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Ordinance 1221ORDINANCE NO. 1221 New Series AN ORDINANCE AMENDING TITLE XIX OF THE ALAMEDA MUNICI- PAL CODE, RELATING TO AS- SESSMENT PROCEEDINGS, AC- QUISITION, IMPROVEMENT AND CLOSING PROCEDURE. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: SECTION 1. Title XIX of the Ala- meda Municipal Code is hereby amended by adding thereto Article 10 to Chapter 1 thereof, which shall read as follows: Article 10. Assessment and Diagram See. 19-1101. Assessment. Parcels may be described in the assessment as shown on the assessment roll on which City taxes are collected , or by reference to recorded maps or deeds or assessors' maps, or by other means sufficient for identifi- cation. See. 19-1102. Diagram. The dia- gram may describe the property by reference to or be copies of official naps 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. SECTION 2. Title XIX of the Ala- meda Municipal Code is hereby amended by adding thereto Section 19-223 to Chapter 2, Article 2 thereof, which shall read as follows: See. 19-223. Time. No hearing need be set for a longer period than the time required for giving notice thereof. SECTION 3. Sections 19-231 and 19- 232 of Chapter 2, Article 3 thereof, are hereby amended, to read as follows: Sec. 19-231. Modifications. During the progress of the project, the Council may make changes in the improvements or acquisitions, the boundaries of the proposed assess- ment district, or the assessment or the estimate of costs, or in any of the proceedings or procedures. See. 19-232. Notice. Where said changes result in extending the boundaries of the assessment dis- trict, increasing the total amount to be collected, or increasing Do- provements or acquisitions or mak- ing substitutions therein, or in the proceedings or procedures, they shall not be ordered except after notice of the Council's intention so to do published by one insertion in the newspaper in which the resolu- tion of intention or notice of im- provement was published, describ- ing the proposed changes and speci- fying the time and place of hearing. SECTION 4. Sections 19-235 and 19- 236 are hereby added to Chapter 2, Article 3, and shall read as follows: See. 19-235, Record. Said changes may be made upon the face of the plans, specifications, estimate, dia- gram, assessment or other docu- ment affected, or by an amended or supplemental document. Sec. 19-236. Lien. The lien date of the original assessment shall not be affected by such order. The lien New Series Ordinance No. 1221 date of such cl shall be the date on which the original assess- ment was recorded. SECTION 5. Section 19-244 is here- by added to Title XIX, Chapter 2, Article 4, and shall read as follows: Sec. 19-244. Payment. Proceedings for notice, demand and payment shall be had as provided for the original assessment. SECTION 6. Sections 19-323 and 19- 324 are hereby added to Title XIX, Chapter 3, Article 2, and shall read as follows: Sec. 19-323. Constitutionality. If any section, subsection, sentence, clause, phrase or word of this Title is held to be unconstitutional or invalid, such decision shall not af- fect the remaining portions of this Title. The Council hereby declares that it would have adopted and passed this Title and each part, chapter, article, division, section, subsection, sentence, clause, phrase, and word hereof, irrespective of the fact that any one or more of other parts, chapters, articles, divi- sions, sections, subsections, sen- tences, clauses, phrases or words hereof be declared invalid or un- constitutional. Sec. 19-324, Validity. No step in any proceeding shall be invalidated or affected by any error or mis- take or departure from the provi- slons of this Title as to the officer or person posting or publishing or mailing, or procuring the publica- tion or posting or mailing, of any notice, resolution, order or other matter when such notice is actually given for the time required. SECTION 7. Section 19-512 of Chap- ter 5, Article 1, Title XIX, is hereby amended, to read as follows: Sec. 19-512. Preliminary Determi- nation of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or ac- quisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the Council should not find and determine that the public conveni- ence and necessity require the pro- posed acquisition or improvement without compliance with said In- vestigation Act. SECTION 8. Sections 19-518 and 19- 519 are hereby added to Title XIX, Chapter 5, Article 1, and shall read as follows: See. 19-518. 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 resolution order- ing the changes and modifications shall be deemed a resolution order- ing the improvement or acquisition as to the changes and modifica- tions. Sec. 19-519. Finality. Where pro- ceedings for any improvements and/or acquisitions or any part thereof have been undertaken with- out compliance with said Investiga- tion Act or without proceedings under this Article, proceedings may thereafter be had under this Article Alameda Cl � New Series Ord inances Ordinance No. 1221 with reference thereto, and the - be in full force and effect from and order of the Council determining after the expiration of thirty (30) convenience and necessity therein days from the date of its final pas - shall be final and conclusive. sage. ; SECTION 9. Section 19 -547 of Title R. P. KRANELLY XIX, Chapter -5, Article 4, is hereby Presiding Officer of the Council. repealed: Attest: SECTION 10. Sections 19 -618, 19 -619 SHIRLEY H. TENNIER and 19 -6110 of Title XIX, Chapter 6, City Clerk Article 1, are hereby amended, to _ o read as follows: I, the undersigned, hereby certify Sec. 19 -618. Registration— ,Against that the foregoing Ordinance was Theft. Bonds may be registered duly and regularly adopted and against theft, in which event passed by the Council of the City of Article 7, Chapter 4, Division 4, Alameda in regular meeting assembled Title 4, of the Government Code on the 19th day of February, 1957, by shall apply, the following vote, to wit: Sec. 19 -619. Id.- Delinquent Bonds. AYES: Councilmen Haag, Hove, Mc- Bonds may be registered for non- Call, Moresi and President Kranelly, payment, in which event Article 2, (5). Chapter 3, Part 1, Division 1, Title 5 NOES: None. of the , Government Code shall ABSENT: None. apply. See. 19 -6110. Id. —Lost Bonds. New IN WITNESS WHEREOF, I have hereunto set my hand and affixed bonds or coupons may be issued to replace lost or destroyedbonds, -in the official seal of said City this 20th which event the provisions of day February, 1957. SHIRLEY H. TENNIER Article 3, Chapter 3, Part 1, Div' Sion 2, Title 5, of the Government (SEAL) City Clerk of the City Code shall apply. of Alameda SECTION 11. This ordinance shall Publish Feb. 22, 1957.