Ordinance 809
WJML: PDA: gtriLJ 10/13/67 20c
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF GILROY, CALIFORNIA, AMENDING
CHAPTER 12A OF THE GILROY CITY CODE BY AMENDING
SECTION 12A.2, DEFINITIONS RELATING TO ACQUISITIONS
OR IMPROVEMENTS, SECTION 12A.19, RELATING TO MAILING
ADDRESS, BY ADDING SECTIONS 12A.73 TO 12A.73-5,
INCLUSIVE, RELATING TO LIENS, BY AMENDING SECTION
12A.I03 AND ADDING SECTION 12A.I03-l, RELATING TO
DISPOSITION OF SURPLUS ASSESSMENTS, BY AMENDING
SECTION 12A.178-1, RELATING TO ENLARGEMENT OF
DISTRICT BOUNDARIES AND BY AMENDING SECTION 12A.18o,
, RELATING TO BOND PLAN E
The Council of the City of Gilroy, California, does ordain
as follows:
SECTION 1. The definition of acquisition or improvement in
Section 12A.2 of Article I of Chapter 12A of the Gilroy City Code
is amended to read as follows:
"Acquisition or Im~rovement. The
words, lIacquisition" or "improvement, when used, re-
ferring 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 being
employed for the purpose of brevity and to avoid re-
petition, and shall refer to and include any or all of
the things comprehended in the meaning of the words
acql'.il"e:::a.nd improve herein . Acquisition may be by
gift, purchase, lease or eminent domain, and may be
before, while or after it comes into being, in rela-
tion to the resolution of intention.1I
SECTION 2. Section 12A.19 of Article I of Chapter 12A of
said Code is amended to read as follows:
IISec. 12A.19. Same - Mailing Address. When
any notice, resolution or other document is required
to 'b~tma1-1ttd) it shall be mailed, postage prepaid, to
the property owners involved, as follows:
(a) To all persons owning real property
proposed to be assessed, whose names and
addresses appear on the last equalized assess-
ment roll for City taxes, including the utility
roll, at said addresses.
(b) In cases of transfers of land, or
parts thereof, subsequent to the date on which
the last Assessor's roll was prepared, to such
transferee, at his name and address, as the
same appear on the records in the Assessor's
office which the Assessor will use to prepare
the next ensuing Assessor's roll.
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(c) To each person, including the owner
or person having an interest in property assessed
by the state under Section 14 of Article XIII of
the California Constitution, who have filed with
the County Assessor for the current fiscal year
a statement of his name, address and a description
of the property owned by him, requesting that a
notice of all proposals affecting such property
shall be mailed to him (Gov. Code 58905), at said
address.
(d) To such person at his address or as
otherwise known to the Clerk.
(e) In the case of doubt as to the name
and address of any owner, the Clerk shall cause
said notice to be conspicuously posted on the
property of such person in the assessment dis-
triot, at or near the entrance thereto, so that
it will be visible to persons on entering, leaving
or passing said property."
SECTION 3. Sections 12A.73 to 12A.73-5, inclusive, are
added to Article I of Chapter l2A of said Code to read as
follows:
IISec. l2A.73. Priority of Liens. The lien of a
fixed lien assessment, whether a bond or bonds are
issued to represent it, shall have priority over all
fixed lien assessments which may thereafter be created
against the property.
Sec. 12A.73-1. Id. - Reassessment, Refunding
and Supplemental Assessment. The lien of a reassess-
ment and a refunding assessment shall have the same
priority as the original assessment to which it re-
lates. A supplemental assessment is a new assessment.
Sec. l2A.73-2. Lien Date. Immediately upon the
recording of a notice of assessment in the office of
the County Recorder, any assessment shall thereupon be
a lien on the property against which it is made.
Sec. l2A.73-3. Constructive Notice. From and
after the date of recording a fixed lien warrant,
assessment and diagram and from and after the re-
cord~ng of the notice of assessment, all persons shall
be deemed to have notice of the contents of each
thereof.
Sec. l2A.73-4. Duration of Lien. The lien of a
fixed lien assessment shall continue for a period of
four (4) years from the date of recording the notice
of assessment. In the event bonds are issued to re-
present the assessment, the lien shall continue until
the expiration of four (4) years from the due date of
the last installment upon the bonds or of the last
principal coupon attached thereto.
2.
Sec. 12A.73-5. Uniform Priority Law. The pro-
visions of Article 13, Chapter 4, Part 1, Division 2,
Title 5 (commencing with Section 53930) of the Govern-
ment Code, providing a uniform law to the priority of
liens, fixed lien and of ad valorem assessments, shall
apply. "
SECTION 4. Section l2A.l03 of Article II of Chapter l2A of
said Code is amended to read as follows:
IISec. 12A.I03. Same - Surplus. If there is, or
the City Council shall determine that there will be, a
surplus in the construction fund, it may determine that
said moneys may be used for anyone or more of the
following purposes:
(a) For transfer to the general fund of
the City, provided that the amount shall not
exceed the lesser of $l,OOO or five percent
(5%) of the total amount expended from the
construction fund;
(b) To reimburse the City for any contri-
butions or advances to or for the construction
fund that were not pledged in the resolution of
intention;
(c) For the maintenance of the improve-
ments or a specified part thereof; or
(d) As provided in Section l2A.l03-l.11
SECTION 5. Section 12A.I03-l is added to Article II of
Chapter l2A of said Code to read as follows:
. "Sec. l2A.103-l. Same - Credit on Assessment.
As an alternative method of disposition, the surplus
shall be refunded or credited to the parties assessed,
as follows:
(a) Where the assessment or any install-
ment has been paid in cash, the credit shall be
returned in cash 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.
(b) Where the assessment or any installment
is unpaid, the credit shall be applied upon the
assessment or the earliest unpaid installment of
principal and interest; or
(c) When the assessment is ad valorem in
nature and not fixed liens, the surplus shall be
'deposited in the bond interest and redemption
fund. II
3.
,." ..L
SECTION 6. Section 12A.178-l of Division 5 of Article III
of Chapter 12A of said Code is amended to read as follows:
"Sec. l2A.l78-l. Manner of Enlarging District
Boundaries and Effect of Same. The boundaries of any
district heretofore or hereafter created pursuant to
this article may be enlarged from time to time in the
manner provided in Sections 12A.l24 to l2A.l27, in-
elusive, and such annexation shall have the same effect as
provided in Section 12A .128.11
SECTION 7. Section l2A.l80 of Division 6 of Article III
of Chapter 12A of said Code is hereby amended to read as
follows:
"Sec. 12A.l80. Applicable Provisions. Except
as in this division otherwise provided, all of the
provisions of Sections 12A.l56 to l2A.178-l shall
apply. "
, :?f/ " ' ...-'
/L:-fi-~4<-d/l~f~~A
Mayor
* * * * * * * *
I, City Clerk of the City of Gilroy, do hereby certify that
the foregoing is a full, true ~d correct copy of Ordinance
~'/~
No. 809 which was 1nlJ.'"'J...."'~~ adopted at the meeting of
the City Council of said City, duly held on
November 6
,
1967, by the affirmative vote of the following members thereof:
AYES, Council Members: All emand, Duff in ,Kennedy ,Jr. ,Quart i ro 1 i ,S i 1 va,
Wentw0rth, mnd Goodrich.
NOES, Council Members: None
ABSENT, Council Members: None
4.
, .
I, SUSANNE E. PAYNE ,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 809 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 6th day of November ,19 67 , at wh i ch meet i ng
a quorum was present.
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 af-
fixed Gi lroy, this 9th day of