Ordinance 645
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ORDINANCE NO. 645
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AN ORDINANCE PROVIDING PROCEDURE IN RELATION
TO THE ACQUISITION OR CONSTRUCTION OF LOCAL
IMPROVEMENTS AND THE LEVY OF ASSESSMENTS AND
ISSUANCE OF ASS;ESSMENT BONDS THEREFOR
GILROY IMPR0VEMENT PRbCEDUR~ CODE
The Council of the City of Gilroy does ordain as follows:
CHAPTER 1.
GENERAL PROVISIONS
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Article 1.
Application and Effect.
1. Short Title. This ordinance shall be cited and referred
to as the Gilroy Improvement Procedure Code.
2. When Effective. This ordinance shall be effective thirty
days from and after the date of its adoption. The City Clerk shall
cause the title and a summary of the proposed ordinance to be pub-
lished once in a newspaper of general circulation in the City at
least three days ,prior to its adoption.
3. Assessment Proceedings. Proceedings for the acquisition
or construction, or both, of any public improvement or property of a
local nature 'or the acquisition of lands or easements, or buildings
or improvements or property, or any or mare than one thereof, there-
for, may be had pursuant to this Code, whether or not provided in
any general law. "
4. Pending Proceedings. This Code shall ~ot apply to any
proceedings in which, toe resolution of intention was adopted prior
to the effective date hereof, excepting pro.ce'edings ,for a supple- ,
mental assessment, a reassessment, a refund~rigand ,the curative ~ro-
visions hereof. ,," , ,
5 . Alternative Procedures. The procedur'es'provide'd in the
several artfcles or bond plans hereof are alternat).vW.
6. Code Not Exclusive. This Code is not exclusive. But
the resolution of intention in, any proceeding under an act or gen-
eral law may prOVide that such act or general law' is supplemented
by any part ov:parts hereof.
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7 . Titles . ,Titles to sections are apart of thf;l same sec-
tion. .ld,\fthenused i1na titleJ means that the,:'subject~~matt:er of
suchsecti.on is 'a part of the subjeqt matter ,'of ~the last preceding ,
section in the title of Which the w9~d "Id'~' does 'not "appear ~."Where
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two Ids appear in a title, the subject matter of such section is a
part of the subject matter of the last preceding section in the title
of which the word Id does not appear and the subject matter of all
intervening sections. 'i
8. Code Superior. The provisions of this Code shall be
controlling over the provisions of any genel'al law or act in
conflict herewith in any proceeding takenhereuhder.
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9. Municipal Affairs.
the Municipal Affairs provision
proceedings had pursuant hereto
general laws herein referred to
This Code is adopted pursuant
of the Charter of this City.
which are a municipal affair,
are deemed a part hereof.
to
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the
10. State Affairs. In the event any proceeding had pursuant
hereto shall be 'adjudged a state affair, it is hereby declared to
be the intention that said proceedings were had pursuant to the
general ,law or laws cited in the chapters or articles hereof speci-
fied in the resolution of intention therein. .
,;ll~> Single Proceeding. One or mQre acq:uJ.si tions and im-
provements or acquisi tions or improvements' may be had in a single"
proceeding.
12. Chapter Supplemental. Chapters 1, 2, 3 and 4 are sup-
plemental to and controlling over the provisions of each other
part .of this Code i& conflict therewith.
Article 2.
Definitions.
21. Acquisitions, etc. The words lIacquisition" and "im-
provementll, when used, referring to that which is done, which is to
be done, or which may be done under proceedings had under this Code,
shall be understood to be generic and as be.ing empl.oyed fC"t' the
purpose of brevity and to avoid repeti tioh, and shall refer to and':
include any or all of the' things comprehended in the rriecin1.'rlg of
the words' acquire and improve herein. ' . , ",: J .'
22. Block. IIBlockll,
block, mearisa parcel larger
street or a boundary line of
part of it.
whether it be a regular or irregular
than, a lot whiGh, is bounded by a
some other parc'~l which 1s not'< a' '.
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24. Clerk.
illCi tyl::: means' City of Gilr?y.
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II Clerkll and 11 Ci ty Clerk'l refe'r to Oi ty .~' ,
.,25,:', Contra.ctor. llContractorll means the persch, firm,
partnership, assocfa tion,'corpora tiori,orga:hiza tioD or"business
trust, 'and includes cont~aht:lng owners or their agents',,' to whom a '
cohtract for the performanc'e of any work auth.orized is 'awarded.p
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26. Council. IICouncilll or IICity Councilll means Co'V-r.cil of
the City.
27 . County. IICountytlmeans Santa Clara County.
28. Engineer. tlEngineerll and "City Engineer" refer to City.
29. General Law. The words IIgeneral law" or the word "act"
or the reference to any law or act by its title shall mean an en-
actment of the Legislature of the State of California. Unless
herein otherwise provided, said law shall be as now or hereafter
amended or codified at the time of adopting the resolution of
intention in the proceedings.
30. Lot. 'ILott', t11andtl, "piecetl, or IIparcel of land",
whether used singly or in combination, include property owned or
controlled by any person.
31. Owner. "Owner" means the person owning the fee, or the
person in whose name the legal title to the property appears, by
deed duly recorded in the county recorder's office of the county
in which the property is situated;.or the person in possession of
the property or buildings under claim of ownership, or exercising
acts of ownership over the same for himself, or as life tenant,
or as the executor, administrator, or guardian of the owner. If
the property is leased, the possession of the tenant or lessee
holding and occupying such property shall be deemed to be the
possession of the owner.
32. Parking Place. 1IParking placell includes a parking lot,
garage, or sub-surface structure, including the grading, paving,
draining, sewering, lighting or otherwise improving of such lot,
and buildings and improvements necessary or convenient for the
parking of motor vehicles, including parking meters and other
equipment and facilities necessary or convenient therefor, to-
gether with provisions necessary or convenient for ingress to and
egress from such places.
33. Paved. IIPavedll or "repaved" includes pavement of any
commonly used paving material.
34. Place. "Place" includes any public street, alley or
easement or other public property which has been dedicated and
accepted or is otherwise publicly owned according to law, or
which has been in common and undisputed use by the public for a
period of not less than five years next preceding, or which,is
sought to be acquired in any proceeding undertaken pursuan~ to
this ordinance, or which is sought to be acquired in conjunction
with any proceeding undertaken pursuant hereto.
35. Project. IIProjecttl or "improvement'! when used in the
generic sense, means the acquisition and/or improvement undertaken
in a singular proceeding.
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36. Quarter Block. It Quarter block'!, when used with refer-
ence to an irregular block, includes all lots or portions of, lots
having any frontage on either intersecting street halfway from such
intersection to the next street, or,' if no street intervenes, to a
boundary line of some other parcel which is not a part of that block.
37. street. "StrE)et" includes avenues, highways, lanes,
alleys, crossings or intersectiollS' and courts which have been dedi-
cated and accepted according to, law or which have been in common and
undisputed use by the public fot a period of not less than five years
next preceding, or which have 'been dedicated to a semi-public use.
38. street Superintendent. 'I Superintendent of streets 1I
means Director of Public Works of the City.
39. Treasurer. "Treasurer!1 means Director of Finance of
the City.
40. Work., I'Workll or "improvement 11, whether used singly or
in combination, means and includes any work which is authorized to
be done or any improvement which is authorized to be made under this
Code, as well as the construction, reconstruction and repair of all
or part 9f any such work o~ improvement~
Article 3.
Incidental Expenses.
45. Acquisition. The term "incidental expenses", whenre"..
ferring to proceedings for an acquisition, shall be deemed to mean
and, shall includ~:
a. 'The amount's 9.ward~d to the defendants by the
interlocujtory judgmehtp;
b: 'The costs of the defendants;
c. The compensation and expenses of the referees,
as allowed by court;
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d. All other costs of the plaintiff in,such ,action
and expenses incurred by it in the trial thereof, includ.
tn& the compensation paid expert appraisers and witnesses;
e. All expenses necessarily incurred in connection
wi th such proceedings for the publication, 'mailing and,
posting of resolutions, notices, and orders in any of
the proceedings;
f. For maps, plats, surveys, searbhes and ce~tifi-
cates of title to the property to'be acquired;'
g.. The compensation of the attorneys,;
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h. The compensation of the engineers;
i. The clerical, stenographic and printing expenses
incident to the actions;
,j. The es tima ted cos t of preparing and selling the
bonds; and
k. Any other expenses incurred by authority of this
Code or incidental to t1.1ecompletioh of the acquisition in
the manner herein specified.
46. Improvement. Incidental expenses, when referring to pro-
ceedings for an improvement, shall be deemed to mean and shall in-
clude all expenses necessarily incurred in the proceedings:
a. For the publication, mailing and posting of resolu-
ti'ons, notices and orders~ in any of such proceedings j
b. The compensation of the attorneys;
c. The compensation of the superintendent of work;
d. The compensation of the engineers;
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e. The es tima ted cos,t of preparing and selling the
rhonds; and ,
f. Any other expenses incurred by au~hority of this
Code or incidental to the completion of the improvement
in the manner herein specifi~~.
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Article 4.
References '
50. Resolution of Intention. The resolution of intention'"
shall specify the parts of this Code pursuant to which the pro-
ceedings therein are taken.
,51. Reference to Resolution bf Intention. In all reso-'.
lutions, notices, orders and determinations, subsequent to the
resolution of intention and the notice of improvement, it shall
be sufficient to refer to the resolution of intention by number
fora description of the work or improvement.
Article 5.
Notices.
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60. Notice~ When Expressly Provided. No notice,' nor ~riy
publication of apy notice, order, resolution or other matter, " other
than that expressly provided for .1pthis Code, shall be' necessary to
give va~1dity to arw of the ,proce~dings provided for herein.
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61. Failure to Designate Officer. Whenever any notice, reso-
lution, order, or other matte~ is required to be published or posted
or mailed, and the duty of posting or publishing or mailing, or
procuring the same, is not specifically enjoined upon any officer
or person, the Clerk shall post or procure the publication or
posting thereof~ as the case may be.
62. Publication. Notic2S~ resolutions or other documents re-
qu:j.,red to 3:be published shall be published twice j,D ,a newspaper .of
general circulation in the City. If any hearing lstherein noticed,
said hearing shall be had not less than ten days after the first pub-
lication unless a sh.orter time is provid~d by general law.
