San Jose Municipal Code Part 3 Preliminary Formation Procedures

Whenever the city council intends to form a maintenance district pursuant to this chapter, it shall adopt a resolution which:

A. States that it is the intention of the city council to form a maintenance district pursuant to this chapter and assigns a distinctive name and number to the proposed maintenance district.

B. Describes generally the improvements to be maintained and the maintenance to be provided.

C. Describes the proposed boundaries of the maintenance district. The boundaries may be described by reference to a map or diagram on file with the city clerk. The boundaries need not be contiguous and areas may be excluded by lines of special benefit.

D. Directs the director to prepare and file the engineer's report described in this part.

(Ords. 24808, 25352, 25353.)

A. The director shall prepare an engineer's report as directed in the resolution of intention adopted pursuant to Section 14.15.310.

B. The city council may make changes to any engineer's report pursuant to Section 14.15.510.

C. The engineer's report shall include the following:

1. A description in words of the general boundaries of the maintenance district.

2. A description of the improvements to be maintained and the maintenance to be provided. The description may include by reference plans included in the engineer's report or filed with the engineer's report although separately bound.

3. A budget for the first fiscal year after approval of the engineer's report. The budget shall include:

a. The sources and uses of funds within the maintenance district and an estimate of the total cost of maintenance, including but not limited to labor, equipment, supplies, utilities, administration, reserves for contingencies and major periodic repairs, and any assessment collection charges, during the first fiscal year after approval of the engineer's report.

b. The amount of any surplus or deficit in the maintenance district's account at the end of the prior fiscal year that shall be carried over to the fiscal year shown in the budget.

c. An estimate of the initial annual aggregate assessment and the proposed annual adjustment together with an explanation of the proposed adjustment formula.

4. A formula showing the method by which the director proposes to apportion the cost of maintenance among the parcels to be specially assessed. The cost may be apportioned by any method which fairly distributes the cost on the basis of special benefits to be received by each parcel, or portions thereof, as the result of the maintenance. For this purpose the maintenance district may be divided into zones of benefit, the boundaries of which shall then be shown on the diagram. Parcels of property, or parts thereof, not benefiting from the maintenance shall be excluded by the formula.

5. An assessment roll containing the assessment number of each parcel to be specially assessed, the amount of each proposed assessment for the first fiscal year after approval of the engineer's report based on the budget prepared and the formula derived under this subsection. If the county assessor's parcel number is not used as the assessment number, the assessment roll shall also contain the corresponding county assessor's parcel number.

6. A list of the names and addresses of all owners of parcels shown on the diagram described in Section 14.15.320.C.7. and on the assessment roll, as shown on the last equalized assessment roll for county taxes or as known to the city clerk.

7. A diagram on one or more sheets showing the boundaries of the maintenance district and each parcel of land to be specifically assessed for the cost of the maintenance. The diagram may either be included in the engineer's report or separately bound and filed with the engineer's report.

a. The diagram shall be legibly drawn by a process that provides a permanent record. Each sheet of paper or other material used for the permanent record map shall be eighteen inches high by twenty-six inches wide (four hundred fifty by six hundred sixty millimeters), shall clearly show the particular number of the sheet, the total number of sheets comprising the diagram, its relation to each adjoining sheet, and shall have encompassing its border a line that leaves a blank margin one inch (twenty-five millimeters) in width.

b. The lines and dimensions of each parcel shall conform to the county assessor's parcel maps; or the diagram may consist of a copy of the county assessor's parcel maps. Each parcel shall be labeled with a distinctive assessment number, which may be the county assessor's parcel number.

c. The diagram shall be titled substantially as follows:

ASSESSMENT DIAGRAM MAINTENANCE DISTRICT

(here insert number and name of district)

FISCAL YEAR (insert fiscal year)

d. The diagram shall also have certifications reading substantially as follows:

FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS

THIS (Day) DAY OF (Month) , (Year).

DIRECTOR OF PUBLIC WORKS

FILED IN THE OFFICE OF THE CITY CLERK THIS (Day) DAY OF (Month) , (Year).

CITY CLERK

AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS DIAGRAM BY RESOLUTION NUMBER _________ ON THE (Day) DAY OF (Month) , (Year). THE APPROVED ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS CONTAINS THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM.

CITY CLERK

FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA THIS (Day) DAY OF (Month) , (Year) AT THE HOUR OF (Hour) O'CLOCK (a/p) M IN BOOK _________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _________. FILE NUMBER _________ FEE $_________

COUNTY RECORDER OF COUNTY OF SANTA CLARA

(Ords. 24808, 25352, 25353.)

A. Upon completion of the engineer's report, the director shall file the engineer's report with the city clerk for presentation to the city council. The city council may accept the engineer's report as submitted, may modify the engineer's report and accept the engineer's report as modified, or may reject the engineer's report.

B. If the engineer's report is accepted, the city council shall by resolution preliminarily approve the engineer's report and set the dates, times and places for the public meeting and public hearing and tabulation of the property owner ballots, and shall direct that notice be given in the manner required by Part 4 below unless such notice and balloting procedure is waived by one hundred percent of the owners in the proposed maintenance district pursuant to the procedure set forth in Section 14.15.470.

(Ords. 24808, 25352, 25353.)