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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. go! (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