.053. Posting and Mailing. Sec. 250.054. Where Posted. Sec. 250.055. Mailing. Sec. 250.056. Notice of Improvement. Sec. 250.057. Certificates. SUBDIVISION 6 PUBLIC AND UTILITY PROPERTY Sec. 250.065. May Omit Public Property. Sec. 250.066. Cost on Remaining Property. Sec. 250.067. Payment. Sec. 250.068. Utility Property. SUBDIVISION 7 CONTRIBUTIONS AND ADVANCES Sec. 250.070. Contributions. Sec. 250.071. Purchase of Assessment, Warrant and Bonds. Sec. 250.072. ID.—Payment. Sec. 250.073. ID.—Bonds. Sec. 250.074. ID.—City. Sec. 250.075. ID.—Subsequent Purchase. Sec. 250.076. Purchase and Sale of Delinquent Property. Sec. 250.077. ID.—Sale. Sec. 250.078. Advanced by City Without Bonds. Sec. 250.079. Reimbursement. Sec. 250.080. ID.—Notice of Installment Payment. Sec. 250.081. ID.—Payment. SUBDIVISION 8 REVOLVING FUNDS Sec. 250.085. Revolving Fund. Sec. 250.086. Procedure. SUBDIVISION 9 ASSESSMENT AND DIAGRAM Sec. 250.090. Assessment. Sec. 250.091. Inclusion of Other Special Assessments. Sec. 250.092. Credit for Contribution of Money, Land, Easements or Improvements. Sec. 250.093. Diagram. SUBARTICLE II GENERAL PROCEDURE

SUBDIVISION 1 PROTESTS Sec. 250.100. Protests. Sec. 250.101. Form. Sec. 250.102. Legality. Sec. 250.103. Majority Protests. SUBDIVISION 2 HEARINGS Sec. 250.105. Time. Sec. 250.106. Hearing. Sec. 250.107. Continuances. SUBDIVISION 3 MODIFICATIONS Sec. 250.110. Modifications. Sec. 250.111. Notice. Sec. 250.112. Protests. Sec. 250.113. Order. Sec. 250.114. Record. Sec. 250.115. Lien. SUBDIVISION 4 SUPPLEMENTAL ASSESSMENT Sec. 250.120. Supplemental Assessment. Sec. 250.121. How Levied. Sec. 250.122. Notice and Order. Sec. 250.123. Payment. Sec. 250.124. Nonfixed Lien. SUBDIVISION 5 REAPPORTIONMENT OF BENEFITS Sec. 250.130. Determination. Sec. 250.131. Procedure. Sec. 250.132. Method. Sec. 250.133. Formulae. SUBARTICLE III CURATION SUBDIVISION 1 CURATION Sec. 250.135. Constitutionality. Sec. 250.136. Waiver. Sec. 250.137. Orders Final. Sec. 250.138. Notice of Award. Sec. 250.139. Liberally Construed. Sec. 250.140. Validity. Sec. 250.141. Effect of Publication. Sec. 250.142. Dedication. Sec. 250.143. Limitation of Actions. Sec. 250.144. ID.—Nonfixed Lien. Sec. 250.145. ID.—Defense. Sec. 250.146. Validating Procedure.

Sec. 250.147. Procedure. SUBDIVISION 2 RE-ASSESSMENT Sec. 250.150. Re-Assessment. Sec. 250.151. Uncompleted Improvement. Sec. 250.152. When and How Much. Sec. 250.153. Interest. Sec. 250.154. Payment. SUBARTICLE IV LIEN SUBDIVISION 1 NATURE AND EXTENT Sec. 250.160. Priority of Liens. Sec. 250.161. Duration of Liens. Sec. 250.162. Nonfixed Lien Bonds. Sec. 250.163. Priority of Nonfixed Lien Assessment Levies. SUBARTICLE V ACQUISITION, IMPROVEMENT AND MAINTENANCE DISTRICT PROCEDURE SUBDIVISION 1 INVESTIGATION PROCEEDINGS Sec. 250.170. Necessity of Improvement. Sec. 250.171. Preliminary Determination of Necessity. Sec. 250.172. Notice and Hearing. Sec. 250.173. Objections. Sec. 250.174. Final Determination of Necessity. Sec. 250.175. Modification. Sec. 250.176. Jurisdiction. Sec. 250.177. Nonapplication. Sec. 250.178. Finality. Sec. 250.179. Notice of Assessment—Fixed Lien Assessments. Sec. 250.180. ID.—Other Assessments. SUBDIVISION 2 IMPROVEMENT ACT OF 1911 Sec. 250.185. Powers. Sec. 250.186. Cash Assessments, Alternative Collection. Sec. 250.187. ID.—Resolution, Contents. Sec. 250.188. ID.—Filing. Sec. 250.189. ID.—Extension on Roll. Sec. 250.190. ID.—Collection. Sec. 250.191. ID.—Payment to Contractor. Sec. 250.192. ID.—Default. Sec. 250.193. ID.—Resale. Sec. 250.194. ID.—No Bidder. SUBDIVISION 3 RESERVED SUBDIVISION 4 MUNICIPAL IMPROVEMENT ACT OF 1913

Sec. 250.210. Powers. Sec. 250.211. Hearing. Sec. 250.212. Bonds. Sec. 250.213. Payment—Time. Sec. 250.214. ID.—To Whom. Sec. 250.215. Eminent Domain. Sec. 250.216. Stipulations for Judgment. Sec. 250.217. Offset. Sec. 250.218. Referees. Sec. 250.219. Surplus. Sec. 250.220. Notice to Owners. SUBDIVISION 5 PARKING AND TRANSIT DISTRICTS Sec. 250.230. Power. Sec. 250.231. District. Sec. 250.232. Zones. Sec. 250.233. Property. Sec. 250.234. City Lands or Property. Sec. 250.235. Sale or Lease of Property. Sec. 250.236. Lease of Property. Sec. 250.237. Incidental Use of Property. Sec. 250.238. Fees and Rentals. Sec. 250.239. Operation—Parking. Sec. 250.240. Operation—Transit. Sec. 250.241. Maintenance Cost. Sec. 250.242. Annual Report. Sec. 250.243. ID.—Hearing. Sec. 250.244. ID.—Collecting Assessment. Sec. 250.245. Transfer of Funds. Sec. 250.246. Pledge. Sec. 250.247. Covenants. Sec. 250.248. Alteration of District. Sec. 250.249. ID.—Publication. Sec. 250.250. ID.—Hearing. Sec. 250.251. ID.—Order. Sec. 250.252. ID.—Effect. Sec. 250.253. Supplemental Remedy Provisions. SUBDIVISION 6 MAINTENANCE DISTRICTS Sec. 250.260. New Maintenance Districts. SUBARTICLE VI ASSESSMENT BOND PROCEDURE SUBDIVISION 1 GENERAL PROVISIONS Sec. 250.270. Purpose. Sec. 250.271. Declaration in Resolution of Intention. Sec. 250.272. Form of Bonds. Sec. 250.273. Date. Sec. 250.274. Interest. Sec. 250.275. Serial Amounts. Sec. 250.276. Divisions. Sec. 250.277. Execution.

Sec. 250.278. Sale of Bonds. Sec. 250.279. Premium. Sec. 250.280. Registration—Against Theft. Sec. 250.281. ID.—Against Delinquency. Sec. 250.282. Mutilated, Defaced, Lost or Destroyed Bonds. Sec. 250.283. Destruction of Paid Bonds and Coupons. Sec. 250.284. Payment of Assessments With Matured Bonds and Coupons. Sec. 250.285. Distribution of Surplus. SUBDIVISION 2 BOND PLAN A—LOT BONDS Sec. 250.290. Powers. Sec. 250.291. Interest. Sec. 250.292. Assessments Under $150. SUBDIVISION 3 BOND PLAN B—DISTRICT BONDS Sec. 250.295. Powers. Sec. 250.296. Assessments Under $150. Sec. 250.297. Unpaid List. Sec. 250.298. Denominations. Sec. 250.299. Calling Bonds. SUBDIVISION 4 BOND PLAN C—DISTRICT (LIABILITY) BONDS Sec. 250.305. Powers. Sec. 250.306. Bond Form. Sec. 250.307. Supplemental Advances. Sec. 250.308. Supplemental Levies. Sec. 250.309. Advance Payment and Calling Bonds. Sec. 250.310. Tax Deed and Sale. Sec. 250.311. Court Foreclosure. Sec. 250.312. Foreclosure by Bondholder. Sec. 250.313. Bid. Sec. 250.314. Use of Bonds and Coupons To Purchase Property. Sec. 250.315. Bonds and Coupons May Be Used to Purchase or Redeem Property. Sec. 250.316. Other Bondholders Shall Have no Interest in Applied Bond Proceeds. Sec. 250.317. Streets and Highways Code Section 8688 Shall Apply. Sec. 250.318. Bonds Applied Shall be at Par. SUBDIVISION 5 BOND PLAN D—AD VALOREM (LAND) BONDS Sec. 250.320. Board Powers. Sec. 250.321. Assessment District. Sec. 250.322. Zones. Sec. 250.323. Zone Description. Sec. 250.324. Assessment Provisions Inapplicable. Sec. 250.325. Redemption Fund. Sec. 250.326. Annual Assessment. Sec. 250.327. Other Provisions. Sec. 250.328. Voter Approval. Sec. 250.329. Calling Election. Sec. 250.330. Poll Election. Sec. 250.331. Mailed Ballot Election. Sec. 250.332. Publication. Sec. 250.333. Posting.

Sec. 250.334. Time and Proof. Sec. 250.335. Proposition. Sec. 250.336. Mailing Ballots. Sec. 250.337. Canvass, Return and Declaration. Sec. 250.338. Secret Ballot. Sec. 250.339. Court Foreclosure. SUBDIVISION 6 BOND PLAN E—AD VALOREM (REALTY) BONDS Sec. 250.345. Powers. Sec. 250.346. Assessment District. Sec. 250.347. Zones. Sec. 250.348. Improvement Bonds. Sec. 250.349. Acquisition Bonds. Sec. 250.350. Municipal Improvement District Bonds. Sec. 250.351. Possession Bonds. Sec. 250.352. Notice of Hearing. Sec. 250.353. Form of Notice. Sec. 250.354. Hearing. Sec. 250.355. Issuance of Bonds. Sec. 250.356. Bond, Form and Execution. Sec. 250.357. Issues, Series, Divisions. Sec. 250.358. Callable Bonds. Sec. 250.359. Supplemental Bonds. Sec. 250.360. Interest. Sec. 250.361. Ad Valorem Assessment. Sec. 250.362. ID.—Method of Collection. Sec. 250.364. Validity of Bonds and Assessment Rate. Sec. 250.365. Issuance of New Bonds When Proceedings For Bonds Irregular. Sec. 250.366. Alteration of Boundaries. Sec. 250.367. Election. SUBDIVISION 7 BOND PLAN F—BENEFIT BONDS Sec. 250.370. Powers. Sec. 250.371. Purpose. Sec. 250.372. Assessment Provisions Inapplicable. Sec. 250.373. Resolution of Intention. Sec. 250.374. Assessment Formulae. Sec. 250.375. Hearing as to Benefits. Sec. 250.376. Initial Modification. Sec. 250.377. Final Determination. Sec. 250.378. Subsequent Modification. Sec. 250.379. Notice. Sec. 250.380. Hearing and Determination. Sec. 250.381. Form of Bonds. Sec. 250.382. Separate Series. Sec. 250.383. Interest. Sec. 250.384. Interest After Maturity. Sec. 250.385. Callable Bonds. Sec. 250.386. Execution of Bonds. Sec. 250.387. Executing and Contents of Coupons. Sec. 250.388. Construction Fund. Sec. 250.389. Redemption Fund. Sec. 250.390. Trust Funds. Sec. 250.391. Budget—Contents.

Sec. 250.392. Benefit Assessment. Sec. 250.393. Report. Sec. 250.394. Certification. Sec. 250.395. Adoption by the Board. Sec. 250.396. Further Board Action. Sec. 250.397. Hearing—Date. Sec. 250.398. Hearing—Notice—Publication and Posting. Sec. 250.399. Hearing—Notice—Form. Sec. 250.400. Hearing—Affidavits. Sec. 250.401. Hearing—Protests. Sec. 250.402. Hearing—Board Duties. Sec. 250.403. Hearing—Decision Final. Sec. 250.404. Certification and Filing. Sec. 250.405. Benefit Assessments—Posting. Sec. 250.406. Collection Method. Sec. 250.407. Advance of Funds. Sec. 250.408. Public Property Exempt. Sec. 250.409. Omitted Property—Assessment. Sec. 250.410. Validity of Bonds and Assessment. Sec. 250.411. Curation. Sec. 250.412. Dedication. Sec. 250.413. Decisions Final. Sec. 250.414. New Bonds—Issued When Proceedings Irregular. Sec. 250.415. Existing Bonds—Security. Sec. 250.416. Existing Bonds—Exchange. Sec. 250.417. Sale of New Bonds—Retirement of Old Bonds. Sec. 250.418. Alternate Bond Dates. Sec. 250.419. Supplemental Remedy Provisions. Sec. 250.420. Alteration of Boundaries. SUBDIVISION 8 REFUNDING BONDS Sec. 250.425. Purpose. Sec. 250.426. General Law Assessment Bonds. Sec. 250.427. Procedure Code Assessment Bonds. Sec. 250.428. Refunding Bonds. Sec. 250.429. Amounts Funded or Refunded. Sec. 250.430. Exchange. Sec. 250.431. Sale. Sec. 250.432. Refunding Plan. Sec. 250.433. Depository or Trustee. Sec. 250.434. Joint Proceedings. Sec. 250.435. Contract Rights. SUBARTICLE VII TEMPORARY BORROWING SUBDIVISION 1 BOND ANTICIPATION NOTES Sec. 250.440. Bonds. Sec. 250.441. Note. Sec. 250.442. Resolution. Sec. 250.443. Borrowing. Sec. 250.444. Authorizing Resolution. Sec. 250.445. Note Form.

Sec. 250.446. Bond Description. Sec. 250.447. Negotiability. Sec. 250.448. Callable Note. Sec. 250.449. Limitation on Amount. Sec. 250.450. Denomination; Term. Sec. 250.451. Payment Source. Sec. 250.452. Bond Issuance. Sec. 250.453. Assignment. Sec. 250.454. Pledge. Sec. 250.455. Lien. Sec. 250.456. Grant Anticipation Funds; Payment; Assignment; Pledge. Sec. 250.457. Other Funds. Sec. 250.458. Saving Clause. Sec. 250.459. Time of Issuance. Sec. 250.460. Execution. Sec. 250.461. Issuance and Sale; Interest. Sec. 250.462. Use of Funds. Sec. 250.463. Refunding. SUBARTICLE VIII LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT PROCEDURE SUBDIVISION 1 GENERAL PROVISIONS Sec. 250.470. Purpose and Intent. Sec. 250.471. Compliance With Subarticle. Sec. 250.472. Necessary or Convenient Procedure Authorized. Sec. 250.473. Nonexclusiveness of Remedies. Sec. 250.474. Abandonment of Proceedings. Sec. 250.475. Effect Upon Other Law. Sec. 250.476. Construction. Sec. 250.477. Incorporation of the Landscaping and Lighting Act of 1972. SUBARTICLE IX CERTIFICATE AND PUBLICATION Sec. 250.480. Certificate and Publication.