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63. Posting and Mailing. "It shall not be'necessaryto post
or mail any notice, resolution or other document or make or file any
affidavit in regard thereto.. unless no publication is provided and
posting or mailing is, necessary to provide jurisdiction. In such
event, said posting or mailing shall be at least ten days prior to
any hearing provided thevein unless a shorter time ,is provided by
general law. ~,
64. Where Posted. All documents provided to be pOuted, other
than a notice of improvement.. shall be posted on or near the Council
Chamber door or on any bulletin board in or adjacent to the City Hall.
65. JMailing. When any notice, resolutloA 6r other, document
is mailed, it shall be mailed to the property owners according to
their names aQd a~dresses ~sappearing on t~e:)~a~p equalized roll on
which city taxes are cOllecteq., , or as fileS! ,JJ~~h,:or known. ~o the Clerk.
66. Notice of Improvement. Notices of impr6vement shall be
enti tIed IINotice of ImprovE;IIlent " in letters at leas t one-half inch
in height. The Council may provide in the resolution of intention or
other 'd.ocument fixing hearing whether and where, such,noti ~e,s shall
be posted. " , '. ,,: " "
67. Certificates. The certificate of the Clerk or officer
glvlng notice by posting or mailing shall be conclusive proof of
the gi ving o~, such notice, ,.,~1].(j' no a.ff;LdaV:l t' shall be r~quir~d.
Article' 6;t.:';piipiiC and U~ili ty Property.! '.
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70. May Omit Public Property. If any lot oruparcel of land
belo...lging to the United S t;,;L i:;es, or to the state, or to any county,
city, public agent, mandatory of the government, school board, edu-
cational, penal ,or reform institution or institu~ion for ~he feeble-
minded qr the insane, is in f~se in the performance :of a Pllblic func-
tion, and front~upon thep~oposed work, or is included within th~,
district to be assessed t;o,pay the costs and exp~nses thereof, the
legislative body may.. in the resolution of intention, declare that'
such lots or parcels of land, or any of them, shall be omitted from
the assessment thereafter to be made to cover the costs and expenses
of the work.
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71. Cost on Remaining Property. If any such lots or parcels
of land are omitted from the assessment, the total expense of all work
done shall be assessed on the remaining lots or parcels of land front-
ing on the work, or lying within the limits of the assessment district,
without regard to such omitted lots or parcels of land.
72. Payment. If the Council, in the resolution of intention,
decl~res that any lot or parcel of land so owned and us~d shall be
included in the assessment, then the city shall be lia~le for such ,
sums as may thereafter be so assessed excepting for such portions as
it shall by agreement collect from the entity owning same; provided~
however, that' when such property is subject to assessment as provided
in section 5302.5 of the streets and Highways Code, the provisions
thereof shall apply.
73. ~tility Property. Property owned or used by any privately
owned public utility shall be assessed in the same manner as other
property in the district.
Article 7.
Contributions and Advances.
80. Contributions. Contributions or partial payments from
the United States or the state or any agency of either, or from the
County, may be accepted and the same or any available City moneys
applied to any part of the costs of a project at any time ,during or
'after the proceedings "and applied in reduction of the amount assessed
or to be assessed therefor. - '
81. Purchase of Assessment, Warrant and Bonds. In any pro-
ceeding had hereunder, the City may declare in the resolu~ion of
intention that it intends to purchase the assessment, wa~rant or
bonds to be issued therein.
82. Id'. - Payment. The City shall, upon the if?suance of the
assessment, warrant or bonds, as the case may be, pay to the con-
tractor, who shall have been awarded the contract to do the work in
such proceeding, in case of public improvements, or into court, in
case of acquisition proceedings, the principal amount the~eof.
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83. Id. - Bonds.
payable to bearer.
84. Id. - City. In such case, the City shall succeed to all
'rights under such assessment, warraht and bonds~
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SU'eh bonds, when :issued shall be made
85. Id. - Subsequent Purchase. The Cit;.y shall have ,like ,power
'to subsequently acqUire and own any bonds or assessmeI1tsorcontract
issued ,or levied or made hereunder, or nowiss.:u..ed and .outstandi~g,
for any 'improvement and/or 'acquisition of .the.,:City.
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86. Purchase' and Sale of Delinquent Pl?op;erty. The G1 ty ,~ay
bid and purchase a~y real or personal property offered for sale for
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,- the non.;.payment of any improvement assessment levied and assessed
"under any of the' provisions of this part3 or of any installment
thereof, or penalties or costs or interest thereon, or any suit
brought to, foreclose such assessment.
r87. Id. - Sale~ Whenever any property shall have been acquired
by the City at any suCh sale, then such property, or any lien thereon
or interest therein created by such assessment, may be released,
assigned, sold or otherwise disposed of by City as it shall determine;
provided, however, that no such release3 assignment, sale or other
disposition of any such lien or interest, or of any such property,
shall be made unless there shall be first paid to City a sum of money
equal to, and not less than the amount paid therefor by City, together
with all accrued penalties, costs, interest, and necessary expenses
incurred; provided3 further, that if any lien or interest, or property,
cannot, as determined by Council, be sold for'the amounts or charges
computed as herein provided, then the Council may by four-fifths vote,
of all its members, sell any such lien or interest or property for
the best price obtainable according to its judgment.
Article 8.
Force Account.
90. Force Account. The Council may, by resolution adopted by
a four-fifths vote of all its member.s~ determine and declare that in
its opinion the work in question may be more economi~ally and sati~':'
factorily performed by day labor, and/or the materials and supplies
purchased at a lower price in the open market.3 and to order that the
same be done by' force account, in the manner herein stated, without,~
further obse~vance of the p~6visions hereof with reference to the
award of contract, or execution of contract or bonds.
91. Ci,ty Engineer. In such case the City shall,. have the same
rights as a contractor, 'and such work and improvements shall be di-,
rected by the City Engineer. ' ." ,,:
92.' City Rights. When such work shall have been completed,:
the City shall become the owner of the assecsment made to pay the cost
thereof, and of'al1 bonds issued thereon, with like power of'enforce-
ment as if held by a contractor. No warrant need be issued'in such
case.
93. Payment. The Superintendent of Streets or other city of-
ficer designated by th~ Council is authorized3 after the assessment
and diagraJ:n'J'shall have '.been recorded, to collect and rec_eive payment
of the several amounts" due thereon in the manner proviq.eei"-;in such act
under whi'dh the proceE;'cF!ngs shall have 'been taken' for, and in the
place of, such contrac'tor, and his staitement ofj:'paymentsreceived,
when filed, shall const~tute and ,be in lieu of, the contractor's re-
turn of .'the warrant ana',.:sta:t,ement, of paymemts,:rec'eived..
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94. Bonds, Such bonds, when issued, shall be made payable
to bearer.
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Article 9.
Revolving Funds.
100. Revolving Fund. In the exercise of any of the powers now
or hereafter provided for in this part, including the right to take
immediate possession in eminent domain proceedings, .the Council may
create, use and reimburse a revolving fund or funds.
101. Procedure. The revolving fund may be established,
operated, reimbursed~ reduced or dissolved, in which event Article
2, Chapter 3, Division 4, Title 4 of the Government Code shall apply.
Article 10.
Assessment and Diagram.
;,110. Assessment. Parcels may be described as contained on"
the assessment roll on which City taxes are collected, or with
reference to recorded maps or deeds or assessors maps, or by other
means sufficient for identification.
Ill. ,Diagram. The diagram may describe the property in
reference to or be copies of official maps or assessors maps, or
be otherwise sufficient, to identify the several parcels thereon.
It shall not be necessary to show thereon their relationship to
the acquisitions or improvements.
CHAPTER 2. GENERAL PROCEDURE
Article 1. Protests.
120. Protests. Objections may be made to ordering improve-
ments or acquisitions, or to grades, or to an assessment, or the ex-
tent of the district, or to any supplemental assessment or reassess-
ment, the legality of any act or proceedings; or to changes, or to
any part of any thereof, at or before the hour set for hearing thereon.
121. Form. Protests shall be in writing, usigned by the pro-
testant,.contain a ,description of the property:owned by him suffi-
cient to identify same, and state their interest therein and the
nature of the protest, and be filed with the City Clerk.
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122. " 'Legality. Ob.jectionsto legal! ty shall: specify the il-
legality and no other illegalities need be considered'.
123. Majority Protests. The Council, by th~ affirmative vote
of four-fifths of its members, may overrule protests by the owners
of more than half the area to be asse~s~d. _
Article' 2.
'-Hearings.
130. ,Time. No hea.ring need, !be set for a longer period
than the time required f'or giv.ing notice', thereof. '
131. Hearing. At the hearing the Council spall consider
and pass upon :the protes ts, may remedy or, correbt'~dy;,irregulari ty,
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and may order any improvement or acquisition to be completed accord-
ing to the plans and spec~fications and to their.satisfaction.
132. Continuances. iA hearing may be continued. Where any
matter is noticed for hearing and is not heard it shall be deemed
submitted and may be acted upon at any subsequent meeting.
- Article 3. Modifications.
140. Modifications. During the progress of the project,
the legislative body may make changes in the improvements or acqui-
sitions, the boundaries of the proposed assessment district, or
the) as.sessmerit or the estimate of' co'sts, or in. any of. the proceed-
ingsorprocedures. '
141. Notice. Where said changes result in extending the
boundaries of the assessment district, increasing the total amount
to be collected, or increasing improvements or acquisitions or
making substitutions therein, or in the pr<>c'eedings or procedures,
they shall not be ordered except after notic~ of its intention so
to do published by' two 'insertions in the newspaper in which the
resolution of intention or notice of impr.ovement was published,
describing the proposed changes and specifying the time and place
of hearing, the first of which shall be at least ten days before
the day of hearing.
142. Protests. Protests may only be made against the
proposed changes.
143. Order. If no pro!tests are made, or are fourid( to be
insufficient, or have been ov~-rruled, immediately thereon the
Gounci 1 may order such change s . '
144. Record.: Said changes may be made upon the face of the
plans, specifications, estima.te, diagram, assessment or other docu-
ment affected, or byr:an am'ended o~' supplemental docum~n~ ' ,
145. Lien. The lien date of the original assessment shall
'nbt be aff.ecteaoy such order. The lien date of such 9hanges
shall be the date on which the orig'inal assessment was 'recorded.,:;'}
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, Article 4.
Supplemental Ass~~smE;!.rrv~,),:"1 . ".
