Santa Rosa Municipal Code Art. IV Municipal Improvement Act of 1913

When proceedings are taken pursuant to this article, the Municipal Improvement Act of 1913, excepting as to any provisions therein inconsistent with any applicable provisions of this title, shall apply.

(Prior code App. A, § 240)

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

(Prior code App. A, §241)

Bonds may issued upon any supplemental assessment and more than one such assessment may be had.

(Prior code App. A, § 242)

The time provided for payment of assessments may be 30 days.

(Prior code App. A, § 243)

Payment shall be made to the City Treasurer unless the Council specifies some other officer to whom payments are to be made.

(Prior code App. A, § 244)

Proceedings in eminent domain may be exercised under the Code of Civil Procedure.

(Prior code App. A, § 245)

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.

(Prior code App. A, § 246)

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.

(Prior code App. A, § 247)

Awards and assessments may be offset as provided in the Street Opening Act of 1903.

(Prior code App. A, § 248)

Reference to referees may be had as provided in the Street Opening Act of 1903.

(Prior code App. A, § 249)

If there is, or the City Council determines that there will be, a surplus in the construction fund, it may determine that said moneys may be used for any one or more of the following purposes:

(A) For transfer to the general fund of the City, provided that the amount shall not exceed the lesser of $1000.00 or five percent of the total amount expended from the construction fund;

(B) To reimburse the City for any contributions or advances to or for the construction fund that were not pledged in the resolution of intention;

(C) For the maintenance of the improvements or a specified part thereof;

(D) As provided in Section 4-12.380.

(Prior code App. A, § 250)

As an alternative method of disposition, the surplus shall be refunded or credited pro rata to the parties assessed, as follows:

(A) Where the assessment or any installment has been paid in cash, the credit shall be returned in cash to the person who paid the assessment or installment;

(B) Where the assessment or any installment is unpaid, the credit shall be applied upon the assessment or the earliest unpaid installment of principal and interest; or

(C) Where an owner has requested that the credit be paid to him in the petition for the improvement or subsequently in writing filed with the Director of Finance, or to his assigns, the credit shall be so paid notwithstanding the assessment or an installment has not been paid in cash;

(D) When the assessment is ad valorem in nature and not fixed liens, the credit shall be deposited in the bond interest and redemption fund.

(Prior code App. A, § 251)

The provisions of Sections 4-12.370 and 4-12.380 shall apply and be controlling in any proceeding taken pursuant to any general law.

(Prior code App. A, § 252)

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 apply.

(Prior code App. A, § 253)