HomeMy WebLinkAboutMINUTES - 04191994 - 1.92 TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator _ 'Costa
nt�
County
7••. .yam
DATE: April 13, 1994 arra coUN �r
SUBJECT: LEGISLATION: SB 1448 (Roberti, et al)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT for SB 1448 by Senator Roberti and 15
co-authors ( including Senator Nicholas Petris and Assemblyman Tom
Bates) , which would allow any board of supervisors to establish a
assessment district and impose a benefit assessment for library
services, but only with a vote of the people.
BACKGROUND:
In 1993, Senator Roberti got a bill which was nearly identical to
SB 1448 out of the Legislature, only to have it vetoed by the
Governor, at least in part because it did not contain an absolute
requirement for a vote by the people. This same condition was
placed by the Board of Supervisors on its support 6f this
legislation (SB 566) .
SB 1448, as amended April 5., 1994, is nearly identical to SB 566,
except that it does require a vote of the people if protests are
submitted which represent less than 50% of the proposed assessment.
If protests representing more than 50% of the proposed assessment
are submitted, the proposed assessment district must be abandoned.
In view of the Board' s past and current support for the funding of
the County Library, and in view of the Board' s past support for
similar legislation providing that it contained a provision
allowing the Board of Supervisors to place the matter on the ballot
for voter approval, it appears appropriate for the Board of
Supervisors to indicate its support for AB 1448 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONApril i APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED Aj:�r l l 19 , 1 9 9 4
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Auditor-Controller SUPERVIS S AND COUNTY ADMINISTRATOR
County Librarian
County CounselV
Les Spahnn, Heim, Noack & Spahnn BY DEPUTY
I
AMENDED IN SENATE APRIL 5, 1994
SENATE BILL No. 1448
Introduced by Senators Roberti, Calderon, Dills, Hughes,
Marks, McCorquodale, Petris, and Watson
(Principal coauthor: Senator Thompson)
a (Coauthors: Assembly Members Areias, Bates, Bornstein,
` Cortese, Eastin, TerryFriedman, Karnette, and Solis)
)
February .10, 1994
t
4 An act to add Chapter 7. (commencing with Section 54800)
to Part 1 of Division 2 of Title 5 of the Government Code,
:€ relating to library benefit assessments, -and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1448, as amended, Roberti. . Library services
assessments.
Existing law establishes procedures for the imposition of
assessments on real property to fund capital improvements,
facilities, and services benefiting the-property against which
the assessment is imposed.
This bill would permit any.local agency, as defined, that
provides public library services to establish, by resolution or
ordinance, after notice and hearing, an assessment. district
and to determine and levy an annual assessment .for library
services pursuant to procedures prescribed by this bill,
including a required election.
The bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no. `
98 80
SB 1448 —2 —
The
2 —
The people of the State of California do enact as follows:
1 SECTION I. Chapter 7 (commencing with Section
2 54800) is added to.Part 1 of Division 2 of Title 5 of the
3 Government Code, to read as follows:
4
5 CHAPTER 7. LIBRARY SERVICES ASSESSMENTS
6
l
7 Article "1. General Provisions
8
9 54800. The Legislature finds and declares that it is in
10 the interest of the public that there be public libraries,
11 that public libraries are necessary to reduce illiteracy.,
12 supplement the formal system of public education and
13 provide. after-school opportunities for children and
14 adolescents, provide a resource for lifelong learning,
15 foster cultural diversity, promote economic growth, and
16 improve the conduct of business and the development of
17 research.
18 The Legislature also finds and declares that it is in the
19 public interest to allow local agencies to finance public
20 library services through the imposition of an assessment
21 upon the property that benefits, from those services.
22 The . Legislature further finds and - declares that
23 assessments imposed for the purpose of providing library
24 services benefit individual properties and are not taxes
25 for'the general benefit of the governmental entity, but
26 are_ assessments for services that confer special benefits
' K
. 27 upon the properties to which the services are provided.
28 54801. Any local agency that provides public library
29 services, including, but not limited to, county free library
30 services, may, by ordinance or resolution adopted after
31 notice and hearing, establish an assessment district and
32 determine and levy an annual assessment for library
33 services pursuant to this chapter. The local agency may
34 provide those services directly or by contract with the
35 state or a local agency or by a contract provider.
36 The assessment may be made for the purpose of paying
37 the costs of providing library services, including, but not
38 limited to, amounts payable pursuant to a contract with
98 110
-3 — SB 1448
1 an entity actually providing the services, and the salaries
2 and benefits of library personnel and for the purpose of
ion 3 paying the principal and interest on indebtedness
the 4 incurred pursuant to this chapter.