SUBARTICLE I GENERAL PROVISIONS SUBDIVISION 1 APPLICATION AND EFFECT

This Article shall be cited and referred to as the San Francisco Improvement Procedure Code.

(Added by Ord. 225-81, App. 5/5/81)

Proceedings for the acquisition, construction or maintenance of any public improvement or property of a local nature or the acquisition of lands or easements, or buildings or improvements or property, or any or more than one thereof, therefor, may be had pursuant to this Procedure Code, whether or not provided in any general law or by other Articles of the Municipal Code. (Added by Ord. 225-81, App. 5/5/81)

This Procedure Code shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date hereof, excepting proceedings for a supplemental assessment, a reassessment, a refunding and the curative provisions hereof. (Added by Ord. 225-81, App. 5/5/81)

The procedures provided in the several articles or bond plans hereof are alternative. (Added by Ord. 225-81, App. 5/5/81)

This Procedure Code is not exclusive. The resolution of intention in any proceeding under any act or general law may provide that such act or general law is supplemented by any part or parts hereof. (Added by Ord. 225-81, App. 5/5/81)

Titles to sections are a part of the same section. "Id", when used in a title, means that the subject matter of such section is a part of the subject matter of the last preceding section in the title of which the word Id does not appear. When two Ids appear in a title, the subject matter of such section is a part of the subject matter of the last preceding section in the title of which the word Id does not appear and the subject matter of all intervening sections. (Added by Ord. 225-81, App. 5/5/81)

The provisions of this Procedure Code shall be controlling over the provisions of any general law or act in conflict herewith in any proceeding taken hereunder. (Added by Ord. 225-81, App. 5/5/81)

This Procedure Code is adopted pursuant to the Municipal Affairs provision of the Charter of this City and County. In proceedings had pursuant hereto which are a Municipal Affair, the general laws herein referred to are deemed a part hereof. (Added by Ord. 225-81, App. 5/5/81)

In the event any proceeding had pursuant hereto shall be adjudged a State Affair, it is hereby declared to be the intention that said proceedings were had pursuant to the general law or laws cited in the chapter or articles hereof specified in the resolution of intention therein. (Added by Ord. 225-81, App. 5/5/81)

One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding. (Added by Ord. 225-81, App. 5/5/81)

Subarticles 1, 2, 3 and 4 are supplemental to and controlling over the provisions of each other part of this Procedure Code in conflict therewith. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 2 DEFINITIONS

"Acquisition," or any of its variants, means and includes one or more of the following: (a) Any works, improvements, appliances, equipment or facilities authorized to be made, constructed or acquired under this Procedure Code, whether or not in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof, any use or capacity rights in any of the foregoing and any works, improvements, appliances, equipment or facilities acquired or installed pursuant to Sections 10109 to 10011, inclusive, of the Streets and Highways Code: (b) Electric current, gas or other illuminating agent for power or lighting service; (c) Any rights of service or use in public facilities or utilities necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this Procedure Code; (d) Any real property, rights-of-way, easements or interests in real property, acquired or to be acquired by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this Procedure Code;

(e) The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The cost of such payment shall be included in the new assessment on such parcel. This subdivision shall be applicable only in cases where such acquisition is incidental to other acquisitions or improvements. The word "acquisition," when used referring to that which is done, which is to be done, or which may be done under proceedings had under this Procedure Code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition and shall refer to and include any or all of the things comprehended in the meaning of the word acquire herein. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being, in relation to the resolution of intention. (Added by Ord. 225-81, App. 5/5/81)

"Block," whether it be a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it. (Added by Ord. 225-81, App. 5/5/81)

"Charter" means the Charter of the City and County of San Francisco. (Added by Ord. 225-81, App. 5/5/81)

"City" means City and County of San Francisco. (Added by Ord. 225-81, App. 5/5/81)

"Clerk" and "City Clerk" refer to the Clerk of the Board of Supervisors. (Added by Ord. 225-81, App. 5/5/81)

"Contractor" means the person, including contracting owners or their agents, to whom a contract for the performance of any work authorized is awarded. (Added by Ord. 225-81, App. 5/5/81)

"Board" or "Board of Supervisors" means the Board of Supervisors of the City. (Added by Ord. 225-81, App. 5/5/81)

"Director" means the Director of Public Works. (Added by Ord. 225-81, App. 5/5/81)

The words "general law" or the word "act" or the reference to any law or act by its title shall mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, or unless an applicable specific provision hereof shall conflict therewith, any law or act incorporated herein or made applicable hereby shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in the proceedings. (Added by Ord. 225-81, App. 5/5/81)

"Improvement" means any works, improvements, appliances, equipment and facilities of local benefit to land, which are for a public purpose or which are necessary or incidental to a public purpose. The word "improvement," when used referring to that which is done, which is to be done, or which may be done under proceedings had under this Procedure Code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition and shall refer to and include any or all of the things comprehended in the meaning of the word improve herein. (Added by Ord. 225-81, App. 5/5/81)

"Lot," "land," "piece," or "parcel of land," whether used singly or in combination, means: (a) A parcel of real property which is shown as a single lot in a lawfully recorded subdivision approved pursuant to the provisions of the Subdivision Map Act; or (b) A parcel of real property the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or (c) A parcel of real property shown on a parcel map as a single lot lawfully recorded pursuant to the provisions of the Subdivision Map Act; or (d) Any parcel of real property otherwise created and dimensioned whether or not deemed lawful pursuant to the City Zoning regulation; or (e) Two or more lots which are combined by an appropriate recorded written instrument, or, two or more lots which are combined by a common usage, may be deemed for assessment purposes a single lot. (Added by Ord. 225-81, App. 5/5/81)

"Owner" means the person owning the fee, or the person in whose name the legal title to the property appears by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of ownership, or exercising acts of ownership over the same for himself or as life tenant, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner. The lessee in possession of tax exempt property, the leasehold interest of which is subject to assessment, is deemed to be the owner.

(Added by Ord. 225-81, App. 5/5/81)

"Parking Place" includes a parking lot, garage or sub-surface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters, landscaping, pedestrian walkways, and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places. (Added by Ord. 225-81, App. 5/5/81)

"Paved" or "repaved" includes pavement of any commonly used paving material. (Added by Ord. 225-81, App. 5/5/81)

"Person" means an individual, partnership, corporation, association, trust or any other legal entity. (Added by Ord. 225-81, App. 5/5/81)

"Place" includes any public street, alley or easement or other public property which has been dedicated and accepted or is otherwise publicly owned according to law, or which has been in common and undisputed use by the public for a period of not less than five years next preceding, or which is sought to be acquired in any proceeding undertaken pursuant to this Procedure Code, or which is sought to be acquired in conjunction with any proceeding undertaken pursuant hereto. (Added by Ord. 225-81, App. 5/5/81)

"Project" or "improvement," when used in the generic sense, means the acquisition and/or improvement undertaken in a single proceeding. (Added by Ord. 225-81, App. 5/5/81)

"Street" includes streets, avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding or which have been dedicated to a semi-public use. (Added by Ord. 225-81, App. 5/5/81)

"Street Superintendent" or "Superintendent of Streets" refers to the Director of Public Works of the City. (Added by Ord. 225-81, App. 5/5/81)

"Transit System" means the portion of the Municipal Railway System of the City and County of San Francisco found to be of special benefit. (Added by Ord. 225-81, App. 5/5/81)

"Treasurer" means the Treasurer of the City. (Added by Ord. 225-81, App. 5/5/81)

"Work" or "improvement," whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this Procedure Code or pursuant to any general law providing for assessment for local improvement or benefit, as well as the construction, reconstruction, maintenance and repair of all or part of any such work or improvement. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 3 INCIDENTAL EXPENSES

The term "incidental expenses," when referring to proceedings for an acquisition, shall be deemed to mean and shall include: (a) The amounts awarded to the owners, lessees and lienholders by the interlocutory judgments in an action for eminent domain, including sums required to be paid or expended by reason of relocation, and compensatory amounts paid to such persons as a consequence of a negotiated transaction; (b) Any and all costs and expenses incurred in prosecuting an eminent domain proceeding, including but not limited to court costs, witness fees, investigative costs and similar related items; (c) All costs for maps, plats, surveys, searches, certificates of title, and title policies for the property to be acquired; (d) All fees and costs incurred for services rendered by attorneys, appraisers, financial advisors and engineers, including costs of preparing the assessment and assessment diagram; (e) The estimated cost of preparing and selling the bonds, including any reserve fund established for the further securing of the bonds; and (f) Any other expenses incurred by authority of this Procedure Code or incidental to the financing and completion of the acquisition

and the assessment proceedings in the manner herein specified. (Added by Ord. 225-81, App. 5/5/81)

"Incidental expenses," when referring to proceedings for an improvement, shall be deemed to mean and shall include all expenses necessarily incurred in the proceedings: (a) For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings; (b) All fees and costs incurred for services rendered by attorneys, financial advisors, and engineers, including costs of preparing the assessment and assessment diagram; (c) The estimated cost of preparing and selling the bonds, including any reserve fund established for the further securing of the bonds; and (d) Any other expenses incurred by authority of this Procedure Code or incidental to the financing and completion of the improvement and the assessment proceedings in the manner herein specified. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 4 REFERENCES

The resolution of intention shall specify the parts of this Procedure Code or general law pursuant to which the proceedings are taken. (Added by Ord. 225-81, App. 5/5/81)

In all resolutions, notices, orders and determinations, subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 5 NOTICES

No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this Procedure Code, shall be necessary to give validity to any of the proceedings provided for herein. (Added by Ord. 225-81, App. 5/5/81)

Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of posting or publishing the mailing, or procuring the same, is not specifically enjoined upon any officer or person, the Clerk shall post or mail or procure the publication or posting or mailing thereof, as the case may be. (Added by Ord. 225-81, App. 5/5/81)

Notices, resolutions, or other documents required to be published shall be published once in a newspaper of general circulation in the City. If any hearing is therein noticed, said hearing shall be had not less than 10 days after such publication unless a shorter time is provided by general law. (Added by Ord. 225-81, App. 5/5/81)

It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless no publication is provided and posting or mailing is necessary to provide jurisdiction. In such event, said posting or mailing shall be at least 10 days prior to any hearing provided therein unless a shorter time is provided by general law. (Added by Ord. 225-81, App. 5/5/81)

All documents provided to be posted, other than a notice of improvement, shall be posted on or near the Board Chamber door or on any bulletin board in or adjacent to the City Hall. (Added by Ord. 225-81, App. 5/5/81)

When any notice, resolution or other document is mailed, it shall be mailed by First Class postage prepaid to the property owners: (a) According to their names and addresses as appearing on the last equalized County Assessment roll, or (b) Entitled to be shown on the next equalized roll as determined from the records of the County Assessor ascertained prior to the mailing, or (c) As filed with or known to the Clerk. (Added by Ord. 225-81, App. 5/5/81)

Notices of improvement, as posted, shall be entitled "Notice of Improvement" in letters at least ½ inch in height. The Board may provide in the resolution of intention or other document fixing hearing whether and where such notices shall be posted. (Added by Ord. 225-81, App. 5/5/81)

The Certificate of the Clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 6 PUBLIC AND UTILITY PROPERTY

If any lot or parcel of land belonging to the United States, or to the State, or to any county, city, public agency, mandatory of the government, school board, educational, penal or reform institution or institution for the feebleminded or the insane, is in use in the performance of a public function, and fronts upon the proposed work or is included within the district to be assessed to pay the costs and expenses thereof, the Board may, in the resolution of intention, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work. (Added by Ord. 225-81, App. 5/5/81)

If any such lots or parcels of land are omitted from the assessment and no contribution has been provided therefor, the total expense of all work done shall be assessed on the remaining lots or parcels of land fronting on the work, or lying within the limits of the assessment district, without regard to such omitted lots or parcels of land. (Added by Ord. 225-81, App. 5/5/81)

Notwithstanding any provision of general law which requires the City to pay any assessment levied on property described in Section 250.065 of this Procedure Code, the Board shall have the power to levy an assessment thereon and such agency to pay the same, (a) Pursuant to any general law authorizing the same, or (b) Pursuant to any contract therefor between the City and such agency; and the legality thereof shall not be affected by the providing or the failure to provide therefor in the resolution of intention. (Added by Ord. 225-81, App. 5/5/81)

Property owned or used by any privately owned public utility shall be assessed in the same manner as other property in the district. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 7 CONTRIBUTIONS AND ADVANCES

Contributions or partial payments from the United States or the State or any agency of either, or from any other public entity, may be accepted and the same or any available City monies, deemed by the Board to be in the furtherance of the public interest, may be applied to any part of the costs of a project at any time during or after the proceedings and, where appropriate, applied in reduction of the amount assessed or to be assessed therefor. (Added by Ord. 225-81, App. 5/5/81)

In any proceedings had hereunder, the City may, at any time prior to the delivery or sale thereof, determine to purchase the assessment, warrant or bonds to be issued therein, subject to any limitations contained in the Charter. (Added by Ord. 225-81, App. 5/5/81)

In such event, the City shall, upon the issuance of the assessment, warrant or bonds, direct the payment of the principal amount to the persons entitled thereto. (Added by Ord. 225-81, App. 5/5/81)

Such bonds, when issued, shall be made payable to bearer, provided, however, that the Board may provide for their issuance in, or conversion to, registered form. (Added by Ord. 225-81, App. 5/5/81)

In the case of such investment, the City shall succeed to all rights under such assessment, warrant and bonds. (Added by Ord. 225-81, App. 5/5/81)

The City shall have like power to subsequently acquire and own any bonds or assessments or contract issued or levied or made hereunder, or now issued and outstanding, for any improvement and/or acquisition of the City. (Added by Ord. 225-81, App. 5/5/81)

The City may bid and purchase any real or personal property offered for sale for the nonpayment of any improvement assessment levied and assessed under any of the provisions of this part, or of any installment thereof, or penalties or costs or interest thereon, or any suit brought to foreclosure such assessment. (Added by Ord. 225-81, App. 5/5/81)

Whenever any property shall have been acquired by the City at any such sale, then such property, or any lien thereon or interest therein created by such assessment, may be released, assigned, sold or otherwise disposed of by City as it shall determine; provided, however, that no such release, assignment, sale or other disposition of any such lien or interest, or of any such property, shall be made unless there shall be first paid to City a sum of money equal to, and not less than the amount paid therefor by City, together with all accrued penalties, costs, interest, and necessary expenses incurred; provided, further, that if any lien or interest, or property, cannot, as determined by the Board, be sold for the amounts or charges computed as herein provided, then the Board may by 4/5 vote of all its members, sell any such lien or interest or property for the best price obtainable according to its judgment; provided, further, that the Board may determine by such 4/5 vote that the public interest would best be served by the sale of such property for a particular use, in which event the consideration therefor shall be as deemed appropriate by the Board. (Added by Ord. 225-81, App. 5/5/81)

The Board may declare in the resolution of intention or by separate resolution subsequently adopted that the City intends to advance the entire cost of the project from available funds without issuance of bonds. In such event, the City shall pay all project costs as they accrue, and shall succeed to all rights under the assessment and to all rights which would have accrued under the bonds had they been issued. (Added by Ord. 225-81, App. 5/5/81)

The assessment and diagram and/or warrant shall be recorded as in other cases and notice to pay assessments given in the time and manner provided herein. Such notices shall provide in substance that the assessment may be paid in cash in whole or in part at any time prior to the notice hereinafter mentioned in Section 250.080, but that the amount unpaid as of July 1st of each year following the recordation of the assessment will be increased by a penalty of 10 percent. (Added by Ord. 225-81, App. 5/5/81)

The City may, at any time after the expiration of 30 days from recordation of the assessment, give notice by publication and mailing that the amounts unpaid on the 30th day after such mailing are due and payable to the City in annual installments, not necessarily equal, but not exceeding the maximum number of installments set forth in the resolution of intention, with interest at rates to be fixed by the Board, but not to exceed the rate set forth in the resolution of intention. (Added by Ord. 225-81, App. 5/5/81)

Thereafter, the annual proportion of each assessment coming due in any year, together with the annual interest on such assessment,

shall be payable in the same manner and at the same time and in the same installments, and be subject to the same proportionate penalties and interest after delinquency as would have been the case had bonds been issued to represent the unpaid assessments. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 8 REVOLVING FUNDS

In the exercise of any of the powers now or hereafter provided for in this Procedure Code, including, but not limited to, the right to take immediate possession in eminent domain proceedings, the Board may, by resolution, create a revolving fund, transfer lawful monies to it, use said monies for the purposes designated, reimburse said fund from any monies derived pursuant to this Procedure Code, and dissolve said fund by retransferring said monies to the funds from which they were transferred or to any other fund it deems appropriate, consistent with any legal limitations on the ultimate use of such monies and consistent with the provisions of the Charter. (Added by Ord. 225-81, App. 5/5/81)

The revolving fund may be established, operated, reimbursed, reduced or dissolved, in which event Article 2, Chapter 3, Division 4, Title 4 of the Government Code, may, but need not, apply. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 9 ASSESSMENT AND DIAGRAM

Parcels may be described as contained on the County assessment roll, or with reference to recorded maps or deeds or assessors' maps, or by other means sufficient for identifications. (Added by Ord. 225-81, App. 5/5/81)

Any proceeding had pursuant to this Procedure Code may include all sums necessary to remove former assessments for other projects on any of the lands within the assessment district, and for the call and retirement of the bonds issued therefor, in order that the new assessments shall become a first lien on all properties assessed. (Added by Ord. 225-81, App. 5/5/81)

IMPROVEMENTS. In assessing the costs of any acquisitions, improvements or maintenance, credits may be given or adjustments may otherwise be made by reason of the former or present contribution of monies, lands, easements or improvements, or any interest therein, which would otherwise have to be acquired or constructed and the costs assessed in the project. Should the assessments be related to transit, credit or adjustment may be made for all, or that portion, of any transit development fee or other similar fee or charge which may have been paid for the same purpose. (Added by Ord. 225-81, App. 5/5/81)

The diagram may describe the lands contained therein in reference to or by copies of official maps or assessors' maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE II GENERAL PROCEDURE SUBDIVISION 1 PROTESTS

Objections may be made to ordering improvements or acquisitions, or to grades, or to an assessment, or the extent of the district, or to any supplemental assessment or re-assessment, the legality of any act or proceedings, or to changes, or to any part thereof, at or before the hour set for the hearing thereon. (Added by Ord. 225-81, App. 5/5/81)

Protests shall be in writing, signed by the owner, contain a description of the property owned sufficient to identify same, and state the interest therein and the nature of the protest, and be filed with the Clerk prior to the hour fixed for hearing. (Added by Ord. 225-81, App. 5/5/81)

Objections to legality shall specify the illegality, and no other illegalities need be considered. (Added by Ord. 225-81, App. 5/5/81)

Except as otherwise provided herein, the Board may, by the affirmative vote of a majority of all its members, overrule protests by the owners of more than half the area to be assessed. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 2 HEARINGS

No hearings need be set for a longer period than the time required for giving notice thereof. (Added by Ord. 225-81, App. 5/5/81)

At the hearing, the Board shall consider and pass upon the protests, may remedy or correct any irregularity, and may order any improvement or acquisition to be completed according to the plans and specifications and to their satisfaction. (Added by Ord. 225-81, App. 5/5/81)

A hearing may be continued from time to time and to a specific date, time and place. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 3 MODIFICATIONS

During the progress of the project, the Board may make changes in the improvements or acquisitions, the boundaries of the proposed assessment district or zones or the assessment or the estimate of costs, or in any of the proceedings or procedures. (Added by Ord. 225-81, App. 5/5/81)

Where said changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or

increasing improvements or acquisitions or making substitutions therein or in the proceedings or procedures, they shall not be ordered except after notice of its intention so to do has been published in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing. Where said change results in the increase of a fixed lien assessment as to any one or more parcels, or a change of formula for apportionment of a nonfixed lien assessment, notice of such intention shall also be given by mail to the owners of such parcels, not less than 10 days before said hearing. (Added by Ord. 225-81, App. 5/5/81)

Protests may only be made against the proposed changes. (Added by Ord. 225-81, App. 5/5/81)

If no protests are made, or are found to be insufficient, or have been overruled, immediately thereon the Board may order such changes. (Added by Ord. 225-81, App. 5/5/81)

Said changes may be made in permanent form upon the face of the plans, specifications, estimate, diagram, assessment or other document affected, or by an amended or supplemental document. (Added by Ord. 225-81, App. 5/5/81)

The lien date of the original assessment shall not be affected by any such order of modification. The lien date of such changes shall be the date on which the original assessment was recorded. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 4 SUPPLEMENTAL ASSESSMENT

If the first assessment for any improvement or acquisition, or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered or to be rendered, and the costs and expenses of such action or proceedings, or the estimated amount of any thereof, are insufficient, the Board may order a supplemental assessment to raise such deficit. (Added by Ord. 225-81, App. 5/5/81)

Said assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment, or a re-assessment may be had therefor; and said proceedings may be repeated until sufficient money is raised to pay for same. (Added by Ord. 225-81, App. 5/5/81)

Notice shall be given, protests may be made, and said supplemental assessment heard, confirmed and recorded as herein provided for modifications. (Added by Ord. 225-81, App. 5/5/81)

Proceedings for notice, demand and payment shall be had as provided for the original assessment. (Added by Ord. 225-81, App. 5/5/81)

Where annual assessments are levied and liens imposed to pay the annual principal and interest of bonds issued pursuant to Subdivisions 5, 6 and 7 of Subarticle VI, or pursuant to a similar plan, which bonds do not represent fixed amounts which are a lien on the lots or parcels assessed, an increase of the costs and of the supplemental bonds to be issued shall be ordered in the manner provided herein for modification. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 5 REAPPORTIONMENT OF BENEFITS

When the assessments are other than fixed lien assessments, in the judgment of the Board the varying benefits which are being derived by the several parcels of taxable property no longer reflect the benefits received from the improvements, whether within an assessment district theretofore established by it, or in a zone thereof, or as to the extent of the areas of either, either by reason of changed conditions or a reconsideration of original benefits, the apportionment of which has been established by it, it may take proceedings to re-establish the apportionment of said benefits among said several parcels. (Added by Ord. 225-81, App. 5/5/81)

When proceedings are had pursuant hereto, the provisions of Subdivision 3 of this Subarticle shall apply. (Added by Ord. 225-81, App. 5/5/81)

In the reapportionment of said benefits, the properties may be divided into zones in the manner herein provided, varying benefits may be assigned to the several zones, benefits of existing zones may be reapportioned, changes may be made in the properties within the district, or in the method of apportioning benefits previously established, or in the amounts or percentage of money that may be raised in the various zones, or in the rate of assessment levy that may be made therein, and provision may be made for granting credits for offsetting benefits. (Added by Ord. 225-81, App. 5/5/81)

The formulae for making such changes and modifications, the manner of apportioning benefits and the manner in which it shall be carried out shall be clearly set forth in the resolution of intention to make the changes. The resolution ordering the change shall also set forth such matters, either expressly or by referring to them as set forth in the prior resolution. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE III CURATION SUBDIVISION 1 CURATION

If any provision of this Procedure Code or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect any other provision or such other application of such provision which can be given effect without such provision or application, and to this end the provisions of this Procedure Code are declared to be severable. (Added by Ord. 225-81, App. 5/5/81)

All objections not made within the time and manner herein provided are waived. (Added by Ord. 225-81, App. 5/5/81)

All decisions and determinations of the Board, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been or may be remedied, and as to illegalities not amounting to a want of due process of law. (Added by Ord. 225-81, App. 5/5/81)

The notice to pay assessments under the Street Opening Act of 1903 or the Municipal Improvement Act of 1913, and a notice confirming assessment or re-assessment under any other procedure herein, shall have like curative effect as the Notice of Award under the Improvement Act of 1911. (Added by Ord. 225-81, App. 5/5/81)

This Procedure Code shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the Board to order the work, improvement, or maintenance shall void or invalidate such proceeding or any assessment for the cost of any work, acquisition, or maintenance hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Board in accordance with the provisions hereof. (Added by Ord. 225-81, App. 5/5/81)

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this Procedure Code as to the officer or person posting or publishing or mailing, or procuring the publication or posting or mailing of any notice, resolution, order or other matter when such notice is actually given for the time required. (Added by Ord. 225-81, App. 5/5/81)

No assessment, reassessment, supplemental assessment, warrant, diagram, bond, or note, or any of their levy or issuance, and no proceedings for same, shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as herein provided. (Added by Ord. 225-81, App. 5/5/81)

No proceedings shall be held to be invalid upon the ground that the place or property upon which the work or improvement or part thereof is to be or was done, had not been lawfully dedicated or acquired, provided the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before final judgment is entered in any legal action. (Added by Ord. 225-81, App. 5/5/81)

No action, suit or proceeding to set aside, cancel, void, annul or correct any assessment or re-assessment, or to review any of the procedures, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or re- assessments or supplemental assessments shall be maintained by any person unless such action, suit or proceeding shall have been commenced within 30 days after the acquisition or improvement, or the formation of the maintenance district, had been ordered or such assessment shall have been confirmed, whichever shall first occur. (Added by Ord. 225-81, App. 5/5/81)

When bonds are to be issued pursuant to Subdivisions 5, 6, or 7 of Subarticle VI, pursuant to a similar plan, in which the bonds do not represent fixed amounts which are a lien on the properties assessed, or when a maintenance district is formed, no action, suit or proceeding to set aside, cancel or void the jurisdiction of the Board in the proceedings or to order the issuance of the bonds or to issue the bonds, or to levy any annual assessment to pay the principal and interest of the bonds, or maintenance of said improvements, unless such suit, action or proceeding shall have been commenced within 30 days after the Board shall have ordered the acquisitions and improvements or formation of said district. (Added by Ord. 225-81, App. 5/5/81)

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such 30-day period. (Added by Ord. 225-81, App. 5/5/81)

The Board at any time after the adoption of the resolution of intention, the proposed contractor at any time after the award of the contract to him, or the proposed purchaser of the warrant or any bonds to be issued at any time after the assignment of said warrant or award of said bonds to him, may bring an action in the Superior Court of the State of California in and for the City and County of San Francisco, to determine the validity of any such proceedings, of such proposed contract, or of the assessment or tax levied or to be levied, or of said bonds issued or to be issued. (Added by Ord. 225-81, App. 5/5/81)

Except as provided in Section 250.146, Chapter 9 (commencing with Section 860), Title 10, Part 2, California Code of Civil Procedure, shall apply. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 2 RE-ASSESSMENT

If, in the opinion of the Board, any assessment heretofore or hereafter made or issued is void or unenforceable, for any cause, or if bonds are issued to represent or be secured by any assessments and such issuance is not effective through the curative provisions applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost or the project, or if the Board shall determine that the public interest will be served thereby, a re-assessment may be had. (Added by Ord. 225-81, App. 5/5/81)

Where the assessment was for an uncompleted improvement, a re-assessment may be had notwithstanding the improvement is not completed. In such case, the re-assessment shall assess upon the lands benefited the benefits derived from the improvement or to be derived from the improvement when completed. (Added by Ord. 225-81, App. 5/5/81)

If a determination is made as provided in Section 250.150, the re-assessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating 1/3 of the principal amount outstanding, or upon order of the Board and shall be made in the manner and form provided by the Improvement Act of 1911 or Improvement Bond Act of 1915, whichever is deemed appropriate. Nothing contained herein shall prevent the Board from ordering a re-assessment on its motion, and its decision so to do shall be final and conclusive. (Added by Ord. 225-81, App. 5/5/81)

In the resolution ordering the reassessment, the Board shall determine whether said re-assessment shall include interest and, if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the re-assessment shall bear interest at a rate and from a date certain. (Added by Ord. 225-81, App. 5/5/81)

If the bonds have not been issued, or if the bonds outstanding are not to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for the original assessment. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE IV LIEN SUBDIVISION 1

NATURE AND EXTENT

Except as hereinafter provided, the lien of any assessments levied or bonds issued under this Procedure Code or any law referred to herein shall be subordinate to all special assessment liens and the lien of the bonds previously imposed upon the same property, but shall have priority over all such liens subsequently imposed upon the same property, to be determined by the date or the recordation of the assessment. Bonds issued upon a re-assessment or a supplemental assessment shall have the same priority as that of the original bonds. (Added by Ord. 225-81, App. 5/5/81)

All assessments, reassessments, and bonds and each installment thereof, and the interest, costs and penalties upon same, levied hereunder, shall continue as liens against the lots and parcels on which they are levied and imposed, as provided in the Code of Civil Procedure. (Added by Ord. 225-81, App. 5/5/81)

Bonds issued pursuant to Subdivisions 5, 6, or 7 of Subarticle VI or pursuant to any other bond plan now or hereafter adopted by the Board which are payable from annual assessment levies which are not installments of total assessments which are a fixed lien on the properties assessed, and the annual assessment installments levied to pay the principal and interest of such bonds, are hereby declared to be on an equal parity one with another, regardless of bond plan, issue, series or date of issue. (Added by Ord. 225-81, App. 5/5/81)

Annual assessment installments levied to pay the principal and interest of bonds of the nature described in Section 250.162 or to pay the costs of maintenance and operation of improvements, equipment and facilities, shall constitute liens on the respective lots and parcels assessed co-equal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE V ACQUISITION, AND IMPROVEMENT AND MAINTENANCE DISTRICT PROCEDURE SUBDIVISION 1 INVESTIGATION PROCEEDINGS

When it appears that the public convenience and necessity require an acquisition and/or improvement and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on the said question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this Article. (Added by Ord. 225-81, App. 5/5/81)

A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the Board should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with said Investigation Act. (Added by Ord. 225-81, App. 5/5/81)

The resolution shall contain a notice of the time and place of hearing. A copy of the resolution or of the notice shall be published in one or more issues of a newspaper published and circulated in the City, and a copy shall be posted on or near the Board Chamber door or on a bulletin board in or adjacent to the City Hall. The posting and first publication shall be had at least 10 days before the date of hearing. The resolution may be consolidated with the resolution of intention, and the notice may be incorporated in the notice of improvement. (Added by Ord. 225-81, App. 5/5/81)

Any person interested may object to undertaking the proceedings without first complying with the provisions of the said Investigation Act. (Added by Ord. 225-81, App. 5/5/81)

If no protests are made, or when the protests shall have been heard and overruled, the Board may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition. (Added by Ord. 225-81, App. 5/5/81)

When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modifications shall be deemed a resolution ordering the improvement or

acquisition as to the changes and modifications. (Added by Ord. 225-81, App. 5/5/81)

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of 4/5 of the members of the Board, and its finding and determination shall be final and conclusive. (Added by Ord. 225-81, App. 5/5/81)

This Subdivision shall not apply to a proceeding which is excepted from the provisions of the said Investigation Act, or when the investigation proceedings have been avoided or taken pursuant to said Act. (Added by Ord. 225-81, App. 5/5/81)

Where proceedings for any improvements and/or acquisition or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this Subdivision, proceedings may thereafter be had under this Subdivision with reference thereto, and the order of the Board determining convenience and necessity therein shall be final and conclusive. (Added by Ord. 225-81, App. 5/5/81)

Notice of assessment shall be given in a fixed lien assessment proceeding in the manner provided in Section 3114 of the Streets and Highways Code and Section 27288.1 of the Government Code. (Added by Ord. 225-81, App. 5/5/81)

The provisions of Section 250.179 shall not apply in a proceeding which does not provide for fixed lien assessments. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 2 IMPROVEMENT ACT OF 1911

The Improvement Act of 1911, as said Act may be amended from time to time, is incorporated in and made a part of this Subarticle. When proceedings are taken pursuant to this Subdivision, except as otherwise provided herein, the mode and manner of making improvements and for levying and collecting assessments as set forth in said Act shall apply. (Added by Ord. 225-81, App. 5/5/81)

As an alternative method for the collection of cash assessments or assessments of less than $150 levied upon the provisions of this Subdivision, the Board may, and upon the timely written request of the contractor or his assigns, must, by resolution adopted at or before the first day of September direct that such assessments be collected upon the County tax roll. (Added by Ord. 225-81, App. 5/5/81)

The resolution shall contain a description of the properties so assessed, the amount of such assessments, together with interest thereon from the date of filing the original list of unpaid assessments and at the rate of one percent per month to the next succeeding thirty-first day of December of the tax year for which such roll shall have been prepared, and the total amounts of principal and interest on each property. (Added by Ord. 225-81, App. 5/5/81)

A certified copy of said resolution shall be delivered immediately to the Tax Collector. (Added by Ord. 225-81, App. 5/5/81)

Said officer shall extend upon such roll the total amounts of such assessments and interest. (Added by Ord. 225-81, App. 5/5/81)

Said amounts shall be collected at the same time and in the same manner, as general taxes are collected, and be subject to the same penalties and interest, and to the same procedure for foreclosure and sale in case of delinquency, as provided for general taxes, all of which laws for the levy, enforcement and collection of which are hereby made applicable to such special assessment levies. (Added by Ord. 225-81, App. 5/5/81)

Said assessments and the interest so extended shall become due and payable to the contractor or his assigns at the office of the Treasurer on the second day of January next succeeding. (Added by Ord. 225-81, App. 5/5/81)

Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in such City is sold for the non- payment of general taxes, and be subject to redemption in the same manner as such real property is redeemed from such delinquent sale, and upon failure of such redemption, shall in like manner be sold or pass by deed to the City. The City shall not, however, be required to pay into the assessment fund any part of such delinquency until such property be redeemed or sold and money received therefor. (Added by Ord. 225-81, App. 5/5/81)

Upon receipt of such deed, the City shall thereupon offer and sell such property at public auction in the manner provided by law for the sale of its tax-deeded property, and the amount of said assessment and the penalties and interest thereon, less the costs of said sale, shall be paid to said contractor or his assigns. (Added by Ord. 225-81, App. 5/5/81)

In the event there shall have been no bidder offering the amount then due on such property, it may, at the City's election, be declared sold to the owner of such assessment, and in like manner be deeded to him, and such assessment ordered satisfied of record. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 3 RESERVED SUBDIVISION 4 MUNICIPAL IMPROVEMENT ACT OF 1913

The Municipal Improvement Act of 1913, as said Act may be amended from time to time, is incorporated in and made a part of this Subarticle. When proceedings are taken pursuant to this Subdivision, except where inconsistent with applicable provisions of this Procedure Code, the mode and manner of making improvements and for levying and collecting assessments as set forth in said Act shall apply. (Added by Ord. 225-81, App. 5/5/81)

The hearing on the report need not be set for more than 10 days beyond the date of setting.

(Added by Ord. 225-81, App. 5/5/81)

Bonds may be issued upon any supplemental assessment, and more than one such assessment may be had. (Added by Ord. 225-81, App. 5/5/81)

The time provided for payment of assessments may be 30 days. (Added by Ord. 225-81, App. 5/5/81)

Payment shall be made to the Treasurer unless the Board shall specify some other officer to whom payments are to be made. (Added by Ord. 225-81, App. 5/5/81)

Proceedings in eminent domain may be exercised under the Code of Civil Procedure. Since the assessment is made upon an estimate and before the entry of the interlocutory judgment as to any parcel, benefits above the amount of the assessment on such parcel shall be credited against severance damages as to such parcel in said action. (Added by Ord. 225-81, App. 5/5/81)

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903. (Added by Ord. 225-81, App. 5/5/81)

Awards and assessments may be offset as provided in the Street Opening Act of 1903. (Added by Ord. 225-81, App. 5/5/81)

Reference to referees may be had as provided in the Street Opening Act of 1903. (Added by Ord. 225-81, App. 5/5/81)

Where surplus is not used for maintenance of the improvement and is ordered refunded and the assessment has been paid in cash in full, the portion of the surplus applicable thereto shall be returned in cash to the person paying it or to his assignee, upon his furnishing satisfactory evidence of such payment. The determination of the Treasurer as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. When bonds have been, or are provided to be issued under Bond Plan D, E, or F, the surplus shall be deposited in the bond interest and redemption fund. Any surpluses remaining unexpended for a period of four years after final completion of the project and payment of all costs and expenses thereof may be transferred to the general fund. (Added by Ord. 225-81, App. 5/5/81)

When bonds are to be issued on a basis other than fixed lien assessments, the basis or formula for the annual levies shall be stated in the notice to property owners, and the provisions of Subdivision (c) of Section 10307 of the Streets and Highways Code shall not apply. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 5 PARKING AND TRANSIT DISTRICTS

There is hereby vested in the Board the power to acquire, construct, reconstruct, install, extend, enlarge, repair, improve, maintain, and operate public automobile parking places within the City; to acquire, by purchase, lease or eminent domain the lands and public rights- of-way necessary or convenient therefor; to acquire and construct public improvements and equipment and facilities necessary or convenient therefor; to levy assessments and issue bonds to pay for the cost of the whole or any part thereof and the expenses incidental thereto; and to levy assessments to pay for the cost of maintenance, repair and remodeling of any parking place, parking lot, garage or structure. There is further vested in the Board the right to determine that public transit facilities shall be provided and operated and maintained in substitution, in whole or in part, for public parking places. In such event, the Board may determine to levy assessments to pay that portion of the costs of capital improvement, replacement, operation, maintenance and repair of such transit facilities or equipment provided in lieu of public parking and necessary for the full utilization of the land benefiting. (Added by Ord. 225-81, App. 5/5/81)

The whole, or any portion, of said City may be formed into an improvement and/or maintenance district and assessments may be levied upon, and bonds may be issued against, the properties therein for the purpose of paying for the costs of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating parking places and transit facilities, and the expenses incidental thereto. Proceedings for the formation of such district or districts for the levying of such assessments and for the issuing of such bonds, if any, shall be as provided in Subarticles V and VI of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81)

If, in the judgment of the Board, varying benefits will be derived by the different parcels of real property lying within the assessment district, the district may be divided into zones according to benefits. (a) The district may be divided into as many zones, up to the total number of parcels of land in the district, as may be deemed proper, and each zone shall be composed of and include all of the lands within the district which will be benefited in like measure. (b) The Board shall also determine the apportionment of the sum to be raised each year by the levy and collection of the assessments in the district for the payments of the principal and interest of the bonds or for purposes of paying costs of capital replacement, maintenance and repair, which amount will be raised from the lands in each zone. (c) When the district is divided into zones, the resolution of intention shall so state, giving the method of apportionment to be used to determine the amounts to be raised from lands in each zone. (d) Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. (e) It shall be sufficient, in all cases where the assessment district is to be divided into zones according to benefits, if the resolution of intention states the fact and refers to the plat or map for the boundaries and all details concerning the zones. (Added by Ord. 225-81, App. 5/5/81)

The City may, in furtherance of its parking and transit purposes, purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise, and hold, sell, lease, exchange, transfer, assign or otherwise dispose of, any real or personal property within the City or any interest in, or improvement on, such property. All such property shall be acquired and held in the name of the City. (Added by Ord. 225-81, App. 5/5/81)

City lands or property may be acquired. In such event, the resolution of intention shall describe same and state the amount and manner of payment of the compensation. In lieu thereof, the Board may provide in said resolution that the compensation for said lands or property shall be an amount to be fixed by the decision of two or three disinterested competent appraisers to be appointed by the Board. (Added by Ord. 225-81, App. 5/5/81)

The Board may sell or lease any land or property acquired for parking places or transit purposes which is not needed therefor. Any money received from such sale or lease may be used for the acquisition, construction or improving of other parking places or transit facilities in the parking or transit district. It may also be applied as a credit on any assessments levied for the acquisition of such property, in which case the provisions of Section 250.219 shall apply. (Added by Ord. 225-81, App. 5/5/81)

When, in its opinion, the public interest and economy will be served thereby, the Board may lease one or more parking places and facilities or transit facilities. In so doing, the Board may restrict or partially restrict their use to owners and tenants of real property in the district and classes or persons designated by such owners or tenants. (Added by Ord. 225-81, App. 5/5/81)

As an incident to the operation of any parking or transit facility, the Board may devote a portion of the property to uses such as retail stores, bus terminals, gasoline service stations, helicopter landing areas, restaurants or eating places, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize properly the property as a parking or transit facility. Any such incidental use shall be secondary to the primary use as a parking or transit facility, and shall not exceed 25 percent surface area of the property or, in the case of a building, 25 percent of the floor area or of the value of the structure. Rentals received for such purpose shall be deposited in the improvement fund or in the bond interest and redemption fund for said project as the Board shall determine. (Added by Ord. 225-81, App. 5/5/81)

The Board may fix rentals, fees or other charges for the properties, works and facilities or any parking place. In so doing, it may establish rates, charges or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differs from and are less than the rates, charges and rentals charged other persons. (Added by Ord. 225-81, App. 5/5/81)

Such parking places may be maintained and operated, and all or any costs and expenses thereof, including rent, repairs, replacement, fuel, power, electrical current, care, supervision, and any other items necessary for the proper maintenance and operation thereof, may be expended for that purpose. Included in such costs may be the cost of replacements, improvements and extensions to any parking place necessary or convenient for the proper operation thereof. (Added by Ord. 225-81, App. 5/5/81)

Transit facilities, to the extent they are determined by the Board to be of special benefit, may be maintained and operated, and the costs and expenses or portion thereof, including repairs, replacement, fuel, power, electrical current, operation, care, supervision and any other items necessary therefor, may be expended for that purpose. Included in such costs may be the cost of replacements and improvements of or to specific transit facilities deemed necessary or convenient for the proper operation thereof. (Added by Ord. 225-81, App. 5/5/81)

An annual assessment may be levied upon the real property within the district established therefor for the purpose of maintaining and operating such parking places or transit facilities. Such assessment shall be in an amount clearly sufficient to pay any and all costs and expenses of maintaining and operating such parking places or transit facilities then due or thereafter to accrue before the proceeds of another levy shall be available therefor and which are not otherwise provided for. Such levy shall be apportioned among the properties within such district on the basis of the method of apportionment set forth in the resolution of intention to establish the district or in proceedings hereafter conducted pursuant to Section 250.260 hereof, for the purpose of establishing such a method. (Added by Ord. 225-81, App. 5/5/81)

When any part of the operative cost of parking places is to be paid by a special levy, the San Francisco Parking Authority shall annually file with the Clerk a written report stating in reasonable detail the estimated cost of maintenance and operation for which an assessment is to be levied in that year, including the cost of replacements, improvements and extensions to any parking place. When part of the operation costs of transit are to be so paid, such report shall be prepared and filed by the Municipal Transportation Agency. The report shall also state the manner of apportioning the levy to be made therefor. When such report shall have been primarily approved by the Board, the Clerk shall give notice to interested persons that such report has been filed in his office and open to inspection, and of a time and place when such report will be heard by the Board and an assessment ordered. Such notices may be by publication in a newspaper published in the City, or by mail to the assessees of the property at their addresses appearing on the last County tax roll or entitled to be shown on the next equalized roll as determined from the records of the Assessor or ascertained prior to the mailing or as known to the Clerk, at least 10 days before the day set for hearing. (Added by Ord. 225-81, App. 5/5/81; Ord. 14-07, File No. 061675, App. 2/9/2007)

The report shall be fully heard, and may be altered, amended or supplemented by the Board. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, such report as presented or as modified shall be confirmed by resolution of the Board. Such levy shall become and remain a lien on the property described therein from the date it is confirmed until paid. (Added by Ord. 225-81, App. 5/5/81)

The Tax Collector shall extend the amounts thereof on the next tax rolls on which taxes are collected; and it shall be collected in the same manner, and be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for nonpayment thereof, and title shall pass to the purchaser, as provided for taxes, except that the period of redemption shall be one year instead of five. (Added by Ord. 225-81, App. 5/5/81)

The City may advance funds for the acquisition, construction or improving of such parking places or transit facilities, or for the maintenance and operation thereof, and reimburse itself from the proceeds of any assessment subsequently levied for that purpose. It may also make contributions thereto from available funds. (Added by Ord. 225-81, App. 5/5/81)

The Board may, at any time, make such pledge or pledges, as it shall determine, for the payment of the principal and interest of the bonds, or for the maintenance and operation of the facilities constructed, acquired or to be constructed or acquired therewith or with other funds, or for adequate reserves, from the income and revenue of on and off-street parking or transit facilities. (Added by Ord. 225-81, App. 5/5/81)

The Board may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds, including a covenant to establish a special security fund, or to foreclose, in the manner provided by Division 10 (commencing with Section 8500) of the Streets and Highways Code. (Added by Ord. 225-81, App. 5/5/81)

The boundaries of such district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the Board, which shall give notice that said matter, and all persons interested, will be heard by the Board at a time to be stated therein, at the regular meeting place of the Board. (Added by Ord. 225-81, App. 5/5/81)

Such resolution shall be published. (Added by Ord. 225-81, App. 5/5/81)

The hearing may be adjourned from time to time. At the hearing, the Board shall have power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed. (Added by Ord. 225-81, App. 5/5/81)

The Board shall by resolution order the annexation of such territory, defining its boundaries therein. Its decisions thereon shall be final and conclusive. (Added by Ord. 225-81, App. 5/5/81)

Thereafter the property annexed shall be subject to special levies for capital replacement, maintenance and operation and for any nonfixed lien assessment bonds issued for the acquisition or construction of said improvements. (Added by Ord. 225-81, App. 5/5/81)

