Loading...
HomeMy WebLinkAboutCOM 0339.001 2000-2002 I1v~ROVEle~lvTS 13Y ASSESSA~IENTS § 12-56 Section 12-56. Bonds not chargeable against general revenaae. No improvement bonds issued under-the provisions of this chapter shall be considered as County bonds within the meaning of section 248-5, 1-lawaia Revised Statutes, nor shall the payment of same be a charge against the general revenues of the County. (1975 C.C., c. 16, art. 5, sec. 7; Aan. 1974, Ord. No. 37, sec. 9, pg. 12; Am. 1984, Ord. No. 84-4, sec. 3.) Section 12-57. Errors in computation of aaraoaant -dace. No improvement bond, coupon, assessment or installation thereof or of the interest or penalties thereon, or certificate of sale or deed- shall be held invalid for any error in the computation of the proper amount due on the same, if the error is found to be comparatively negligible. (1974, Ord. No. 37, sec. 10, pg. 12; Am. 1984, Ord. No. 84-4, sec. 3.) , 1~~.- r-.-~•.- - article 5. Refaandang. ~ ~nc~a Section 12-55. Refaanding aaathorized. The council may provide for the refunding of the outstanding indebtedness of improvement districts located within the County in the manager provided in this article. (1975 C.C., c. 16, art. 6, sec. 1.) Section 12-59. Initiation of refiandang. (a) The owners of real property in any itrgprovement district whose property represents seventy-five percent or more of the outstanding improvement assessments at the time of the filing of the petition shall, of it is desired that the indebtedness of the district be refunded, file with the council a petition, which petition shall set forth the indebtedness of the district, fleet it is desired that the indebtedness be refunded, and the proposed method of refunding-the outstanding indebtedtess. (b) The council shall thereupon, by resolution requfrang not- more than one reading for its adoption, direct the chief engineer to investigate and report to the council: (1) The mount of unpaid assessments -and the ,property subject to the assessment in the improvement district; (2) The detail of any delinquent assessments and of any unpaid penalties; (3) Whether the-petitioners own real estate representing seventy-five percent or more of the unpaid assessments in the distract; {4) The proposed method of reassessment of the lands subject to existing assessments; (5) .4 new assessment roll showing the proposed new assessments; (6) 'The cost of the proposed refunding scheme; and (7) Other details which may be necessary to carry into effect the proposed refunding project. (c) The report of the chief engineer shall be filed with the council. Within seven days after the filing of the chief engiageer's report, -the petitioners shall deposit with the director of finance a sum sufficient to meet the cost. of the refundaagg project as reported by :the chief engineer. (d) Thereafter the council .shall, by resohataon requiring one reading for its adoption, propose tlge adoption of the suggested refunding plan specifying: (1) The outstanding indebtedness off the district; (2) That:the owners of land representing not less-than seventy-five percent of the unpaid improvement assessments have petitioned that -the outstanding indebtedness of the district be refgnded; (3) 'The proposed refunding plan in ,detail; and (4) The proposed method of reassessment, including the minimum number of installment payments to be proposed, and the maximum estimated unit of assessment. The resolution shall refer to and incorporate by reference the preliminary assessment roll and such other data reported by the chief engineer as shall be approved by the council. The resolution shall also Coxram. No. ~ . 12-29 File No. Ref. t'o~~'~~t a . Ref. Tate ~~r. ~ l~ § 12-59 - I-~AwAII COUNTY CODE fix the date of public hearing upon such plan, which date shall not be less than fifteen days after the first publication of notice thereof th a newspaper of general circulation th the County. (e) After the adoption of the resolution, the clerk shall cause a notice of the public hearing to be published as provided in section 12-10, giving notice generally to all owners, lessees and occupants of the land still under assessment in the improvement district, and to all others interested in the general detail of the proposed refunding plan, stating the time and place of the public hearing and where the resolution, preliminary assessment roll and other data may be seen and examined prior to the hearing. Like notices shall be posted in three of the most conspicuous places th the improvement district for which the outstanding bonds are issued, Affidavits of publication, both in the newspaper and of the posting, respectively, shall be filed with the council at the: hearing. (1975 C.C., c. 16, art. 6, sec. 2.) Section 1260. protest refunding. (a) Any owner of property, the assessments on which to pay the outstanding indebtedness have not been fully discharged, may at any time prior to or at the public hearing, file iae writing with the council any protest, oblect~on or suggesteon as to the proposed refundmg measure, stating briefly the reason therefor, or may present the same in person orally at the public hearing. If the owners of real property representing thirty percent or more of the outstanding improvement assessments shall at the hearing, or prior thereto, file with the council written protests duly acknowledged by the owners against the proposed refunding project, or against any past of the refunding plan, the refunding shall not be made contrary to protest. If the protest is against the adoption of any refundang plan, the. plan shall not be €nade, and the proceedings;shall not be renewed within -one year from the date of closing the public hearing, unless each owner protesting shall sooner withdraw the protest. (b) Any lessee of any property to be assessed under this chapter who by the express terms of his lease must pay the kind of ~.ssessments contemplated by this chapter shall be subrogated to all flee rights of the owner to protest by filing with the councit prior to or at the hearing a certified copy of-his lease, together with a citation of the book and page of the public record of the lease if it is recorded,. pr®vided, that any lessor or any owner of property to be assessed may, at any time before the closing of the public hearing, make void the protest or the right of protest of any; lessee of the property on consideration of filing with the council a duly acknowledged waiver of the stipulation in the lease which: required the lessec to pay the special assessment, and a written undertaking by the lessor or owner to pay the special assessment to be made under the proposed 'improvement. The council shall also at the- hearing sit as a board of equalization to receive complaints or objections respecting the total amounts of the proposed assessments. (1975 C.C., c. 16, art. 6, sec. 3.) Bastion 12-61. ~ ataon by coaan~. (a) After the :hearing, the council shall consider-any .protests or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon the proposed refunding plan. If the council. has jurisdiction to continue, it-shall -then proceed to determine whether or not the refunding plan shall be adopted as proposed, or adopted with modifications. In the latter event the clerk shall be directed to give notice again of the hearing- as provided in section 12-59. (b) If after such initial and further advertisement and: hearing the council: determines to proceed with the refunding measure, it shall, by ordinance requiring not more than one reading for its adoption, promul- gate the refunding measure. Should the refunding project provide for the issuance of new bonds in the improvement district, the ordinance shall provide for the form of new bonds to be issued, approve of the assessment roll, and incorporate the assessment rill by reference. The assessment roll, as provided in section 12-26 shill contain only the names of the property owners who have not fully paid the assessments originally provided for the payment of the outstanding improvement bonds and -shall provide ' 12-30 . I~ROV~~tvz'S ~Y AssESSMENTS § 12-b1 for the levying of new assessments in amounts sufficient to retire the refunding bonds to be issued pursuant to the terms hereof. (c) After the fusel enactment of the ordinance, the amounts of the several assessments listed, advertised or incorporated, not previously objected to, shall conclusively be presumed to be just and equitable and not in excess of the special benefits accniing or to accrue by reason of the original improvement project. Upon fmal passage of the ordinance as provided above, all assessments therein made shall be a lien in the same manner and to the same extent as provided in section 12-32; provided, that in no case shall this new assessment constitute a lien on property which has been discharged from the payment of the original assessment. (1975 C.C., c. 16, art. 6, sec. 4.) Section 12-62. Refunding bonds. (a) Improvement bonds issued for the refunding of the outstanding indebtedness of any improvement district shall beaz the name of the improvement district for which they are issued, and shall be issued and sold under all the conditions and terms as prescribed by article 4 of this chapter, except as otherwise prescribed th this chapter. (b) A lower rate of interest than that authorized th the original issue of improvement bonds may be prescribed and the refunding bonds may be authorized to run for a term not to exceed fifteen years from the final maturity date of the outstanding bonds. (1975 C.C., c. 16, art. 6, sec. 5; Am. 1984, Ord. No. 84-4, sec. Section 12-63. Petition by all owwners. If the petition is filed and acknowledged by the owners of land representing one hundred percent of the unpaid assessments in any improvement district, and by all lessees of any property to be assessed, who, by the express terms of their respective leases must pay the kind of assessments contemplated by this article, unless the lessor of such lease files with the petition a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay such special assessments, and a written undertaking by the lessor or owner to pay the special assessments to be made under the proposed refunding plan, then the council upon the payment to the director of finance of the cost of the refunding plan, as estimated by the chief engineer, shall proceed as provided above to have a hearing on the proposed new method of assessment and the assessment roll; provided that in case the owners of land representing one hundred percent of the unpaid assessment as provided in this section consent, in writing, to the amount and apportionment of the proposed assessments under the refunding plan, it shall be unnecessary to give the notice or to hold any of the hearings specified above and the council may immediately proceed to fix the assessment th the manner provided. (1975 C.C., c. 16, art. 6, sec. 6.) Section 12-64. Cancellation of retired bonds. Should the refunding project provide for the retirement of the outstanding bonds of the improvement district, the director of finance shall stamp the retired bonds "canceled" and shall keep such canceled bonds in his possession. (1975 C.C., c. 16, art. 6, sec. 7.) Section 12-65. ®blagations unimpaired. Nothing in this article shall be construed as giving the council or any improvement district authority to impair the obligations of the improvement district under any outstanding improvement district bonds. (1975 C.C., c. 16, art. 6, sec. 8.) 12-31