Chapter 14.26

LIBRARY BENEFIT ASSESSMENT DISTRICT

Sections:

• 14.26.030 Areas of benefit.

• 14.26.040 Property need not be contiguous.

• 14.26.050 No prohibition on other financing.

• 14.26.060 Proceedings for imposition of assessment.

• 14.26.070 Protests.

• 14.26.080 Hearing of protests.

• 14.26.090 Changes after hearing.

• 14.26.100 Council determination of protests.

• 14.26.110 Abandonment of protests.

• 14.26.120 Council action after hearing.

• 14.26.160 Recordation of map.

• 14.26.170 Failure to receive notice not to affect validity of proceedings.

• 14.26.180 Action challenging district.

• 14.26.190 Authority to issue bonds.

• A. The city council may, by resolution adopted after notice and hearing, establish a library benefit assessment district and levy an annual assessment for library facilities and services pursuant to this chapter.

• B. The assessment may be made for the purpose of paying the costs of providing library services.

• C. The library benefit assessment district may include and the assessment may be levied against any parcel, improvement or use of property to which library services may be made available, whether or not those services are actually used. As used in this chapter:

  1. "Bonds" means bonds, notes, or other evidence of indebtedness.

  2. "Library services" means all services and facilities provided by the city in connection with a library open to the public. These services include, but are not limited to, acquiring, constructing, equipping, furnishing, staffing, operating and maintaining real property, buildings, equipment, vehicles and other facilities for the conduct of public library programs; providing collection development and maintenance, lending services, information services and programs; acquiring books, magazines, newspapers, audiovisual, electronic media, and other informational materials; providing access to all available lending materials through direct loan, interlibrary loan, literacy pro-

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§ 14.26.050

grams, electronic access and other special service programs; providing information, recreation and lifelong learning for all persons; and administrative and indirect costs of providing those services. (Ord. 24817.)

• A. The resolution forming the library benefit assessment district shall determine and levy the initial annual assessment and a method for apportioning the annual assessment among the properties within the assessment district on the basis of the benefit to individual parcels or classes of property.

• B. Determinations of benefit may be based on the use of the property, class of improvement of property, structure size or property size, distance from library services, and other factors relative to making library services available to the property.

• C. The resolution shall also do all of the following:

  1. Establish the boundaries and designation of the library benefit assessment district and any zones or areas of benefit within the library benefit assessment district.

  2. Describe each lot or parcel of property proposed to be subject to the assessment. The resolution may refer to the county assessment roll for a description of the lots or parcels, in which case that roll shall govern for all details concerning the description of the lots or parcels.

  3. Establish the amount of the assessment for each lot or parcel for the initial fiscal year.

  4. Establish the maximum aggregate amount of the total annual assessment.

  5. Establish the maximum duration of the assessment which in any event shall not exceed ten years.

  6. If desired, declare the intention to issue bonds.

  7. Set forth a general, functional description of any capital facilities or programs proposed to be financed with the assessments. The description shall not preclude the use of proceeds of the assessment for other capital facilities not so described.

• D. Proceeds of the assessment may be expended by the city to pay any cost or expense arising under or related to the subject matter of this chapter, including, without limitation, administrative costs of establishing the assessment district, including providing all necessary notices and conducting an election, levying and collecting the assessment, and the defense of any action taken by the city under this chapter.

• (Ord. 24817.)

The council may establish zones or areas of benefit within the library assessment district and may restrict the imposition of assessments to areas lying within one or more of the zones or areas of benefit so established.

(Ord. 24817.)

All or any portion of the city may be included within the assessment district, and the property within the assessment district need not be contiguous.

(Ord. 24817.)

• A. This chapter does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for library services authorized by any other provision of law.

• B. This chapter and all of its provisions shall be liberally construed in order to effectuate its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any procedure taken under this chapter, that does not directly affect the jurisdiction of the city council to establish the assessment district

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§ 14.26.050

or to determine or levy the assessment, shall void or invalidate that proceeding or any levy for the costs of providing library services.

(Ord. 24817.)

• A. The city clerk shall cause notice of the time, date, and place of hearing on the resolution to be published pursuant to Government Code Section 6066 and to be posted in at least three public places within the city.

• B. The city clerk shall also cause a copy of the notice of the time, date, and place of hearing on the resolution to be given as required by Section 54954.6 of the Government Code ("Brown Act"), as same may be amended from time to time.

• (Ord. 24817.)

• A. At any time not later than the hour set for the hearing, any holder, whether a fee owner, lessee or otherwise, of the interest in any property that is proposed to be assessed and who will be obligated to pay the proposed assessment, may make written protest against the proposed assessment.

• B. The protest shall contain a description of the property and the interest in the property that each signer of the protest represents, sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the owners of the property, shall contain or be accompanied by written evidence that the signers are the holders of the property interest proposed to be charged and who will be obligated to pay the proposed charge.

• C. All written protests shall be delivered to the city clerk and, for the purposes of Section 14.26.140, no other protests or objections shall be considered.

• (Ord. 24817.)

• A. At the time, date, and place stated in the notice given under Section 14.26.060, the city council shall hear and consider all objections or protests, if any, to the resolution referred to in the notice and shall also hear and determine all protests as provided in Section 14.26.120.

• B. Any written protest may be withdrawn, in writing, by the person who made the protest at any time prior to the conclusion of the hearing or any adjournment of the hearing.

• (Ord. 24817.)

During the course of or upon the conclusion of the hearing, the city council may order changes in the proposed resolution, which changes do not increase any assessment.

(Ord. 24817.)

• A. Upon the conclusion of the hearing pursuant to Section 14.26.120, the city council shall determine the percent of protests filed. For that purpose, the area of the library benefit assessment district shall be adjusted to exclude areas ordered excluded from the district.

• B. If it shall be necessary, in order to find whether a fifty percent protest exists, to determine whether any or all of the signers of written protests are the holders of property interests proposed to be assessed and who will be obligated to pay the proposed annual assessment, the city council shall make the determination from the last equalized assessment roll, any written evidence submitted with a written protest, and any other evidence received at the hearing. The city council shall be under no duty to obtain or consider any other evidence as to the holding of property interests.

• C. The determination of the city council as to the validity of protests shall be final and conclusive.

• (Ord. 24817.)

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§ 14.26.170

• A. If the city council finds that protest is made by holders of property interests proposed to be assessed and who will be obligated to pay fifty percent or more of the total amount of the proposed annual assessment, and protests are not withdrawn so as to reduce the number to less than fifty percent, the proposed assessment so protested shall be abandoned.

• B. Notwithstanding the foregoing, any proposed annual assessment to pay principal and interest coming due on bonds previously issued pursuant to this chapter may be adopted by a majority of the members of the city council.

• (Ord. 24817.)

• A. If no protests or objections in writing have been delivered to the city clerk up to the hour set for hearing on the resolution, or if valid protests have been found by the city council to be less than fifty percent of the total proposed annual assessment, the city council may, at any time after the conclusion of the hearing, by resolution, establish the library assessment district and determine the amount of the assessment.

• B. The city council may extend the due date for the first year's assessments to have them due concurrently with the following year's assessments.

• (Ord. 24817.)

• A. Prior to the levy of any annual assessment by the city council as provided in this chapter, other than the initial annual assessment, the city council shall cause to be prepared and filed with the city clerk a written report that shall contain all of the following:

  1. Reference to the library assessment district by its distinctive designation and general area location.

  2. The aggregate amount of the assessment for the fiscal year, which shall not be less

than the amount of principal and interest required to be paid from the assessment with respect to any bonds issued pursuant to this chapter.

3. A schedule showing the apportionment of the aggregate assessment among the properties within the assessment district.

4. A general description of the proposed uses of the assessment.

• (Ord. 24817.)

Notice of hearing on the proposed annual assessment shall be given by publication and posting in the manner which conforms to the requirements of the Brown Act (Gov. Code Sections 54950 et seq.).

(Ord. 24817.)

The city council may provide for the collection of the assessment in the same manner, and subject to the same penalties, as property taxes fixed and collected by, or on behalf of, the city. The city council may provide that the first year's assessment shall be collected concurrently with the following year's assessment. (Ord. 24817.)

Following adoption of the resolution, the city clerk shall record with the county recorder a notice and map describing the library assessment district (pursuant to Division 4.5 (commencing with Section 3100) of the Streets and Highways Code). (Ord. 24817.)

The failure of any person to receive a notice, resolution, order or any other matter shall not affect in any way whatsoever the validity of any proceedings taken under this chapter or prevent the city council from proceeding with any hearing so noticed.

(Ord. 24817.)

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§ 14.26.180

• A. Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding brought by the city council to determine the validity of any resolution adopted under this chapter.

• B. Except with respect to a validation action brought by the city, the validity of the formation of an assessment district, or an assessment levied, under this chapter shall not be contested, questioned, or challenged in any action or proceeding unless the action or proceeding is commenced within thirty days after the district is formed or the assessment is levied, as the case may be, and in case that action or proceeding is not brought within that period, then thereafter all persons whosoever shall be barred in any action, suit, or proceeding from pleading, asserting, or claiming that the assessment is invalid or that any of the proceedings or other actions herein specified were defective, faulty, or invalid in any respect.

• (Ord. 24817.)

The city council may specifically allocate and pledge all or any portion of the revenues generated pursuant to this chapter to pay the principal of and interest on bonds that may be issued. (Ord. 24817.)