Acquisition or Improvement. The words, “acquisition” or “improvement,” when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this Code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being, in relation to the resolution of intention.

“Block,” whether it be a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it.

“City” means City of Gilroy.

“Clerk” and “city clerk” refer to city.

“Contractor” means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to whom a contract for the performance of any work authorized is awarded.

“Council” or “city council” means council of the city.

“County” means Santa Clara County.

“Engineer” and “city engineer” refer to city.

General Law. The words “general law” or the word “act” or the reference to any law or act by its title shall mean an enactment of the legislature of the state. Unless herein otherwise provided, such law shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in the proceedings.

Incidental Expenses.

1. Acquisition. The term “incidental expenses,” when referring to proceedings for an acquisition, shall be deemed to mean and shall include:

a. The amounts awarded to the defendants by the interlocutory judgments;

b. The costs of the defendants;

c. The compensation and expenses of the referees, as allowed by court;

d. All other costs of the plaintiff in such action and expenses incurred by it in the trial thereof, including the compensation paid expert appraisers and witnesses;

e. All expenses necessarily incurred in connection with such proceedings for the publication, mailing and posting of resolutions, notices, and orders in any of the proceedings;

f. For maps, plats, surveys, searches and certificates of title to the property to be acquired;

g. The compensation of the attorneys;

h. The compensation of the engineers;

i. The clerical, stenographic and printing expenses incident to the actions;

j. The estimated cost of preparing and selling the bonds; and

k. Any other expenses incurred by authority of this chapter or incidental to the completion of the acquisition in the manner herein specified.

2. Improvement. Incidental expenses, when referring to proceedings for an improvement, shall be deemed to mean and shall include all expenses necessarily incurred in the proceedings:

a. For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings;

b. The compensation of the attorneys;

c. The compensation of the superintendent of work;

d. The compensation of the engineers;

e. The estimated cost of preparing and selling the bonds; and

f. