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HomeMy WebLinkAboutOrdinance 2119 N.C.S. 08/09/2001ORDINANCE NO. 2119 N.C.S. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Introduced by: Matt Maguire Seconded by: Mike 0' Brien AN ORDINANCE OF T1FIE CITY COUNCIL OF THE CITY OF PETALUMA, STATE OF CALIFORNIA, AMENDING THE PETALUMA MUNICIPAL CODE BY ADDING CHAPTER 4.40 TO TITLE 4 THEREOF PROVIDING FOR THE CITY OF PETALUMA SPECIAL TAX PROCEDURE CODE, INCLUDING GENERAL PROVISIONS AND DEFINITIONS, POWERS AND PROCEDURES FOR THE PURPOSE OF PROVIDING FINANCING FOR SPECIFIED PURPOSES, AND CERTAIN OTHER SUPPLEMENTAL PROVISIONS 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA as 18 follows: 19 20 Section 1. Recitals. The City Council of the City of Petaluma does hereby find, 21 determine and declare that: 22 23 (a) the City of Petaluma (the "City") is a municipal corporation and charter 24 city duly organized and existing under a charter pursuant to which the City has the right 25 and power to make and enforce all laws and regulations in respect to municipal affairs 26 and certain other matters in accordance with and as more particularly provided in 27 Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and the 28 Charter of the City (the "Charter"); and 29 30 (b) the City Council of the City acting under and pursuant to the powers 31 reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the 32 State of California and the Charter, finds that the public interest and necessity require the 33 establishment by this procedural ordinance of a certain procedures relating to the 34 maintenance and maintenance services by the City for the purpose of financing such 35 maintenance and maintenance services as specified herein. 36 Ord. 2119 NCS Page 1 of 10 1 In the event any portion of this Code shall be declared illegal, unenforceable, or 2 unconstitutional, such provision shall be deemed severable from the rest of the provisions of this 3 Code. 4 5 Section 4.40.040. Actions or Determinations; Proceedings. The City Council may 6 take any actions or make any determinations which it determines are necessary or convenient to 7 carry out the purposes of this Code and which are not otherwise prohibited bylaw. 8 9 Section 4.40.050. Purpose and Intent. The purpose and intent of this chapter is to 10 establish a method whereby the facilities described in Section 4.40.170 (a) hereof may be 11 constructed, installed and/or maintained, and whereby the costs thereof may be specially taxed to 12 property; and to establish a procedure whereby such special taxes may be collected. 13 14 Section 4.40.060. Compliance with Chapter. Any proceedings taken or assessment 15 levied pursuant to this chapter shall not be held invalid for failure to comply with the provisions 16 of this chapter provided such failure is not a constitutional defect. 17 18 Section 4.40.070. Necessary or Convenient Procedure Authorized. Any procedure 19 not expressly set forth in this chapter but deemed necessary or convenient to carry out any of its 20 purposes is authorized. 21 22 Section 4.40.080. Nonexclusiveness of Remedies. The remedies provided in this 23 chapter for the enforcement of any assessment levied pursuant to this chapter are not exclusive, 24 and additional remedies may be provided at any time. 25 26 Section 4.40.090. Abandonment of Proceedings. Proceedings under this chapter may 27 be abandoned at any time prior to the levy of special taxes. 28 29 Section 4.40.100. Effect ilpon ®ther l.aw. This chapter does not affect other law 30 relating to the same or any similar subject, but provides an alternative authority and procedure for -3- Ord. 2119 NCS Page 3 of 10 1 the subject to which it relates. When proceeding under this chapter, its provisions only need be 2 followed. 3 4 Section 4.40.110. Construction. This chapter is to be liberally construed. 5 6 Section 4.40.120. Compliance. Any proceedings taken or special tax levied pursuant to 7 this chapter shall not be held invalid for failure to comply with the provisions of this Division. 8 provided such failure is not a constitutional defect. 9 10 Section 4.40.130. Special 'T'axes; Incorporation of the Mello-Roos Community 11 Facilities Act of 1982. The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, 12 commencing with Section 53311 of Part 1, Division 2, Title S of the California Government 13 Code) (the "Act"), as amended. from time to time, is incorporated in and made a part of this 14 chapter. Except as otherwise provided by this chapter, the mode and manner of making facilities 15 and for levying and collecting special taxes shall be as prescribed in the Act. It is hereby 16 specifically provided that in proceedings under this chapter exclusively for maintenance and/or 17 services, the provisions of Section 53312.7 of the Act, relating to goals and policies, shall not 18 apply. 19 20 Section 4.40.140. Authority Applicable. Proceedings under this chapter shall be 21 conducted under the authority contained in Section 4.40.130 for special taxes, which authority 22 shall be designated in the resolution of intention for such proceedings. 23 24 Section 4.40.150. Alteration of Boundaries. The boundaries of any district created 25 under this chapter may be altered from time to time in the manner provided in the designated 26 authority or as otherwise may be provided by the Council in the resolution initiating proceedings 27 for any such alteration. 28 29 Section 4.40.160. Name and Nature. The name of any district created under this chapter 30 shall be substantially as follows: "City of Petaluma, Special Tax District No. ()." A -4- Ord. 2119 NCS Page 4 of 10 1 district created hereunder shall be deemed to be a financing district and not separate 2 governmental agency, distinct from the City. 3 4 Section 4.40.170. Definitions. 