Municipal Code, Complete - City of Santa Barbara

10.70.960 Assessment Levy for Unsold Bonds; Use of Proceeds.
Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code of the State of California
shall apply to bonds issued pursuant to this chapter, except that the proceeds referred to in Section 5404 of the
Government Code shall be used only for some purpose which is of special benefit to the district, including, but not
limited to, the payment of or reimbursement for such of the costs and expenses shown in the report as have already
been paid or incurred for the benefit of the district and which could have been included in determining the amount of
bonds to be issued, or the payment of principal of or interest on bonds previously issued on behalf of the district.
(Ord. 4062, 1980.)
10.70.970 Levy of Assessments Without Bond Issuance.
Whenever the proceedings for the formation of the district and levy of special assessments have been conducted
on the basis that bonds are not to be issued, annual special assessments may be levied and collected in the amounts,
and in the manner provided in sections 10.70.980 to 10.70.990, inclusive. (Ord. 4062, 1980.)
10.70.980 Council Resolution.
The Council shall adopt a resolution providing for the levy of special assessments over a period of years without
bonds. The resolution shall provide for and set forth:
a) The total principal amount of special assessments to be collected;
b) The total number of years during which the special assessment is to be levied, the amounts of principal to be
collected each year and the interest rate to be applied to the unpaid principal balances and collected;
c) The establishment and maintenance of special funds into which the proceeds of special assessments shall be
paid in order to accomplish the purposes of the proceedings;
d) Procedures for collection of special assessments and the interest thereon pursuant to this chapter; and
e) Any other matters deemed necessary to accomplish the collection of the full amount of the total special
assessment with interest over a period of years in the manner herein set forth. (Ord. 4062, 1980.)
10.70.990 Levy and Collection Procedures.
The annual principal payments on the special assessments and the interest on the unpaid principal thereof, as set
forth in the resolution adopted pursuant to section 10.70.980, together with such additional amounts as are required
for maintenance and operation of the parking places, shall be levied and collected annually in the manner set forth in
sections 10.70.690 to 10.70.890, inclusive, with suitable changes to accommodate the fact that no bonds have been
issued. All of the provisions of sections 10.70.900 to 10.70.950, inclusive, except insofar as they relate to bonds,
shall apply to special assessments collected under this article. (Ord. 4062, 1980.)
10.70.1000 Constitutionality.
If any article, section, subsection, sentence, clause, phrase or word of this chapter is held to be unconstitutional or
invalid, such decision shall not affect the remaining portions of this chapter. The Council hereby declares that it
would have adopted and passed this chapter and each article, section, sub-section, sentence, clause, phrase and word
hereof, irrespective of the fact that any one or more of other articles, sections, subsection, sentences, clauses, phrases
or words hereof be declared invalid or unconstitutional. (Ord. 4062, 1980.)
10.70.1010 Waiver.
All objections not made within the time and manner provided are waived. (Ord. 4062, 1980.)
10.70.1020 Orders Final.
All decisions and determinations of the Council upon notice and hearing, shall be final and conclusive upon all
persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided,
or which might have been remedied and as to illegalities not amounting to a want of due process of law. (Ord. 4062,
1980.)
10.70.1030 Liberally Construed.
This chapter shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality,
omission or illegality, and no neglect or omission of any officer, in any procedure taken here-under, which does not
directly affect the constitutional jurisdiction of the Council to order the work or improvement, shall void or invalidate
such proceeding or any special assessment, or charge for the cost of any work or acquisition or service hereunder.
The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council in accordance
with the provisions hereof. (Ord. 4062, 1980.)
270-14 rev. 12/31/95