EXHIBIT 1
C. In any year in which the City Council does not change the Water Quality and Flood Protection fee rate, pursuant to the voter-approved CPI allowable annual increase, the previously adopted fee shall continue in full force and effect for the next fiscal year.
D. The City Council shall not be required to enact a CPI increase each year. 18-33 ADMINISTRATIVE PROCEDURES.
18-33.1 Various Actions.
Without a vote of the property owners, in any year the City Council may do any and all of the following: (a) discontinue the Water Quality and Flood Protection fee; (b) reduce the rate for all parcel categories; or (c) increase the rate up to or below the maximum voter-authorized rate if it has been previously set below such rate. 18-33.2 Effective Date of Fees.
The Water Quality and Flood Protection fees shall become effective on July 1, 2020. 18-33.3 Fees Collected with General Taxes.
A. Subject to the exceptions hereinafter set forth, the City elects, as an alternative procedure for the collection of Water Quality and Flood Protection fees prescribed or imposed by the provisions of this chapter, to have all such Water Quality and Flood Protection fees for each fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately from, its general taxes.
B. The Public Works Director is hereby directed to prepare and file with the City Clerk, on or before the fifteenth day of June of each year, or such other date or dates as the City Council may specify by resolution, a written report containing a description of each and every parcel of real property receiving the benefit of the storm drainage system mentioned in this chapter, except for those parcels the fees for which are not to be collected on the tax roll, and the amount of the Water Quality and Flood Protection fees for each parcel for the forthcoming fiscal year, computed in conformity with the fees prescribed by the provisions of this chapter.
C. The City Clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the City. The publication of said notice shall be once a week for two consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day.
D. At the time stated in the above-mentioned notice, the City Council shall hear and consider all objections or protests, if any, to the report referred to in said notice, and may continue the hearing from time to time. If the Council finds that protest is made by owners of a majority of separate parcels of property described in the report, then the report shall not be adopted, and fees shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels.
E. Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any fee or overrule any or all objections and shall make its determination upon each fee as described in said report, which determination shall be final.
F. 1. On or before the first day of August of each year following such final determination, the City Clerk shall file with the Finance Director a copy of the report with a statement endorsed thereon over the City Clerk's signature that it has been finally adopted by the City Council.
2. The Finance Director shall thereupon cause said fees to be placed on the property tax roll and collected by the County for the City, as hereinafter provided.
The County's tax collector shall enter the amounts of the fees against the respective parcels as they appear on the current assessment roll. If the property is not described on the roll, the County's tax collector may enter the description thereon, together with the amounts of the fees as shown in the report.
G. The amount of the fees shall constitute a lien against the parcel against which the fee has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.
H. The tax collector shall include the amount of the fees on bills for taxes levied against the respective parcels. Thereafter the amount of the fees shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.
I. All laws applicable to the levy, collection and enforcement of general taxes of the City including, but not limited to, those pertaining to matters of delinquency, collection, cancellation, refund and redemption, are applicable to such fees.
J. The tax collector may, at the tax collector's discretion, issue separate bills for such fees and separate receipts for collection on account of such fees.
K. If any parcels receiving benefit from the storm drainage system are omitted from the abovementioned report or said tax roll, either because the fee for such parcels has not yet been ascertained by the City as of the date of said report, or for any other reason, the Water Quality and Flood Protection fee for such parcels shall be collected in the manner provided elsewhere in this chapter. If the fee for any parcels, as shown on said report for the forthcoming fiscal year, should be less than what should be the fee therefor under the provisions of this chapter, the balance of such fee shall be collected in the manner provided elsewhere in this chapter. If, however, the fee for any parcels shown in the report and collected on the tax roll should exceed the correct fee for such parcels for the fiscal year, the Finance Director shall refund the excess amount so collected.