Ordinance 0941ORDINANCE N0. 941
NEW SERIES
AMNENDING ALAMEDA MUNICIPAL CODE
TITLE XIX ACQUISITION, IMPROVEMENT AND CLOSING PROCEDURE
Chapter l.General Provisions
General Procedure
Curation
Lien
Acquisition and Improvement Procedure
Bond Procedure
CHAPTER 1. GENERAL PROVISIONS
1. Application and Effect
2. Definition
3. Incidental Expenses
4. References
5. Notices
6. Public and Utility Property
7. Contributions and Advances
8. Force Account
9. Revolving Fund
Article
Article 1. Application and Effect.
19-111. Wilen Effective. This ordi-nance shall be effective on Septem-
ber 7 , 1948.
19 -112. Assessment Proceedings.
Proceedings for the acquisition orconstruction, or both , of any public
improvement of a local nature orthe acquisition of lands or eA.se-ments , or both , therefor , may behad pursuant to Lhis Title , whether
or not provided in any general law.
19-113. Pending Proceedings. ThisTitle shall not apply to any proceed-
ings in which the resolution of in-
tention was adopted prior to the
effective date hereof , excepting there-assessment , refunding and cura-
tive provisions hereof.19-114. Alternative Procedures.The procedures provided in the sev-eral articles or bond plans hereofare alternative.
19-115. Title not Exclusive. This
Tille is not exclusive. But the reso-
lution of intention in such proceed-ing may provide that it is supple-mented by any part or parts hereof.
19-116. General Law. The wordsgeneral law shall mean an act of the
Legislature of the State of Cali-fornia. Unless herein otherwise pro-vided, said law shall be as now orhereafter amended or codified.19-117. Title Superior. The provi-
sions of this Title shall be controll-
ing over the provisions of any gen-eral law in conflict herewith.
19-118. Municipal Affairs. This
Title is adopted pursuant to theMunicipal Affairs provision of theCharter of this City. in proceedingshad pursuant hereto which are a
municipal affair the general lawsherein referred to are deemed a parthereof.
19-119. State Affairs. In the eventthat any proceeding had pursuanthereto shall be adjudged a state
affair it is hereby declared to
the intention that said proceedingswere had pursuant to the generallaw or laws cited in the chapters or
articles hereof specified in the reso-
lution of intention therein.
19-1110. Single Proceeding. One ormore acquisitions and improvementsor acquisitions or improvements
may be had in a single proceeding.19-1111. Chapter Supplemental.
Chapters 1 , 2 , 3 , and 4 are supple-mental to and controlling over the
provisions of each other part this Ti tie in conflict herewith.19-1112. Constitutionality. If anysection, subsection, sentence, clausephrase or word of this Title is held
to be unconstitutional or invalidsuch decision shall not affect the
remaining portions of this Title.The Council hereby declares that
it would have adopted and passedthis Title and each part, chapterarticle, divisiol1 section , subsection:sentence , clause , phrase and wordhereof, irrespective of the fact thatanyone or more of . other partschapter!" articles , divisions ) sections:subsectlons , sentenc clausesphrases or words hereof be declare
invalid or unconstitutional.
Article 2. Definitions
19-121. Street. Street includesavenues, highways , lanes, alleyscrossings or intersections and courtwhich have been dedicated and ac-
cepted according to law or whichhave been in common and undis-puted use by the public for a period
of not less than five (5) years nextpreceding, or which have been dedi-
cated to a semipublic use.
19-122. !llain Street. :Main streetmeans an actual opened street whichbounds a block.19-123. Lot. Lot, land , piece, orparcel of land, whether used singly
or in combination , include propertyowned or controlled by any person.19-124. Block. Block , whether it
regular or irregular block,means a parcel larger than a lotwhich is hounded by a main street
or a boundary line of some otherparcel which is not a part of it.
19-125. Quarter Block. Quarterblock when used with reference toan irregular block includes all lotsor portions of lots having any front-age on either intersecting streethalf way from such intersection tothe next main street , or if no main
street intervenes , to a boundaryline of some other parcel which is
not a part of that block.
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Place includes anypleasure ground and
or other public propertv
been dedicated and acor is otherwise publiclvaccording to law.
19-127. Paved. Paved or repavedincludes pavement of stone , pavingbloc1,s or macadamizing, or of bitu-minous rock or asphalt , or of ironwood or other material , whether
patented or not , which is adoptedby ordinance or resolution.19-128. Contractor. Contractormeans the person , firm, partnership,association , corporation , organiza-
tion or business trust, and includescontracting owners or their agents,to whom a contract for the perform-ance of any work authorized isawarded.