To the extent authorized under the California Constitution, the supplemental remedy provisions of Part 13 (commencing at Section 8800) of Division 10 of the Streets and Highways Code shall apply. This section is adopted pursuant to Section 43240 of the Government Code. (Added by Ord. 225-81, App. 5/5/81)

SUBDIVISION 6 MAINTENANCE DISTRICTS

(a) Whenever the Board determines it to be appropriate, the cost of capital replacement, maintenance and operation of any public improvement or facility of a local nature may be financed pursuant to proceedings undertaken pursuant to this Subdivision. Such proceedings are alternative to any other procedures available under general law or ordinance heretofore or hereafter enacted by the Board. (b) Board Powers: The Board may, by resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements or facilities of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation, including replacements, improvements and extensions thereof, shall be assessed either partly or wholly upon such district as the Board shall determine will be benefited by the maintenance and operation of the public improvements or facilities proposed to be so maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for City purposes are collected. (c) Purpose: The purpose of this Section is to provide an alternative procedure by which the Board may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements or facilities, or portion thereof, which are primarily local in their nature or benefit, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formula or formulae for which is to be determined in the proceedings in which jurisdiction is provided therefor. (d) Resolution of Intention: The resolution of intention shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district to be established therefor. The application of said formula or formulae shall not involve the exercise of discretion and said formula may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Districts formed for parking or transit purposes shall also be subject to Subdivision 5 of this Subarticle. (e) Written Protests and Oral Objections: In connection with the hearing provided for the establishment of the maintenance district, owners of property within the district may file written protests against, may make oral objections to, and may be heard as to, the fairness of said formula or formulae in the same manner, at the same time and with like legal effect as provided for in other written protests and oral objections in Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code. (f) Initial Modification: At the hearing, the Board, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same fairer and more equitable; provided, however, that before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of the Board, which hearing it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said hearing by one publication in a newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district was published, at least 10 days prior to the hearing. If the formula or formulae includes a maximum rate or amount of annual benefit assessment and such modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, the Board may order such decrease by resolution and no hearing need be had thereon. (g) Majority Protests: If the Board finds that protests thereto are made by the owners of more than ½ of the area of the property in the maintenance district subject to benefit assessment to pay said costs of maintenance and operation, no further proceedings shall be taken for a period of six months from the date of the decision of the Board on the a hearing, unless the protests are overruled by an affirmative vote of the majority of all the members of the Board. The Board may adjourn the hearing from time to time. (h) Determination: At the initial hearing or at the subsequent hearing on the modification of the formula or formulae as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the Board subsequent to the full hearing of said matter, with or without the matter having been submitted, the Board, by resolution, shall finally adopt a formula or formulae for the apportionment of benefits in said annual assessment levies, which formula or formulae shall be that stated in the resolution of intention or said separate resolution, or as modified; and its determination shall be final and conclusive against all persons. (i) Subsequent Modification: If, at any time following the final establishment of the formula or formulae for the annual assessment levies, the Board shall by resolution determine that by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, the established formula or formulae is in any way or particular inequitable or unfair, or may be made fairer and more equitable, the Board may by resolution so declare, stating the reasons therefor, and fix a time and place of hearing thereon. (j) Id.-Notice: The Clerk shall cause a copy of such resolution to be published once in a newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district in said proceedings was

e fairer and more equitable, the Board may by resolution so declare, stating the reasons therefor, and fix a time and place of hearing thereon. (j) Id.-Notice: The Clerk shall cause a copy of such resolution to be published once in a newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district in said proceedings was published; to be mailed, postage prepaid, to all owners of property within the district; and to be posted on or near the Board Chamber door or any bulletin board in or adjacent to the City Hall. Said publication, mailing and posting shall be completed not less than 10 days prior to the

hearing. (k) Id.-Hearing and Determination: At the hearing, protests may be filed, heard and acted upon in the manner and with like effect provided for the original formula or formulae. (l) Budget-Contents: The Parking Authority, the Public Utilities Commission or other responsible agency, whichever is appropriate, shall annually cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said public improvements or facilities of a local nature or benefit during the ensuing fiscal year which shall at least include the following: (1) The gross amount estimated to be required for the costs and expenses of maintaining and operating said public improvements or facilities; (2) The balance estimated to be available at the end of the current fiscal year for such purpose; (3) The amount, if any, anticipated to be available from revenues or charges for use or availability of such public improvements or facilities; (4) The amount, if any, to be contributed by the City or from other sources to pay any part of said costs and expenses; and (5) The balance of the amount necessary to be raised to pay said costs and expenses. (m) Benefit Assessment: The balance of such amount shall be raised by an annual benefit assessment on all of the lots or parcels of property within the maintenance district. (n) Report: In each fiscal year that such a balance is provided in the budget, the responsible agency shall cause to be prepared a report, in writing, for each maintenance district which report shall, under appropriate headings, show the necessary amounts to be provided for maintenance and operation, and by properly headed columns, show the following data as to each lot or parcel of property within such maintenance district in columnar form: (1) A description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same; (2) The amount of assessment to be levied against each lot or parcel of Property in the maintenance district in accordance with the formula or formulae; and (3) Such other information as will be necessary or useful in applying the formula or formulae adopted by the Board. (o) Filing With Clerk: When the report has been completed, it shall be signed by the Director or the Manager of the responsible agency and filed with the Clerk. Upon receipt of that report, the Clerk shall place the matter on the agenda for a hearing by the Board. (p) Notice: The Clerk shall cause notice of hearing to be published once in a newspaper of general circulation in the City, and to be posted on or near the Board Chamber door or any bulletin board in or adjacent to the City Hall. Said publication and posting shall be completed not less than the 10 days prior to such hearing. (q) Hearing-Notice Form: The form of Notice shall be substantially as follows: NOTICE OF HEARING ON ____________ MAINTENANCE DISTRICT NOTICE IS HEREBY GIVEN that the

---

has caused to be prepared and filed with the Clerk of the Board of Supervisors a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation

---

---

---

to be borne by all lots or parcels of property within the existing maintenance district(s) No.(s) , more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19 against each lot or parcel of property in accordance with the applicable formula or formulae. Said report shall be open to public inspection. (r) Protests: The Clerk shall receive written protests and shall endorse on each protest the date and time it is filed with him. No protest received after the time fixed for hearing shall be timely, but the Board may, in its discretion, consider untimely and oral objections. (s) Adoption by Board-Decision Final: At the hearing, the report shall be reviewed by the Board and corrected, if necessary, approved and adopted by resolution. Upon approval and adoption as herein provided, all decisions and determinations of the Board shall be final and conclusive. (t) Certification and Filing: The report, together with the Certificate of the Clerk as to the fact and date of approval and adoption of

said report by the Board as provided herein, shall forthwith be delivered to the Treasurer who shall thereafter deliver the report, as adopted, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected. (u) Benefit Assessments-Posting: The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of the benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district(s) as set forth in said report. The amount so posted shall appear as a separate item on the tax bill. (v) Method of Collection: The special benefit assessment shall be collected upon the last equalized secured and utility tax rolls upon which said ad valorem property taxes are collected. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with and not separate therefrom and shall be enforced in the same manner and by the same persons and at the same time and with the same penalties and interest for nonpayment thereof as are said ad valorem property taxes. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy; and the assessed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser, except that the period of redemption shall be one year instead of five years. (w) Omitted Property: If any property within the maintenance district is erroneously omitted from any such report, said property shall be assessed for the omitted amount in the next year after such omission is discovered, and appropriate provision shall be made in the report for said year. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE VI ASSESSMENT BOND PROCEDURE SUBDIVISION 1 GENERAL PROVISIONS

When bonds are to be issued in any proceeding had and taken in connection with any public improvement, and/or acquisition, and/or immediate possession, and/or street closing, pursuant to this Procedure Code, the same shall be issued, paid and collected in accordance with this Subarticle. (Added by Ord. 225-81, App. 5/5/81)

When the Board shall have determined that bonds shall be issued to represent the cost and expenses of any proposed work or improvement or of the possession or acquisition of any property in any such proceeding, it shall so declare in its resolution of intention therefor, and shall specify pursuant to which plan herein provided such bonds shall be issued, the maximum term that any of the bonds may run, the interest rate which they shall bear, provided, however, that such interest rate may be stated to be not to exceed a rate stated therein. (Added by Ord. 225-81, App. 5/5/81)

Whenever any bonds shall be issued pursuant to any one of the plans herein provided, such bonds shall be substantially in the form provided in the particular plan specified, with such appropriate changes in the wording of such bonds as to show that they had been

issued pursuant to such plan of this Subarticle. (Added by Ord. 225-81, App. 5/5/81)

The bonds shall be dated as the Board shall determine; provided, that in a proceeding had pursuant to Subdivision 2 of Subarticle V, the written consent of the contractor and his assigns shall be obtained before delaying their date. (Added by Ord. 225-81, App. 5/5/81)

The interest shall be payable semiannually, except for the first payment which may be different, and computed from a date on or after the 31st day following the recordation of the assessment, subject, however, to Section 250.273 hereof. (Added by Ord. 225-81, App. 5/5/81)

The bonds may be made to mature in such annual serial amounts as the Board shall determine. (Added by Ord. 225-81, App. 5/5/81)

The bonds may be issued in more than one division having different bond dates and dates from which interest shall run. (Added by Ord. 225-81, App. 5/5/81)

The signature on the interest coupons and all signatures excepting one signature on the bonds may be printed, engraved or lithographed or other process. (Added by Ord. 225-81, App. 5/5/81)

When any bonds issued hereunder are to be sold, they may be sold by the Board as it shall determine. The proceeds of such sale shall be placed in the City Treasury to the credit of the fund for which they had been issued, and shall be applied exclusively to the purposes and objects thereof. (Added by Ord. 225-81, App. 5/5/81)

If any bonds be sold for an amount in excess of par, such excess shall be paid into the fund for the improvement, unless the Board shall otherwise determine. (Added by Ord. 225-81, App. 5/5/81)

Bonds may be registered against theft as provided in Chapter 1 (commencing with Section 50,000), Division 6, Part 7, Title 1, or Article 7 (commencing with Section 43,880), Chapter 4, Division 4, Part 3, Title 4, of the Government Code, or as otherwise provided in the resolution authorizing their issuance. (Added by Ord. 225-81, App. 5/5/81)

Delinquent bonds may be registered as provided in Article 2 (commencing with Section 50630), Chapter 3, Part 1, Division 4, Title 4 of the Government Code, or as provided in the resolution authorizing their issuance. (Added by Ord. 225-81, App. 5/5/81)

Bonds which have been mutilated or defaced or which have been lost or destroyed may be replaced as provided, respectively, in Article 2 (commencing with Section 53430) or Article 3 (commencing with Section 53460), Chapter 3, Part 1, Division 2, Title 4 of the Government Code, or as provided in the resolution authorizing their issuance. (Added by Ord. 225-81, App. 5/5/81)

Bonds and coupons which have been paid may be destroyed in the manner provided in Article 11 (commencing with Section 53920), Chapter 4, Part 1, Division 2, Title 4 of the Government Code, or as otherwise ordered by resolution or ordinance of the Board. (Added by Ord. 225-81, App. 5/5/81)

Payment of all, or any portion, of any assessment levied to pay the principal or interest due, or to become due, on the bonds of any district formed under this Procedure Code may be made with matured bonds or matured coupons of such district. Such bonds and coupons shall be accepted and treated as cash, and when so received shall be cancelled; and the interest and sinking fund of such district shall be credited with the face value thereof. (Added by Ord. 225-81, App. 5/5/81)

In the event of a surplus remaining in the redemption fund after payment of the entire principal and interest on all bonds issued under any plan mentioned herein, for retirement of which such fund shall have been established, such surplus shall, subject to any other special provision herein therefor, be applied first to repayment to the City of any balance due it for contributions and advances which it may have made to the redemption fund and of any special levies which it may have undertaken in aid thereof other than any regular annual assessments levied to retire any such bond, and of any monies due it for costs incurred or charges allowed, together with interest on such sums at the rate mentioned in such bonds. The excess, if any, shall be paid into the general fund of the City. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 2 BOND PLAN A-LOT BONDS

The bond provisions of the Improvement Act of 1911, as such provisions may be amended from time to time, are incorporated in and made a part of this Subarticle. When bonds are issued pursuant to this Plan, except as otherwise provided herein, said provisions shall apply. (Added by Ord. 225-81, App. 5/5/81)

When the assessment is levied under Subdivision 2 of Subarticle V hereof, interest shall run from the date of filing the list of unpaid assessments. Otherwise, interest shall run from a date to be determined by the Board. (Added by Ord. 225-81, App. 5/5/81)

As an alternative method for the collection of such assessments which are of an amount less than $150, proceedings may be had in accordance with the alternative provisions of Subdivision 2 of Subarticle V hereof. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 3 BOND PLAN B-DISTRICT BONDS

The Improvement Bond Act of 1915, as such Act may be amended from time to time, is incorporated in and made a part of this Subarticle. Where bonds are issued pursuant to this Plan, except as otherwise provided herein, said Act shall apply. (Added by Ord. 225-81, App. 5/5/81)

Bonds may be issued in the total amount of all assessments in amounts of less than $150 which are unpaid at such time, to mature at the same time as the maturity of the first series of the serial bonds, and which small assessments shall become due and payable at the same time as the portion of the greater assessments which shall have been collected for the payment of the first series of the serial bonds and the interest thereon. (Added by Ord. 225-81, App. 5/5/81)

The list of unpaid assessments filed with the Treasurer by the Director shall separately state in such list the total of the assessments which are of $150 or over in amount and the assessments which are under $150 in amount. (Added by Ord. 225-81, App. 5/5/81)

Bonds representing the amount of the total assessments remaining after division of the total into series of bonds of any multiple of $100 may be made to mature at the same time as the first series of bonds. (Added by Ord. 225-81, App. 5/5/81)

When sufficient surplus monies are in the redemption fund with which to call a bond, the Treasurer shall call and retire a bond in the manner provided in the 1915 Act; provided that the notice need only be given for a period of 30 days. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 4 BOND PLAN C-DISTRICT (LIABILITY) BONDS

When bonds are issued pursuant to this Plan, the provisions of Subdivision 3 of Subarticle VI of this Procedure Code shall apply, except as herein provided. (Added by Ord. 225-81, App. 5/5/81)

Appropriate changes shall be made in the form of the bonds to show that they have been issued pursuant to this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

The provisions of the Improvement Bond Act of 1915 which require the City to advance, as a loan to the bond redemption fund from available surplus funds, the amount of any delinquent installment of principal, interest and penalties thereon, shall not be mandatory and shall not be enforceable. (Added by Ord. 225-81, App. 5/5/81)

The provisions of the 1915 Act which require that the City shall cause to be levied a special tax of not to exceed 10\F on the $100 of taxable property in the City, if constitutionally available, shall be restricted to the taxable property within the assessment district created in the proceedings or other district deemed benefited thereby and described in the resolution of intention, and shall not be enforceable against the City as a whole. (Added by Ord. 225-81, App. 5/5/81)

Section 250.299 applies to this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

Upon the expiration of one year following the sale to the State by operation of law of any property for the nonpayment of an installment of the principal or interest of an assessment levied pursuant to this Subdivision, the Tax Collector shall make to the State a deed to such property. Unless said property has been redeemed, the City shall forthwith cause said property to be sold as provided in Subdivision 3 of Subarticle VI. (Added by Ord. 225-81, App. 5/5/81)