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150. Supplemental Assessment'. If the f:l,rstr,~ssessment for
any improvement or acquisition, or if the bonds issued to pay all
costs, damages and expenses incurred or to be incurred, including
any judgments rendered, or to be rendered, and the costs and ex-
pensesLof '.such action 'or proceedfngs, or the estima'.te<fl: amount of
any thereof" are insufficient, the Cduncil may orde:t asUpplemen;..
tal assessment to raise such deficit.
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,: '1'5J:. How Levied. Said assessment shall be made and __,' 'f
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collec ted in the same marmer, as nearly as may ble; as the firs t
assessment, or a reassessment may be had theretor, and said
proceedings may be repeated until sufficient money is raised to
pay for same.
152. Notice and Order. ~otice shall be given, protests
may be made, and said supplemental assessment heard, confirmed
and recorded as herein provided for modifications.
153. Payment. Proceedings 'for notice, demand and 'payment
shall be had as provided for the original assessment.
CHAPTER 3.
CURATION
Article 1. Curation.
160. Constitutionality. If any section, subsection, sen-
tence, clause, phrase or word of this Code is held to be un-
constitutional or invalid, such decision shall not affect the 1
remaining portions of this Code. The Council hereby declares that
it would have adopted and passed this Code and each part, chapter,
article, division, section, subsection, sentence, clause, phrase,
and word hereof, irrespective of the fact that anyone or more of
other parts, chapters, articles, divisions, sections, subsections,
sentences, clauses, phrases or words hereof be declared invalid
or unconstitutional.
161. Waiver. All objections not made within the time and
manner herein provided are waived.
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162. Orders Final. All decisions and determinations of the
Council, upon notice and hearing, shall be final and conclusive
upon all persons entitled to appeal, as to all errors, informali-
ties, omissions and irregularities which might have been avoided,
or which might have been remedied during the progress of the
proceedings, or: which can be remedied, and as to illegalities'
not amounting to a want of due process of law.
163. Notice of i\ward. The notice to pay asseSSments under
the Street qpening Act of 1903 or Municipal Improve~?nt Act of
1913, and'a notice confirming assessment or reassessment! under
any other procedure herein, shall have like curative effect as
the Notice of Award under the Improvement Act of 1911. '
164. Liberally CQnstrued. This Code shall be liberally
construed in order tq' e:ffectua:te its purpose . No error, irre-
gularity, informality, omission or illegality, and no neglect
or omission of any officer ,in 'any procedure taken hef:etinder,
which does not direct~y!af.fect the jurisdiction of the legisla-~. '
ti ve body: to order, the .~ork or improvE;!men t, shall vQid"erinvali-
date such proceedipg or any assessment fQr the cost.iQf,a:ny\work .
or acquisition hereunder. ,Thee:xclusive'remedy of ,any person
affected or aggrieved thereby shall be ::by appeal tot'he ,i' '
Council in accordance with the provisions'hereof.
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165. Validity. No step in any proceeding shall be invali- I'
dated o,raffected by any er~or or mistake or departure from the
provisions of this Code as td the officer or person posting o~.
publishing or mailing, or procuring the publication or posting ,
or mailing, of any notice, resolution, order or other matter
when such notice is actually g~ven for thl3 time required.
166. Effec t of Pub lication. No assessment, reassessment,
suppLemental assessment, warrant, diagram or bond, or any of
their levy or issuance, and no proceedings ,for same, shall be
held invalid by a:lY court for any error, informali ty, omission ~.
irregularity, illegality or other defect in the same, where the
resolution of intention or notice of improvement have been ac-
tually published as herein provided. "
l67.D~dicatinn., No proceed~pgs shall be he~dto be in~
valid ,upon 't:he ground, that the prop~rty UpO~1 whicl~' the work 0:1;
i~provement or part thereof is to be '6r wa~done, had not been
lawfully dedicated or acquired, providedt;pe same shall ha'{e been
lawfully dedicated or acquired or all order tor immediate posses-
ion and use thereof shall have been obtained at any, time before
judgment is entered in any legal action.
168. Limitation of Actions. Nu action, suit or proceed-
ings to set aside, cancel, void, annul or correct any assessment
or reassessment, or to review any of the proceedings, acts or
determinations in any proceedings, i1.' to question t~e validity
or to enjoin the collection of any assessments or reassessments
or supplemental assessments sh~ll be maintained by,any person
unless such aC,tion, sui t or proceedings shall have ,been commenced
wi thin thirty, days after the acquisi tion 01; " irpprove~ent had, be~n,
ordered or su~h asseSSffi'3nt shp).l have been confirmed~ ,
169. Id. - Ad Valor,em. :',V7here such proceedings' 'are foX an.,
ad valorem levy, the period shalL be thirty days after tn,e o.r- <,
dering of said levy with reference to said levy as to any levy,"
and, ,;tl).irty days after ordering the issuance of ~aid: bonds wi th
reference to their issuance as ,to any bonds. If suifb/actiolj. or
sui t : i:s,not ~.r.ough t wi thin, the time herein specified, all., persons
sha11,be ba.:I;reCl 'troIn any such a,ction. ' , '(' ,,'
170. Id. - Defense. No defense based on invalidity or ir-
regulFrity in any such proceedings shall be ratsed or pleaded
after'the expiration of such thirty day period:. ,,' ','
17+:., Va.lidatin~ ProGeeding. The ~ity C'bun~\~J,; at any time;'
afte;r, tl1~,)?-doption 0 the :l;e901ution, of intentioi;1., ,the propos~d, ii.,
contra~toJ;, p.t any time ~,fter the aWC;l,rdof the cCJ.)t:l;act to him" ,
or the, P:l;,oposed purchaser :9f i .the warrant or any 1;>pnds to be :,:'
issued, at. any time,after'!;:he assignment of said wp.rrant or ;',
award of said bonds, to, him, mCiY bring an ae tion':i,.n the Superior,;
Court of the State, of California in and for the COl,lrity in, vlh~ch;'
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it is situated, to determine the validity of any such proceedings
and of such proposed contract, or of the assessment or tax levied
or to be levied, or of said bonds issued or to be issued.
,172. Procedure. The validation procedure of the Improve-
ment Act of 1911 shall apply.
Article 2. Reassessment.
180. R2assessment. If in the opinion ,of"the Council, any
assessment heretofore or hereafter issued is'void or unenforce-
able, for any cause, or if bonds are issued to represent or be
secured by any assessments and such issuance is not effective
through the curative provisions applicable thereto to make
them valid and enforceable, or if the previous assessment or
bonds are insufficient to pay the cost or estimated cost of
the project, or if the Council shall determine that the public
interest will be served thereby, a reassessment may be had.
181. Uncompleted Improvement. Where the assessment was
for an uncompleted improvement a reassessment may be had not-
withstanding the improvement is not completed. In such case the'
reassessment shall assess upon tpe lands benefited the benefits:,
derived frornthe improvement qrtobe derived from the improve;"';
mentwhen completed.
;.-;
182. Hhen and How Much. The'r'eassessment shall be made
upon the demand of the contractor or pis assigns, or the owner
or holder of bonds aggrega til1g one,-thiro. of the principal amount
outstanding, or upon order df the legislative body, and shall
be made in the manner and form proyi9-ed by the Improvement Ac,t of
1911 and Improvement Bond Act of 1915. Nothing contained i'
herein shall prevent the Council from ordering a reassessment
on its motion, and its d~ci~10n so'to do shall be final.
" ,183. Interest. In the resolutidn ordering the reassess""
ment, the Council shall determine whether said reassessment
shall include interest, and if so, the rat,e,at which and the
date from which it shall be computed. "!ri~~lie'Ut:he:te-0f , it may'
order that the reassessment shall bear interestati,a rate and
from a date certain.
184. Payment. If the bonds have not been issued, or if
the bonds outstanding are not to be replaced by new bonds,
proceedings for notice to pay, demand and payment shall be had
as provided for the original assessment.
CHAPTER 4., J;..1-EN
Article 1. Nature and Extent.
"j,
190. Priority of Liens. The lien off~xed lien assessments
levied or bonds issued under this Code or any law referred to
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here,ln,', shall be subordinate to all such assessment liens and the
lien of such bonds previously imposed upon the same property, but
shall have priority'over all such'lioDssubsequently imposed upon
the sam~ property, to be determined by the date of adopting the
resolution of intention. Bonds issued upon a reassessment or a
supplemental assessment shall have the same priority as that of
the original bonds.
191. Duration of Liens. All such assessments, reassess-
ments and ~onds and each installment thereof, and the interest,
costs and penalties upon same, levied 'heireunder, shall continue as
, .'
liens against the lots and parcels on which they were levied and
imposed, as provided in the Code of Civil Procedure.
CHAPTER 5.
ACQUISITION ANI) IMPROVEMENT PROCEDURE.
Article 1. 'Investigation Proceedings.
201. Necessity of Improvement. When it appears that the
public convenience and h~cessity require an acquisition 'and/or' im-
provement and proceedings should be taken without complying with
the p~qvl~ions of the 'Special Asse~sment Investigation, Limitation
and MaJor~ty Protest Act of 1931, a pUblic hearing shall be held
on the said question of the public 'convenience and necessity there-
for which shall be called and notice of the time and place thereof
shall be given in accQrgance with the provisions of this article.
. . l ;:' :' ~. . ," < ,
202. Preliminary Determination of' Necessi ty. "'A resolution
of preliminary determination shall be adopted describing in gen-
eral terms the proposed imprbvement or 'acquisition. Said resolu-
tion may be consolidated wi th'the resolution" of int'ention. The
Council shall, by resolution~ set a time' and place 'when and where
any and all persons interested may appe'ar add show Cause , if any
they have, why the Council should not find and determine that the
public>convenience and necessity require the proposed acquisition
or imprOVement without compliance with, sai~ Investigation Act.
203. Notice,and'Hearing. Notice of the time and place of
said Qearing shall,:be gi \Ten by publication in one 'or more issues:
of a newspaper published and circulated in the Cit;)i and by'post-
ing in such place or places as the Council may direct. The said
posting and th~ first publication shall be had at least ten days
before the daY' 'qf. :sciid 'hearing. Said notice may be in('orporated
in th~,notice of impr9vemedt, or in the resolution .of Intention '
when it is published. ' , , ",}
204. Objections. Any person interested may object to un-
dertaking the proceedings without first c.omplying with the pro-
visions of the said Investigation Act.
