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Municipal Code, Complete - City of Santa Barbara

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10.70.430 Certified Copies <strong>of</strong> Resolution; Filing; Limitation <strong>of</strong> Actions to Contest Validity <strong>of</strong> District.<br />

A certified copy <strong>of</strong> the resolution which declares that the district is formed shall be filed in the <strong>of</strong>fice <strong>of</strong> the <strong>City</strong><br />

Clerk. (Ord. 4062, 1980.)<br />

10.70.440 Limitation <strong>of</strong> Actions.<br />

No action, proceeding or defense to correct, set aside, cancel, avoid, annul or otherwise attack any proceedings<br />

under this chapter up to and including the adoption <strong>of</strong> the resolution declaring the district formed shall be maintained<br />

by any person unless such action, proceeding or defense is commenced or made within the 30-day period prescribed<br />

by section 329.5 <strong>of</strong> the <strong>Code</strong> <strong>of</strong> Civil Procedure <strong>of</strong> the State <strong>of</strong> California. The special assessment is levied within the<br />

meaning <strong>of</strong> said section upon the date <strong>of</strong> adoption <strong>of</strong> such resolution. No action, proceeding or defense to correct, set<br />

aside, cancel, avoid, annul or otherwise attack any proceedings under this chapter taken subsequent to the date <strong>of</strong><br />

adoption <strong>of</strong> said resolution shall be maintained by any person unless such action, proceeding or defense is<br />

commenced or made within thirty (30) days after the conclusion <strong>of</strong> such proceedings. (Ord. 4062, 1980.)<br />

10.70.450 Validating Proceedings.<br />

An action to determine the validity <strong>of</strong> the district and <strong>of</strong> the proceedings conducted in connection therewith<br />

pursuant to this chapter may be brought pursuant to chapter 9 (commencing with section 860) <strong>of</strong> Title 10 <strong>of</strong> Part 2 <strong>of</strong><br />

the <strong>Code</strong> <strong>of</strong> Civil Procedure <strong>of</strong> the State <strong>of</strong> California. For such purposes, the district shall be deemed to be in<br />

existence upon the date <strong>of</strong> adoption <strong>of</strong> the resolution declaring the district formed. (Ord. 4062, 1980.)<br />

10.70.460 Modification <strong>of</strong> Proposed Acquisitions and Improvements, Notice and Hearing; Determination<br />

Required.<br />

If at any time either before or after issuing bonds, the Council so determines, it may at one time or from time to<br />

time add to, eliminate, change or otherwise modify any <strong>of</strong> the proposed acquisitions and improvements after notice<br />

and hearing in the same manner as provided in sections 10.70.340 to 10.70.390, inclusive. The action to order such<br />

addition, elimination, change or modification may be taken by majority vote <strong>of</strong> the Council. No such addition,<br />

elimination, change or modification shall be made unless following such hearing the Council shall determine that all<br />

<strong>of</strong> the territory within the district as originally formed or as changed pursuant to sections 10.70.340 to 10.70.390,<br />

inclusive, as the case may be, will be benefited by the acquisitions and improvements remaining after such addition,<br />

elimination, change or modification. No such addition, elimination, change or modification shall be made in<br />

violation <strong>of</strong> the provisions <strong>of</strong> any resolution providing for bonds already issued. (Ord. 4062, 1980.)<br />

10.70.470 Additional Bonds.<br />

If at any time the Council finds that the proceeds <strong>of</strong> the bonds first issued will be insufficient to make all <strong>of</strong> the<br />

acquisitions and improvements described in the resolution approving the project and to pay the additional items<br />

specified in the report may, at one time or from time to time, issue additional bonds to the extent permitted by the<br />

provisions, conditions and covenants contained in the resolution providing for the issuance <strong>of</strong> any bonds previously<br />

issued. (Ord. 4062, 1980.)<br />

10.70.480 Change <strong>of</strong> District Boundaries; Notice; Hearing; Determination Required; Resolution.<br />

At any time prior to the issuance <strong>of</strong> bonds, the Council may change the boundaries <strong>of</strong> the district after notice and<br />

hearing in the same manner as provided in sections 10.70.340 to 10.70.390, inclusive, but no such change shall be<br />

made unless following such hearing the Council shall determine that all <strong>of</strong> the territory within the district as changed<br />

will be benefited by the acquisitions and improvements originally ordered or the acquisitions and improvements as<br />

changed pursuant to section 10.70.460, as the case may be. Any such change in boundaries shall be effected by a<br />

resolution amending the resolution declaring the district formed. Proceedings under this section may be combined<br />

with proceedings under section 10.70.460. (Ord. 4062, 1980.)<br />

10.70.490 Definitions.<br />

As used in this article (comprising sections 10.70.490 to 10.70.550, inclusive), the following terms have the<br />

following meanings, unless otherwise indicated:<br />

1) "Assessment" means a levy on businesses for the purpose <strong>of</strong> obtaining funds to pay principal and interest on<br />

bonds issued pursuant to article VI (comprising sections 10.70.640 to 10.70.680, inclusive), or otherwise to pay the<br />

cost <strong>of</strong> acquiring or constructing parking places under this chapter.<br />

2) "Charge" means a levy on businesses for the purpose <strong>of</strong> paying the annual cost <strong>of</strong> maintenance and operation<br />

<strong>of</strong> parking places acquired or constructed pursuant to this chapter.<br />

270-6 rev. 12/31/95

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