In the event the holder of any matured bond or coupon issued pursuant to this Subdivision shall make written demand upon the Board therefor, the Board shall bring and expeditiously prosecute to public sale an action to foreclose the lien of an assessment installment on any parcel of real property which has been delinquent for a period of three months. (Added by Ord. 225-81, App. 5/5/81)

The holder of a matured bond or coupon may bring and prosecute to sale, in his name, the action to foreclose the lien of such assessment installment on any delinquent parcel of land, naming the City as a defendant therein. In such event such holder shall have all of the rights provided for foreclosure and sale by the City. (Added by Ord. 225-81, App. 5/5/81)

When property is sold by a court for nonpayment of principal or interest installments of an assessment levied in an assessment proceeding heretofore or hereafter taken, it shall be sold to the bidder who offers the highest price for the entire property to be sold, but not less than the amount due on the bond, together with accrued interest penalties and other costs hereby provided to be charged. The purchaser shall take the property subject to all installments of the assessment which are not included in the sale. (Added by Ord. 225-81, App. 5/5/81)

A purchaser of property upon foreclosure by the Board or by a bondholder, for the nonpayment of any installment of principal, interest, penalties, fees and charges of any such assessment, supplemental assessment or re-assessment, may pay for said property with, or apply on account of the purchase price thereof, matured coupons or the matured portions of a coupon to the date of its use, and matured and unmatured bonds of such issue, the delinquent assessments for which the property is sold. (Added by Ord. 225-81, App. 5/5/81)

PROPERTY. The sheriff, commissioners or other person conducting any such sale is hereby authorized, for and on behalf of the owner, his successors and assigns, and any other person having an interest in the property, regardless of how such interest was acquired, to tender bonds and coupons of the issue for which such sale is held, in payment of the purchase price of property sold, or in redemption of said property, in satisfaction of the lien of delinquent installments or of unpaid assessments, and the penalties, interest fees and other charges. (Added by Ord. 225-81, App. 5/5/81)

PROCEEDS. To the extent that a bondholder purchases property at a sale and pays for it in cash, the monies received by the City shall be used and applied in payment of bonds of the issue and the interest due, owned by the purchaser, first to interest, second to the principal of matured bonds, and third to the principal of unmatured bonds. (Added by Ord. 225-81, App. 5/5/81)

The provisions of Section 8688 of the Streets and Highways Code shall apply. (Added by Ord. 225-81, App. 5/5/81)

At all sales herein referred to, bonds and coupons shall be taken and credited at the face amount thereof; provided, that sufficient cash or other legal tender is paid to take care of the expenses of the foreclosure proceedings and sale of the property, including a reasonable attorney's fee and court costs.

(Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 5 BOND PLAN D-AD VALOREM (LAND) BONDS

If deemed by qualified Bond Counsel for the City to be legally available under the California Constitution, the Board may issue serial ad valorem land bonds within any district created pursuant to any Subdivision of Subarticle V of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81)

The district to be assessed to pay the principal and interest of said bonds shall be described in the resolution of intention. (Added by Ord. 225-81, App. 5/5/81)

If, in the judgment of the Board conducting the proceeding, varying benefits to be derived by the different parcels of land lying within the assessment district so require, the district may be divided into zones according to benefits. The district may be divided into as many zones, up to the total number of parcels of land in the district as may be deemed necessary, and each zone shall be composed of and include all parcels of land within the district which will be benefited in like measure. The Board shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. (Added by Ord. 225-81, App. 5/5/81)

When the district is divided into zones the resolution of intention shall so state, giving the percentages to be raised from the lands in each zone. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones. (Added by Ord. 225-81, App. 5/5/81)

No assessment or diagram shall be made, and the respective provisions elsewhere in this Procedure Code with reference to the making, confirmation, recordation, levy collection, payment and enforcement of such assessment shall be and remain inapplicable to such proceedings. (Added by Ord. 225-81, App. 5/5/81)

For each district in which bonds shall have been issued under this subdivision, a special fund to be named "Bond Plan D, Series No. ____________ Interest and Redemption Fund," or other designation sufficient to identify it, shall be instituted by the City. (Added by Ord. 225-81, App. 5/5/81)

For each district in which an issue of bonds has been had pursuant to this Subdivision, until all of the bonds and interest thereon have been paid in full, the Board shall annually levy an ad valorem assessment upon all of the assessable lands within the assessment district created therefor, which shall be made and collected at the time and in the manner provided in Subdivision 6 of this Subarticle. (Added by Ord. 225-81, App. 5/5/81)

Excepting as in this Subdivision otherwise provided, all of the applicable provisions of Subdivisions 6 and 7 of this Subarticle shall apply; provided, however, that the supplemental remedy provisions referred to therein shall not apply unless expressly so provided in the resolution of intention and in the bonds. (Added by Ord. 225-81, App. 5/5/81)

Prior to the time that any bonds shall be issued, a proposition therefor shall have been approved by a majority of the qualified voters of the district voting thereon, at an election called and held for that purpose. (Added by Ord. 225-81, App. 5/5/81)

The election shall be called by resolution adopted by the Board, which shall contain: (a) The day on which, and if polls are to be provided, the hours during which, the election will be held; (b) A statement whether the election will be conducted at polls or by mailed ballots; (c) A statement whether the qualified voters will be registered voters or land owner voters of the district as defined in Section 2285 of the Revenue and Taxation Code; (d) The proposition to be voted on; (e) A general description of the bonds and that they will be issued pursuant to this Subdivision and Plan; (f) A statement of the maximum rate of interest that the bonds may bear; (g) A statement of the general nature of the proposed improvements to be acquired or constructed; (h) A general description of the district within which the election will be held and the bonds issued; (i) A general description of any zones into which the district will be divided, and the percentages of the annual amounts to be raised therein;

(j) A statement that the bonds and the interest thereon will be raised by annual assessments on the assessable lands within the district and any zones therein in the ratio of the assessed value of said lands; (k) A reference to the resolution of intention by number, title or date of adoption, and the maps or plats referred to therein, for a more particular description of the proposed improvements and district zones, if any. (Added by Ord. 225-81, App. 5/5/81)

If the election is to be conducted at polls, the resolution shall either contain a description of the precinct or precincts, the polling place for each, and the names of two or more qualified voters who will act as precinct officers in each, one of which shall be a judge and the others clerks or shall direct the registrar of voters to prepare a notice containing such information. (Added by Ord. 225-81, App. 5/5/81)

Whenever there are 500 or fewer qualified voters to vote at such election, the Board may declare in the resolution that the election will be conducted by mailed ballots, and that mailed ballots must be received by the Clerk on or before the day of the election. (Added by Ord. 225-81, App. 5/5/81)

A copy of the resolution and, if directed pursuant to Section 250.330, the notice shall be published twice in a newspaper of general circulation printed and published in the City. (Added by Ord. 225-81, App. 5/5/81)

A copy of the resolution shall be posted on the bulletin board at the City Hall. (Added by Ord. 225-81, App. 5/5/81)

The posting and first publication shall be had not later than on the tenth day prior to the day of election, and affidavits or certificates thereof shall be made and filed with the Clerk. (Added by Ord. 225-81, App. 5/5/81)

The proposition to be voted on may be substantially as follows: Shall the Board of Supervisors of the City and County of San Francisco be authorized to issue bonds in the aggregate amount of $____________ pursuant to Subdivision 5, Bond Plan D, Ad Valorem (Land) bonds, of Subarticle VI of the San Francisco Improvement

Procedure Code, to provide funds for the costs and expenses of the improvements proposed to be acquired and constructed in and for the district as described in Resolution of Intention No. ____________ adopted by the Board on //, 19? (Added by Ord. 225-81, App. 5/5/81)

Sample ballots, in the event of a poll election, and official ballots, in the event of a mailed election, shall be mailed to the qualified voters at least 10 days prior to the day of election. (Added by Ord. 225-81, App. 5/5/81)

Following the close of the polls in a poll election, the precinct officers, and following the day of election in a mailed election, the Clerk, shall count the votes cast and make a return thereof to the Board which, by resolution, shall declare the results thereof. (Added by Ord. 225-81, App. 5/5/81)

The election shall be conducted in such manner that secrecy in voting will have been preserved. (Added by Ord. 225-81, App. 5/5/81)

In the event that after having anticipated delinquencies in the amount of 10 percent of the amount of an annual assessment levy there is still a shortage in the funds raised in the amount of 10 percent or more, as a cumulative remedy, the City, of its own volition, or a bondholder, may bring an action to foreclose the lien of the assessment installments so delinquent, and the provisions of Sections 250.311 through 250.318 of Subdivision 4 of this Subarticle shall apply. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 6 BOND PLAN E-AD VALOREM (REALTY) BONDS

If deemed by qualified Bond Counsel for the City to be legally available under the California Constitution, the Board may issue serial ad valorem land and improvement bonds upon any district created under this Subarticle. (Added by Ord. 225-81, App. 5/5/81)

The proposed district shall be described in the resolution of intention and established as provided in the Subdivision of Subarticle V pursuant to which said proceedings are had. (Added by Ord. 225-81, App. 5/5/81)

If, in the judgment of the Board, varying benefits will be derived by the several parcels of real property lying within the assessment district, the district may be divided into zones according to benefits. Zones may be established as provided in Section 250.323 of this Procedure Code, the provisions of which shall apply. (Added by Ord. 225-81, App. 5/5/81)

If said proceedings are had pursuant to Subdivision 2 of Subarticle V hereof, then upon completion of the work, the person appointed by the Board to be in charge of the work shall prepare and file with the Board a declaration that the work has been completed according to the contract therefor, and shall further file an itemized statement of the cost of such work and of the expenses incidental to said proceedings, estimated to the conclusion of said proceedings. The amount of any contribution shall be stated therein as well as the balance for which bonds are to be issued. When the bonds have been issued they shall be delivered to the contractor upon his paying to the City any monies due it for incidental expenses as stated in the declaration. The Board may provide in the resolution of intention that the contractor shall be paid in cash from advances to be made to said project or from the proceeds of the sale of the bonds, in which event the bonds shall be issued as provided for the issuance of acquisition bonds. (Added by Ord. 225-81, App. 5/5/81)

If the proceedings are had pursuant to Subdivision 2 of Subarticle V of this Procedure Code then, upon the entry of all interlocutory judgments in any eminent domain proceedings brought pursuant thereto, proceedings shall be had substantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the Board and the proceeds shall be used to pay the costs and expenses of the project. (Added by Ord. 225-81, App. 5/5/81)

If proceedings are had pursuant to Subdivisions 4 or 5 of Subarticle V of this Procedure Code, then in the resolution ordering the acquisitions or improvements the Board shall determine the estimated costs of said acquisitions and improvements and of the expenses incidental thereto, and the total estimated amount of the bonds to be issued. The bonds shall be issued and sold and the proceeds shall be used to pay the costs and expenses of the project. (Added by Ord. 225-81, App. 5/5/81)

If assessment proceedings are had pursuant to Subdivision 3 or 4 of Subarticle V of this Procedure Code, and proceedings shall be had for the taking of immediate possession of the property to be acquired, then the person in charge of said proposed acquisitions shall prepare and file with the Clerk an estimate of the amount of money necessary to be deposited in court for immediate possession, and proceedings shall be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the Board shall issue only such amount of additional bonds as is necessary to provide for the additional costs of said project, and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto. (Added by Ord. 225-81, App. 5/5/81)

The Clerk shall give notice of a time and place of hearing on the declaration filed in relation to the issuance of any bonds to be issued pursuant to Subdivision 2 or 3 of Subarticle V. Such notice shall be published. (Added by Ord. 225-81, App. 5/5/81)

Said notice shall refer to the resolution of intention in the proceedings for identification, for a description of the work to be done or acquisitions or improvements to be had and for the boundaries of the assessment district, and notice shall be given therein to all persons interested that it is proposed to hear the report and issue bonds pursuant to this Subdivision, and that any person feeling aggrieved by any act or determination done or made in said proceedings or claiming that any previous acts or proceedings were irregular, defective, erroneous or faulty, or claiming that the work or improvement has not been performed according to the contract in a good and substantial manner, or claiming that any portion of the work or improvement for any reason was omitted or illegally included in the contract, or having any objections or reasons why bonds should not be issued in the amount set forth in the declaration and statement on file, may appear before the Board at the time and place so fixed by it and be heard. (Added by Ord. 225-81, App. 5/5/81)

All objections shall be made in writing and signed by the protestant, and any grounds not stated therein and filed at or before the time fixed for hearing shall be deemed waived. The contractor or his assigns, and any other person or persons interested in said matter, may appear and be heard upon any of the matters referred to in said notice. The Board may confirm, amend, alter, modify or correct the report in such manner as it shall deem just, and require the work to be completed according to its directions or those of the person designated by it therefor. (Added by Ord. 225-81, App. 5/5/81)

In the Board's final order upon the hearing, or in the resolution ordering the acquisitions or improvements when the proceedings are had pursuant to Subdivision 4 or 5 of Subarticle V, the Board shall by resolution order the issuance of bonds. The resolution shall state the total principal amount thereof and the amount to mature in each year during their term. The bonds may be made to mature on July 2nd over a period not to exceed 40 years from their date. (Added by Ord. 225-81, App. 5/5/81)

The bonds shall be in such form, shall be executed by the officers, and shall be made payable at the place or places within or without

the State as the Board shall determine. The bonds shall be negotiable in form and be payable to bearer. (Added by Ord. 225-81, App. 5/5/81)

An issue of bonds shall constitute all of the bonds issued pursuant to a resolution of intention. Each issue shall be given a serial designation. The Board may, in its discretion, divide the issue into two or more divisions and fix different dates for the bonds of each division, in which event the bonds of each division shall be made payable at such time or times as the Board shall determine. Possession bonds shall constitute a division of an issue. All bonds of any issue shall have equal priority. (Added by Ord. 225-81, App. 5/5/81)

Bonds are not subject to call or redemption prior to their fixed maturity date unless the right to exercise the call is expressly stated on the face of the bonds. Provision may be made therein for a premium on call. (Added by Ord. 225-81, App. 5/5/81)

If the proceeds of the bonds for any reason are less than the cost of the acquisitions and improvements and expenses incidental thereto, additional bonds may be issued by filing with the Clerk a declaration or statement of the amount necessary therefor and by giving notice and holding a hearing and determining the amount of bonds upon declaration, notice and hearing pursuant to Subdivision 3 or 4 of Subarticle II hereof. Said bonds shall be deemed a division of the bonds of the main issue. (Added by Ord. 225-81, App. 5/5/81)

Semi-annual interest coupons shall be attached to said bonds and be made payable on the second days of January and July of each year, excepting that the first coupon shall be for interest from their date to the second day of January next succeeding four months after the date of such bonds. Provision may be made for the payment of interest from the proceeds of the sale of the bonds for the period of acquisition and construction of the project and for one year thereafter. If, upon presentation at maturity, payment of any bond is not made as herein provided, interest shall continue at the same rate until the principal is paid in full. (Added by Ord. 225-81, App. 5/5/81)