5 6 (a) Under this chapter, the term "facilities" shall include the installation, 7 construction, planting and/or acquisition of any public or private (1) landscaping, 8 including trees, shrubs, flowers, groundcover, grass or other ornamental and/or erosion 9 control or privacy or buffer vegetation, irrigation systems and controls, statuary, 10 fountains, water features or other ornamental structures, fencing, soundwalls or other 11 barriers, lighting facilities and related signage (2) streets, including any street, highway, 12 road, alley, lane, boulevard, pedestrian mall, parkway, bicycle or pedestrian path, trail, 13 gutters, sidewalks with or without curbs and gutters, or other way dedicated to or used for 14 travel and all appurtenances including medians, soundwalls, traffic signals and warning 15 devices, street signs and street lights; (3) parks, including recreational facilities, play 16 fields, park or recreation administrative or neighborhood community center facilities, 17 open space, hiking trails and access points; (4) sewer facilities, including drains, tunnels, 18 sewers, conduits, culverts, and channels for drainage purposes; with necessary outlets, 19 manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, 20 ditches, drains, conduits, channels, treated effluent dispersal sites and appurtenances; (5) 21 flood control and storm drainage facilities, including, pipes, mains, channels, weirs, 22 bulkheads, retention and detention basins, drop inlets, headwalls, dikes, levees, rip rap, 23 vegetation and appurtenances; and (6) riparian habitat, including stream beds, vegetation 24 and related features. 25 26 (b) Under this chapter, the term "incidental expenses" shall include, together 27 with any and all costs incidental to the creation of the district or any annexation thereto, 28 including costs of reports, publications, notices, City staff, engineers attorneys, special tax 29 consultants and other required consultants, planning, designing, constructing or acquiring 30 the facilities, including any environmental evaluations and all costs and expenses incurred 31 in connection with the administration of a district created pursuant to this chapter or with -5- Ord. 2119 NCS Page 5 of 10 1 the enforcement of the duty of a property owner pursuant to this Code to maintain or 2 repair any improvement, including but not limited to compensation of any attorney and/or 3 consultant employed to render services in connection with such district or such 4 enforcement proceedings. 5 6 (c) Under this chapter, "services" shall include the repair, replacement or 7 removal of any improvement, providing for the life, growth health and beauty of 8 landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating 9 for disease or injury, removal of debris, rubbish, trimmings, or other solid waste, 10 cleaning, sandblasting and painting of walls or other facilities to remove graffiti ,whether 11 or not benefit assessments are utilized, any of which items may be necessary and/or 12 convenient for the care and preservation of the facilities described in Section 4.40.170 (a) 13 above, including, without limitation, any related studies, testing, monitoring, weed 14 abatement, riparian habitat restoration and/or preservation, dredging, desiltation and the 15 removal of or remedial action for the cleanup of any hazardous substance released or 16 threatened to be released into the environment in or near any improvement. 17 18 Section 4.40.180. hearings. Any required hearing may be held not sooner than 15 days 19 from the date of the resolution ordering such hearing, upon not less than five days published 20 notice. Any published notice shall be sufficient if published one time in a newspaper of general 21 circulation within the City. Any notice of hearing to be published may be in summary form with 22 reference to documents on file in the office of the City Clerk for further information. Any hearing 23 may be continued from time to time without further notice, but. shall be completed within one 24 year of the original hearing date. 25 26 Section 4.40.190. Installment bevy and Collection of Special 'faxes. The City may, 27 by resolution, determine that the estimated cost of the maintenance of any improvement 28 authorized under this chapter is greater than can be conveniently raised from the single 29 installment or imposition and order that the estimated cost shall be raised by an assessment or 30 special tax levied and collected in installments over such period of time as may be set forth in 31 that resolution. Special taxes may be collected upon the County tax roll or in any other suitable -6- Ord. 2119 NCS Page 6 of 10 1 manner prescribed by resolution of the Council adopted during or after the proceedings, 2 including direct billing to property owners or otherwise. 3 4 Section 4.40.200. Relief from Payment. The Council may provide, by resolution, for 5 relief from current special tax payments by senior citizens; persons and families of low-income 6 or other classes of persons reasonably entitled, in the judgment of the Council, to such relief, by 7 deferred payment until such time as the property is sold to persons not within the protected class, 8 or otherwise. 9 10 Section 4.40.210. Limitation of Actions. The validity of any initial assessment levied 11 under this Ordinance shall not be contested in any action or proceedings, unless the action or 12 proceeding is commenced within 30 days after any special tax is levied. The validity of any 13 special tax levied after the first special tax may be contested only for the purpose of challenging 14 the accuracy of computation of the component elements of the special tax formula or the validity 15 of any change in the special tax formula made under Section 4.40.140. Any appeal from a final. 