19-129. Owner. Owner means the
person owning the fee, or the per-son in whose name the legal title
to tb e property appears , by deed
duly recorded in the county record-s office of tbe county in whichthe property is situated, or the per-son in possession of the propertyor buildings under claim of , or
exercising acts of ownership overthe same for himself, or as the ex-ecutor, administrator , or guardian
of the owner. If the property leased , the possession of the tenantor iessee holding and occupyingsuch property shall be deemed
be the possession of the owner.19-1210. Acquisitions, etc Thewords acquisition and improvementwhen used , referring to that which
is done , which is to be done, or,vhich may be done under proceed-ings had under this Title, shall be
understood to be generic and asbeing employed for the purpose ofbrevity and to avoid repetition , andshall refer to and include any or all
of the things comprehended in themeaning of the words acquire andirnprove herein.
19-1211. 'Work. Work or improve-ment whether used singly or in com-bination , mean and include any workwhich is authorized to be done orany improvement which is author-ized to be made under this Title,
as well as the constructlon , recon-struction and repair of all or partof any such work or improvement.
19-1212. Project. Project or im-provement. when used in the genericsense, mean the acquisition and/orimprovement undertaken in a singu-
lar proceeding.
Article 3. Incidental Expenses.
19-131. Acquisition. The term in-
cidental expenses , when referringto proceedings for an acquisitionshall be deemed to mean and shallinclude:a The amounts awarded to thedefendants by the interlocutoryjudgments
b. The costs of the defendantsc. The compensation and expenses
of the referees , as allowed by courtd. All other costs of the plaintiffin such action and expenses incurred
by it in the trial thereof , including
the compensation paid expert ap-
praisers and witnesses
e. All expenses necessarily in-
curred in connection with such pro-ceedings for the publication , mail-
and posting of resolutions , no-and orders in any of theproceedings
1. For maps , plats surveys,searches and certificates of title to
the property to be acquired
g. The compensation of the at-torney,h. The compensation of the engi-neer1. The clerical , stenographic and
printing expenses incident to theactionsj, The estimated cost of preparing
and selling the bonds , andk. Any other expenses incurredby authority of this title or inci-
dental to the completion of the ac-
quisition in the manner hereinspecified.
19 -13 2. ImI,rovement. Incidentalexpenses, when referring to proceed-
ings for an improvement, shall bedeemed to mean and shall includeall expenses necessarily incurred in
the proceedings:
a. For the publication , ma.iling
and posting of resolutions , notices
and orders in any of such proceed-Ings
b. The compensation of the at-torneysc. The compensation of the super-intendent of work
d. The compensation of the en-gineers1. The estimated cost of prepar-
ing the bonds , andg. Any other expenses incurredby authority of this Title or inci-
dental to the completion of the im-provement in the manner hereinspecified.
Article 4. References.
19 -141. Resolution of Intention.The resolution of intentlon shall
specify the parts of this Title pur-
suant to which the proceedings
therein are taken.
19-142. Reference to Resolution of
Intention. In all resolutions , noticesorders and determinations, subse-quent to the resolution of intentionand the notice of improvement,
shall be sufficient to refer to the
resolution of intention for a descrip-tion of the work or improvement.
Article 5, Notices.
19-151. Notices When ExpresslyProvided. No notice, nor any publi-cation of any notice, order , resolu-tion or other matter , other than thatexpressly provided for in this Title,shall be necessary to give validity
to any of the proceedings provided
for herein.
19-152. Failure to Designate Of-ficer. Whenever 'any notice, resolu-tion , order or other matter is re-
quired to be published or posted ormailed, and the duty of posting or
publishing or mailing, or procuringthe same is not specifically enjoined
upon any officer or person , thecieri, shall post or procure the pub-
lication or posting thereof, as thecase may be.
19-153. Validity. No step in anyproceeding shall be invalidated oraffected by any error or mistakeor departure from the provisions ofthis Title as to the officer or person
posting or publishing or mailing,
or procuring the publication or
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posting or mailing, of any noticeresolution, order or other matterwhen such notice is actually given
for the time required.19-154, Publication. Notices , res-olutions or other documents re-quired to be pUblished shall be pub-
lished twice in a newspaper of gen-
eral circulation in the City. If anyhearing is therein noticed, saidhearing shall be had not less thanten days after the first publicationunless a shorter time is provided bygeneral law.
19-155. Posting and Mailing. Itshall not be necessary to post ormail any notice , resolution or otherdocument or make or file any affi-
da vi t in regard thereto , unless nopublication is provided and posting
or mailing is necessary to providejurisdiction. In such event said post-ing or mailing shall be at least tendays prior to any hearing Pr:ovidtherein unless a shorter time provided by generai law.
19-156. Wbere Posted. All docu-ments provided to be posted , otherthan a notice of improvement , shallbe posted on or near the CouncilChamber door or on any bulletinboard in or adjacent to the CityHall.
19-157. Mailing. When any notice
resolution or other document ismailed, it shall be mailed . to theproperty owners according to their
names and addresses as appearing
on the last equalized roll on which
citv taxes are collected , or as filedwith or known to the Clerlc19-158. Notice of Improvement.
