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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. 328- 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 328- 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, 328- 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 328- 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.