For each district in which an issue of bonds has been had pursuant hereto, the Board shall annually, until all of the bonds and interest thereon have been paid in full, at the time of levying the taxes for general City purposes, levy an ad valorem assessment upon all lands and improvements within said district except publicly owned property, which levy shall be in an amount clearly sufficient, together with any monies which are or may be in the redemption fund and after making adequate allowance for estimated delinquencies to pay all of the principal of an interest on said bonds which shall become payable before the proceeds of another such levy shall be available therefor. (Added by Ord. 225-81, App. 5/5/81)

Said special assessment levy shall be levied and collected upon the last equalized secured and utility tax rolls upon which general City taxes are collected. It shall be in addition to all other taxes levied for general City purposes, and shall be levied, computed, entered, collected and enforced in the same manner and by the same persons and at the same time, and with the same penalties and interest for nonpayment, as are other taxes for City purposes, and shall be subject to all laws applicable to the levy, collection and enforcement of taxes for City purposes, and shall be subject to redemption in the same manner as such real property is redeemed from the salion fund of said bonds such amount or amounts as it shall determine. (Added by Ord. 225-81, App. 5/5/81)

All bonds issued and all assessments levied and collected pursuant to the provisions of this Subdivision shall by their issuance be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and determinations in anywise pertaining thereto, and after the same are issued, no levy made or collected for the purpose of paying the principal or interest on said bonds shall be held invalid or illegal, or set aside by reason of any error, informality, irregularity, omission or defect in said proceedings, not amounting to a want of due process of law. (Added by Ord. 225-81, App. 5/5/81)

IRREGULAR. When any court of competent jurisdiction shall determine that any contract purporting to have been made, or any proceedings, steps or actions purporting to have been taken, or any bond or bonds issued, or any levy of assessment made, under this Subdivision, is or are void, invalid or unenforceable for any reason, or shall for any cause enjoin the issuance of any bonds proposed to be issued under this Procedure Code, said court shall also determine that new bonds shall be issued in the place thereof. The Board may also order the issuance of new bonds when it shall determine the existence of such voidness, invalidity or unenforceability. In such event, the Board shall cause a declaration to be filed which shall state the amount of any work performed, improvements made, acquisitions had, and the expenses incidental thereto, and the estimated cost of any improvements, acquisitions and expenses yet to be had. The declaration shall be noticed and heard and new bonds issued as herein provided for acquisition bonds. (Added by Ord. 225-81, App. 5/5/81)

The boundaries of the assessment district may be enlarged at any time in the manner provided in Subdivision 5 of Subarticle V. (Added by Ord. 225-81, App. 5/5/81)

The provisions of Subdivision 5 of this Subarticle relating to calling and holding an election, modified to conform to this Subdivision, shall apply. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 7

BOND PLAN F-BENEFIT BONDS

There is hereby vested in the Board the power to issue benefit bonds within any district created pursuant to Subarticle V of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81)

The purpose of this Subdivision is to provide a procedure by which assessment bonds may be issued to pay the whole or any part of the costs of any public improvements or facilities which are primarily local in nature or benefit, payable from annual assessment levies apportioned among the several lots and parcels of land or real property within the district established therefor, the nature and formula or formulae for which is to be determined in the proceeding in which jurisdiction is provided therefor. (Added by Ord. 225-81, App. 5/5/81)

The respective provisions of any Subdivision of Subarticle V pursuant to which said proceedings are undertaken to the contrary notwithstanding, no assessment or diagram shall be made, heard, levied or recorded, nor shall any amount of annual levies proposed to be made pursuant hereto be or become payable prior to their levy as herein provided. (Added by Ord. 225-81, App. 5/5/81)

When the Board proposes to issue bonds pursuant to this Subdivision, its shall so declare in the resolution of intention pursuant to which the bonds are to be issued, the maximum term for which the bonds of any series of the issue may be issued, and the maximum rate of interest they may bear, and that bonds will be issued pursuant to this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

In addition to the matters required by Section 250.373 of this Subdivision, the resolution of intention shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said bonds and the interest thereon will be apportioned according to benefits among the several lots and parcels of land within the assessment district to be established therefor. (Added by Ord. 225-81, App. 5/5/81)

At the hearing provided for establishing the assessment district pursuant to any Subdivision of Subarticle V of the Procedure Code, property owners may protest against and be heard as to the equitableness and fairness of said formula or formulae in the same manner, at

the same time and with like legal effect, as provided for other protests in said proceedings. (Added by Ord. 225-81, App. 5/5/81)

At the hearing provided in Section 250.375 of this Subdivision, the Board, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same more fair and equitable; provided, however, that before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of said Board, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which original resolution of intention or notice of improvement was published, at least 10 days prior to said hearing. (Added by Ord. 225-81, App. 5/5/81)

At the initial hearing or at the subsequent hearing on the modification of said formula or formulae or at any meeting to which either shall have been adjourned, or at any meeting of the Board subsequent to the full hearing of said matter, with or without said matter having been submitted, the Board, by resolution, shall finally adopt a formula or formulae for the apportionment of benefits in said annual levies, which shall be that stated in the resolution of intention, or as modified, and its determination shall be final and conclusive against all persons excepting persons whose protests for grounds stated therein have been denied and who have brought action therefor, within 30 days following said determination, in the local superior court. (Added by Ord. 225-81, App. 5/5/81)

If, at any time following the final establishment of the formula or formulae for said annual levies, the Board shall, by resolution, determine that, by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, an established formula or formulae is, in any particular, inequitable or unfair, or may be made more equitable and fair, the Board may, by resolution, so declare, stating the grounds therefor, and fix a time and place of hearing thereon. (Added by Ord. 225-81, App. 5/5/81)

A copy of the resolution provided in Section 250.378 shall be published once a week for two successive weeks, the first of which shall be at least 14 days prior to the day of said proposed meeting, in the newspaper in which the resolution of intention or notice of improvement in said proceedings was published. (Added by Ord. 225-81, App. 5/5/81)

At the hearing provided in Section 250.378, protest may be filed, heard and acted upon in the manner and with like effect provided in this Subdivision for the initial establishment and modification of said formula or formulae. (Added by Ord. 225-81, App. 5/5/81)

The bonds shall be of the form prescribed by resolution of the Board, shall be dated as the Board shall determine, and shall be numbered consecutively, be payable to bearer and be negotiable and serial in nature. They shall be payable on July 1st of each year in such amount as the Board shall determine. The first maturity shall be not earlier than 10 months after their date. The last maturity of any bond shall be not later than 40 years after July 1st next succeeding its date. The bonds, or any series, division or part of an issue, may be issued in registered form and may thereafter be deregistered and reregistered. (Added by Ord. 225-81, App. 5/5/81)

The bonds may be issued in successive series, divisions or parts having different dates, terms and dates of maturity. (Added by Ord. 225-81, App. 5/5/81)

The bonds shall bear interest which, unless registered at issuance, shall be represented by coupons numbered consecutively, bearing corresponding bond numbers, payable on January 1st and July 1st of each year, or on such other dates as the Board deems appropriate, the first and the form of which shall be fixed and prescribed by the Board. (Added by Ord. 225-81, App. 5/5/81)

If upon presentation at maturity, or if redeemable and duly called for redemption, payment of the bonds or any interest coupons thereof is not made in full accordance with the indenture of issuance, said bonds or coupons, or both, shall continue to bear interest at the rate stated in the bonds until paid in full. (Added by Ord. 225-81, App. 5/5/81)

Said bonds may be made subject to call and redemption prior to their fixed dates of maturity with or without a premium, all as shall be prescribed by the Board; provided, that no bond shall be subject to prior call unless it shall so state on its face. (Added by Ord. 225-81, App. 5/5/81)

The bonds shall be signed by the Mayor by facsimile signature printed, lithographed or engraved thereon. The bonds shall be manually countersigned by the Clerk who shall affix or cause a facsimile of the City seal to be printed, lithographed or engraved thereon. (Added by Ord. 225-81, App. 5/5/81)

The interest coupons shall be executed by the Treasurer by printed, lithographed or engraved facsimile signature impressed thereon. The interest for any interest period may be divided as to time or rate and represented by two or more coupons. (Added by Ord. 225-81, App. 5/5/81)

The proceeds of the bonds shall be deposited in a construction fund which shall be created and maintained for each project. The monies in said fund shall be used solely for the acquisition and construction of the improvements and rights described in said proceedings, and the expenses incidental to said proceedings and the financing thereof, including, but not limited to, legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds and the cost of printing the bonds. Such expenses may include interest on the bonds during the estimated period of acquisition and construction. (Added by Ord. 225-81, App. 5/5/81)

A fund to be named "Bond Plan F, Series No. ____________, Interest and Redemption Fund," or other designation sufficient to identify it, shall be created and maintained for each issue of bonds. (Added by Ord. 225-81, App. 5/5/81)

All monies which shall have been pledged or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied therefor, shall be deposited in the redemption fund for such issue, shall constitute a trust fund therefor, and shall not be expended for any other purpose; provided that if any monies remain in the redemption fund after the payment of all the bonds and the interest thereon they shall be transferred to the City general fund, unless a maintenance, improvement or a service facilities district has been created for the improvements acquired and/or constructed from the proceeds of said bonds, in which event they shall be transferred to such fund, and be used for the objects and purposes thereof. (Added by Ord. 225-81, App. 5/5/81)

Unless the Board shall have directed the Chief Administrative Officer so to act, the Treasurer shall annually cause to be prepared a budget for each bond issue hereunder which shall include the following: (1) The gross amount required to pay the principal of and interest on the bonds and any premiums on bonds to be called, before the proceeds of a second assessment levy will be available therefor; (2) The gross amount proposed to be raised for the maintenance and operation of the City improvements or facilities involved, and any capital additions, extensions, improvements or replacements therein, during the period provided in part 1 of this Section; (3) The balance available at the end of the fiscal year for each of the purposes provided in parts 1 and 2 of this Section; (4) The amount estimated to be available pursuant to any pledge of applicable revenues, which shall be budgeted and appropriated, for either of the purposes provided in parts 1 and 2 of this Section; (5) The amount estimated to be available from additional contributions, which shall be budgeted and appropriated, for either of the purposes provided in parts 1 and 2 of this Section; and

(6) The balance of the amount remaining for each parts 1 and 2 of this Section. (Added by Ord. 225-81, App. 5/5/81)

The amount provided in Section 250.391, part 6, including provision for anticipated delinquencies, shall be raised by annual benefit assessments on all taxable lands or real properties within the assessment district, in accordance with the established formula or formulae, until all of the bonds and the interest to accrue thereon have been paid in full. (Added by Ord. 225-81, App. 5/5/81)

In each year that a balance is provided in the budget pursuant to Section 250.391, Part 6, the Treasurer shall cause to be prepared annually, a report for each bond issue hereunder, which shall, under appropriate headings, show the amounts to be provided in the annual budget pursuant to Section 250.391 and by properly headed columns, show the County Assessor's description of each lot or parcel to be assessed, the amount of the levy applicable to said lot or parcel, and such other information as will be necessary or useful in carrying out the formula or formulae adopted by the Board for the particular issue of bonds to which said budget provision applied. (Added by Ord. 225-81, App. 5/5/81)

When the report has been completed, it shall be endorsed by the Treasurer in duplicate and filed with the Clerk on or before July 15th of each year. (Added by Ord. 225-81, App. 5/5/81)

If the formula or formulae adopted for an issue of bonds is sufficiently simple as to leave no discretion, it shall be reviewed by the Board and adopted and approved by resolution. (Added by Ord. 225-81, App. 5/5/81)

If the formula or formulae adopted for an issue of bonds requires the exercise of a discretion by the Board, further proceedings shall be had as provided in Section 250.397 through 250.402 of this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

Said report shall come on regularly for hearing by the Board at its first regular meeting held in August of each year. (Added by Ord. 225-81, App. 5/5/81)

The Clerk shall cause notice of the hearing on the report to be given by one publication in a newspaper in the City, and by posting a copy of the notice on the bulletin board of the City Hall. The posting and publication shall be at least 10 days before the day fixed for hearing. (Added by Ord. 225-81, App. 5/5/81)

The notice shall be substantially as follows: "NOTICE OF HEARING ON PROJECT NO. " "NOTICE IS HEREBY GIVEN that the Treasurer has caused to be prepared and filed with the Clerk of the Board of Supervisors a report which provides (1) the basis for levying benefit assessments on the properties within the assessment district created and established for the Project cited above, and (2) the amounts proposed to be levied for the fiscal year of ____________ upon the several lots and parcels in the assessment district created to pay the principal and interest of the bonds issued in said project, which report is open to public inspection." "Said report will be heard by the Board of Supervisors at its meeting to be held on the ____________ day of //, 19____________, at the hour of ____________ o'clock ____________.M., Board Chamber, City Hall, San Francisco, California, at which time said Board will examine said report and hear all persons interested therein and all objections, protests or other written communications." "Any interested person, objecting to the amount of the assessment on any parcel of land owned by him, may file with the Clerk a written protest thereon at or before the time herein fixed." (Added by Ord. 225-81, App. 5/5/81)

Affidavits or certificates of publication and posting of hearing shall be made and filed with the Clerk. (Added by Ord. 225-81, App. 5/5/81)

The Clerk shall endorse on each protest the date it is filed with him, and shall show whether said protest is filed prior to the hour fixed for hearing. No protest received after said hour shall be legal, but the Board may, at its discretion, consider said protests and hear the signers thereof. (Added by Ord. 225-81, App. 5/5/81)

At the time and place fixed for said hearing, or at any time to which said hearing is adjourned, the board shall: (1) Hear all persons having an interest in any real property within the district;

(2) Hear all objections, protests or other written communications from any persons interested in any real property within the district; (3) Take and receive oral and documentary evidence pertaining to the matters contained in the report; (4) Remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of the director or of the person making said report as contained therein; (5) Make such discretionary determinations as may be required by the established formula or formulae; (6) Amend, alter, modify, correct and confirm said report and each of the assessments therein. (Added by Ord. 225-81, App. 5/5/81)

All decisions and determinations of the Board, on notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal to it, as to all errors, informalities and irregularities which the Board might have avoided, or have remedied during the hearing on the report. (Added by Ord. 225-81, App. 5/5/81)

The report, endorsed and confirmed in accordance with Sections 250.394 and 250.402, together with the certificate of the Clerk as to the fact and date of approval by this Board, shall be delivered to the Tax Collector at or before the time for levy of property taxes for the fiscal year. (Added by Ord. 225-81, App. 5/5/81)

The Tax Collector shall post to the County tax roll, in a column provided therefor, the total amount of the benefit assessment to be levied and collected for said year on each lot or parcel within the assessment district. (Added by Ord. 225-81, App. 5/5/81)

Said benefit assessments shall be levied and collected upon the tax rolls upon which general property taxes allocated to the City are collected. Such assessments shall be in addition to all property taxes levied for general purposes, and shall be entered and collected together with, and not separate from such general taxes, 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 property taxes for public purposes, and all laws applicable to the levy, collection and enforcement of real property taxes for local purposes are applicable to said benefit assessment levies, and the assessed real property, if sold for taxes, shall be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from the sale for taxes and if not redeemed shall in like manner pass to the purchaser. (Added by Ord. 225-81, App. 5/5/81)

