Part 6 — ASSESSMENT AND OPERATION

A.

Upon city council approval of formation of the maintenance district, and any changes thereto, the city clerk shall file a copy of the assessment diagram or amended assessment diagram in the office of the county recorder to be endorsed with the time and date of filing and included in the "Book of Maps of Assessment and Community Facilities Districts."

B.

After the confirmation by the city of any assessment and the filing of the assessments and diagram in the office of the director of public works, the clerk shall execute and record a notice of assessment in the office of the county recorder of Santa Clara County.

C.

The notice of assessment shall be in substantially the following form:

NOTICE OF ASSESSMENT

Pursuant to the requirements of San José Municipal Code Section 14.15.610, the undersigned Clerk of the City of San José, State of California, hereby gives notice that a diagram was recorded in the Office of the Santa Clara County Recorder as provided for in San José Municipal Code Section 14.15.610, and relating to the following described real property:

(The real property in the Maintenance District may be described by:(a) stating its exterior boundaries; or (b) describing the property according to any official or recorded map; or (c) referring to the assessment diagram filed in accordance with Section 14.15.610 and the book and page number in the Office of the County Recorder of the filed diagram.)

Notice is further given that upon the recording of this notice in the Office of the County Recorder, the several assessments included herein assessed on the lots, pieces, and parcels shown on the filed assessment diagram shall become a lien upon the lots or portions of lots assessed, respectively and be collected in the (tax year) tax year either by posting upon the county roll for general property taxes or by filing with the City's Director of Finance. Assessments in subsequent fiscal years are subject to increases in an amount not to exceed (annual adjustment formula) per year.

Reference is made to the assessment roll and diagram filed in the Office of the City Clerk.

Dated:_________

City Clerk   

(Ords. 24808, 25352, 25353.)

A.

The director shall make any amendments to the annual assessment roll arising out of changes in property boundaries by apportioning the assessment in a manner consistent with the formula described in the engineer's report.

B.

The director shall file the annual assessments with the county, with a request that the assessments be posted on the county roll for general property taxes.

C.

The annual assessments shall be filed on or before the final date of acceptance of special assessments for posting to the county rolls for the fiscal year in which the assessments are to be collected. The assessments shall be collected at the same time and in the same manner as general property taxes and shall bear the same proportionate penalties for delinquency in payment. After deduction of any collection charges of the county, the net amount of assessments collected shall be remitted to the city for the account of the district.

D.

The director may, as an alternative to filing annual assessments with the county for collection, collect any or all assessments through the city's normal billing processes. The assessments shall be due at the same time as payments of general property taxes. Any unpaid assessments shall be delinquent on the date that unpaid general property taxes become delinquent and shall be subject to penalties at the same rate as delinquent general property taxes.

(Ords. 24808, 25352, 25353.)

A.

The city shall establish a separate fund for each maintenance district bearing a distinctive identifying name and number.

B.

The moneys deposited in, and accrued to, the fund, and all payments therefrom, shall be expressly for maintenance of maintenance district facilities.

C.

A surplus or deficit in the maintenance district's account at the end of each fiscal year shall be carried over to the following fiscal year.

D.

If necessary to separate moneys between zones of benefit, within a maintenance district, a separate fund shall be established for each zone. Interest earned on fund balances shall be credited to the account of each separate fund.

E.

The city may make a contribution or advance to the maintenance district's account at any time from other lawfully available funds of the city. Any such advance shall be repaid in the manner determined by the city council at the time the advance is approved.

F.

Upon dissolution of a maintenance district, any amount remaining in the maintenance district fund may be expended for maintenance district purposes until exhausted, or may be refunded to the owners proportionate to the most recent annual assessments, at the discretion of the city council. An amount remaining that is the lesser of one thousand dollars or five percent of the maintenance district's annual budget may be transferred to the general fund.

(Ords. 24808, 25352, 25353.)

A.

The maintenance within any maintenance district may be performed by city forces and/or by one or more contractors retained by the city.

B.

The letting of contracts for maintenance may be by negotiation or through public bidding in accordance with the city charter and this Code.

C.

The account of the maintenance district shall be charged for all related costs in accordance with normal and reasonable cost accounting standards and procedures for such maintenance whether performed by city and/or by a contractor.

(Ords. 24808, 25352, 25353.)