5 The assessment district may include and the
6 assessment may be , levied against any parcel,
7 improvement or use of property to which library services
8 may be made available, whether or not those services are
` 9 actually used. No parcel shall be subject to assessment by
10 more than one assessment district established pursuant to
S.. 11 this chapter.
In
ies, 12 54802. As used in this chapter:
icy 13 (a) "Bonds" means bonds, notes, or other evidences of
and 14 indebtedness.
and 15 (b) "Legislative body. means the board of directors,
16 trustees,, governors, supervisors, city council, or other
�d 17 . governing body of a local agency.
.t of 18 (c) "Local agency"means any county, city, or city and
19 county, whether general law or chartered, or special
the 20 district or any joint powers authority composed of any of
blit 21 . those entities and formed primarily for the purpose of
.ent 22 providing library services. "Special district" includes a
23 library district organized pursuant to Chapter 3
hat 24 (commencing with Section 18300), Chapter 8
25 (commencing with Section 19400), or Chapter 9
Lxes t=,, 26 (commencing with Section 19600) of Part 11 of the
but 27 Education Code, and .a county service area created
;fits 28 pursuant to the County Service Area Law, Chapter 2.2
led. 29 ' (commencing with Section 25210.1) of Part 2 of Division
•arY 30 2 of Title 3.
•a, 31 (d) "Library services" means all services and facilities
iter 32 provided by a local agency in connection with a library
and 33 open to the public. These services include, but are not
• , 34 limited to, acquiring, constructing, equipping,furnishing,
nay 35 staffing, operating and maintaining real property,
the 36 buildings, equipment, vehicles and other facilities for the
37 conduct of public library programs; providing collection
,ing 38 development and maintenance, lending services,
not 39 information services and programs; acquiring books,
vith 40 magazines, newspapers, audio-visual, electronic,media,
110 98 130
SB 1448 - 4 —
I
4 -1 and other informational materials; providing access to.all ' .
2 available lending materials through direct loan,
3 interlibrary loan,literacy programs, electronic access and
4 other special service programs; providing information,
5 recreation and lifelong learning for all persons; and
6 administrative and indirect costs of providing those
7 services.
8 (e) "Library service area" means that area for which ,€
9- the local agency has estabhshed a library open to the
10 public, including without limitation under the provisions
11 of Chapter 3 (commencing with Section 18300), Chapter
12 .5 (commencing with Section . 18900), Chapter, .6
13 (commencing with Section 19100), Chapter 8
14 (commencing with Section 19400), or Chapter 9
15. (commencing with Section 19600) of Part 11. of the:
-16 Education Code or under the provisions of any city,
17 county, or city and county charter. Further, for a county
18 free library, "library service area" shall include any city
19 or library district which has become a part of the county
20 free library system in accordance with Section 19103 of
21 _the Education Code.
22 (f) "Revenues". means (1) the proceeds of any
23 assessment levied pursuant to this chapter, and (2) the
24 fees, charges, and other revenues of the local agency
25 derived from library services.
26 . 54803. (a) The ordinance or resolution to form the
27 assessment district and to determine and levy the initial
28 annual assessment shall establish a method for
29 apportioning the annual assessment among the
30 properties within the assessment district on the basis of
31 the benefit to individual parcels or classes of property.
32 (b) Determinations of benefit may be based on the use
33 of the property, class of improvement of property,
34 structure size or property size, distance from library
35 services and f sees, and other factors relative to
36 making library services available to the property.
37 (c) The ordinance or resolution shall also do all of the
38 following:
39 (1) Establish the boundaries and designation of the
40 assessment district and any zones or areas of benefit
98 140
I
—5 — SB 1448
to.all 1 within the assessment district.
loan, 2 (2) Describe each lot or parcel of property proposed
Ls and 13 to be subject to the assessment.
ation, 4 (3) Establish the amount of the assessment for each lot
and 5 or parcel for the initial fiscal year.
those 6 (4) Establish the maximum aggregate amount of the
7 annual assessment and the method of providing an
vhich 8 automatic adjustment, if any, to the assessment�or to the
o the 9 maximum assessment.
isions 10 (5) Establish the maximum duration of the
apter 11 assessment,- or state that the assessment may be levied
er .6 12 until terminated by the legislative body.
:r 8 13 (6) If desired, declare the intention of the local agency
er 9 14 to issue bonds pursuant to this chapter.
f the. 15 (7) Set forth a general, functional description of any
city, 16 capital facilities proposed to be financed with the
)unty 17 assessments. The description shall not preclude the use of
V city 18 proceeds of the assessment for other capital facilities not
)unty 19. so described.
.03 of 20 (d) Proceeds of the assessment maybe
21 expended by the local agency to pay any cost or expense
any 22 of the local agency arising under or related to the subject
the 23 matter of this chapter, including, without limitation,
;ency24 administrative costs of 'establishing the assessment
t, 25 'district, including' providing all necessary notices and
a the 26 conducting the election, levying and collecting the
.nitial 27 assessment, and the defense of any action taken by the
for 28 legislative body under this chapter.
the 29 (e) Lots or parcels that are used for agricultural or
Isis of 30 timber production purposes and have the same owner
arty. 31 shall constitute a single parcel of property for assessment
to use 32 purposes except that they may not contain more than one
)erty, 33 habitable dwelling unit. A dwelling unit shall be
brary 34 presumed to be habitable unless contrary evidence
ore to 35 satisfactory to the county assessor has been submitted to.
36 the local agency.
)f the 37 54804. The legislative body may establish zones or
j 38 areas of benefit within the assessment district and may
-f the 39 restrict the imposition of assessments to areas lying
;nefit 40 within one or more of the zones or areas of benefit so
98
140 98 160
SB 1448 —6-
1 established. The assessment apportionment method
2 described in Section 54803 may establish a separate
3 apportionment method for any area lying within the
4 boundaries of a zone or area of benefit.
5 54805.. (a) All or any portion of the local agency's
6 library service area may . be included within the
7 assessment district, and the property within the
8 assessment district need not be contiguous. The
9 assessment district may not include any area that is not
10 within the local agency's library service area. Subject to
11 the foregoing limitations, a local agency may form an
12 assessment district that includes area within the
13 territorial jurisdiction of any city without the consent of
14 the governing body of the city.-
15
ity:15 (b) A leeal egeney shall net No local agency shall levy
16 an assessment for library services pursuant to this chapter
17 if the local agency has adopted an ordinance limiting
18 rents, which ordinance applies to real property other
19 than _mobilehome parks, unless one of the following
20 applies:
21 (1) Under the ordinance, the owner of the real
22 property is pew €ted to.eharge&test tmder et lease or
23 eeetipaney egg as e€ the date e€ the levy of the
24 assessment-, dir-eedy -- 'tet filing kents, aft
25 property is permitted to increase directly, without filing
26 requirements, the rental rate owed by a tenant under an
27 existing lease in an 'amount not less than that tenant's
28 proportional share of one l€ e€ the
29 applied to the real p rt-y;in additien to the
30 meted Fate ewed by the tetteeHxt. one-half of any
31 assessment imposed on property for library services
32 pursuant to this chapter.
33 (2) An amount not less than a tenant's,.proportional
34 she e€ ene& of the a+- applied to
35 the real preperty is ieeloded ae a&eter in an atmeal share
36 of one-half of any assessment imposed on the real
37 property for library services pursuant to this chapter is
38 added to an annual general adjustment to the rental rate
39 owed by that to t; or-, if the or-dinanee hfts an
40 atitematie apiffitteA iease tied to the Genseffi Priee
98 180
- 7 — SB 1448
Lodate ' 1 index e� ether eeeg ed eseasawe of efl; the
ate 2 pre�gdes €eF remit
eft am
:he 3 indMdua4 basis in the eve3}t the inflation based �e
4 is inst4fiei to eever ineremed eests.
-y's 5 +3he mal gettered k1justment er ether a�atefnatie
he 6 . adjustme er ;Rre�led by the are
he 7 to ee-ver eest inereases ineluding ene& 4the
lie d 8 tee=s mwd share e€ the ' assess
zot 9 to the .
.
to 10 1n ne event shell a leeal erdinaftee be regatired to
an 11 1ftelude' reqtwing .tenants to reftnbtwse the
he 12 ewer e€ .Peel p erry direedy et €sr an
of 13 amennt tin emeess of the eests.
14 in eenne tietir vAth:the aas t, in ender for the leeal
:vy 15 ageney to be perniitted to levy art assessme peusue t to
ter 16 this ehapter. tenant.
-ng 17 54806. Notwithstanding any provision of Part 1
ier 18 (commencing with Section 56000) of Division 3, a local
ng 19 agency formation commission shall have no power or
20 duty to review and approve or disapprove creation of an
21 assessment district under this chapter.
er
22 54807. No action taken by a local agency hereunder
23 with respect to formation of an assessment district or the
era 24 issuance of bonds shall be subject to compliance with the
ng
i 25 California 'Environmental' Quality Act, Division 13
an
it's •.:� I 26 (commencing with Section 21000) of the Public
27 Resources Code. This section does not address the
fed
i 28 requirements of the California Environmental . Quality
29 Act, Division 13 (commencing with Section 21000) of the
ny ! 30 Public Resources Code with respect to the acquisition,
:es 31 construction, or improvement of facilities financed under
32 this chapter. This section shall be construed as
33 declaratory of existing law.
ire Viz, 34 54808. An assessment levied pursuant to this chapter
9a 1 35 is not subject to the Special Assessment Investigation,
36 Limitation and Majority Protest Act of 1931 (Division 4
• is 37 (commencing with Section 2800) of the Streets and
ite 38 Highways Code).
aft 39 54809. This chapter provides an alternative authority
fee 40 and procedure for the subject to which it relates-but does
iso
98 190
SB 1448 —8—
1 not affect any other law relating to the same ora similar
2 subject. When proceeding under this chapter, its
3 provisions only need be followed.
4 This chapter does not limit or prohibit the levy or
5 collection of any other fee, charge, assessment, or tax for
6 library services authorized by any other provision of law.
7 This chapter and all of its provisions shall be liberally
8 construed in order to effectuate its purposes. No error,
9 irregularity or informals and no neglect or.omission of
� tY informality, g
10 any officer, in any procedure taken under this chapter,
11 that does not- -directly affect the jurisdiction of the
12 legislative body to establish the assessment district or to
. 13 determine or levy the assessment; shall void or invalidate
14 that proceeding or any levy for the costs of providing
15 library services.
16 If any provision of this chapter or the' application
17 thereof to any person is.held invalid, that invalidity shall
18 not affect other provisions or applications of the chapter
19 that can be given effect without the invalid provision or
20 application, and to this end the provisions of this chapter
21 are severable.
22
23 Article Z. Proceedings for Imposition of Assessment
24
25 54810. (a) The clerk or secretary of the local agency
26 shall cause notice of the time, date, and place of hearing
27 on the ordinance or resolution to be published pursuant
28 to Section.6066 and to be posted!in at.least three public
{ yrs 29 places within the local agency.
30 (b) The clerk or secretary shall also cause a copy of the
31 notice of the time, date, and place of hearing on the
32 ordinance or resolution to be mailed to each property
33 owner whose property would be subject to the
34 assessment. The notice shall be mailed at least 45 days
35 prior to the date set for hearing pursuant to Section
36 54954.6 by .name to those persons whose name and
37 address appear on the last equalized county assessment
38 roll or as known to the clerk or secretary. The envelope
39 or cover of the mailing shall include the name of the local
40 agency and the return address of the sender. The notice
98 210
:i
j — 9 — SB 1448.
ilar !' 1 shall contain the' name and telephone number of the
its J 2 person designated to answer inquiries regarding protest
3 proceedings.
or 4 (c) Notwithstanding subdivision (b), for any hearing
for 5 on the ordinances or resolution to be conducted on or
aw. 6 before August 12, 1994, the notice shall be mailed at least
ally 7 21 days prior to the date set for hearing and sites
-or, 8 -(a* smd paragraph (2) of subdivision (a) and subdivision
I of 9 (c) of Section 54954.6 shall not apply.
ter, 10 54811. At any time not later than the hour set for the
the 11 hearing, . any holder, whether a fee owner, lessee or
to 12 otherwise, of the interest in any property that is proposed
ate 13 to be assessed and who will be obligated to pay the
Mg 14 ' proposed assessment, may make written protest against
15 the proposed assessment. The protest shall contain a
ion 16 description of the property 1 and the interest in the
Zall 17 property that each signer of the. protest represents,
oter 18 sufficient to identify the property, and, if the signers are
1 or 19 not shown on the last .equalized assessment roll as the
►ter 20 owners of the. property, shall contain or be accompanied
21 by written evidence that the signers are the holders of
22 the property interest proposed to be charged and who
at 23 will be obligated to pay the proposed charge. All written
24 protests shall be delivered to the clerk or secretary of the
acy l?, 25 local agency and, for the purposes of Section 54814, no
ing 26 other protests or objections shall be considered.
ant 27 54812. . (a) At the time, date, and place stated in the
blic 28 notice given under Section 54810, the legislative body
• 29 shall hear and consider all objections or protests, if any,
the 30 to the ordinance or resolution referred to in the notice
the 31 and shall also hear and determine all protests.as provided
;rty 32 in Section 54814. The legislative body may continue the
the 33 hearing from time to time.
lays 34 (b) Any written protest may be withdrawn, in writing,
ion 35 by the person who made the protest at anytime prior to
and 36 the conclusion of the hearing or any adjournment of the
.ent 37 hearing.
ope 38 54813. During the course of or upon the conclusion of
Kcal 39 the hearing, the legislative body may order changes in
tice 40 the resolution or ordinance, which changes do not
210 98 230
SB 1448 — 10 -
1
10 -1 increase any assessment, except that the legislative body
2 may order the inclusion of additional territory within the
3 assessment district upon the written request of a
4 property owner or upon the giving of mailed notice of
5 hearing to owners of property proposed to be added to
6 the assessment district.
7 54814: (a) Upon the conclusion of the hearing
8 pursuant to Section 54812, the legislative .body shall
9 determine the
ercent of protests made. For that
P
10 purpose, the territory,of the assessment district shall be
11 adjusted to exclude territory ordered excluded from the
12 district and to include territory ordered added to the
13 district.
14 (b) If it shall be necessary, in order to .find whether a
15 50 percent protest.exists, to determine whether any or all
16 of the signers of written protests are the holders of
17 property interests proposed to be assessed and who will
18 be obligated.to pay the proposed annual assessment, the
_ 19 legislative body shall make the determination from the
20 last equalized assessment roll, any written evidence
21 submitted with a written.protest, and any other evidence
22 . received at the hearing. The legislative body shall be
23 under no duty to obtain or.consider any other evidence
24 as to the holding of property interests, and its
25 determination of valid protests shall be final and a
26 conclusive.
27 54815. If the legislative body finds that protest is made
28 , by holders of property interests proposed to be assessed .
29 and who will be obligated to pay 50 percent or more of
30 the total amount of the proposed annual assessment, and
31 protests are not withdrawn so as to reduce the same to
32 less than 50 percent, the proposed assessment so
33 protested shall be abandoned. Notwithstanding the
34 foregoing, any proposed annual assessment to . pay
35 principal and interest coming due on bonds previously
36 issued pursuant to this chapter may be adopted by a
37 majority of the members of the legislative body.
38 54816. .(a) If no protests or objections in writing have
39 been delivered to the clerk or secretary up to the hour set
40 for hearing on the ordinance or resolution, or if valid
98 240
i
— 11 — SB 1448
i
)dY 1 protests have been found by the legislative body to be less
the 2 that 50 percent of the total proposed annual assessment,
a 3 the legislative body may, at any time after the conclusion
of 4 of the hearing, by ordinance or, resolution, establish the
! to 5 assessment district and determine the proposed
6 assessment.
malgl 7 (b) The proposed assessment shall be submitted to.the
ti
8 eligible voters within the proposed assessment district,
hat 9 and shall take effect upon approval by a majority of those
be 10 casting ballots. Ballots for a special election for the
the 11 purpose may be distributed to qualified electors by mail
the 12 with return postage prepaid.
13 (c) The approval of the assessment by the voters shall
:r a 14 constitute the levy of the initial annual assessment.
all 15 (d) The legislative ' body may annually 'thereafter
; of 16 determine. the. cost of the services that are financed.by
Will
17 the assessment and, by ordinance or resolution, after
the 18 "notice and hearing . as provided in. Sections 54819 and
the 19 54820, determine and levy the assessment.
nee T 20 (e) The legislative body of any local agency may
nee `'�. ' - 21 extend the due date for the firstear's assessments to
be
. Y
22 have them due concurrently with the following year's
nee 23 assessments.
its 24 54817. The local agency, if ether et eetinty unless
and 25 governed by the county board of supervisors, shall pay
26 the county for any costs incurred by the county in
Lade 27 conducting the election. An election called by a
ssed 28 legislative body. pursuant to this chapter is subject to all
e of 29 provisions of the Elections Code applicable-to elections
and 30 called by the local agency.
e to 31 54818. (a) After adoption, any ordinance or
so 32 resolution adopted pursuant to this section may be
the 33 amended by the legislative body following notice and a
pay 34 hearing.
,usly 35 (b) Notwithstanding the provisions of subdivision (c)
)Y a 36 of Section 54954.6, if the amendment would not increase
37 any maximum assessment previously established, which
lave 38 maximum may include provision for automatic
r set 39 adjustments, notice of the hearing thereon shall be given
'fid 40 as provided in subdivision (a) of Section 54810.
8 240 98 260
SB 1448- — 12 -
1 (c) For any amendment that would increase any
2 maximum assessments previously established, which
3 maximum may include provision for automatic
4 adjustments, notice shall also be given as provided in
5 subdivision '(b) of .Section 54810. Notwithstanding the
6 provisions of subdivision (c) of Section 54954.6, if the
7 number of property owners to whom written notice _
8 would be mailed pursuant to this subdivision is greater IJ
9 that 100,000,in lieu of mailing, notice may be provided by
10 placing a display advertisement of at least one-eighth
11 page in at least one newspaper of general circulation
12 within the local agency for wee two weeks pursuant to
13 Section 696a 6066 beginning at least 45.days prior to the
14 hearing.
15 54819. (a) Prior to the levy of any annual assessment
16 by the legislative body as provided in this chapter, other
17 than the initial annual assessment, the legislative body
18 shall cause to be prepared and filed with the clerk or
19 secretary of the local agency a written report that shall
20 . contain all of the following: _
21 (1) Reference to the assessment district by its -'
22 distinctive designation and general location.
23 (2) The aggregate amount of the assessment for the
24 fiscal year, which shall not be less than the amount of
25 principal and interest required to be paid from the
26 assessment with respect to bonds issued pursuant to this
27 chapter.
28 (3) A schedule showing the apportionment of the
29 aggregate assessment among the properties within the
30 assessment district.
31 (4) A general description of the proposed uses of the
32 assessment.
33 54820. (a) Notwithstanding the provisions of
34 subdivision (c) of Section 54954.6, notice of hearing on
35 the proposed annualassessment shall be given by
36 publication and posting in the manner provided in
37 subdivision (a) of Section 54810.
38 (b) If the annual report proposes an increase in the
39 levy of an annual assessment, which increased levy is
40 greater than the established maximum aggregate
98 M
13 — SB 1448
Lny '' 1 amount, notice of the hearing on the annual report shall
ich 2 also be given by mailing in the manner provided in
Ltic 3 subdivision (b) of Section 54810. Notwithstanding the
in 4 provisions of subdivision (c) of Section 54954.6, if the,
;he 5 number of property owners to whom notice would be
he 6 mailed pursuant to this paragraph is greater than 100,000,
ice 7 in lieu of mailing, notice may be provided by placing a
ter 8 display advertisement of at least one-eighth page in at
by 9 'least one newspaper of general circulation within the
rth 10 local agency for three weeks. pursuant to Section 6063
.on 11 beginning at least 45 days prior to the hearing.
to 12 " 54821. The legislative body may provide for the
he . 13 collection. of-the assessment in the same manner, and
14 subject to the same penalties as, other fees, charges and
;nt 15 taxes fixed and collected by, or on behalf of, the local
ier 16 agency. The legislative body may provide that the first
dy 17 year's assessment shall be collected concurrently with the
or . 18 following year's assessment. If the assessments are
all 19 collected by the county, the county may deduct its costs
,\ 20 incurred for that service before remittal of the balance to
its 21 the local agency's treasury.
22 54822. Following adoption of the ordinance or
he 23 resolution, the clerk or secretary of the local agency shall
of 24 record a notice and map describing the assessment
he 25 district pursuant to Division 4.5 (commencing with
his 26. Section 3100) of the. Streets and Highways Code. The
27 provisions of that division shall apply to the assessment
he 28 district as if fully set forth herein.
he 29 54823. The failure of any person to receive a notice,
30 resolution, order or any other matter shall not affect in
he 31 any way whatsoever the validity of any proceedings
32 taken under this chapter or prevent the legislative body
of :i 33 from proceeding with any hearing so noticed.
on 34 54824. (a) Chapter 9 (commencing with Section 860)
by i 35 of Title 10 of Part 2 of the Code of Civil Procedure applies
in 36 to any judicial action or proceeding brought by the
37 legislative body to determine the validity of any
he 38 ordinance or resolution adopted under this chapter, or
is 39 modifying or amending an existing ordinance or
ate r. 40 resolution.
280 98 300
SB 1448 — 14 -
1
14 -1 (b) Except as provided in subdivision (a), the validity
2 of the formation of an assessment district, or an
3 assessment levied, under this chapter shall not be
4 contested, questioned, or challenged in any action or
5 proceeding unless the action or proceeding is
6 commenced within 30 days after the district is formed or
7 the assessment is levied, as the case may be, and in case
8 that action or proceeding is not brought within that
9 period, then thereafter all per whosoever shall be
10 barred in any action, suit, or proceeding from pleading,
j 11 asserting, or claiming that the assessment is invalid or
12 that any of the proceedings ,or other actions herein
+. 13 specified,were.defective,faulty;or invalid in any respect.
14 (c) If an ordinance ..or resolution provides for an
15 automatic adjustment in an assessment, and the
16 automatic adjustment results in an increase in the
17 amount of an assessment, any action or proceeding to
18 attack, review, set aside, void, or annul the increase shall
19 be commenced within 30 days after the effective date of
20 the increase.
21 54825. The legislative body may specifically allocate
.22 and pledge all or-any portion of the revenues generated
23 pursuant et to this chapter to pay the principal of and
24 interest,on bonds issued under this chapter.
25 )
26 Article 3. Issuance of Bonds
27
28 54826. (a) Limited obligation bonds maybe issued to
29 finance the cost of any library facilities authorized under
30 this chapter or any other provision of law. These costs
31 may include all actual or estimated costs incidental to or
32 connected with the acquisition, construction,
33 improvement, or financing of the facilities, including
34 equipment or furnishings with a useful life of five years
35 e€ or more, and all engineering, inspection, legal and
36 fiscal agent's fees, all costs of issuance of the bonds, all
37 bond reserve funds, and all bond interest estimated to
38 accrue during the construction period and for a period
39 determined by the legislative body after completion of
40 construction. Bonds may also be issued to refund
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1 outstanding bonds. In all cases bonds shall be amortized
)tea' 2 r a riod longer the useful life of the facilities
�r an i over pe nothan u es
A be I 3 being financed.
on e 4 (b) Proceedings to issue bonds under this article are
Ig is 5 initiated when the legislative body adopts a resolution by
ed or 6 a majority vote of all of its members, which initiating
icase 7 resolution shall state: (1) that it is adopted pursuant to
that �' 8 this article, (2) the object and purpose of issuing the
all at 9 bonds, (3)- the estimated cost of the facilities to be
10 financed, (4) the maximum amount of bonds, (5) the
tdinlid g, 11 maximum rate of interest on the bonds, and (6) that -the
12 bonds shall be secured by and payable from all or part of
or
terein
spect. . 13 the revenues.
:)r an 14 (c) All bonds issued pursuant to this article shall be
t the 15. limited.obligations of the local agency, payable only from
i the 16 the revenues specified in the resolution initiating
ng to 17 issuance proceedings; provided, that if those funds are
ffi
shall 18 insufficient for the payment of principal and interest, the
ate ll 19 local agency may, at its discretion, make payments from
20 any. other funds or revenues that may legally be applied
locate- ' 21 to their payment. By resolution, the legislative body may
:rated 22 pledge, place a charge upon, and assign all or any part of
►f and 23 the revenues for the security of the bonds. All revenues
24 that have been pledged to the payment of the bonds and
25 interest earned thereon constitute a trust fund for the
26 security and payment of the interest on and principal of
27 the bonds.
ied to i 28 (d) The bonds shall bear interest at a rate or rates not
under 29 exceeding the maximum rate authorized by law, may be
costs ! 30 payable at the time or times, may be issued in one or
I to or 31 more series, may bear a date or dates, may mature at a
.ction, 32 time or times not exceeding 31 years from their
33 respective dates, may be payable in the medium of
udmg �ti°'{ '' 34 payment at a place or places, may carry the registration
years '' 35 privileges,may be subject to the terms of redemption and
d1 and 36 the premiums, may be executed and sold in the manner,
:e d to all 37 may contain those terms, covenants and conditions, and
)er:e38 may be in the form as the resolution authorizing issuance
ion 39 may provide. The bonds may be sold at public or private
on of
efund 40 sale in the manner and upon the terms as may be
"ZI Ne
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SB 1448 — 16 -
1 provided in the resolution authorizing issuance.
2 (e) Bonds of the same issue shall be equally and
3 ratably secured by the pledge, lien, and charge on the.
4 revenues specified in the resolution authorizing the
5 issuance of the bonds, without priority for date,'number
6 'or time of sale, execution or delivery; except that any
7 local agency may authorize the issuance of bonds of
8 different series and may provide that. the bonds in any
9 series shall, to the extent and in the manner prescribed
10 in the resolution authorizing issuance, be subordinated
I� 11 and be junior in standing, with respect to the payment of
12 principal and interest and the security thereof, to those
13 other bonds as may be specified in the resolution.
14 54827. The general fund of a local agency is not liable
15 for the payment of any bonds issued pursuant to this
16 article or the interest thereon. The general credit or
17 taxing power of the local agency, other than the pledged
18 revenues, is not liable for the payment of any bonds
19 issued pursuant to this article or the interest thereon. The
20 owner of bonds issued under this article shall not compel -
21 the exercise of taxing power by the local agency, or the
22 forfeiture of its property, other than the pledged
23 revenues. The principal of, and interest on,the bonds and
24 ' any premiums payable upon the redemption of any
25 bonds thereof, are not a debt of the local agency within
26 the meaning of any constitutional or statutory debt
27 limitation or restriction, nor a legal or equitable pledge,
28 charge, lien, or encumbrance upon any of its property, or
29 upon any of its income, receipts or revenues except the
30 revenues that have been pledged to their payment.
31 Every bond shall recite in substance that the principal of
32 and interest on the bond are payable solely from the
33 pledged revenues and that the local agency is not
34 obligated to pay the principal and interest except from
35 the pledged revenues.
36 54828. The bonds and any interest on or income from
37 the bonds are exempt from taxation in this state, except
38 from bank and corporation franchise, gift, inheritance,
39 and estate taxes.
40 54829. (a) In the resolution authorizing issuance of
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1 the bonds, the legislative body may insert any of the
and 2 provisions authorized by this article, which shall become
i the 3 a part of the contract with"the bond owners.
the 4 (b) The legislative body may provide for all of the
nber 5 following:
any 6 (1) Limitations of the purpose to which the proceeds
Is of 7 of sale of any issue of bonds may be applied.
any 8 (2) Limitations on the issuance of additional bonds for
any
i 9 the same purpose and on the lien of additional bonds.
ated 10 (3) Events of.default and terms upon which the bonds
nt of 11 may be declared-due before maturity and the terms upon
hose 12 which the declaration and its consequences may be
13 waived.
.able 14 (4) The, rights, liabilities, powers, .and duties arising
this 15 upon the local agency's breach of any covenants,
it or 16 conditions, or obligations. . _
aged 17 (5) The vesting in a trustee of the right to enforce
ends 18 covenants. to secure payment of, or 'in relation to, the
The 19 bonds and the trustee's powers and duties, and the
npel 20 limitation of the trustee's liabilities.
• the 21 (6) The terms upon which the bond owners or any
aged 22 percentage of them may enforce covenants or duties of
and 23 the local agency with respect to the bonds.
any 24 (7) A procedure for amending or abrogating the terms
.thin rN, 25 of the resolution with the consent of the owners of a
debt 26 specified number oft the bonds. The.procedure may also
dge, 27 provide for meetings of bond owners or for their written
y, or 28 assent without a meeting-and the manner of consenting,
the 29 with or without a meeting.
lent. 30 (8) Any other acts and things necessary, convenient,
al of 31 or desirable to secure the bonds or tending to make them
the 32 more marketable.
not 33 (c) The resolution shall specifically state the effect of
rom '}' 34 amendment upon the rights of the owners of all of the
35 bonds and shall be binding upon the owners of all of the
rom 36 bonds issued pursuant to the resolution.
cept 37 54830. (a) A separate, distinct and special fund shall
nce, 38 be created at or before the issuance of the bonds, which
39 shall be maintained continuously during the time that
-e of 40 any of the bonds or the interest theron are outstanding
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SB 1448 — 18—
1 and unpaid. The pledged revenues shall be deposited in
2 the special fund to the extent necessary to pay. the
3 principal of the bonds and the interest theron. All
4 pledged revenues deposited in the special fund shall be
5 held in trust for the benefit of the owners of the bonds
6 and shall be applied in accordance with the resolution
7 authorizing issuance of the bonds. Pending the
8 application, the pledged revenues may be invested in !
9 property or securities in which the local agency may
10 legally invest funds subject.to its control.
11 (b) The local agency shall keepp roper books of record
12 and accounts of-the revenues, separate from all other
13 records and accounts, in which complete and correct
14 entries shall be made of all- transactions relating to the
. 15 revenues. At all reasonable times, and upon reasonable
16 notice to the local agency, the books shall be subject- to
17 inspection by the owners of not less than 10 percent of the
i 18 outstanding bonds or their representatives duly
19 authorized in writing.
20 (c) Any duty of the local. agency.with respect to the
21 bonds may be exercised by agents appointed by the local
22 agency or upon terms as the local agency may provide.
23 The duties set forth in this article shall not require the
24 local agency to expend any funds. other than the
25 revenues.
26 (d) All bonds issued under this article shall by their Y
27 issuance be conclusive evidence of the regularity,
28 validity, and legal sufficiency of all proceedings, acts, and
29 determinations in any manner pertaining thereof, had or
30 made hereunder. Any action, suit, or proceeding of any
31 kind or nature in which the validity of any of the
32 proceedings or actions taken by the legislative body with
33 respect to the bonds is questioned or attacked, shall be
34 filed within 30 days after the date of adoption of the
35 resolution authorizing issuance of the bonds, and in case
36 an action is not brought raising that issue within that
37 period,. then thereafter all persons whosoever shall be
38 barred in any action, suit, or proceeding from pleading,
39 asserting, or claiming that any of the proceedings or other
40 actions herein specified, were defective, faulty, or invalid
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I In 1 in any respect.
the 2 54831. The legislative body may covenant with the
All 3 ' owners of the bonds to foreclose delinquent assessments
1 be 4 by judicial action in accordance with Part 14
nds 5 (commencing with Section 8830) of Division 10 of the
Jon i 6 Streets and Highways Code, which provisions shall apply
the 7 to the assessment district as if fully set forth herein.
1 in 8 SEC. 2. This act is an urgency, statute necessary for
nay 9 the immediate preservation of the public peace, health,.
10 or safety within the meaning of Article IV of the
:ord 11 Constitution and shall go into immediate effect. The facts
her 12 constituting the necessity are:
-ect 13 In order to prevent an immediate shortage of funds
the 14 necessary to fund current expenses and operations of
ible 15 public library services throughout the state, it is
t, to 16 necessary that this act take effect immediately.
the
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the
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ide.
the
the
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t ity,
and
3 or
any 0
the
vith
I be
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i
ing,
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i
98 380