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205. Final Determination of Necessity. If no protests are
made, or when the protests shall have heen heard and over-
ruled, the Council may adopt a resolution finding and determin-
ing that the public convenience and necessity<require the pro-
posed improvements and/or acquisitions, and that the
Investigation Act shall not apply. The finding may be
incorporated in the,resolution ordering the improvement and/or
acquisition. "
206. Modification. When proceedings are had for a change
and modification, the resolution of intention to change and
modify shall be deemed a resolution of intention and the resolu-
tion ordering the changes and modifications shall be'deemed a
resolution ordering the improvement or acquisition as to the
changes and modifications.
207. Jurisdiction. The resolution determining the conven-
ience and necessity shall be adopted by the affirmative vote of
four-fifths of the members of the Council, and its finding and
determination shall be final and conclusive.
203. Nonapplication. This Article shall not apply to a
proceeding which is excepted from the provisions of the said
Investigation Act, or when the investigation proceedings have
been avoided or taken pli.-t'suant to said Act.'
209. Finality. Where proceedings for any improvements
and/or acquisitions or any part thereof have been undertaken with-
out compliance with the Investigation Act or without proceedings
under this Article, proceedings may thereafter he had ,under this
Article with reference thereto, and the order of the Council
determining convenience and necessity therein .shall, be final and
conclusive.
Article 2. 'Improvement Act of 1911.
210. Powers. vJhen proceedings are taken pursuant to this
Article the Improvement Act of 1911 shall apply.
211. Cash Assessments Alternative Collection. As an al-
ternative method for the coilection of cash assessments or
assessments of less than ,$50.00 levied under the provisions of
this Article, the Council may, and upon the written request of
the contractor or his assigns must by resolution adopted at or
before the first day of September, direct that such:assessments
be collected upon the tax roll upon which general taxes are
collected for the City.
212. rd.';', 'Re-solution, Contents. The resoluti'on shall,
contain a description of the properties so assessed1; ,the amount
of such assessments, together with interest thereon from the date
of filing the original list of unpaid assessments and at the rate
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ofolleper cent per month to the next succeeding thirty-first
day 'of December,o.f the tax year for which such roll. shall have
been prepared, and the total amounts of principal and interest
on each property. t, :
; " r' t
213.; I.d. ,- FLliing 0 A certified copy of said resolution
shall be delivered ;,immediately to the officer designated by law
to extend City taxes upon the tax roll on which they are collect-
ed.
214. Id, ''!" Extension on Roll. Said officer shall extend
upon such roll :.the total amounts ofLsuch assessments ,and interest.
215. Id. - Collec tion. Said: amounts shall be collec ted
at the same time and in the same manner, as general municipal
taxes are collected, and be subject to the same penalties and
interest, and to the same procedure :under foreclosure and sale
in case of delinquency, as provided'for,general municipal taxes,
all of which laws for the 'levy, enforcement and collection of
which are hereby made applicable to such special assessment
taxes.
216., Id" - PaymenU'.rto Contractor.
interest 'soert,tered shall become due and:
or his assigns at the office of the City
day of January next succeeding.
217." ,Id. ,.,.: Default. Upon default in payment, the lands so
assessed ,shall, p,e ,sold in the same manner in which real property
in .suchCity: is. risold for, the, non-paymen t of general mtm:icipal
taxes, iand be s,ubject to redemption within one, year from the
date of sale in the same manner as such real property is redeem-
ed from such delinquent sale, and upon failure of such redemp-
tion, shall in like manner be sold or pass by deed to the City.
The City shall not, however, be required to pay into the assess-
ment fund any part of such delinquency until such property be
redeemed ,or sold and money received ,therefor.
S<aidassessmentsand ,the
payable to the contractor
Treasurer on the second
,
I
I '
I
218. Id. - Id. - Resale. Upon receipt of such dr';d the
City shall thereupon offer and sell such property at public
auc tion in the manner provided by ,law for:n the sale of:i ts tax
deeded property, and the amount of said assessment arid the pen-
alties and interest thereon less the costs :of said sale shall
be paid to said contractor or 'his assigns.
219. Id. - Id., - No Bidder. In the event there shall have
been no bidder offering the amount then due on such property,
it may, at the City's election, be declared sold to the owner
of such assessment, and in like manner be deeded to him, and
such assessment ordered satisfied of record. i :'"
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i).J;::, J
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Article 3.
Street Opening Act of 1903.
230. Powers. When proceedings are taken pursuant tq this
Article, the Street Opening Act of 1903 shall apply.
231. Closing. Said proceedings may be for closing or aban-
doning any street or easement, and the Council may therein determine
that no assessment is necessary.
232. Resolution of Intention. The ordinance of intention
shall be called a resolution.,
233. Notice of Improvement. The notice of improvement shall
be so called and no map need be contained therein.
234. Cash Assessments, Alternative Collection. Cash assess-
ments or assessments for less than $50~00 may be collected as
provided in the alternative procedure of Article 2 of Chapter 5
hereof.
;,
, Article 4.
Municipal Improvement Act, of 1913.
, ,
, ,
240. Powers. When proceedings are taken pursu(in;tto, ,this
Article, the Municipal Improvement Act of 1913 shall apply.
.' ;
. .
241. Existing Works. Works or improvements which are exist-
ing or under construction, may be acquired for the value. th.er~of
to be determined by the Council, or by Engineer's certificat~s.,
242. Hearing. The hearing on therepo'rt need not' ,be set ,"
for more than ten ( 10) days beyond the day o:f setting. ' ' .' ·
: :
243. Payment - Time. The: t'ime p~~Yldedfor payment of
assessm~nts may be thirty (30) days., '
244. Id'. - To Whom. Payment shall be made to the City
Treasurer unless the Council shall specify s.ome other officer to
whom payments are to be made.
245. ,Em,inent Domain. Pnoceedings in em~nent domain may be
exercised ul1der: the C9de of CiviL Procedure .
246.' ,':, Stipula tio~s for Judgment., Stipulations an~proceed-
ings thereon for judgment may be ha,d,as provided in :the'Street:
Opening Act of 1903.
r '.. .
247. 'Offset. Awards ,and assessme.nts" may be o'ff:set as pro-
vided in the Street Opening Act of 1903.
248. ,Refere~s. Reference 'to 'referees may be had as pro-
vided in ,the Str,eet Opening Act of, 1903 >
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249. Refunds. 1:Jhere surplus is not used for maintenance
of lLl.::: improvement and is ordered refunded and the assessment'
or any installment thereof has been paid in cash, the portion
of the surplus applicable thereto shall be returned in, cash to
the'person paying it or the installment thereon upon his furnish-
ing satisfactory evidence of such payment. Otherwise, it shall
be paid to the owner of the land upon which the assessment was
levied, as such owner appears from the last equalized assessment
roll at the time the refund is made or such owner as known to
the Director of Finance. The determination of the Director of
Finance as to the sufficiency of such proof and the person to
whom such money shall be paid shall be final and conclusive.
Article 5. P~rking Districts.
260,; Parking Place. Parking place includes a parking
lot, garage, or sub-surface structure, including the grading,
paving, draining, sewering, lighting or otherwise improving
of such lot, and buildings and improvements necessary orconven-
ient for the parking of motor vehicles, including parking meters
and other equipment and, facilities necessary or conv~p:Lent
therefor, together wi th provisions necessary or convenient for:: ;'
ingress to and egress from such places.
261., Power. There is hereby vested in theG'ouncil the
power, to,acquire; construct, reconstruct, install, extend, en-
large, repair, improve, maintain and operate public automobile
parking: places within'the City; to acquire, by purchase, lease
or eminent domain, the lands and public rights of way necessary
or convenient therefor, to acquire and construct public improve-
ments and ,equipment and 'facilities necessary or co~venient there-
for, and to levy assessments and issue bonds to pay for the cost
of the whole or any part thereof and the expenses incidental
thereto.
262. District. The whole, or any portion, of sa~d City
may be formed into an improvement and/or maintenance district
and asse,ssmIents may be levied upon, and honds may be issued'
against, the properties therein for the purpose of paying for
the costs of acquiring, constructing, reconstructing, install-
ing, extending, enlarging,: ,:repairing ,improving, mair:itaini.ng ,
and operating parking places , "and the expenses incidental ther€":~,
to. Proceedings for the formation of such district or districtsd
levying such assessments and issuing such bonds, shall be had as
provided ,in Chapters 5, iand6of, .thisGode. " __ ' ,
263. Property. The City may purchase, lease, obtain,
option 'upon, acquire by gift, grant, beque,st~ devise'ueminent
domain, or otherwise, and hold, sell, 'lease, exchangei,' transfer,
assign, or otherwise dispose of, any real or personal property
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within the City, or any interest in, or improvement on, such
property. All property shall be acquired and held in the name
of the City.
264. , ~,i t.y Lands'. Ci ty lands or property may be acquired.
In such event, the resolution of intention shall describe same,
and.statethe amouht and manner of payment of the compensation~
In lieu ,thereof, the Council may provide in said resolution that
the compensation for said property shall be an amount to be
fixed by th~ de,cision of two of three disinterest,ed competent
appraisers to be appointed by the City Council. '
265., Sal~. of Property. The Council may sell any property
'/J ; acql..1irec;1for ,par'k:i..ng places which is not needed therefor. Any
money received from such sale may be used for ,the acquisition,
construction or improving of other parking plates in said dist-
rict. It may al~o'be applied as a credit on any assessments
levied for the acquisition of, such property, in which case the
provisions ,of Sectifon 249 shall apply. "
266. L~ase of Property . Hhen, An its opinion, the pub lic
interest and economy will be served t;:l;1ereby, the'Council may
lease one or more parking places and facilities. In so doing,
the Councilmqy restrict or partially restrict their use to
owners and tenants of real property,in the dis~rict'and classe~
of persons designated by such own.~r,s 'Or tenants':., ' "
267. Surplus Space. Surplus space maybe rented or devoted
to commercial uses other than fortbe parking of atitomobiles,wh~n
in the Council's judgment it is necessary or 'converiientto con- "
duct or pe,rmit such use in order to ut::i..lize properly the pr.operty
as ,a parking space. Rentals ,received for s1~ch purposes shall be
deposited in the improvement fund or ,in the operating fund ,or; in.
the bond interest and 'redemption fund; f01=" said project as 'the i,
Council shall determine. ' , . ,
268. Fees and Rentals. The Council'may :r:1X 'rentals, fees,
or other charges for the properties, works arid facilities of any
parking place. In so doing!,i t may es ta1;>li sh rates, charges or
rentals for the owners' and' tenan,ts ofu:such properties and
classes of persons designated by the owners ot tenants which
differ from and are less than the rates, charges arid rentals
charged other persons. ' ';
269. Operation. Such parking places may be maintained
and operated, and all or any costs and expenses thereof, includ~
ing ,rent, repairs, replacement, fuel, power~' elee tti.'ca'l' current,!,
care, supervision, and any other itel11snecessary for the proper
maintenance,.and operation thereof, may be :expended;,for tHat
pl.,1J:"pose. lrkluded in stich COSitS' may b~the cpst bE ~eptacernentiS,
irnprovernepts arid" extensions to' ,aF),yparking place'n'~~ess~:ry or
convenient' for the proper opera'tii<:m: ther.~of. '.I' ' '
":;:(j ,1("1
.1'~:'ilJ,.1 -,J~,tt'.'
" ,-19-
270. Maintenance Cost. 1111 annual assessment may be
levied upon the real property within the district established
therefor for the purpose of maintaining and operating such
parkiHg places. Such assessment spall be in an amount clearly
sufficient to pay any and all costs and expenses of maintaining
and operating ,such parking;places then due or thereafter to ac-,
crue before the proceeds of another levy shej.ll be available there-
for. Such levy, shall be apportioned among the properties within
such district on the basis of the ad valorem value of such land
as shown on the last equalized secured and utility tax rolls upon
which City taxes are collected.
271. Annual Report.,' vJhen any part of the operative cost
is to be paid by a special levy, the Ci ty L.dmil1~otrc tor shall ann;ually
file with the City Clerk a written report stating in reasonable
detail the estimated cost of maintenance and operation for
which an assessment is to be levied in that year, including the
cost of replacements, improvements and extensions to any parking
place. It shall also state the rate of the levy to be made
there~or. When such report shall have been preliminarily approved
by the Council, the Clerk shall give notice to interested per-
sons that such report has been filed in his office and open to
inspection, and of a time and place when such report will be
heard by the Council-and an assessment ordered. Such notice
may be by publication in a newspaper ,published in the City, or
by mail to the last asses sees of the property at their addresses
appearing in the last City tax roll; ,or as known to the Clerk,
at least ten days before the'. dayset,.ifor hearing.
272. Hearin~ on Re~ort. The report shall be fully heard,
and may be altere , amen ed or supplemented by the Council.
When all objections have been heard and action taken with refer-
ence thereto, by'their ,having heen overruled or otherwise, such
report shall be confirmed by resolution of the Council. Such
levy shall become and remain a lien on the property described
therein from the date it,is, confirmed until paid.
273. Id.'- Collecting Assessment. , The officer who per-
forms such duty shall compute and extend the amounts there.of
in the next tax rolls on which City taxes are collected, and
it shall be collected in the same manner, and be subj~ct tQ,th~
same penalties, costs and interest, and may be redeemed, 'and the
property sold for non-payment thereof, and title shall pass to
the purchaser, as provided for Ci ty taxes, except that ,;the p~r-
iod of redemption shall be one year inStead of five 'i "
274.; Transfer of Funds. The City "may advanc,efunds f,or' , ,,"
the acqui.sition,coustruc tion Olr improving of such pC).x;ki9g: plej.ces.~,
or for the':rnaintenance and operation thereof, and re,imburse " ,
itself from:' the proc'e:eds of any a,ssessment subs~quen'tly l'fyied
for that purpose. I t may also, make contributions tl;'lereto ;from
available funds.
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275. Pledge. The Council may~ at any time, make such
pledge or pledges as it shall determine, for the payment. of the
principal and interest of the bonds, or for the maintenance and
operation of the facilities acquired or to be acquired therewith,
or fo~ adequate reserves, from the income and revenue of on and
off street parking facilities.
276. Covenants. The Council may provide all proper and
usual covenants for the proper security and payment of the prin-
cipal and interest of the bonds.
277. Alterat~on of District. The boundaries of such dis-
trict may be enlarged from time to time. The territory to be
annexed shall be set forth in a resolution of intention to be
adopt.ed by the Council, which shall give notice that said matter,
and all persons interested, will be heard by the Council at a
time to be stated therein, at the regular meeting place of ~he
Council.
278. rd. - Publication. Such resolution shall be publish-
ed twice in a newspaper of general circulation published in the
Ci ty, the firs t of which s:hall be' at Ie'as t ten' days before the
date fixed for hearing. "
279. rd. - Hearing. The hearing may be adjourned from
time to time. At the hearing the Council shall have power to
determine whether or not the entire territory, or only a portion
thereof, to be annexed will be benefited by being annexed.
280. rd. - Order. The Council, shall by resolution order
the annexation of such terri tory, defining it's ,boundaries. there-
in. Its decision thereon shall be final and conclusive.
281. rd. - Effect. Thereafter the property annexed shall
be subject to special levies for maintenance and operation and
for any ad valorem bonds issued for the acquisition orconstruc-
tion of said improvements.
CHAPTER, 6. ASSESSMENT BOND PR.OCEDURE
Article 1. General Provisions.
.300. Purpose. When bonds are to be issued in any proceed-
ing had and taken in connection wi.th any publicimp:rovement,
and/or acquisition, and/or immediate possession, and/or street
closing, pursuant to this Code, the sameshcill be'issued, paid
anq collected in accorqance,with this Chapter.
, '
. . -.. .". .
.\
30L"Declaration' in ,Resolution of i"ntetttion.' ~'Jhen 'the ,,:
Council shall have determined that bonds shall be Issued to
represent the cost and expenses of any proposed work or improve-
ment or of the possession or acquisition of any property in any
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such proceeding, it shall so declare in its resolution of intention
therefor, and shall specify pu~suant to which plan herein provided
such bonds shall be issued, the date of their maturity following the
date of their issuance, the interest rate which they shall bear,
which shall not exceed six percent per annum; provided, however,
that such interest rate may be stated to be not to exceed a rate
stated therein.
302. Form of Bonds. Whenever any bonds shall be issued pur-
suant to anyone of the plans herein provided, such bonds shall be
substantially in the f6rm provided in the p~rticular plan specified,
with such appropriate changes in.th~ wording of such bonds as to show
that they had been issued pursuant to'such plan of this Chapter.'
303. Date. The bonds shall be dated as the Council shall'
determine; provided, that in a proceeding had pursuant to Article 2
of Chapter 5, the written consent of the contractor and his assigns
shal'l'ibe obtained, before delay~ng, their date.
304. Interes't:' iThe interest shall be computed from a date on
or after the 31st day following the recordation of the assessmerit;
provided, however, that in a proceeding had pursuant to Article 2 of
Chapter 5, the written con'sent of the contra,ctor or his assigns shall
be obtained.' ' ' ; , , '
305. Series. The bonds shall be made to mature' in such annual
serial amounts as the Council shall determine.
306. Divisions. The bonds may be issued in more than one
division having different dates and dates from which interest shall
run.
307. Execution. The signature on the interest coupons anq
all signatures excepting one signature on the bonds may pe by
printed, engraved or lithographed or other process. '
308. Sale of Bonds. When any bonds issued hereunder are to
be sold, they may be sold by the Council as it shalt determine. The
proceeds of such sale shall be placed in the City Treasury to the
credit of the fund for'~hi~h they had been issued, and shall be ap-
plied exclusively to the purposes and obtjects there~f. '"
, . , ~ . ~ ;
309. Premium. If any bonds be sold for an amount in excess
of par", such 'excess shall be paid into the fund for the impr()veine;ht,
unless the Council :shall otherwise determine. ,i ';": ' ,:',,'
310. Registration - Against Theft. Bonds may be regi$tered
against theft, in whic,j.1. event Article 7, Chap,t.er 4, Divisiori4,
Ti tIe 4 of the Governin~nt Code shall apply.' ;
. ~. : !'
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311. Id. - Delinquent Bonds. Bonds may be registered for non-
payment, in which event Article 2, Chapter 3, Part 1, Division 1, Title
5 of the Government Code shall apply.
312. Id. -Lost Bonds. New bonds or coupons may be issued to
replace lost or destroyed bonds, in which event the provisions of
Article 3, Chapter 3, Part 1, Division 2, Title 5 of the Government
Code shall apply.
313. Payment of Assessments with Matured Bonds and Coupons.
Payment of all, or any portion, of any assessment taxes levied to
pay the principal or interest due, or to become due, on the bonds of
any district formed under this Code may be made.with matured bonds or
matured coupons of such district. Such bonds and coupons shall be
accepted and treated as cash, and when so received shall be cancelled,
and the interest and sinking fund of such district shall be credited
with the face value thereof.
Article 2.
Bond Plan A. ,Lot Bonds.
320. Powers ~ When ~bonds'" are issued pursuant to this plan,
the b.ond provisions'of the Improvement Act of 1911 shall apply.
321. Interest. When the assessment was levied under Article
2 of Chapter 6 hereof, interest shall run from the date of filing
the list of unpaid assessments. 0t~erwise, interest shall run from
a date to be determined by' th~ Council. ' , ,'.
. 322. Asse:SI;)'ments Under $50.00. As: an alternative method ,tor
the collection, of ,such as,sessments which are of an amount less than
fifty dollars, proceedings 'may he had in accordance with the alterna-
tive provisions of Article 2 of Chapter 5 hereof. .
Article 3.
, Bond Plan B.
District Bonds.
- ..~ l. ~ J
330. ,Powers . whe~e 'bonds are is'sued pursuant to this plan,
the, Improvement Bond Actor! 1915,'shall apply. '
.:}-' . .'
331. Assessments under $50.00. Bonds may be issued ,in the
total amount of all assessments in amounts of less than fifty dollars
which are unpaid at such time, to mature at ,the same time as the '
maturity of the first series of'6uch serial bonds, and which asSe.ss-
ments shall become due and payable at the same time as that portion
of the larger assessments which shall have been collected for the
payment of the first series of the serial bonds and the interest
thereon. .. . ", ' ,
332. tJhpa:1.dList.The list of unpaid., as,s~sslTlents f'+led' wi th
the City Treasurer by the Street Superintendent" $all separ.ately, state
in such list the total of the assessments which are of fifty' dollars
or over in amount and the assessments which are under fifty dollars
in amount.
-23-
333.
which are
,,: $1,000.00
of bonds.