Notices of improvement shall beentitled "Notice of Improvement"
in letters at least one-half inch inheight. The Council may providein the resolution of intention orother document fixing hearingwhether and where such noticesshall be posted.
19-159. Certificates. The certifi-cate of the Clerk or officer givingnotice by posting or mailng shallbe conclusivc proof of the giving ofsuch notice , and no affidavit shallbe required.
Article 6. Public and UtiltyProperty.
19-161. May Omit Public Property.If any lot or parcel of land be-
longing to the United States , orto the State , or to any county, city,public agent , mandatory of thegovernment, school board, educa-tional , penal or reform institution
or institution for the feeble-minded
or the insane , is in use in theperformance of any public function
and fronts upon the proposed work
or is included within the districtto be assessed to pay the costs andexpenses thereof , the legislativebody may, in the resolution of in-tention , declare that such lots orparcels of land, or any of themshall be omitted from the assess-ment thereafter to be made to cover
the costs and expenses of the work.
19-162. Cost ou Remaining Prop-erty. If any such lots or parcelsof land are omitted from the as-sessment, the total expense of allwork done shall be assessed on theremaining lots or parcels of landfronting on the work , or lying
within the limits of the assessmentdiRtrict, without regard to suchomitted Jots or parcels of land.19-163. Payment. If the Council
in the resolution of intention , de-clares that any lot. or parcel ofland so owned and used shall beincluded in the assessment , thenthe eitv shali be liable for suchSums as may thereafter . be so as-sessed excepting for such portionsas it shall by agreement collectfrom the entity owning same.19-164. TItBit" PrOl)ert Propertyowned or used by any privatelyowned public utility shall be as-sessed in the same manner as otherproperty in the district.
Article 7. Contributions and
Advances.
19-171. Oontributions. Contribu-tions or partial payments from theUnited States or the State or anyagency of either , or from theCounty, may be accepted and thesame or any available City moneysapplied to any part of the costsof a project at any time during or
after the proceedings and appliedin reduction of the amount assessedor to be assessed therefor.19 -17 2 Purcllfise .01 AssessnH:nt,"'V arrant and Don(ls. In any proceed-ing had hereunder, the City may
declare in the resolution of in ten-tionthat it intends to purchase theassessment, warrant or bonds tobe issued therein.
19-173. 1I.Payment. The City shallupon the issuance of the assessment,.warrant or 1o0nds , as the case may, pay to the contractor, who shallhave been awarded the contract to
do the work in such proceeding,in case of public improvements , orinto court, in case of acquisitionproceedings, the principal amountthereof.19-174. Id.Donds. Such bondswhen issued shall be made payable
to bearer.19.175. Id.City. In such case , thecity shall succeed to all rights under
such assessment , warrant and bonds.19-176. Id.Subsequent Purcbase.City shall have like power subse-quently to acquire apd own anybonds. or assessments or contractissued or levied or made hereunderor now issued and outstanding,forany improvement and/or acquisi-tion of the city.19-177. Purchase and Sale of De-linquent Propert,.. The city may bidand. purchase any real or personalproperty offered for sale for thenon-payment of any improvementassessment levied. and assessed un-der any of the provisions of thispart,or of any installment thereof,or penalities or costs or intereststhereon, or any suit brought to fore-
close such assessment.
19-178. Id.Sale. Whenever anyproperty shall have been acquiredby the city at any such sale , thensuch property, or any lien. thereonor interest therein ereat€d by suchassessment, may be released, as-signed , sold or otherwise disposedof by city as it shall determine;provided , however , that no suchrelease, assignment , sale, or otherdisposition of any such lien or in-terest, or of any such property,
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shall be made unless there shall befirst paid to City a sum of moneyequal to, and not less than theamount paid therefor by City, to-gether with all accrued penalties,costs , interest , and necessary ex-penses incurred; provided , further
that if any lien or interest , or prop-erty, cannot, as determined bycouncil, be sold for the amounts orcharges conlputed as herein pro-vided, then the council may by four-fifths vote, of all its members , sellany such lien or interest or prop-erty for the best price obtainable
according to its judgment.
Article 8. Force Account.
19-181. Force Account, The coun-cil may, by resolution adopted by afour-fifths vote of all its membersdetermine and declare that in itsopinion the work in question maybe more economically and satisfac-torily performed by day laborand/or the materials and suppliespurchased at a lower price in theopen market , and to order that thesame be done by force account , inthe manner herein stated , withoutfurther observance of the provisionshereof with reference to the awardof contract, or execution of contract
or bonds.
19-182. City Manager. In suchcase the city shall have the samerights as a contractor, and suchwork and i111prOvements shall be
directed by the city manager.
19-183. Cit y Rights. When suchwork shall have been completed,the city shall become the owner ofthe assessment made to pay thecost thereof , and of all bonds issuedthereon, with like power of en-
forcement as if held by a contractor.No warrant need be issued. in suchcase.
19-184. Payment. The superinten-dent of streets or other city officerdesignated by the Council is author-
ized, after the assessment and dia-gram shall have been recorded , tocollect and receive payment of theseverai amounts due thereon in themanner provided in such act underwhich the proceedings shall havebeen taken for , and in the place of
such contractor, and his statement
of payments received, when filed,
shall constitute , and be in lieu of
the contractor s return of the war-
rant and statement of payments re-ceived.
19-185. Rond,., Such bonds , whenissued, shall be made payable tobearer.
Article 9. Revolving Fund.
19-191. Revolving Fund. In the
exercise of any of the powers nowor hereafter provided for in thispart, inclUding the right to takeimmediate possession in eminentdomain proceedings , the city councilmay create , use and reimburse a
revolving fund or funds,
19-192. Power. An Act to Author-ize and Empower Legislative Bodies
of Municipal Corporations to Es-tablish , Maintain , Use and Reim-burse Revolving Funds in Connec-tion with or Incident to the LayingOut, Construction , or Improvement
of Streets or Other Public Worksor the Acquisition of Land , Rightsof "Yay or Other Property Neces-sary Therefor , approved April 30,1925 (Stats. 1925
, p.
245), shallapply,
Article
CHAPTER 2. GENERAL PROCEDURE
1. Protests
2, Hearings
3. Modifications
4. Supplemental Assessment
Article 1. Protests.
19-211. Protests. Objections maybe made to ordering improvements
or acquisitions , or to grades, or to
an assessment , or the extent of thedistrict, or to any supplemental as-
sessment or re-assessment, the le-
gality of any act or proceedings, or
to changes , or to any part of anythereof, at or before the hour set
for hearing thereon.
19-212. Form. Protests shall be inwriting, signed by the protestant,
contain a description of the prop-erty owned by him sufficient toidentify same, and state their inter-est therein and the nature of theprotest, and be filed with the CityClerk.
19-2l3. LegalIty. Objections to le-gality shall specify the ilegality
and no other illegalities need beconsidered.
19-214. Majority Protest. The Coun-cil , by the affirmative vote of four-fifths of its members, may find that
the public necessity requires the ac-quisition or improvement, and over-rule protests by the owners of
more than half the area to be as-sessed.
Article 2. Hearings.
19-221. Hearing. At the hearingthe Council shall consider and passupon the protests, may remedy orcorrect any irregularity, and mayorder any improvement or acquisi-
tion to be completed according tothe plans and specifications and to
their satisfaction.19-222. Continuances. A hearingmay be continued. Where any matter
is noticed for hearing and is notheard it shall be deemed submittedand may be acted upon at any sub-
Article 3. Modifications.
19 -231. Modifications, During theprogress of the project the legisla-tive body may make changes in theimprovement or acquisitions , in theboundaries of the proposed assess-ment district , or the assessment or
the estimate of costs.19-232. Notice. Where said changes
result in extending the boundariesof the assessment district , increas-
ing the total amount to be collected,
or increasing improvements or ac-quisition , or making substitutionstherein, they shall not be ordered
except after notice of its intentionso to do published by one insertionin the newspaper in which the reso-
lution of intention or notice of im-provement was published , describ-ing the proposed changes and speci-fying the time and place of hearing.
19-233. Protests. Protests mayonly be made against the proposedchanges.
19-234. Order. If no protests aremade, or protests are found to insufficient, or have been overruled,
immediately thereon the Councilmay order said changes.Article 4. Supplemental Assessment.
19-241. Supplemental Assessment.If the first assessment for any im-provement or acquisition , or if the
bonds issued to pay all costs, dam-
ages and expenses incurred or tobe incurred , including any judg-
ments rendered, or to be rendered
and the costs and expenses of such
action or proceedings , or the esti-mated amount of any thereof, theCouncil may pay the deficit from
available funds , or may order a sup-
plelnental asseSSlnent to raise suchdeficit.
19-242. How Levied. Said assess-ment shall be made and collected in
the saIne nlanner , as nearly as may
, as the first assessment , or areassessnlent maybe had thereforand said proceedings may be re-peated untU sufficient money is
raised to pay for same.
19-243. Notice aud Order. Notice
shall be given , protests may made, and said supplemental assess-ment heard and confirmed as herein
provided for modifications.
Article 1. General Provisions
2. Reassessment
CHAPTER 3. CURATION
19-311. Waiver. All objections not
made within the time and manner
herein provided are waived.
10-312. Orders Final. All decisions
and determinations of the Councilupon notice and hearing, shall be
final and conclusive upon all per-
sons entitled to appeal , as to all
errors, informalities , omissions andirregularities which might havebeen avoided , or which might have
been remedied during the progressof the proceedings or which can beremedied, and as to illegalities notamounting to a want of due process
of law.
19-313. Notice of Award. The no-
tice to pay assessments under the
Street Opening Act of 1903 or Mu-nicipal Improvement Act of 1913,and a notice of confirming assess-ment or reassessment under any
other procedure herein , shall have
like curative effect as the Notice
of Award under the Improvement
Act of 19l1.
19-314. Liberally Construed. Thistitle shall be liberally construed
order to effectuate its purpose. No
err 0 r irregularity, informality,omission or illegality, and no neg-lect or omission of any officer, inany procedure taken hereunderwhich does not directly affect thejurisdiction of the legislative body
to order the work or improvement,
shall avoid or invalidate such pro-ceeding or any assessment for thecost of any work, or acquisitionhereunder. The exclusive remedy ofany person affected or aggrieved
thereby shall be by appeal to the
Council in accordance with the pro-
visions hereof.
19-315. Effect of Publication. Noassessment, reassessment, supple-mental assessment, warrant , dia-gram or bond, or any of their levy
or issuance, and no proceedings forsame, shall be held invalid by any
court for any error, informality,omission , irregularit)', illegality or
other defeet in the same , where the
resolution of intention or notice of
improvement have been actually
published as herein provided.
19-316. Dedication. No proceedingsshall be held to be invalid upon the
ground that the property upon
which the work or improvement or
part thereof is to be or was done
had not been lawfully dedicated oracquired,provided the same shallhave been lawfully dedicated or
acquired or an order for immediate
possession and use thereof shallhave been obtained at any time
before judgment is entered in any
legal. action.
19-317. Limitation of Actions. Noaction, suit or proceedings to setaside, cancel , void, annul or correctany assessment or reassessment, .
to review any of the proceedings,
acts or determinations in any pro-ceedings , or to question the validity
or to enjoin the collection of anyassessments or reassessments shallbe maintained by any person unlesssuch action , suit or proceedingsshall have been commenced within
thirty days after the acquisition or
improvement had been ordered orthe assessment or reassessment shallhave been confirmed.
19-318. Id.Ad Valorem. Where
such proceedings are for an adva-lorem levy the period shall be thirty
days after the ordering of said levywith reference to said levy, and
thirty days after ordering the issu-anee of said bonds with reference
to their issuance. If such action orsuit is not brought within the timeherein specified, all persons shallbe barred from any such action.19-319. Id.Defense. Where suchtime has expired no defense of thesame nature shall be raised by such
person in any action to establish
validity or enforce any remedy.
19-3110. Validating Proceeding.
The City Council , at any time after
the adoption of the resolution ofintention, the proposed contractor
at any time after the award of the
contract to him, or the proposed
purchaser of the warrant or any
bonds to be issued, at any time
after the assignment of said war-
rant or award of said bonds to himmay bring an action in the Superior
Court of the State of California in
and for the County in which it issituated, to determine the validity
of any such proceedings and of
such proposed contract , or of the
assessment or tax levied or to belevied, or of said bonds issued or
to he issued19-3111. Procedure. The validation
procedure of the Improvement Act
of 1911 shall apply.
Article 2. Reassessment.
19-321. Reassessment, If in the
opinion of the Council , any assess-
menL heretofore or hereafter issued
is void or unenforceable , for anycause, or if bonds are issued to rep-resent or be secured by any assess-and such issuance is notthrough the curative pro-applicable thereto to makevalid.. and enforceable or if
previous asseSS111entor bondsare insufficient to pay the cost or
estima ted cost of the project, or
if the Council shall determine that
the public interest wili be servedthereby, a reassessment may be had.
19-322. 'When and Much. The
reassessment shall made upon
the demand of the owner or holder
of bonds aggregating one-third of
the principal amount outstanding, or
order of the legislative body,shall be made in the manner
form provided by the Improve-ment Act of 1911 and ImprovementBond Act of 1915.
Article 1. Nature and Extent
CHAPTER 4, lIN
Article 1. Nature and Extent.
19-411. Priority of Liens. The lien
of any assessments levied or bonds
issued under this Code or any law re-ferred to herein shall be subordinate
to all special assessment liens and
the lien of the bonds previously im-
posed upon the same property, but
shall have priority over all suchliens subsequently imposed upon, the
same property.
19-412. Duration of Liens. All as-sessments , reassessments and bondsand each installment . thereof, andthe interest, costs and penalties
upon same, shall continue as liensagainst the lots and parcels on
which they were levied and imposeduntil they have been paid, but for
a period not to exceed four yearsafter the due date of the last in-
stallment of the due date of the
principal thereof.
Article
CHAPTER 5. ACQUISITION AND IMPROVEMENT PROCEDURE
1. Investigation Proceedings
2. Improvement Act of 1911
3. Street Opening Act of 1903
4. Municipal Improvement Act of 1913
Article 1. Investigation Proceedings.
