SEC. 9-403. POWERS:
There is hereby vested in the Council the power to issue benefit bonds within any district created pursuant to Division 5 of this code.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-404. PURPOSE:
The purpose of this Article is to provide a procedure by which assessment bonds may be issued to pay the whole or any part of the costs of any public improvements which are inherently local in nature, payable from annual assessment levies apportioned among the several lots and parcels of land within the district established therefor, the formula or formulae for which is to be determined in the proceeding in which jurisdiction is provided therefor.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-405. ASSESSMENT PROVISIONS INAPPLICABLE:
The respective provisions of any Article of Division 5 pursuant to which said proceedings are undertaken to the contrary notwithstanding, no assessment or diagram shall be made, heard, levied or recorded, nor shall any amount of annual levies proposed to be made pursuant hereto be or become payable prior to their levy as herein provided.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-406. RESOLUTION OF INTENTION:
When the Council proposes to issue bonds pursuant to this Article, it shall so declare in the resolution of intention pursuant to which the bonds are to be issued, the maximum term for which the bonds of any series of the issue may run, and the maximum rate of interest they may bear.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-407. ASSESSMENT FORMULAE:
In addition to the matters required by Section 9-406 of this Article, the resolution of intention shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said bonds and the interest thereon will be apportioned according to benefits among the several lots and parcels of land within the assessment district to be established therefor.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-408. HEARING AS TO BENEFITS:
At the hearing provided for establishing the assessment district pursuant to any Article of Division 5 of the Code, property owners may protest against and be heard as to the equitableness and fairness of the formula or formulae in the same manner, at the same time and with like legal effect, as provided for other protests in said proceedings.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-409. INITIAL MODIFICATION:
At the hearing provided in Section 9-408 of this Article, the Council, of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same more fair and equitable; provided, however, that before making a final order in said matter it shall set said matter for hearing at a subsequent meeting of said Council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which the original resolution of intention or notice of improvement was published, at least ten (10) days prior to said hearing.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-410. FINAL DETERMINATION:
At the initial hearing or at the subsequent hearing on the modification of said formula or formulae or at any meeting to which either shall have been adjourned or at any meeting of the Council subsequent to the full hearing of said matter, with or without said matter having been submitted, the Council, by resolution, shall finally adopt a formula or formulae for the apportionment of benefits in the subsequent levies, which shall be that stated in the resolution of intention, or as modified, and its determination shall be final and conclusive against all persons excepting persons whose protests for grounds stated therein have been denied and who have brought action to question its validity within thirty (30) days following said determination, in the local Superior Court.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-411. SUBSEQUENT MODIFICATION:
If, at any time following the final establishment of the formula or formulae for said subsequent levies, the Council shall, by resolution, determine that, by reasons of changed conditions or because of defects or insufficiencies therein disclosed by its application, an established formula or formulae is, in any particular, inequitable or unfair, or may be made more equitable and fair, the Council may, by resolution, so declare, stating the grounds therefor, and fix a time and place of hearing thereon.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-412. NOTICE:
A copy of the resolution provided in Section 9-411 shall be published once a week for two (2) successive weeks, the first of which shall be at least fourteen (14) days prior to the day of said proposed meeting, in the newspaper in which the resolution of intention or notice of improvements in said proceedings was published.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-413. HEARING AND DETERMINATION:
At the hearing provided in Section 9-411, protests may be filed, heard and acted upon in the manner and with like effect provided in this Article for the initial establishment and modification of said formula or formulae.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-414. CONSTRUCTION FUND:
The moneys in said fund shall be used solely for acquiring and constructing the improvements, the incidental expenses thereof and of the financing of proceedings, and may include interest on the bonds during the estimated period of acquisition and construction.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-415. BOND FUND:
A fund to be named "Bond Plan F Issue No.___ Bond Fund", or other designation sufficient to identify it, shall be created and maintained for each issue of bonds.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-416. TRUST FUNDS:
All moneys which shall have been pledged or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied therefor, shall be deposited in the bond fund for such issue, shall constitute a trust fund therefor, and shall not be expended for any other purpose; provided that if any moneys remain in the bond fund after the payment of all the bonds and the interest thereon, it shall be transferred to the City general fund, unless a maintenance, improvement or a service facilities district has been created for the improvements acquired and constructed from the proceeds of said bonds, in which event it shall be transferred to such fund, and be used for the objects and purposes thereof.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-417. BUDGET CONTENTS:
The Director of Finance shall annually cause to be prepared a budget for each bond issue hereunder which shall include the following:
(1) The gross amount required to pay the principal of and interest on the bonds and any premiums on bonds to be called, before the proceeds of a second assessment levy will be available therefor.
(2) The gross amount proposed to be raised for the maintenance and operation of the City waste water works and system, and any capital, additions, extensions, improvements or replacements therein, during the period provided in part (1) of this Section.
(3) The balance available at the end of the fiscal year for each of the purposes provided in parts (1) and (2) of this Section.
(4) The amount established to be available pursuant to any pledge of applicable revenues, which shall be budgeted and appropriated, for either of the purposes provided in parts (1) and (2) of this Section.
(5) The amount estimated to be available from additional contributions, which shall be budgeted and appropriated, for either of the purposes provided in parts (1) and (2) of this Section.