Denominations. Bonds for the amount of the assessments
not an even multiple of not less than $100.00 or more than
may be made to mature at the same time as the first series
Article 4. Bond Plan C. District
(Liability) Bonds.
340. Powers. When bonds are issue9 pursuant to this plan the
provisions of Article 3 of Chapter 6 of this ordinance shall apply,
except as herein provided.
341. Bond Form. Appropriate changes shall be made in the
form of the bonds to show that they have been issued for a public
improvement or acquisition pursuant hereto.
342. Supplemental Advances. The provisions of the Improve-
ment Bond Act of 1915 which require the City to advance, as a loan
to the bond redemption fund from available surplus funds, the
amount of any delinquent installment of principal, interest and
penalties thereon, shall not be mandatory and shall not be en-
forceable.
343. Supplemental Levies. The prqvisions of the 1915 A,ct
which require that the City shall caus~ to be levied a special
tax of not to exceed ten cents (lOr;) on the $100 of taxable prop-
erty in the City shall be restricted to the taxable property
,~ithin the assessment district createq in the proceedings or ot~~r
, district deemed benefited thereby and described in the resolution
of intention, and shall not be enforceable against the City as a
whole.
344. Advance Payment. After the bonds are issued, the
assessment on any parcel may be paid in aqvance,in tpe manner
provided in the 1915 Act, by paying to the, ,Aud;1:tor the unpaid "
balance of principal plus interest to the date of payment if paid
on an interest payment date, a:qd otherwise~. to the next succeed-
',. ing interest: payment date pluE.j-one year's i:nterest at the rate
stated in th:e bonds, plus $10.:00 for the cost of publication of-:
the notice of call. The persqn paying shall not be entitled to
any refund. ' ,
. ..'-JJ
345. Calling Bonds. :-:.r:When sufficient surplus moneys are ;
in the redemption fund with which to call a bond, the Treasure~
shall call and retire a bond in the manner provided in the 1915
Act; provided, tha~ the notice need only be given for ~ period
" of :thirty (30) days.
.....
"
1 ,:'
24
Bond Plan D.
Land Bonds)
360. Powers. There is he,reby vested in the Council the power
to issue serial ad ,valorem land bonds upon any district created
under this ordinance.
Article 5.
(Ad Valorem
361. Assessment District. The proposed district shall be
described in the resolution of intention and established as provided
in the article of Chapter 5 pursuant to which said proceedings are had.
362. Improvement Bonds. If said proceedings are had ,'pursuant
to Article 2 of ,Chapter 5 hereof, then upon completion of the work,
th~,persan appointed by the Council to be in charge of the work'shall
prepare and file with the Council a declaration that the work has
been completed according to the contract therefor, together with an
itemized statement of the cost of such work and of the exp,enses inci-
dental to said proceedings, estimated to ,the conclusion of said pro-
ce~dlngs. The amount of any contribution ,shall be stated therein as
well a,s ,the balance for which bonds are to be issued. \t/hen the bonds
have De'en issued they shall be delivered to the contractor upon his:
paying to the City any moneys due it for incidental expenses as
stated in the declaration. The Council may provide in the resolution
of intention that the contractor shall be paid in cash from advances
to oe made to said project or from the proceeds of the sale of the',
bonds, in which event 'the bonds shall be issued as provided for the':,
issuance of acquisition bonds. .
,'~ '363. Acquisition Bond;s. If ,the proceedings ,are had pursuant
to Article 3 of Chapter 5 of this ordinance, then upon the entry of ,;
all interlocutory judgments in any eminent domain proceedings brought
pursuant thereto, proceedings shall be had substantially as provided
herein for the issuance of improvement bonds. The bonds shall be
sold by the Council ~nd the proceeds shall be used to pay the costs
and, expepses of the project.
364. Municipal Improvement'nistrict Bonds. "If proceedings
are had pursuant to Article 4 of ..,Chapter 5 of this ordinance, then
in the resolution ordering tpe a.qquisitions or improvements the
Oouncilshal~ determine the estimated cost of said acquisitions and
im.pr?vement~;and of the expenses incidental thereto, and the total
estimated amount of the bonds to be issued. The bonds shall be is-
sued and sold and the proceeds shall be used to pay the costs and
expenses of the project.
365. Possession Bonds. If assessment proceedings are had pur~
suanttoArticles,3 or 4 of Chapter 5 of this ordinance, and proceed~
ings shall ,'be had for, the taking"of immediate possession of the prop";;
erty to be acquired, then the pe~son in charge of said proposed
acquisitions snaIl prepare and file with the City an estimate ,of the'
amount: ,of moneY necessary to be;jdepos~tedJ,in,court.<t?dr :immediate pos-
sessiOn, ,and proceedings shal:l be hactfot';"the iss,uanc€ .,and ,sale of i ' r
.: : .. .... ~.. .. .
-25-
-r
QondS therefor as provided for the issuance of acquisition bonds. In
such ~vent th~ Cduncil shall issue only sucWa~ount of additional
bonds as is necessary to provide for theadditi'onal costs of said
project and the proceeds of the possession bonds shall be finally used
to apply to the ,cost of the acquisitions and improvements and expenses
incidental ther~td.'
.'; !
366. Notice of Hearing. The Clerk shall give notice of a time
and place of hearing on the declaration filed in relation to the issu-
ance 9f any bonds to be issued other than pursuant to Article 4 of
Chapter 5. Such notice shall be published twice in a newspaper of
general circulation published in said City, the first of which shall
be at least ten days before the,date set for hearing.
}67. Form of Notice. Said notice shall refer to "the resolution
of intention in the proceedings for identification, for a description
of the work to be done or acquisitions or improvements to be had and
for the boundaries of the assessment district, and notice shall be
given therein to all persons interested that it is proposed to hear'
t~eI.'epor't and issue bonds pursuant to this Article, and any persor(:
feeltng..aggrieved by any act or determination done or made in said
proceecU.,ngs: ,or claiming that any previous acts or proceedings were,ir-
regular; def~ctive, erroneOUS or faulty, or claiming that the work or
improvement has not been performed according to the contract'in a good
and substantial manner, or claiming that any portion of the work or'
improv~ment for,any reason was omitted or illegally included in the
coritract, or.' haying any bbJectfons or reasons why bonds,- sh0uld not be
issu~d i~, the amount set forth in the declaration and statement on '
file, may'a.ppear before the Council at the time and .:place so ',fixed' by
it and be heard. ' " ' ..
.'
368. Hearing. All objections shall be made in'writing and-
signed by the protestant and any grounds not stated therein and filed
at or before the time fixed for hearing shall be deemed waived. The
contractor or his assigns, and any;otherperson or,i.::,pers,'Ons interested
in said'matter, 'li:lay appear and be heard upon any of the matters re-j'
ferred to in sa,;l.d' notice. The Council may confirm, amend,""a.l ter,
moci;l.fy or corr~ct,the report in such manner as it shall deem just, and
require the wo~k'to be completed accordingto'lts'dire-ctions-or'those
of the person designated by it therefor. ,", ::1: " ,
369. Issuance of Bonds. In the Council's final order upon the
. hearipg, .or in tne resolution ordering the acquisitions or improve-
,men:ts' when the pI.'oceedings are had pursuant ..to Ar.,t:icle, 4 of Chapter 5,
.. 't,he Cq~ncl1 shall' by J;'esolution order th~" issuanc;e of bonds. The:reso-
lution, shall state the, total principal amount thereo'f and the amount
to, mat iii",e , in each year, dUring their term'. T!1e fir's tJ ma turi ty of, the
,bonds Way' be pos t'poriecf for a period not beyond JulyL '2nd on the fifth
calenClar year fOllow;1.ng their date. The 'bond'E(' may" be made to mature on
July 2nd 'ove'r a period hot to exceed foi--ty: ye'a'J:.s from their date.'
-26-
1.
I
370. Bonds, Form and Execution. The bonds shall be in such
form, shall be executed by the officers, and shall be made payable at
the place or places within or without the state as the Council shall
determine. The bonds shall be negotiable in form and be payable to
bearer. .
371. Issues, Series, Divisions. An issue of bonds shall con-
st~tute all of the bonds issued pursuant to a resolution of intention.
Each issue shc~l be given a serial designation. The Council may, in
its discretion, divide the issue into two or more divisions and fix
different dates for the bonds of each division, in which event the
bonds of each division shall be made payable at such time or times as
the Council shall determine. Possession bonds shall constitute a divi-
sion of an issue. All bonds of any issue shall have equal priority.
372. Callable Bonds. Bonds are not subject to call or redemp-
tion prior to their fixed maturity date unless the right to exercise
the call is expressly stated on the face of the bonds. Provision may
be made therein for a premium on call. '
373. Supplemental Bonds. If the proceeds of the bonds for any
reason are less than the cost of the acquisitions and improvements and
expenses incidental thereto, additional bonds may be issued by filing
with the Clerk a declaration or statement of the amount necessary ,
therefor and by giving notice and holding a hearing and determining"
the amount of bonds to be' is.sued therefor as provided herein for ,tpe"
issuance of bonds upon declaration, notice and hearing. Said bonds '
shall be d'eemed a division of the bonds of the main issue.
. .1.
374. Interest. Semi-annual interest coupons shall be attached
to said b.onds and be made payable on the 2nd days'of January and July
of each year, excepting that the firSt coupon shall be for interest
from their date to the 2nd day of January next succeeding four months
after the date of such bonds. Provisi.on may be made for the payment
of interest from the proceeds of the'sale of the bonds for the period
of acquisiti.on and construction of the project and for one year there-
after. If upon presentation at maturity payment of any bond is nQ~
made as herein provided, interest shall continue at the same rate ,quntil
the principal is paid in full.
375. Ad'Valorem Tax. For each district in which an issue of
bonds has been had pursuant hereto, Jthe Council shall annually, until
all of the bonds and interest thereon have been paid in full, at the
time of levying the taxes for general City purposes, levy an ad valorem
assessment upon all lands within said district excep,t publicly owned
property; which levy shalloe'in an amount clearly sufficient, to-
gether with any moneys which are or may be in the redemption fund and
after making adequate allowance for estimated delinquenCies, to pay all
of the principal of and interest ,on said ,bonds which shall pecome pay-
able b:efore the proceeds,6~ :another such levy shall be' available there-
for: ' '
-27-
-r
376., rd. - Method of Collectio~: Said special assessment levy
shall.be levied and collected upon the last equalized secured and
utility tax rolls upon which general Cityta-xes are collected. It
shall be in addition to all other taxes levied for general City pur":'
poses, and shall be levied~ computed, entered, collected and enforced
in the same, manner and by the same persons 'and at the same time, and
with the same penalties and interest, as are other taxes for City pur-
poses, and all laws applicable to the levy, collection and enforcement
of taxes for City purposes are hereby made applicable to said special
assessment levy, and be subject to redemption within one year from the
date of sale in the same manner as such real property is redeemed from
the sale for general City taxes, and if not redeemed shall in like
manner pass to, the purchaser.
