§ 7-1.804. Initiation of Proceedings.  


Latest version.
  • Upon the receipt of an application by a landowner or his/her designated agent, or on its own motion, the City Council may initiate proceedings for the designation of an area of benefit by adopting a resolution stating its intention to do so. The City Council shall refer the proposed public facilities project to the City Manager and shall direct said City Manager with the assistance of City departments and, where appropriate, interested landowners to make and file with the City Clerk a report in writing which shall contain:

    (a)

    (i)

    An implementation program for future development; and/or

    (ii)

    A financing plan with respect to the proposed public facilities project.

    (b)

    A general description of the proposed public facilities project.

    (c)

    An estimate of the total costs of the public facilities project(s) based on the projected time for commencement and completion thereof in accordance with the capital improvement program.

    (d)

    A capital program establishing a schedule for the timing of construction of the public facilities project and the estimated costs therefor.

    (e)

    A diagram showing the area of benefit to be designated and the boundaries and dimensions of the subdivision of land within the area of benefit.

    (f)

    Preliminary information concerning the method pursuant to which the costs are proposed to be apportioned among the parcels within the area of benefit and proportioned to the estimated benefits to be received by those parcels and a preliminary estimate of the amount of the facilities benefit assessments which will be charged to each such parcel.

    (g)

    The amount of the contribution or advance, if any, which the city or other public entity will make toward the total cost of the public facilities project(s).

    (h)

    If the area of benefit includes lands lying within the boundaries of any one (1) or more other cities, or the County of Stanislaus, whether or not the legislative body of any such other city or the County of Stanislaus has consented to the inclusion of such lands within the proposed area of benefit, the proposed public facilities project to be constructed within such boundaries, and the assumption of jurisdiction over said lands for the purposes enumerated in this article. Said consent shall be evidenced by a resolution of the appropriate legislative body and shall, of itself, constitute assent to the assumption of jurisdiction over said lands for all the purposes enumerated in this article and shall authorize the City of Modesto to take each and every step required for or suitable for the consummation of the work extending outside the boundaries of the City of Modesto and including but not limited to the levying, collecting and enforcement of the assessments hereinafter referred to.

(Added by Ord. 2432-C.S., § 1, effective 7-10-86)