The Board may annually at, or prior to, the time the levy is made, or at such other time as it determines, advance as a loan or contribution to the redemption fund of said bonds such amount or amounts as it may from time to time determine. (Added by Ord. 225-81, App. 5/5/81)

Public property, whether or not in use in the performance of a public function, shall be exempt from the levy of benefit assessments to service bonds issued pursuant to this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

If any parcel of property is omitted from the tax roll for any year in which such levy is made, it shall be added at the end of the roll and assessed as contained in the report herein provided. If any property is omitted in any such report it shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provision shall be made in the report for said year. (Added by Ord. 225-81, App. 5/5/81)

All bonds issued and all assessments levied and collected pursuant to the provisions of this Subdivision shall by their issuance or levy be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and determinations in any way pertaining thereto, and, after the same are issued, no assessment levied or collected for the purpose of paying the principal or interest on said bonds shall be held invalid or illegal, or set aside by reason of any error, informality, irregularity, omission or defect in said proceedings not amounting to a want of due process of law. (Added by Ord. 225-81, App. 5/5/81)

No assessment or bonds, or any order for their issuance, and no proceedings prior thereto, shall be held invalid by any court for any error, omission, irregularity, informality, or other defect in the same, where the resolution of intention has been published as herein provided. (Added by Ord. 225-81, App. 5/5/81)

No proceeding taken or had under this Subdivision shall be held to be invalid on the ground that the real property, or a portion thereof, upon which the work or improvement or part thereof is to be done or was done has not been lawfully dedicated or acquired, provided the same has been lawfully dedicated or acquired, or an action for the acquisition thereof has been filed, or otherwise, at any time before judgment has been entered in any legal action or proceeding involving such issue. (Added by Ord. 225-81, App. 5/5/81)

All the decisions and determinations of the Board, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this Title, as to all errors, informalities, omissions, irregularities, and other defects, which the

Board might have avoided, or might have remedied, during the progress of the proceedings, or which it can at that time remedy. (Added by Ord. 225-81, App. 5/5/81)

When any court of competent jurisdiction, or the Board of its own volition, determines that any contract purported to have been made, or any proceedings, steps or actions purported to have been taken, or any bond or bonds issued, or a levy of assessment made, under this Subdivision, is or are void, invalid, or unenforceable for any reason, or any court for any cause enjoins the issuance of payment of any bonds proposed to be or which have been issued under this Subdivision, or the payment of any pledge or contribution, or the levy of any annual benefit assessment, or any other action or determination which might or will affect the prompt and orderly payment of any such bonds or the interest thereon as they shall accrue, said court or the Board shall also determine that new bonds shall be issued in the place thereof. In such event, the Board shall cause a declaration to be filed which shall state the amount of any work performed, improvements made, acquisitions had, and the costs thereof and expenses incidental thereto, and the estimated cost of any future work, improvements, acquisition and incidental costs and expenses. Jurisdiction therefor shall be had after notice published and posted and hearing had as provided in Subdivision 4 of Subarticle V of this Procedure Code; provided, that there shall be no bar to said proceedings by reason of a majority or other protest against them. (Added by Ord. 225-81, App. 5/5/81)

If the invalidity is not in the bonds themselves or in the issuance thereof, the Board may so declare in the re-assessment proceedings. In such event, the reauthorization proceedings shall constitute the proceedings providing the legal authority for the issuance of the outstanding bonds, and the redemption fund created in any re-assessment proceedings shall constitute a trust fund for their payment. (Added by Ord. 225-81, App. 5/5/81)

If the invalidity is in the bonds themselves or in the issuance thereof, or if the Board so determines in the re-assessment proceedings, new bonds shall be issued and exchanged for the outstanding bonds. The new bonds shall mature in the amounts and at the times provided for the outstanding bonds, as nearly as may be. If the Board so determines, it may assign different bonds and allot maturities as it deems equitable. (Added by Ord. 225-81, App. 5/5/81)

If any part of the outstanding bonds have matured or will mature before the time for providing for the servicing of the new bonds, or if interest has accrued or will so accrue, the Board may provide for the issuance of additional new bonds in the amount thereof and for their maturity. If the holders of said outstanding bonds or coupons, or any other holders of outstanding bonds or coupons have refused to accept exchange of bonds therefor, the Board shall sell additional bonds in the amount thereof, and deposit the proceeds in the redemption fund. Said outstanding bonds shall forthwith become due and payable without premium, and shall no longer bear interest. (Added by Ord. 225-81, App. 5/5/81)

Notwithstanding any other provisions of this Subdivision, the Board may provide that any bonds heretofore or hereafter authorized to be issued pursuant hereto, be payable on July 2nd in each year, and that the interest coupons be payable on January 2nd and July 2nd in each year, or on such other dates as it deems appropriate.

(Added by Ord. 225-81, App. 5/5/81)

To the extent authorized under the California Constitution, the supplemental remedy provisions of Part 13 (commencing at Section 8800 et seq.) of Division 10 of the Streets and Highways Code shall apply. This Section is adopted pursuant to Section 43240 of the Government Code. (Added by Ord. 225-81, App. 5/5/81)

The boundaries as formed pursuant to Subdivision 5 of Subarticle V and this Subdivision 7 of Subarticle VI may be altered from time to time in the manner provided in Section 250.248 of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81) SUBDIVISION 8 REFUNDING BONDS

When, in the opinion of the Board, found and determined by resolution, by reasons of delinquencies or threatened delinquencies, or by reasons of changes in interest rates, the economy and general welfare of the owners of property within an assessment district will be served thereby, proceedings for refunding or advance refunding of outstanding assessment bonds may be had pursuant to this Subdivision. (Added by Ord. 225-81, App. 5/5/81)

Special assessments and special assessment bonds heretofore or hereafter levied or issued pursuant to general law may be refunded pursuant to this Subdivision. The provisions of the Special Assessment and Bond Refunding Act of 1939, Chapter 5, Division 1, Title 6 (commencing with Section 59100) of the Government Code shall apply. (Added by Ord. 225-81, App. 5/5/81)

Special assessments and special assessment bonds hereafter levied or issued pursuant to this Procedure Code may be refunded by proceedings had pursuant to Subdivision 4 of Subarticle V of this Procedure Code. The provisions of this Subdivision are to be read in pari materia with the provisions of Subarticles V and VI of this Procedure Code pursuant to which the former assessments were levied or bonds were issued. (Added by Ord. 225-81, App. 5/5/81)

The refunding bonds shall be issued pursuant to the provisions of Subarticle VI of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81)

Refunding bonds may be issued in a principal amount sufficient to provide for the payment of all of the following: (a) The principal amount of the bonds to be refunded; (b) The premium necessary to be paid in calling and retiring the outstanding bonds; (c) The price in excess of the par value of bonds required to be paid for their purchase in the open market; (d) Interest accrued, or to accrue, on the bonds to be refunded, to the date of their refunding or to the next interest payment date thereafter when required to be paid; (e) The costs of financial, legal and other technical services employed to accomplish the refunding; (f) The costs of printing and advertising, and all other costs of the City incurred or to be incurred in the refunding proceedings; and (g) Interest on the refunding bonds from their date to the date they are delivered to the former bondholders, in exchange for former bonds. (Added by Ord. 225-81, App. 5/5/81)

Refunding bonds may be exchanged for former bonds, in which event the holder of the former bonds and the Board shall agree upon the amounts and maturities of the bonds to be exchanged. (Added by Ord. 225-81, App. 5/5/81)

Refunding bonds may be sold in the manner provided in Subarticle VI of this Procedure Code, and the proceeds used to purchase or pay for all or any of the former bonds and costs of refunding. (Added by Ord. 225-81, App. 5/5/81)

The Board may by resolution establish a plan of refunding and rules and regulations therefor, to be performed by the Chief Administrative Officer, Treasurer, or other persons designated by it. (Added by Ord. 225-81, App. 5/5/81)

The Board may appoint and provide a bank or other trust company to act as depositary or trustee, and to otherwise assist in the consummation of a refunding plan.

(Added by Ord. 225-81, App. 5/5/81)

Proceedings for refunding bonds may be had in conjunction with proceedings for the acquisition or construction of public improvements or facilities pursuant to Subarticle V of this Procedure Code. (Added by Ord. 225-81, App. 5/5/81)

Nothing in this Subdivision shall be construed as authorizing the City to violate any contract or other vested rights arising from the issuance or ownership of the former bonds. The City is authorized to and shall conduct a refunding proceedings and take all proceedings necessary therein to avoid the violation of a contract or vested right. To this end, the City may exercise in whole or in part the procedure therefor in any law or provide therefor itself. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE VII TEMPORARY BORROWING SUBDIVISION 1 BOND ANTICIPATION NOTES

Bonds mean bonds or other obligations or evidences of indebtedness of the City which have been or may hereafter be authorized but have not been issued and sold. (Added by Ord. 225-81, App. 5/5/81)

"Note" means a Bond Anticipation Note to be issued upon the security of funds receivable from the sale of bonds and includes notes. (Added by Ord. 225-81, App. 5/5/81)

"Resolution" means the Resolution pursuant to which a Note is authorized and issued. (Added by Ord. 225-81, App. 5/5/81)

The Board may borrow money, the indebtedness of which shall be evidenced by a Note. (Added by Ord. 225-81, App. 5/5/81)

The issuance of a Note shall be authorized by Resolution of the Board for the City or in its representative capacity. (Added by Ord. 225-81, App. 5/5/81)

The Resolution shall contain a form of the proposed Note to be issued. (Added by Ord. 225-81, App. 5/5/81)

The Resolution shall describe the bonds, the proceeds of which shall constitute the source and security for the payment of the Note, sufficient to identify them. (Added by Ord. 225-81, App. 5/5/81)

A Note may be made payable to order or be negotiable and payable to bearer. (Added by Ord. 225-81, App. 5/5/81)

The Resolution may provide that the Note shall be subject to call and redemption prior to the maturity, at the option of the City, and state the manner of giving notice of redemption to the holder of the Note to be redeemed and the price at which the Note shall be subject to redemption. Such Note shall state on its face that it is callable, and no Note shall be so subject unless it contains such recital. (Added by Ord. 225-81, App. 5/5/81)

A Bond Anticipation Note may be issued in such principal amount as is set forth in the Resolution authorizing its issuance, which may include interest on the Note for its full term; provided, however, that such Note shall not be issued in a principal amount at any time outstanding which, when added to the interest payable thereon for the full period of the Note shall exceed the authorized principal amount of the unissued bonds described in the Resolution authorizing the issuance of the Note.

(Added by Ord. 225-81, App. 5/5/81)

A Note may be in any denomination and be payable not later than five years after its date of issuance. (Added by Ord. 225-81, App. 5/5/81)

Except as otherwise provided in this Subdivision, a Note and the interest thereon shall be payable solely from the proceeds of the sale of the bonds and the Resolution shall so provide. (Added by Ord. 225-81, App. 5/5/81)

The City shall have a mandatory duty to diligently take all action legally necessary and appropriate to issue and sell the bonds. (Added by Ord. 225-81, App. 5/5/81)

The Resolution may also contain an assignment of the proceeds of the sale of the bonds to the holder or owner of the Note as security for the payment of the Note and the interest thereon. (Added by Ord. 225-81, App. 5/5/81)

The Resolution may also provide that the proceeds of the bonds are pledged to the payment of the Note and the interest thereon. (Added by Ord. 225-81, App. 5/5/81)

Notwithstanding any other provision in the Resolution, or the absence thereof therein, the Note and the interest thereon shall constitute a first lien upon and charge against the proceeds of the bonds. (Added by Ord. 225-81, App. 5/5/81)

A Note may be paid from funds which have or will be received by the City from grants of the State or Federal Government, or both,

toward the costs of the public improvements for which the bonds were authorized; and said funds may be assigned or pledged as additional security for the payment of the Note and the interest thereon. (Added by Ord. 225-81, App. 5/5/81)

A Note may be paid from other funds of the City, which may be lawfully appropriated, budgeted or paid therefor; provided, however, that no assignment or pledge thereof shall be made or be effective which shall be in violation of any provision of the Charter, the California Constitution or any law. (Added by Ord. 225-81, App. 5/5/81)

No provision in this Subdivision as to any other source of payment of a Note or the assignment or pledge thereof shall be construed as or have the effect of diluting, diminishing or otherwise qualifying the obligation of the City to pay the Note and the interest thereon from the proceeds of the bonds, or of any assignment or pledge thereof or the lien thereon, excepting to the extent that said other funds shall have been used and applied in payment of said Note and the interest thereon. (Added by Ord. 225-81, App. 5/5/81)

A Bond Anticipation Note may be issued from time to time as provided in the Resolution authorizing its issuance. (Added by Ord. 225-81, App. 5/5/81)

A Note shall be executed in the manner provided in the Resolution. (Added by Ord. 225-81, App. 5/5/81)

The Board may issue and sell a Note as it shall determine and direct, at public or private sale, at or below its par value and at a rate of interest not to exceed the rate, and shall be payable at the time or times and in the amount or amounts, as provided in the Resolution. (Added by Ord. 225-81, App. 5/5/81)

The proceeds of a Note may be used and expended by the City solely for the purposes for which the bonds were authorized. (Added by Ord. 225-81, App. 5/5/81)

A Note may be refunded by the issuance of a refunding note in such amount or amounts as the Board may deem necessary to refund the principal of the note to be so refunded, any unpaid interest thereon, any discount and funded interest, and issuing expenses. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE VIII LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT PROCEDURE SUBDIVISION 1 GENERAL PROVISIONS

It is the purpose and intent of this Subarticle to establish a method by which landscaping, statuary, fountains, or other ornamental structures and appurtenant facilities or public lighting systems and appurtenant facilities may be constructed, installed, and/or maintained, the costs of which are to be assessed to the property which is adjacent to or in the vicinity of such systems or facilities and which is receiving benefit therefrom; and it is further the intent and purpose of this Subarticle to establish a procedure by which such assessments may be collected. (Added by Ord. 225-81, App. 5/5/81)

Any proceedings taken or assessment levied pursuant to this Subarticle shall not be held invalid for failure to comply with the provisions of this Subarticle. (Added by Ord. 225-81, App. 5/5/81)

Any procedure not expressly set forth in this Subarticle but deemed necessary or convenient to carry out any of its purposes is authorized. (Added by Ord. 225-81, App. 5/5/81)

The remedies provided in this Subarticle for the enforcement of any assessment levied pursuant to this Subarticle are not exclusive, and additional remedies may be provided at any time. (Added by Ord. 225-81, App. 5/5/81)

Proceedings under this Subarticle may be abandoned at any time prior to the confirmation of the assessments. (Added by Ord. 225-81, App. 5/5/81)

This Subarticle does not affect any other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this Subarticle, its provisions only need be followed. (Added by Ord. 225-81, App. 5/5/81)

This Subarticle is to be liberally construed. (Added by Ord. 225-81, App. 5/5/81)

The Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code of the State of California, as said Act may be amended from time to time) is incorporated in and made a part of this Subarticle. Except as otherwise provided by this Subarticle or by supplemental ordinance, the mode and manner for making improvements and for levying and collecting the assessments shall be as prescribed in said Landscaping and Lighting Act of 1972 as now or hereafter amended. (Added by Ord. 225-81, App. 5/5/81) SUBARTICLE IX CERTIFICATION AND PUBLICATION

The Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. (Added by Ord. 225-81, App. 5/5/81)