377. Contributions. The Council may annually, at or prior to
the time the levy is made, or at such other time as it shall determine,
transfer to the redemption fund of baid bonds such amount or amounts'
as it shall determine.
378. Zones. If, in the judgment of the Council conducting the
proceeding, varying benefits to be derived by the different parcels
of land lying within the assessment district so require, the district
may be, divided into zones according to benefits. The district may be
divided into as many zones--up to the total number of parcels of land
in the district--as may be deemed necessary, and each zone shall be
composed of and include all the lands within the district which will
be benefited in like measure. The Council shall also determine the
percentage of the sum to be raised each year by the levy and collection
of the special, assessment taxes in the district for the payment$ on
the principal and interes t of the bonds, which will be rais:e'd from
the lands in .each zone. When the district is divided into'such:zones
the resolution~f intention shall so state, giving said percentages to
be raised f,rom',the lands: in each zone. Each zon'e shall be designated
by,.ia different letter or number and shall be pla:inly shown on the map
.or.plat of the assessment district filed in the office of the City
Clerk and,referred to in the res.olution of intention, either by
separate boundaries, coloring or,bther convenient and graphiC method,
so that all persons interested may with 'accuracy ascertain within which
zone any parcel of land is located. It shall be sufficient in all
cases whSrethe :assessment district is to .be divided into such zones
according to, benefi.ts if the 'resolution o'fintention sta.tes that fa,ct
and refers to the ,plat or map:fbr the boundaries and all details coli":'
"c,erning the zones.
379. ' D.elinquency Bonds. Such levies, ,in case of delinquency;'
are a.ugmente.d by the supplemental remedies of ,the provisions of ;,:1'.'
Artj,.cl~ 3 of, this Chapter .J: " , .1.::,
:.)it'. .
380. Validity of Bonds and Tax Rate,. All bonds issued and 'all
taxes levied and collected pursuant to the provisions of this Article
-28-
~r
shall by their issuance be conclusive evidence of the regularity,
validity and legal sufficiency of all proceedings, acts and determina-
tions in anywise pertaining thereto, and after the same are issued no
ta~ levied or collected for the purpose of paying the principal or
interest on said bpnds shall be held invalid or illegal, or set aside
by reasqn of any error, informality, irregularity, omission or defect
in said proceedings, not amountLlg to a want of due process of law.
381. Issuance of New Bonds When Proceedings for Bonds Irregular.
When any court of competent jurisdiction shall determine that any con-
tract purporting to have been made, or any proceedings, steps or ac-
tions'purporting to have been taken, or 2ny bond or b.onds issued, or
any levy of assessment made, under this Article, is or are void, in-
valid or unenforceable for any reason, or shall for any cause enj.oin
the issuance of any bonds proposed to br: lssued under said Code, said
court shall also determine that new bonds shall be issued in the place
thereof. The Council may also order the issuance, of new bonds when it
shall determine the existence of such voidness, invalidity or unen-
forceability. In such event the Council shall cause a declaration to
be filed which shall state the amount of any work performed, improve-
ments made, acquisitions had, and the expenses incidental thereto, and
the estimated cost of any to be had. The decl~ration shall be noticed
and heard and new bonds issued as herein prov:Lded for acquisition bonds.
Bond Plan E.
Realty Bonds)
390. Powers. There is hereby vested in the Council the power
to issue serial ad valorem realty bonds upon any district created in
this ordinance.
Article 6.
(Ad Valorem
391. Ad Valorem Assessment. The annuc.l ad valorem assessment
to be levied therein shall be upon all lanj and improvements within,
the assessment district excepting publicI:; owned property.
392. Procedure. Except as in this A~ticle otherwise provided,
all of the provisions of Article 5 of this Chapter shall apply.
~L
j I; </ i~;;;:(JC--
~ Mayor
ATTESTED:
Jl.....
-29-
~r
1.' StrSj\NNE E. PAYNE, City Clerk of the City of Gilroy ~ db: "
hereby certify that the for'egoing is a full, true and correct.'
'c.opy of Ordi;nance No. 645 which was introduced at th~ meeti~
',of the Ci ty'Council of said City, duly held on Fibftuary'7Q,:, 1961~
.and adopted at a meeting of said Council duly held on ]4a.rc1i -6,~'" : ^"}
. 1961, by the affirmative vote of the following members thereof :'. .
'. AYES,
Councilmetti
Members:
Petersen, JO.rdan, ~ventworth,
c)~pAlJf:jl~flj, Pate, Rush: and rAaYml '
;'..1
Sanchez
NOES, Council~i
Members:'
ABSENT,Councilmetti
Members:
None
MtJNi
Goodrich
,.~ .
.jhf'}(j2ill.c.
, City
F ;0
.~ r:
,rc- I~'/h(
Clerk !~/
: (~.'~"., ': <;.i"il .~,,~"
-30-
I N D E X
to
ORDINANCE NO. 645
AN ORDINANCE PROVIDING PROCEDURE IN RELATION
TO THE ACQUISITION OR CONSTRUCTION OF LOCAL
IMPROVEMENTS AND THE LEVY OF ASSESSMENTS AND
ISSUANCE OF ASSESSMENT BONDS THEREFOR
'GILROY IMPROVEMENT PROCEDURE CODE
CHAPTER 1.
GENERAL PROVISIONS
Article '1.
Application and Effect
1. Short Title . . . . . . . . .
2. When Effective . . . .
3. Assessment Proceedings . . .
4. Pending Proceedings . . . . . . .
5. Alternative Procedures . o'. ,u;. . . . .
6. ' Code Not Exclusive . . . . . . . . . .
7. Titles . . . . . . . . . . . . . .
8. ' Code Superior . . . . . . . . . . . .
9. . Municipal Affairs . . . . . . . .
10. State Affairs . . . . . . . . . .
11. Single Proceedings . . . .
12. Chapter Supplemen t,c;i.l . . . . . . . . .
Article 2.
Definitions
21. Acquisitions, ~tc. . . .
22. . Block . . . .. .........
23. Ci ty ~. ~. . . . . . . .. .. ...... . .
24. Clerk . . . . . . . .. .. '~.
25. Contractor '. '. ". . . . ~ :::.
, . .1.
26. 'Council . . . . . . . .. . .
27. "County . . . . . . . .. .. "
28. . Engineer .. ...' '~ ....
29. General Law . . . . . . . . . . .
30 . La t . . . .. ... . . '..< .
31 . Owne r . . . . . . . . . .. ...
32. Parking Place . . . . . . .. . .
33. Paved . . . . . . . . . .
34. ~ Place ....... .... -. . .
3:3 . Pro j e ct. .. ....... .. . "
36. Quarter Block . . . . . .' '~'.
37 . s t re e t . . . . . . .. .... ... .
'38. St~eet Stip~rfnt~rident . . . ~ ~~. ~
39. Treasurer . . . . . . . . . .
"40. Work'. .. ....... e._,' 't., ,.
. '. "
i
.1 ."
Page
1
1
1
1
1
1
1
1
2
2
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2
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2
2
3
3
3
3
3
3
3
3
3
3
4
,4
""4
4
4
I( "
Article 3.
Incidental Expenses .
45.
46.
Acquisition . . .
Improvement . . .
Article 4.
References
..........
50. Resolution of Intention 5
51. Reference to Resolution of Intention 5
Article 5.
Notices . . . . . .
60. Notices When Expressly Provided . . . .
61. Failure to Designate Officer . . .
62. Publication . . . . . . ' . . . . . .
63. Posting and Mailing . . . . . . . . . .
64. Where Posted . . . . . . . . . . .
65. Mailing . . . . . . . . . .
66. Notice of Improvement . . . . . . .
67. Certificates . . . . . . . . . . .
Article 6.
Public and Utility Property
70. May Omit Public Property . . . . . . .
71. Cost on Remaining Property . . . . . .
72. Payment.". . .. .........
73. utility Property . . .
Article 7.
-Contributions and Advances
80. Contributions.. .........
81. Purchase of Assessment, Warrant and
Bonds . .. ... ....
82. Id. - Payment . . . . . . .. ...
83. Id. - Bonds . . . . . . . . . . . . . .
84. Id. - City . . . . . . . . . . . .
85. Id. - Subsequent Purchase . . . . . . .
86. Purchase and Sale of Delinquent Property
87'. Id. - Sale ... ... o.
Article 8.
Force Account .
90. Force Account . 8
91. City Engineer. . . .. ...... 8
92. City Rights ............. 8
93. Payment.... . . . . . . . . . . . 8
94. Bonds ................ 8
Article 9.
Revolving Funds .
. . . .
. .
100.
101.
Revolving Fund
Procedure . . .
. . .
.. ..
ii
Page
4
4
5
5
5
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6
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6
6
6
6
6
6
6
7
7
7
7
7
7
7
7
7
7
7
8
8
9
9
9
... Article 10.
110.
lll~
CHAl'TER,2~
Artic;le 1.
120.
121.
,l?2.
123.
Assessment and Diagram .
Assessment
Diagram, . " ','
GENERAL PROCEDURE
Protesti? ,
Protests . .. ....
Fa rm . . . . . . . . . . . . . .
Legality . . . .. ..
Majority Protests . .......
Article 2. Hearings
130.
131.
,132.
Article 3..
Time . . ':.. . . . . . . . . . .
Hearing . . . . . . .
ContinuaQges . . . . . . .
Modifications . .
140. Modifications . '. . . . . . .
141. Notice . . . . . . . . . . .
142. ,protests . . . . . . . .
143. Order . . . . . . . . . . .
144. Record . . . . . . . . . . . . .
145. Lien . . . . . . . . . . . . .
Article 4. Suppiemental Assessment
150.
151.
152.
153~
CHAPTER 3.
Article 1.
160~
161.
'162.
'163.
164.
'165~
166.