19-511. Necessity for Improve-
ment. Whenever it appears that
public convenience and necessity re-quire an acquisition and/or im-
provement and that proceedings
should be taken without complying
with the provisions of the SpecialAssessment Investigation. Limita-tion and Majority Protest Act of
1931 , a public hearing shall beheld on said question of public
convenience and necessity and said
hearing shall be called and noticeof the time and place thereof shall
be given in accordance with theprovisions of this article.
19-512. Preliminary Determinationof Necessity. Before adopting any
resolution of intention a resolutionof preliminary determination shall
be adopted describing the proposedimprovement or acquisition and set-
ting a time and place when andwhore any and all persons interestedmay appear and show cause, if anythey have, why the Council shouldnot find and determine that the
public convenience and necessity re-
quire the proposed acquisition or
improvement without compliance
with said Investigation Act.
19-513 Notice of Hearing. Said
resolution shall contain a notice ofthe time and place of hearing. A
copy of said resolution and of saidtime and place of hearing, shall bepublished in one or more issues of
a newspaper published and circu-lated in the City, and a COpy shallbe posted. Said posting and the first
of such publications shall be had
at least ten days before said dateof hearing. . Said resolution and no-
tice of its adoption may be incor-porated in the resolution of inten-tion and notice of improvement.
19-514. Objections. Any person in-terested may object to undertaking
said proceedings without first com-
plying" with the provisions of said
Investigation Act.
19-515. J)'inal Determination ofNecessity. If no protests are made
or when said protests shall have
been heard and overruled, the Coun-cil may adopt a resolution findingand determining that the public
conven i ence and necessity require
the proposed improvements and/or
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acquisitions , and that said Investi-gation Act shall not apply. Saidfinding may be incorporated in theresolution ordering the improvement
or acquisition.19-516. .Jurisdiction. The resolu-tion determining said necessity shallbe adopted by the affirmative voteof four members of the Council, and
its finding and determination shallbe final and conclusive.
19-517 NonapI)lication This Ar-ticle shall not apply to a proceeding
which is excepted from the provi-
sions of said Investigation Act , orwhen proceedings have been takcnpursuant to said Act.
Article 2. Improvement Act of 1911.
19-521. Powers. When proceedingsare taken pursuant to this Article
the Improvement Act of 1911 shallapply.19-522. Cash Assessments, Alterna-tive Collection. As an alternative
method for the collection of cashassesnnents or assessments of less
than $25.00 levied under the provi-sions of this Article , the Councilmay, and upon the written request
of the contractor or his assignsmust, by resolution adopted at or
before the third Tuesday in Septem-ber, direct that such assessments becollected upon the tax roll uponwhich general taxes are collected
for said City.19-523. Id.Resolntion, Contents.Said resolution shall contain a
description of the properties soassessed, the amount of such assess-ments , together with interest there-on from th e date of filng theoriginal list of unpaid assessments
and at the rate of one per cent
per month to the next succeedingthirty-first day of December of the
tax year for which such roll shallhave been prepared, and the totalamounts of principal and interest oneach property.
19-524. Id.Filng. A certified
copy of said resolution shall bedelivered immediately to the officer
dcsignated by law to extend citytaxes upon the tax roll on whichthev are collected.
19-525. Yd.Extension on Roll.Said offieer shall extend upon such
1'011 the total amounts of such as-sessments and interest.
19-526. Yd. - Collection. Sa i damounts shall be colleciedat the
same time and in the same manneras general municipal taxes are col-lected , and be subject to the samepenalties and interest , and to thesame procedure under foreclosureand sale in case of delinquency, as
provided for general municipaltaxes, all of which laws for thelevy, enforcement and collection ofwhich are hereby made applicable tosuch special assessment taxes.
19-527. I.I.payment to Contractor.
Said assessments and the interestso entered shall become due andpayable to the contractor or his as-signs at the office of the city treas-
urer on the second day of January
next succeeding.
19-528. Yd.Default. Upon default
in payment, the lands so assessedshall be sold in the same manner
in which real property in such Cityis sold for the non-payment of gen-
eral municipal taxes , and be subjectto redemption within one year fromthe date of sale in the same manner
as such real property is redeemedfrom such delinquent sale , and upon
failure of such redemption , shall in
like manner be sold or pass by deedto the City. The City shall not, how-
ever, be required to pay into the
assessment fund any part of such
delinquency until such property beredeemed or sold and money re-ceived therefor.
19-529. Id.Id.Rcsale. Upon re-ceipt of such deed the City shallthcrcupon offer and sell such prop-erty at public auction in the manner
provided by law for the sale of itstax deeded property, and the amount
of said assessment and the penal-ties and interest thereon less thecosts of said sale sball be paid to
said contractor or his assigns.19-5210. Id.Id.No Bidder. In theevent there shall have been no bid-der offering the amount then dueon such property, it may, at theCitys election , be declared sold to
the owner of such assessment , andin like manner be deeded to him,and such assessment ordered satis-
fied of reeard.
Article 3. Street Opening Act of 1903.
19-531. Powers. When proceed-
ings are taken pursuant to this
Article the Street Opening Act of
1903 shalJ apply.
19-532. Closing. Said proceedingsmay be for closing or abandoningany street or easement, and theCouncil may therein determine thatno assessment is necessary.
19-533. Resoiution of Intention.The ordinance of intention shall becalJed a resolution.19-534. Notice of Improvement.The notice of improvement shall beso called and no map need be c()n-tained therein.19-535. Cash Assessments, Alter-native Collection. Cash assessments
or assessments for less than $25.may be collected as provided in the
alternative procedure of Article 2hereof.
Article Municipal Improvement
Act of 1913.
19-541. Powers. When proceedingsare taken pursuant to this Articlethe Municipal Improvement Act of
1913 shall apply.
19-542. Heuring. The hearIng onthe report need not be set for more
than ten (10) days beyond the day
of setting.
19-543. Bonds. Bonds may be is-
sued upon any supplemental as-
sessment and more than one suchassessment maybe had.
19-544. Pay ment-Time. The time
provided for payment of assess-
ments may be thirty (30) days.
19-545. Id.To Whom. Paymentsshall be made to the City Treasurer
unless the Council shall specifysome other officer to whom pay-
ments are to be made.
19-546. Eminent Domuin. Proceed-ings in eminent domain may be ex-ercised under the Code of CivilProcedure.
19-847. Id.Benefits. Since the as-sessment is made upon an estimateand before the interlocutory judg-
328-
ments in said action , benefits shall
be credited against severance dam-ages in said action.
19-548. Stipulations for .Judgment.Stipulations and proceedings there-on for judgment may be had as pro-vided in the Street Opening Act of1903.
19-549. Offset. Awards and as-
sess!"ents m!'y be offset as provid-n the Street Opening Act of
19-5410. Referees. Reference toreferees may be had as provided in
the Street Opening Act of 1903.
Article
CHAPTER 6. ASSESSMENT BOND PROCEDURE
1. General Provisions
2. Bond Plan A. Lot Bonds
3. Bond Plan B. District Bonds
4. Bond Plan C. District (Liabilty)
Article 1. General Provisions
19-611. Purpose. When bonds are
to be issued in any proceeding hadand taken in connection with anypublic improvement , and/or acquisi-tion , and/or immediate possessionand/or street closing, pursuant to
this Title , the same shall be issuedpaid and collected in accordance
with this Chapter.19-612. Declaration in Resolutionof Intention. When the Council shallhave determined that bonds shall
be issued to represent the cost and
expenses of any proposed work or
improvement or of the possessionor acquisition of any property inany such proceeding, it shall so de-
clare in its resolution of intentiontherefor, and shall specify pursuant
to which plan herein provided , such
bonds shall be issued, the date oftheir maturity follo\ving the date
of their issuance , the interest ratewhich they shall bear, which shall
not exceed six per cent per annum;provided , however that such inter-est rate may be stated to be notto exceed a rate stated therein.
19-613. Form of Bonds. When-ever any bonds shall be issued pur-suant to anyone of the plans hereinprovided, such 150nds shall be sub-stantially in the form provided inthe particular pian specified, withsuch appropriate changes in the
wording of such bonds as to show
that they had been issued pursuant
to such plan of this Chapter.
19-614. . Execution. The signature
on the interest coupons and all sig-
natures excepting one signature onthe bonds may be by printed , en-graved or lithographed or otherprocess.
19-615. Sale of Bonds. When any
bonds issued hereunder are to besold, they may be sold by the
Council as it shall determine. Theproceeds of such sale shall be
placed in the City Treasury to thecredit of the fund for which theyhad been issued, and shall be appliedexcl usi vely to th purposes andobjects thereof.
19-616. Premium. If any bonds besold for an amount in excess of parsuch excess shall be paid into the
fund for the improvement , unlessthe Council shall otherwise deter-mine.
19-617. Distribution of Surplus. In
the event of a surplus remaining
in the redemption fund after pay-ment of the entire principal and
interest on all bonds issued under
Bonds
any plan mentioned herein , for re-tirement of which such fund shallhave been established, such surplusshall, subject to any other specialprovision herein therefor, be appliedfIrst to repayment to the City ofany balance due it for contributions
and advances which it may havemade to the redemption fund, andof any special taxes which it may
have levied in aid thereof otherthan any regular taxes levied to re-
tire any such bonds , and of anymoneys due it for costs incurred orcharges allowed, together with in-terest on such sums at the ratementioned in such bonds. The ex-cess , if any, shall be paid into thegeneral fund of the citv
19-618. Registration AgainstTheft. The provisions of An Act to
Provide for the Registration ofBonds Issued by the State of Cali-?rnia, or a:'jl County, City andCounty, JVlumClpal Corporation , orother PolItICal Corporation , approvedAprIl 14 . 1913 . shall apply.19-619. Id.Delinquent Bonds. Theprovisions of An Act to Provide forthe Registration of Bonds and In-terest Coupons Unpaid for Want ofFunds and the Preference and Pav-
ment Thereof in the Order of suchRegistration when Funds are Ayail-able , approved June 7 , 1935, shallapply.
