Chapter 12.32
PUBLIC IMPROVEMENTS
Sections:
12.32.020 Procedure authorized.
12.32.030 Order to hold hearing—Determination of nature of work.
12.32.040 Description of district.
12.32.050 Time, place and notice of hearing.
12.32.060 Publication of notice.
12.32.080 Form and contents of notice.
12.32.100 Hearing—Decision—Effect.
12.32.110 Combined hearing authorized.
12.32.120 Combined notice authorized.
12.32.010 Short title.
This procedure ordinance codified herein may be cited, known and referred to as the “Debt Limit Ordinance.” (Ord. 122 § 14, 1964)
12.32.020 Procedure authorized.
Before the city council adopts any resolution ordering the construction of any public improvement or the acquisition, or both, of any property for public use herein referred to as “improvement,” where the cost thereof is to be paid in whole or in part by special assessments or through special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the city council as provided herein that the public convenience and necessity require the same.
If such procedure is not so followed and if such finding and determination is not made pursuant thereto, the requirements otherwise prescribed by the Special Assessment Investigation Limitation and Majority Protest Act of 1931, (Division 4, Streets and Highways Code) and Article XIII, Section 17, of the Constitution shall be complied with when applicable before any such resolution may be adopted. (Ord. 122 § 1, 1964)
12.32.030 Order to hold hearing—Determination of nature of work.
The city council may order and hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Before ordering such hearing the city council shall determine in general the nature, location and extent of such proposed improvement.
Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and for all particulars, relative thereto, which plans, profiles, specifications, maps or plats shall be on file with the city clerk and open to inspection. (Ord. 122 § 2, 1964)
12.32.040 Description of district.
The city council shall also generally define the boundaries or extent of the district or lands to be specially assessed to pay all or any part of the cost of the proposed improvement.
The district may be described by:
(1) Stating the exterior boundaries thereof; or
(2) Giving a description thereof according to any official or recorded map or maps; or
(3) Referring to a plat or map on file in the office of the city clerk which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district. (Ord. 122 § 3, 1964)
12.32.050 Time, place and notice of hearing.
The city council shall fix a time and place of public hearing on the question whether the public convenience and necessity require such improvement and shall order such hearing to be held by the city council.
The city council shall also prescribe reasonable notice of hearing to be given by publication and posting, which notice shall satisfy the minimum requirements provided by this chapter. In prescribing such notice, reference may be made to this chapter for particulars. (Ord. 122 § 4, 1964)
12.32.060 Publication of notice.
The city clerk shall cause notice of such hearing to be published once in a newspaper circulated in the city and the county. The publication shall be not less than ten days prior to the date of the hearing. (Ord. 122 § 5, 1964)
12.32.070 Posting of notice.
The city clerk shall cause notice of such hearing to be conspicuously posted along the line of the contemplated work, at points not more than three hundred feet in distance apart, but not less the three in all, or, when the work to be done is only upon an entire crossing or intersection or any part thereof, at one point in each quarter block or irregular block liable to be assessed.
If the work is chargeable upon a district, copies of the notice shall also be posted on all the open streets within the district at points not more than three hundred feet in distance apart on each street so posted. In every case all posting shall be completed at least ten days before the day set for hearing protests or objections. No proceeding shall ever be held invalid for any defect in the giving of notice if this section has been substantially complied with. (Ord. 122 § 6, 1964)
12.32.080 Form and contents of notice.
Such notices shall, in legible characters, state briefly the work proposed, designating it by its short title, or otherwise the act under which the project or improvement is proposed to be undertaken; that the costs thereof or a part of such costs shall be assessed against lands to be benefited thereby; the day, hour and place of the hearing; that the city council proposes to find and determine whether the public convenience and necessity require the improvement; and that after such finding the proposed improvement may be ordered without further debt limitation or majority protest proceedings. Other pertinent matters may be included in the notice. (Ord. 122 § 7, 1964)
12.32.090 Protests.
At the time set for the hearing, protests may be made by any person interested who objects to the determination by the city council that public convenience and necessity require the improvement or to the ordering of such improvement without further proceedings for majority protest or debt limitations. (Ord. 122 § 8, 1964)
12.32.100 Hearing—Decision—Effect.
The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution ordering the improvement the city, council shall, consider and pass upon all protests filed and all matters presented and its decision thereon shall be final and conclusive.
If by such decision the council finds and determines no less than a four-fifths vote of all members thereof the public convenience and necessity require such improvement, the council may thereafter, in accordance with the improvement act, adopt a resolution ordering the improvement substantially as proposed, or as modified, altered or changed by order of the council as authorized by the improvement act for the project.
After such finding and determination by city council, the provisions of law for debt limitation and majority protest as set forth in Article XIII, Section 17, of the Constitution shall not apply, and it shall not be necessary for the council to prepare or to cause to be prepared, hear, notice for hearing, or report, the hearing of any report thereon as to such improvement, except as may be required by the law for the conduct of the improvement proceedings. (Ord. 122 § 9, 1964)
12.32.110 Combined hearing authorized.
The hearing required by this chapter may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed. (Ord. 122 § 10, 1964)
12.32.120 Combined notice authorized.
Notice of hearing required by this chapter to be given by posting may be given by posting a separate notice or may be given by stating the necessary matters in a notice of hearing of protests, posted pursuant to the improvement act under which the proceedings are taken.
The publication of notice of hearings as required herein may be given by publishing a separate notice, or by setting forth necessary recitals therefor in the resolution of intention, if published, or in such other notice of hearing of protests as may be published pursuant to the improvement act under which the proceedings are taken.
In any event notice shall be given by both posting and publication of notice of hearing in the manner, and for not less than the time, required herein, and the time, place and purpose of this hearing shall be stated in any such notice. (Ord. 122 § 11, 1964)