'167~
'168~
'169~
'110~
171.
'172~
Supplemental Assessment . . . . . . .
How Levied . . . . . . . . ..
N6tice and Order . . . . . . . . . .
P~yment ~ ~ . '.. . . . . . . . . . . . .
CURATION
Curation
. . . . . ~ . . . . .' J .
C6nstitutionality . . ~ . . .
Waiver . . . . . . . . . . . . . . .
_...J 'I
Orders Final ...... . . . . . .
Notice of Award . . . . . . . . . . .
Lib,erally, 90ns trued ..... ,~ .
Valldi ty , .'. . '. . . . . . .
Effect of Publication . '.c;~" .. .
'Dedication ......... ~,'," .'.
:L~m~t~tiQn;9f;,J}Rtio.ns:" ~,',~,',," '~'.
Id. - Ad VE\;I..orem, i' . .,..;".'!:.. '. ,', .
'Id~,'7'Defense ':.. ..,. ~.. .'~" .
validating Proceeding'. . .'.
. Procedure' . '.' . '. . .
. ' .
iii
Page
9
9
9
9
9
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9
9
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10
11
11
11
11
11
11
11
i' 11
12
12
12
12
12
12
12
13
1
Article 2.
180.
181.
182.
183.
184.
CHAPTER 4. '
Reassessment
. . . .
Reassessment . . . . . . . . . . . . .
Uncompleted Improvements ',' . . . . .
When and How Much . . . .
Interest . . . .. ...
Paymen t . . . ........
LIEN.
Article l~ . Nature and Extent
. . . . . . . .
190. Priority of Liens
191. Duration of Liens
. . . . . . . . . .
CHAPTER 5.' , ACQUISITION AND IMPROVEMENT PROCEDURE
Article'l;
201. '
202.
203. '
204. .
205. .
206. '
207.
208.
209.
Article 2.
.1
210. '
211. '
212.
213.
214.
215.
216.
217. '
218. '
219. '
c
.:. I
,
~-' Artlc1e'3:
, 01
230. .
231. '
232. .
233.
234. '
..,J.
Investigation Proceedings
. '
. . . .
Necessity of Improvement . . . . . . .
Preliminary Determination of Necessity
Notice'and'Hearing . . . . . . . .
Objections'.'. .'..'. . . . . . .
Final ~etermination of Necessity .
Modification' . '. . . . . .
Jurisdiction . . . . . . . . . . . . .
Nonapplication'.'. . .'. . . .
Finality. . . . . . . . . . . . . . .
Improvement Act of 1911 .
Powers ............: .::. .
Cash Assessments, Alternative Collec-
t ions ... . . . . . . . . . . . .
Id. - Resolution, Contents . . . .
Id. - Filing. . . . . . .'~ ...
Id.-- Extension on Roll . . .
Id. -Collection. . . . ; . ...
Id. - Payment to Contractor . . .
Id; - Default . . . . . .. ...
Id: - Id. - Resale . .'. '. .' " . . . .
Id. Id;:" No' Bidder '-'. .. . .
street'OpenfngAct 'of'1903
Powers' . ' . ' .' . J' . " '; '. . . ~ . .
Clos Ing . . 0, . . . . ~ '~. ...
Reso1utionortntentiotl' ':'. . . . . .
Notice of Improvement . '~ . : ",' .
Casb 'Asses~ments; Alternative f \
Collection. . 0 . . . ~ .: . . . .
iv'
Page
13
13
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13
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Page
Ar,ticle 4. ,Municipal Improvement Act of 1913. 17
240. Pow,ers . . . . . . . .
241. Existing Works . . . . . . . .
242. Hearing . . . . . . . . . . . . .
243. Payment - Time . . . . . .
244. Id. - To Whom . . . . . .
245. Eminent Domain . . . . . . . .
246. Stipulations for Judgment . . . .
247. Offset . . . . . . . .
248. Referees . . . . . . .
249. Refunds . . . . . . .
Article 5. Parking Districts .
260.
261.
262.
263.
264.
265.
266.
267.
268.
269.
270.
271.
272.
273.
274.
275. ,
276.
277.
278.
279.
280.
281.
CHAPTER 6. '
Article ,1.
300.
301.
302.
303.
304.
305.
306.
307.
308.
Parking Place .. . . . . . . ...
Power . . . . . . . . . . . . . . ~ .
District. . . . . . . . . ....;. . . . .
Property . . . . . . . . . . . . . . .
Ci ty Lands . . . . . . . . . . . . . .
Sale of Property ~ . . . .. ...
Lease of Property . . . . . . . . . .
Surplus Space .... . . . .
Fees and Rentals . . . . " .' ,~,i . ."'. .
Operation... .... ,~: ..:
. Maintenance Cqst . . . . . .. . . . .
Annual Report . . . . ~, . . . . . . .
Hearing on Report . . . . . . . . . .
Id. - Collecting Assessment . . . . .
Transfer of Funds ... . . . . . . .
Pledge . . . . . . .. ..
Covenants .. ~ . . .. .....
Alteration of District . . . .
Id. - Publication. . . . ~ . . . . .
Id. - Hearing . ," . ,.,.: .
Id. - Ord,er, .'.', . . . ,0:,' .'
Id. - Effect ..... '';"' . .0
. ~ -.L
. ~.. . .
.. 0, , " j", ,j.. "
ASSESSMENT BOND paOCEDQRE." c;
( ,j..!:",
. ; "(, ~
. Qeneral Prov1,f;l,1.ons .. . . .'
. ,.\~. .
.
~ur:.P Q sell " . .. . . . . . . . . . . . _: ,e .
D.eqlara,':y,i;ion in Resolution of Inte.ntion
F.or;n oJ>Bonds. . . . .. . .'.1 io .
Da ~ e _~. .. . . . . . . . . . . it . .. ... I 't II: .
:(nte~est . . . . . \. .
Serie.s . . . . . . . . . ,.' .\-.~ .
Di v is ions . . . . . . . . '. .
Execution . .'., . ".'. . . . "" . . . .
Sale of Bonds . . . . . . . . . . . .
v
17
17
17
17
17
17
17
17
17
18
18
18
18
18
18
19
19
19
19
19
19
20
20
20
20
20
21
21
21
21
21
21
21
21
21
21
22
22
22
22
22
22
22
\, f
309.
310.
31.1.
.312.
313.
Article 2.
320.
321.
322.
Article 3.
339.
331.
332.
333.
Pre.roi urn . . . . . . . . . . .
Hegi,s tra ti,on - Against Theft. . .
Id,. ,- De,linquent, Bonds . . . . . . . .
Id. - Lo,s t Bonds .' . . .'... . . . . .
Paymen,t of A.ssessments with Matured
Bond,s and .Coupons ... . . . . . .
Bond Plan A. Lot Bonds. .
Powers . . . . . . . . . . . . . . . .
Interest . .. . . . . . .
Assessments Under $25.00 . . . . . . .
. . . .
Bond Plan B. District Bonds .
Powers . . . . . . . . . . '.
Assessments Under $25.00 ..
Unpaid List . . . .. . . .. . ..
Denominations ... . ". . . .'. .. .
Article 4. " Bond Plan C'O ;District (L1abili ty)
. Bonds .. .. . . .. .. . . . . .
340. Powers . . .. . , . . . ' . . . . ' .. . . . . . .
341. BOl1d.Form , . ~ . d it . .. . ' . . . . . . . .
,) 342. Sup'pl..ernental ,Advanoes . . . . . .
) 343. Sup'p].emental Lev-:iJesi . . . . . .. . '. .
, ' 344. Advance Pa,ymentJ .1...' ~ . . . .. .. . . .
345. Ca'::"ling Bonds . ~ ! :~1 .
. . . . . . . .
Article 5.
j ~..
360.
361.
362.
363.
364.
365.
366.
. 3'67.
368.
, .3t;9 '. ,
370.
371.
: 372,
373.
. 374~
375.
376.
Bond Plan D. (Ad Va:}orem Land'
, Bonds) '..J. c.';';",' :':~ . ." . ;:...
__ '....J... .l
Powers . . . . . . 'Ol::,.F: :,~; ;: . '0"" .
.' ,
Assessment ,District "'~ :!. . ." . '. '
Improvement. Bonds 'O' ~'; ~'. .'; J . . . .
Acquisition Bonds .... .....
Municipal Dnprovementi'!,Dlstrlct' Bond.s .
Possession Bonds . . . . . . . . . . .
Notice of Hearing .'. . . . .
Form of Notice . . . . .. ....
Hea~ing . M. .. . . . .. . . ~". . .' ~'~ .
,Issuance of Bonds ..'.", :..'. '~:: .
. B9n9.s -' Form.. and Execution < ,;~'._ ~- ~. M. ,( .
.I~s\les, Serles,Divisions. ~',:r/. '.l.'-~(.
. C?-l;Laple Bonds .. . .. . ~" '. . . 'oL,~;'O
,S1,lppl?m~ntal Bonds .. .. . ... . . ..,'.', .
.Int~r?st . . . ~ . . . . .0.. . . ....:l~ .
Ad Valorem Tax . . .. . . . . . . ..\. .
I<;l. . - M~thod of Collection . 'O'O.
vi
Page
22
22
23
23
23
23
23
23
23
23
23
23
23
24
24
24
24
24
24
24
24
25
25
25
25
25,
25'
25
26
26
26
26
27
27
27
27
27
27
28
- - - ,- .---.- - -"...'. .", ,,,
Page
377. Contributions . . . . . . 28
378. Zones . . . . . . . . . . 28
379. Delinquency Bonds . . . . . . . . 28
380. Validity of Bonds and Tax Rate . . . . 28
381. Issuance of New Bonds When Proceedings
for Bonds Irregular . . . . . . . . 29
Article 6.
Bond Plan E. (Ad Valorem
Realty Bonds) ..
29
29
29
29
390.
391.
392.
Powers . . . . . . . .
Ad Valorem Assessment
Procedure . . . . . .
vii
r
I ,
Susanne E. Payne
, City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 645
is a true and correct copy of the whole of such Ordinance, duly
adopted by the Council of the City of Gilroy, at a regular meeting
of said Council held on the 6th
day of
March
19 61 ,at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gilroy, this
7th
day of
March
, 19~.
/ ,'~)
~ ( 'I) t) I C/--:, ,
f /. (. I. u {~.Ic{.( 11ft
'~ity Clerk of the City of~ilroy
V