SEC. 9-229. POWERS:
When proceedings are taken pursuant to this Article the Municipal Improvement Act of 1913 shall apply.
SEC. 9-230. HEARING:
The hearing on the report need not be set for more than ten (10) days beyond the day of setting.
SEC. 9-231. PAYMENT — TIME:
The time provided for payment of assessments may be extended by the Council, or, on petition of all of the owners, may be shortened or waived.
SEC. 9-232. Id — TO WHOM:
Payment shall be made to the Director of Finance unless the Council shall specify some other officer to whom payments are to be made.
SEC. 9-233. EMINENT DOMAIN:
Proceedings in eminent domain may be exercised under the Code of Civil Procedure.
SEC. 9-234. Id — STIPULATION FOR JUDGMENT:
Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.
SEC. 9-235. Id — OFFSET:
Awards and assessments may be offset as provided in the Street Opening Act of 1903.
SEC. 9-236. Id — REFEREES:
Reference to referees may be had as provided in the Street Opening Act of 1903.
SEC. 9-237. SURPLUS:
If there is, or the City Council shall determine 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 one thousand dollars ($1,000.00) or five percent (5%) 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 9-238.
(Amended by Ordinance 2249-C.S. — Effective June 22, 1972)
SEC. 9-238. Id — CREDIT ON ASSESSMENT:
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 improvements 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; and
(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.
SEC. 9-238.01. PROCEEDINGS FOR MAJOR SERVICE PROJECT:
When a project is for a major service or services, including but not limited to lands, easements, rights, interests, improvements, works, systems and facilities for the collection, treatment and disposal of sanitary sewage, industrial wastes, garbage, refuse or storm waters or for flood control, production, supply, treatment, storage and distribution of water for public and private purposes, and for the parking of vehicles off public streets, proceedings therefor may be had as provided in Sections 9-238.02 through 9-238.11.
(Added by Ordinance 1816-C.S. — Effective May 2, 1969)
SEC. 9-238.02. EXCEPTIONS IN RESOLUTION AND REPORT:
It shall not be necessary, in the resolution of intention, to describe any works or facilities or other matters having to do with any specific acquisitions or improvements, or in the estimate of costs, a detailed estimated cost of any specific acquisitions or improvements or to provide in the engineer's report maps and descriptions of specific things to be acquired or plans, specifications, profiles, detailed drawings and specifications for any specific acquisitions or improvements, or a diagram or assessment.
(Added by Ordinance 1816-C.S. — Effective May 2, 1969)
SEC. 9-238.03. INCLUSIONS IN RESOLUTION:
It shall be sufficient, in the resolution of preliminary determination and of intention, to state that the public interest, convenience and necessity require, and that the Council proposes to provide an area of the City with a specified service or services, by the acquisition, construction, maintenance, operation and improvement of lands, easements, rights, interests, improvements, works, systems and facilities necessary or useful therefor, the total estimated costs of the acquisitions and improvements, and that bonds will be issued from time to time to pay the costs thereof pursuant to Bond Plans D, E or F of Division 6 of this Part. If the services are for vehicle off street parking, Bond Plan G may be designated, in which event the formulae to be used shall be specified. The boundaries of the area may be by reference to a map thereof which need not show the individual parcels therein.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-238.04. INCLUSIONS IN REPORT:
It shall be sufficient for the engineer's report to contain a map of the proposed area preliminarily determined to be the area to be so served and benefited, a general statement of the nature of the service or services proposed to be provided and of the nature of the things that may be acquired or constructed, or both, to provide such service or services, without any detail as to any specific such thing.
(Added by Ordinance 1816-C.S. — Effective May 2, 1969)
SEC. 9-238.05. JURISDICTION:
Notice shall be given of a hearing to be had on the resolution of intention and the report, by publication, posting and mailing and such hearing shall be held, the acquisitions and improvements shall be ordered, and jurisdiction shall be acquired to take further proceedings, as otherwise provided for other projects under this article, modified to conform to these provisions for a major service project, provided that the notice to be mailed need only contain a statement of the total estimated cost of the general project.
(Added by Ordinance 1816-C.S. — Effective May 2, 1969)
SEC. 9-238.06. INCLUSION OF SPECIFIC PROJECT:
The Council may provide for the inclusion of a specific portion of a general project had pursuant to Sections 9-238.01 et seq., in which event all of the provisions of Sections 9-229 through 9-238 shall apply to said specific portion, and the balance of the project shall be had as provided in said Sections 9-238.01 et seq. of this article.
(Added by Ordinance 1816-C.S. — Effective May 2, 1969)
SEC. 9-238.07. EXISTING IMPROVEMENTS:
Upon the formation of a service facilities district, it shall have jurisdiction over all lands, easements, rights, interest, improvements, works, systems and facilities of the City utilized for its purposes.
(Amended by Ordinance 2874-C.S. — Effective Dec. 9, 1976)
SEC. 9-238.08. ACQUISITIONS AND IMPROVEMENTS:
Lands, easements, rights, interests, works, systems and facilities for which a service facilities district is created are useful in performing such service, may be acquired or constructed as are other city improvements in the manner provided for and within its powers under the City Charter, without compliance therewith.
(Amended by Ordinance 2874-C.S. — Effective Dec. 9, 1976)
SEC. 9-238.09. ADDITIONAL BONDS:
Additional bonds of a service facilities district may be authorized in the manner provided for the creation of a service facilities district, so modified that the proceedings will be solely for the purpose of authorization of the issuance of said additional bonds.
(Amended by Ordinance 2874-C.S. — Effective Dec. 9, 1976)
SEC. 9-238.10. ANNEXATIONS:
Territory within, or being annexed to, the City may be annexed to service facilities districts as a part of a proceedings annexing said territory to the City, by appropriate provisions in said proceeding, or as provided in Sections 9-253, 9-254 and 9-255 of this Code.
(a) Id—Consent. If the owners of the land within the territory which has or proposed to be annexed to the City have given their written assent to being annexed to a district created pursuant to this Article 4 of Division 5, the Council may by resolution order such annexation without notice and hearing by the Council and without an election. This provision shall be applicable to all service facilities districts heretofore or hereafter created.
(Amended by Ordinance 3167-C.S. — Effective Apr. 5, 1979)
SEC. 9-238.11. VALIDATION:
The action of this Council in adopting a resolution, ordinance or other action taken to form a service facilities district or other assessment district pursuant to this Article, or to make a change in the boundaries thereof or to provide for the issuance of bonds thereof or the levy of an annual assessment therefor, shall be final and conclusive. No action or defense in a pending action to question the validity of said matters will lie following the expiration of thirty (30) days after the date of adoption thereof and all persons shall thereafter be forever barred.
(Amended by Ordinance 2874-C.S. — Effective Dec. 9, 1976)
Stockton, CA 