(6) The balance of the amount for each parts (1) and (2) of this Section.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-418. BENEFIT ASSESSMENT:
The total amount provided in Section 9-417(6), including provision for anticipated delinquencies, shall be raised by annual benefit assessments on all taxable lands within the assessment district, until all of the bonds and the interest to accrue thereon have been paid in full.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-419. REPORT:
In each year that a balance is provided in the budget pursuant to Section 9-417(6), the Director of Finance shall cause to be prepared, a report for each bond issue hereunder, which shall, by property headed columns, show the amount of the levy applicable to lot or parcel, and such other information as may be necessary or useful in carrying out the formula or formulae adopted by the Council therefor.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-420. CERTIFICATION:
When the report has been completed it shall be endorsed by the Director of Finance in duplicate and filed with the City Clerk on or before July 15th of each year.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-421. ADOPTION BY COUNCIL:
If the formula or formulae adopted for an issue of bonds is sufficiently simple as to leave no discretion, it shall be reviewed by the Council and adopted and approved by resolution.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-422. FURTHER COUNCIL ACTION:
If the formula or formulae adopted for an issue of bonds requires the exercise of a discretion by the Council, further proceedings shall be had as provided in Sections 9-423 through 9-428 of this Article.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-423. HEARING — DATE:
Said report shall come on regularly for hearing by the City Council at its regular meeting held on the first Monday of August in each year.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-424. HEARING — NOTICE — PUBLICATION AND POSTING:
The City Clerk shall cause notice of the hearing on the report to be given by two publications in a newspaper in the City, and by posting a copy of the notice on the bulletin board of the City Hall. The posting and first publication shall be at least ten (10) days before the day fixed for hearing.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-425. HEARING — NOTICE — FORM:
The notice shall be substantially as follows:
NOTICE OF HEARING ON ASSESSMENT ROLL
BOND PLAN F ISSUE NO. ___
NOTICE IS HEREBY Given that the Director of Finance has prepared and filed in my office a report, which apportions the amount required to be raised for the fiscal year 19__ - 19__, to pay the principal and interest and any premiums to accrue in the bonds stated in the title (and also to pay the costs of maintenance operation and improvements of the City's____________works)*, which has been apportioned according to the benefit formula established by the City Council therefor among the lots and parcels of real property within the assessment district established for said bonds.
Said report will be heard by the Council at its meeting to be held on the ___ day of _________ 19__, at the hour of 8:00 p.m., Council Chambers, City Hall, Stockton, California, at which time said Council will examine said report and hear all persons interested therein.
Any interested person, objecting to the amount of the assessment on any parcel of land owned by him, may file with the City Clerk, at or before the hour fixed for hearing a protest in writing signed by him, describing the parcel owned by him so that it may be identified, and stating the grounds of his protest, and appear at said meeting and be heard in regard thereto.
*To be included when the levy includes maintenance, etc.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-426. HEARING — AFFIDAVITS:
Affidavits of certificates of publication and posting of hearing shall be made and filed with the Clerk.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-427. HEARING — PROTESTS:
The Clerk shall endorse on each protest the date it is filed with him, and show whether said protest is filed prior to the hour fixed for hearing. No protest received after said hour shall be legal, but the Council may, at its discretion, consider any protests and hear the signers thereof.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-428. HEARING — COUNCIL DUTIES:
At the time and place fixed for said hearing, or at any time to which said hearing is adjourned, the Council shall:
(1) Hear all persons having an interest in any real property within the district;
(2) Hear all objections, protests or other written communications from any persons interested in any real property within the district;
(3) Take and receive oral and documentary evidence pertaining to the matters contained in the report;
(4) Remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of the Director of Finance as contained therein; and
(5) Amend, alter, modify, correct and confirm said report and each of the assessments therein.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-429. CERTIFICATION AND FILING:
The report, approved pursuant to Sections 9-419 through 9-429, together with the certificate of the Clerk as to the fact and date of approval by the Council, shall be delivered to the County Auditor at or before the time the City Council fixes the general City tax rate for the fiscal year.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-430. BENEFIT ASSESSMENTS — POSTING:
The County Auditor shall post to the County tax roll, in a column provided therefor, the total amount of the benefit assessment to be levied and collected for said year on each lot or parcel of land within the assessment district, as provided in said report.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-431. COLLECTION METHOD:
Said benefit assessments shall be levied and collected upon the tax rolls upon which general City taxes are collected. They shall be in addition to all other taxes levied for City purposes, and shall be levied, entered and collected together with, and not separate from, City taxes, and enforced in the same manner and by the same persons and at the same time, and with the same penalties and interest, as are other taxes for City purposes, and all laws applicable to the levy, collection and enforcement of taxes for City purposes are applicable to the levy, collection and enforcement of taxes for City purposes are applicable to said special assessment levy, and the assessed real property, if sold by operation of law for taxes, shall be subject to redemption within one (1) year from the date of sale in the same manner as property is redeemed from the sale for City taxes and if not redeemed shall in like manner pass to the purchaser.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-432. ADVANCE OF FUNDS:
The Council may annually, at, or prior to, the time the levy is made, or at such other time as it determines, advance as a loan or contribution to the redemption fund of said bonds such amount or amounts as it may from time to time determine.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-433. PROCEDURE:
Except as in this Article otherwise provided, all of the provisions of Article 5 of this Division shall apply.
(Added by Ordinance 2640-C.S. — Effective April 10, 1975)
Stockton, CA 
