Chapter 3.12
ASSESSMENT DISTRICT FORMATION
Sections:
3.12.010 Petition to follow prescribed procedure.
3.12.020 Application for petition—Form.
3.12.040 Grant, denial of petition.
3.12.050 Issuance of petitions—Permit for circulation.
3.12.060 Affidavit attached to petition.
3.12.070 Petitions not complying with chapter not accepted.
3.12.010 Petition to follow prescribed procedure.
Any person, group of persons, firm, association or corporation desiring to circulate or cause to be circulated for signature the City of South Gate any petition asking that the Council form an assessment district to pay the cost of any public improvement shall follow the procedure prescribed in this chapter.
(Ord. 159 § 1, 10-15-29)
3.12.020 Application for petition—Form.
A form of petition for the purpose set forth in Section 3.12.010 hereof shall be secured from the City Clerk, who shall not issue the same except upon the application of at least three owners of property which in his opinion will be within the proposed assessment district for the improvement. This application shall be in the following form:
APPLICATION FOR PETITION
—for—
PUBLIC IMPROVEMENT
South Gate, California
_______________, 20___
City Clerk,
City Hall,
South Gate, California
Dear Sir:
We, the undersigned owners of property as shown below, do hereby request that you issue to us a petition for the doing of the following public work, under the provisions of the
_____________________________________________ACT_____________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
We desire that the bonds for payment of this work shall extend over a period _____ of years.
It is intended that this petition shall be circulated for signatures by the following persons:
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NAME |
Owners of Property in Proposed Assessment District (yes or no) |
If so, Location Lot Block Tract |
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____________________________________ |
_____________________ |
_______________________ |
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____________________________________ |
_____________________ |
_______________________ |
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____________________________________ |
_____________________ |
_______________________ |
Kindly (mail) (deliver) this petition to _________________________
Signed_________________________Owner of Lot_________________________Block Tract__________
Signed_________________________Owner of Lot_________________________Block Tract__________
Signed_________________________Owner of Lot_________________________Block Tract__________
Such application shall be accompanied by a fee of Twenty-Five Dollars ($25.00) plus a fee of Three Dollars ($3.00) for each person proposing to circulate the petition who does not own property which in the opinion of the City Clerk will be within the proposed assessment district. In case property owners circulate this petition no fees shall be paid.
(Ord. 159 § 2, 10-15-29)
3.12.030 Petition—Form
Upon receipt of such application and fees, and being satisfied that the signatures of the applicants are genuine, the City Clerk shall secure from the City Engineer, who shall provide the same, the petition applied for, which shall be in the following form and which shall contain all the information for which space is provided on the form:
TO THE HONORABLE CITY COUNCIL
SOUTH GATE, CALIFORNIA
_______________, 20_____
We the undersigned owners of property, do hereby petition your Honorable Body to do the following work under the provisions of the _________________________ Act. and to include such structures, appliances, appurtenances and other work as may be deemed necessary by the City Engineer for the purpose of constructing the above improvement.
The proposed limits of the improvement to be made and the boundaries of the district proposed to be assessed therefor are indicated on the attached map which is made a part of this petition.
WAIVER OF DAMAGES
In a consideration of the granting of this petition and of performing the improvement herein mentioned, we (each for himself) do hereby waive any right which we may now have or may hereafter have to make or prosecute any claim or demand against the City of South Gate or any officer thereof or the contractors for said improvement for any or all damages caused by said improvement or arising from the nature thereof. (This waiver does not include any amounts awarded by any court of competent jurisdiction in an action to condemn property for a right of way).
The CITY OF SOUTH GATE DOES NOT CIRCULATE PETITIONS FOR PUBLIC IMPROVEMENTS
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This petition was prepared at the request of |
____________________________________________ _________________________________________ _________________________________________ |
This petition is being circulated by _________________________ who (is) (is not) the owner of property within the proposed assessment district and who is compensated for the circulation of this petition by
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(Signed) |
______________________________ ______________________________ ______________________________ |
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STATEMENT OF CITY ENGINEER |
The following figures have been compiled at the direction of the City Council for the information of those concerned, showing the amounts for which this proposed district is bonded and the current tax rates; also the cost of other proposed improvements, if any. These figures are approximate averages only..
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1. Trade name of improvement proposed and kinds of materials to be used. |
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2. Estimated total cost of this improvement: |
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Annual Payment (Incl. interest estimated at 6%) |
Annual Maintenance |
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Average cost per front foot (frontage zone) |
_____________________ |
_____________________ |
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Average cost per acre (secondary zone) |
_____________________ |
_____________________ |
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Average cost per $100 assessed land value (frontage zone) |
_____________________ |
_____________________ |
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Average cost per $100 assessed land value (secondary zone) |
_____________________ |
_____________________ |
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3. Similar improvement unpatented or unnamed with substantially same materials. |
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Annual Payment (Incl. interest estimated at 6%) |
Annual Maintenance |
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Average cost per front foot (frontage zone) |
_____________________ |
_____________________ |
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Average cost per acre (secondary zone) |
_____________________ |
_____________________ |
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Average cost per $100 assessed land value (frontage zone) |
_____________________ |
_____________________ |
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Average cost per $100 assessed land value (secondary zone) |
_____________________ |
_____________________ |
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4. Ratio of total bonded indebtedness present and proposed to total assessed valuation of land and improvements: __________% |
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5. Assessed value of the proposed district: |
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Land______________________ |
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Improvements_______________ |
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Total______________________ |
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6. Existing assessment districts through which this proposed district extends. |
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Current Tax Rate per $100 Assessed Value Based on |
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Districts |
Bonded Indebtedness |
Land & Impvts. |
Land Impvts. & Personal |
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Total_________________________ |
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7. Estimated cost to this district of proposed improvements other than this one: |
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(Signed)_________________________ City Engineer |
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The circulation of this petition was approved by the City Council on __________, 20_____ and will be considered when signed by the owners of _____ per cent of the property in the proposed assessment district, provided it has been filed with the City Clerk on or before _______________, 20_____. |
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(Signed)_________________________ City Clerk |
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Signatures of the petition shall be on sheets of paper bound to the petition, upon which each signer shall write his name, the date of his signature, the frontage in feet of the lot owned by the signer and whether the signer is the owner or tenant of the lot represented by the signature, also the number of the building on the lot (if there be a building on the lot).
Each signature shall follow separately the following statement:
"I HEREBY CERTIFY THAT I HAVE READ ALL OF THE FOREGOING PETITION AND THAT I AM IN ACCORD THEREWITH."
(Ord. 159 § 3, 10-15-29)
3.12.040 Grant, denial of petition.
Upon the receipt of the petition from the city engineer, the city clerk shall transmit the same to the planning commission, who shall consider it at its next ensuing meeting and shall thereupon report its recommendations to the council. The council shall have the power to overrule the recommendations of the planning commission by a majority vote. The council shall permit or refuse the circulation of the petition. If it disapproves, the city clerk shall return to the applicants for the petition the fees of three dollars for each proposed circulator of the petition who does not own property which, in the opinion of the city clerk, would be within the proposed assessment district. Thereupon the petition shall not be issued for circulation, and no application for a petition for substantially the same purpose, including the same kind of improvement, shall be received by the city clerk for a period of six months from and after the said action of the council disapproving the circulation of the petition.
If the council permit the circulation of the petition, it shall determine that it will consider the petition when it has been signed by the owners of a certain percentage of the property within the proposed assessment district, provided that the signed petition is filed with the city clerk on or before a specified date, which shall not be more than six months after the date of the action of the council in approving the circulation of the petition. Said percentage of property and specified date shall be noted on the petition in the space provided in the form specified in Section 3.12.030 hereof, and the city clerk shall also sign the statement that the council has approved the circulation of the petition.
(Ord. 159 § 4, 10-15-29)
3.12.050 Issuance of petitions—Permit for circulation.
In case the council shall permit the circulation of the petition, the city clerk shall thereupon issue to the applicants for the petition such number of copies thereof as he shall deem necessary, retaining one copy in his office as a public record, and shall cause a copy of the petition to be published once in a newspaper of general circulation within the city of South Gate. He shall also issue to each proposed circulator of the petition whose name appeared upon the application for the petition, a permit for the circulation of the petition.
(Ord. 159 § 5, 10-15-29)
3.12.060 Affidavit attached to petition.
Each circulator of any petition issued under the provisions of this chapter shall attach to the petition, before it is filed with the city clerk after being signed, an affidavit made and executed by said circulator, which shall state that the affiant circulated the petition and that each signer of said petition read the same in the presence of the affiant, or that it was read to him by affiant, including the statement of the city engineer, and saw written each signature attached to such petition and that the signature was the genuine signature of the person whose signature it purports to be, and also shall give the name and address of the person, firm, association or corporation if any, from whom the circulator of the petition receives compensation for such work.
(Ord. 159 § 6, 10-15-29)
3.12.070 Petitions not complying with chapter not accepted.
The city clerk shall not receive any petition asking that the council form an assessment district to pay the cost of any public improvement, which does not comply with the provisions of this chapter or which has been circulated by any person whose name did not appear upon the application for the petition or upon a supplementary list of proposed circulators filed with the city clerk, together with fees of three dollars for each person whose name appears upon said list, who does not own property within the assessment district, and to whom permits for the circulation of the petition have been issued.
(Ord. 159 § 7, 10-15-29)