Chapter 12.40


12.40.010    Advances by city.

12.40.020    Reimbursement.

12.40.030    Notice of installment payment.

12.40.040    Payment.

12.40.050    Subsequent acquisition by public agency.


The city council may declare in the resolution of intention or by separate resolution subsequently adopted in proceedings for the acquisition and construction of sewer or water facilities, or both, by special assessment and assessment bond proceedings that the city intends to advance to the project the amount of any special assessment proposed to be levied against any parcel of property within the boundaries of the assessment district. In such event, the city shall pay that portion of the project cost represented by said assessment or assessments as said cost accrues, and shall succeed to all right under the assessment and assessment bonds had they been levied and issued, respectively.

(Prior code § 7900).


An assessment and diagram for the parcel or parcels as to which such advance is proposed to be made shall be prepared and filed as part of the engineer’s report as in other cases, except that the assessment and diagram as to said parcel or parcels shall be separate from the assessment and diagram for the remaining parcels in the project. After the assessment and diagram for said remaining parcels has been recorded, and notice to pay said assessments given, separate notices shall be sent to the owners of the property as to which the assessments have been advanced. Such notices shall provide in substance that an assessment has been computed in a given amount (stating the amount) against the property and is on file in the office of the city clerk, and that the amount of said assessment may be paid in cash in whole or in part at any time prior to the notice hereinafter mentioned in Section 12.40.030, but that the amount unpaid as of July 1st of each year following the recordation of the balance of the assessments in the project will be increased by a percentage amount based on the interest rate to be paid on the bonds to be issued to represent the unpaid assessments in the project.

(Prior code § 7901).


The city may, at any time after the expiration of thirty days from recordation of the assessments levied in the balance of the project, and must, immediately upon connection of any improvements on the property to the facilities financed in the proceedings, give notice by publication for two successive days in a newspaper of general circulation printed and published in the city, and by mailing to the owners of the property involved, that the assessment in the amounts unpaid on the thirtieth day after such mailing will be recorded in the office of the superintendent of streets and will thereby become liens against the respective properties, and will hereafter become due and payable to the city in annual installments, not necessarily equal, but not exceeding the maximum number of installments set forth in the resolution of intention, with interest at rates to be fixed as provided in Section 12.40.020.

(Prior code § 7902).

12.40.040 PAYMENT.

Thereafter, the annual proportion of each assessment coming due in any year, together with annual interest on such assessment, shall be payable in the same manner and at the same time and in the same installments, and be subject to the same proportionate penalties and interest after delinquency, as would have been the case had bonds been issued to represent said unpaid assessments.

(Prior code § 7903).


If any parcel of land as to which assessments have been advanced as herein provided is subsequently acquired by the United States or by the state, or by any county, city, public agent, mandator of the government, school board, educational, penal or reform institution or institution for the feebleminded or the insane, for use in the performance of any public function, the city council may, in its discretion, at the time of the acquisition of the property by such public agency, by resolution, order that all assessments or liens established under the provisions of this chapter, together with any interest or penalties accrued thereon, be canceled.

(Prior code § 7904).