19-6110. Id.Lost Bonds. The pro-
VISIOns of An Act to Provide for theIssuance of Duplicate Bonds 'War-rants and other Evidences 'of In-debtedness of Counties, Municipaland other Public Corporations ap-proved June 10, 1933, shall apply.19-6111. Payment of Assessmentswith Matured Bonds and Coupons.Payment of all , or any portion , ofany aSReSS111ent taxes levied to paythe principal or interest due, or to
become due , on the bonds of anvdistrict formed under this Titlemay be made with matured bonds ormatured coupons of such district.
Such bonds and coupons shaii beaccepted and treated as cash , andwhen so receIved shall be canceiiedand the interest and sinkin fundof such district shall be c editedwith the face value thereof.
Article 2. Bond Plan A. Lot Bonds
. 19-621. Powel's. When bonds areIssued pursuant to this plan thebond provisions of the Improvement
Act of 1911 shall apply.
19-622. Assessments Under $25.00.As an alternative method for the
eollection of such assessmentswhich are of an amount less thant,-lenty-five dollarR proceedingsmay be had in accordance with the
alternative provisions of Article 3hereof.
19-623. .Premlum. In addition to
the amonnts provided in Sec. 6447of said Act , to be paid by the
owner in the event he desires to
diseharge the lien of such bond
Lhe owner shall pay a premium of
five per cent (5%) of the unpaid
principal of such bond. 'l'he redemp-
tion provisions contained in suchbond as provided in said Sec. 6447of said Act , shall have added there-to the words "together with a prem-ium of five per cent (5 %) of theunpaid principal."
Article 3. Bond Plan B.District Bonds
19-631. Powers. "Vhere bonds are
issned pursuant to this plan theImprovement Bond Act of 1915 shallapply,
19-632 Assessments Under $25.00.Bonds mav be issued in the totalan10unt of all assessments inamounts of less than twenty-fivedollars which are unpaid at suchtime, to mature at the same timeas the maturity of the first series
of such serial bonds , and whichassessments shall become due andpayable at the same time as that
portion of the larger asseSSll1entswhich shall have been collected forthe payment of the first series ofthe serial bonds and the interestthereon.
19-633. Unpnill I,ist. The list orunpaid assessments filed with the
City Clerk by the Street Superinten-
dent shall separately state in suchlist the total of the assessmentswhich are of twenty-five dollars or
over in an10unt and the asseSSlnents
which are under twenty-five dollars
in amount.
19-634. Denominations. Bonds forthe amount of the assessments
which are not an even multiple of
not less than 100.00 or more thau
:J28-
1000.00 may be made to mature atthe same time as the first series ofbonds.
Article 4. Bond Pian C. District
(Liabilty) Bonds.
19-641. Powers. '''hen bonds are
issued pursuant to this plan the
provisions of Sections 14, 15 , 16 , 17,
20, 21, 22 , 24 , 25 , 26, 27 and 28 of theRefunding Assessment Bond Act of
1935 shall apply.
19-642, Bond Form. Appropriatechanges shall be made in the formof the bonds to show that they have
been issued for a public improve-ment or acquisition.
19-643, Advance Payment. Assess-ments for said bonds may be paidin advance of maturity in the man-
ner provided in the ImprovementBona Act of 1915, and the provisionsthereof shall be inserted in saidbonds, instead of the provisions insaid Refunding Act.
19-644. Assessments ITuder $25.00.Bonds may be issued in the totalamount of all assessments in
amounts of less than twenty-fivedollars which are unpaid at suchtime, to mature at the same timeas the maturity of the first series
of such serial bonds , and which as-sessments shall become due and
payable at the same time as that
portion of the larger assessmentswhich shall have heen collected forthe payment of the first series ofthe serial bonds and the interestthereon.
19-645. ITnpaid List. The list ofunpaid assessments filed with theCity Clerk by the Street Superin-tendent shall separately state insuch list the total of the assessments
which arc of twenty-five dollars orover in amount and the assessmentswhich arc under twenty-five dollars
in an10unt.
19-646. Benoluinations. Bonds forthe amount of the assessments
which are not an even multipie of
not less than $100.00 or more than1000.00 may be made to mature atthe same time as the first series ofbonds.