16 judgment in the action or proceeding shall be perfected within 30 days after the entry of 17 judgment. 18 19 Section 4.40.220. Appeals Procedures. The Council may provide by separate resolution 20 such appeals procedures as it may deem appropriate to facilitate the levy acid enforcement of the 21 assessments. Such procedures may provide for the appeal of confirmed assessments to the 22 Director of Public Works or other official of the City responsible for the collection of special 23 taxes and grounds upon and times within such appeals must be made. There shall be no appeal 24 from the decision of the appointed official and the perfection of such an appeal shall be a 25 precondition to maintaining any action under Section 4.40.210 hereof. 26 27 Section 4.40.230. Extra Territorial Jurisdiction. Special tax districts may be created 28 under this chapter within the territorial jurisdiction of the City, or upon compliance with the 29 procedures set forth in Section 5115 through 5118 of Chapter 2 of Part 3 of Division 7 of the 30 Streets. and Highways Code, may extend beyond the territorial limits of the City. 31 -7- Ord. 2119 NCS Page 7 of 10 1 Section 4.40.240. Joint Community )Facilities Agreements. Any agreement by and 2 between the City and another public agency for the financing, ownership and/or operation and/or 3 maintenance of any facility or the provision of any service may be entered into at any time at the 4 determination of the City Council. 5 6 Section 4.40.250. Qualified Electors. For purposes of any property-owner voter 7 election, a public agency as owner of property, whether or not such property is leased, shall be 8 deemed a qualified elector and entitled to vote. For purposes of determining electors, any 9 property used primarily for hotel or residential hotel purposes shall be deemed a commercial and 10 anon-residential use. 11 12 Section 4.40.260. Elections. For purposes of any election herein, the unless otherwise 13 waived by unanimous action of all qualified electors, the time for the conduct of the election 14 shall be not less than 30 nor more than 120 days from the adoption of the Resolution of 15 Formation or other resolution ordering such election. For purposes of any such election, the City 16 Clerk shall. be the election official responsible for conducting and canvassing such election. 17 18 Section 4.40.270. Special T'ax ®rdinance. The special tax ordinance may direct the 19 Finance Director or other official of the City to annually prepare for and collect the special taxes 20 according to the approved method of special tax apportionment without further annual action by 21 the Council, unless an increase in the maximum tax or other alteration of such method of 22 apportionment is sought. 23 24 Section 4.40.280. Special Provisions for Leases. 25 26 (a) If a public agency owning property, including property held in trust for any 27 beneficiary, which is otherwise exempt from a special tax grants a leasehold or other 28 possessory interest in the property to a nonexempt person or entity, the special tax shall 29 be levied on the leasehold or possessory interest and shall be payable by the owner of the 30 leasehold or possessory interest. 31 -8- Ord. 2119 NCS Page 8 of 10 t. 1 (b) When entering into a lease or other written contract creating a possessory 2 interest that may be subject to taxation, pursuant to Subsection (a) of this Section, the 3 public agency shall include, or cause to be included, in the contract a statement that the 4 property interest may be subject to special taxation pursuant to this chapter, and that the 5 party in whom the possessory interest is vested may be subject to the payment of special 6 taxes levied on the interest. Failure to comply with the requirements of this section shall 7 not, however, invalidate the contract. 8 9 (c) If the special tax on any possessory interest levied pursuant to Subsection (a) of this 10 section is unpaid when due, the tax collector may use those collection procedures which are 11 available for the collection of assessments on the unsecured roll. 12 13 Section 4.40.290. Refunding Bonds; iJse of Savings. Bonds may be issued hereunder 14 to refund any outstanding assessment bonds, whether fixed lien bonds or any other improvement 15 or assessment bonds, including ad valorem assessment bonds. Any savings achieved through the 16 issuance of refunding bonds may be used by the City in any manner that it determines to be in the 17 best financial interests of the City. 18 19 Section 3. Severability. If any section, subsection, sentence, clause or phrase or word 20 of this ordinance is for any reason held to be unconstitutional by a court of competent 21 jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 22 The City Council of the City of Petaluma hereby declares that it would have passed and adopted 23 this ordinance and each and all provisions thereof irrespective of the fact that any one or more of 24 said provisions be declared unconstitutional. 25 26 Section 4. Effective Date. This ordinance shall become effective and be in full force 27 and effect from and after the expiration of thirty (30) days from the date of its final passage. 28 29 ********~***** 30 -9- Ord. 2119 NCS Page 9 of 10 INTRODUCED and ordered posted/published this 9th day of August, 2001. ADOPTED this 20th day of August 2001, by the following vote: AYES: Torliatt, Maguire, Moynihan, Vice Mayor Cader-Thompson, Mayor Thompson NOES: None ABSENT: O'Brien, Healy ABSTAIN: None Mayor ATTEST: Interim City Clerk Ord. 2119 NCS Page 10 of 10 APPROVED AS TO FORM: