36730-36737

STREETS AND HIGHWAYS CODE
SECTION 36730-36737




36730.  The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the resolution establishing the management district
plan described in Section 36713. Assessments levied on real property
may be collected at the same time and in the same manner as for the
ad valorem property tax, and may provide for the same lien priority
and penalties for delinquent payment. All delinquent payments for
assessments levied pursuant to this part shall be charged interest
and penalties.


36731.  (a) The assessments levied on real property pursuant to this
part shall be levied on the basis of the estimated benefit to the
real property within the district. The city council may classify
properties for purposes of determining the benefit to property of the
improvements and activities provided pursuant to this part.
   (b) Assessments levied on businesses pursuant to this part shall
be levied on the basis of the estimated benefit to the businesses
within the district. The city council may classify businesses for
purposes of determining the benefit to the businesses of the
improvements and activities provided pursuant to this part.
   (c) Properties used for single-family residential use, or that are
zoned for agricultural use, are conclusively presumed not to benefit
from the improvements and service funded through these assessments,
and shall not be subject to any assessment pursuant to this part.



36732.  The validity of an assessment levied under this part shall
not be contested in any action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying
the assessment is adopted pursuant to Section 36717. Any appeal from
a final judgment in an action or proceeding shall be perfected within
30 days after the entry of judgment.



36733.  The city council may execute baseline service contracts that
would establish levels of city services that would continue after a
district has been formed.



36734.  The owners' association may, at any time, request that the
city council modify the management district plan. Any modification of
the management district plan shall be made pursuant to this chapter.



36735.  (a) Upon the written request of the owners' association, the
city council may modify the management district plan after
conducting one public hearing on the proposed modifications. The city
council may modify the improvements and activities to be funded with
the revenue derived from the levy of the assessments by adopting a
resolution determining to make the modifications after holding a
public hearing on the proposed modifications. If the modification
includes the levy of a new or increased assessment, the city council
shall comply with Section 36714. Notice of all other public meetings
and public hearings pursuant to this section shall comply with both
of the following:
   (1) The resolution of intention shall be published in a newspaper
of general circulation in the city once at least seven days before
the public meeting.
   (2) A complete copy of the resolution of intention shall be mailed
by first class mail, at least 10 days before the public meeting, to
each business owner or property owner affected by the proposed
modification.
   (b) The city council shall adopt a resolution of intention which
states the proposed modification prior to the public hearing required
by this section. The public hearing shall be held not more than 90
days after the adoption of the resolution of intention.



36736.  Any subsequent modification of the resolution shall be
reflected in subsequent notices and maps recorded pursuant to
Division 4.5 (commencing with Section 3100), in a manner consistent
with the provisions of Section 36718.


36737.  (a) The city council may, by resolution, determine and
declare that bonds shall be issued to finance the estimated cost of
some or all of the proposed improvements described in the resolution
of formation adopted pursuant to Section 36716, if the resolution of
formation adopted pursuant to that section provides for the issuance
of bonds, under the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500)) or in conjunction with Marks-Roos
Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
Either act, as the case may be, shall govern the proceedings relating
to the issuance of bonds, although proceedings under the Improvement
Bond Act of 1915 may be modified by the city council as necessary to
accommodate assessments levied upon business pursuant to this part.
   (b) The resolution adopted pursuant to subdivision (a) shall
generally describe the proposed improvements specified in the
resolution of formation adopted pursuant to Section 36716, set forth
the estimated cost of those improvements, specify the number of
annual installments and the fiscal years during which they are to be
collected. The amount of debt service to retire the bonds shall not
exceed the amount of revenue estimated to be raised from assessments
over 20 years.
   (c) Notwithstanding any other provision of this part, assessments
levied to pay the principal and interest on any bond issued pursuant
to this section shall not be reduced or terminated if doing so would
interfere with the timely retirement of the debt.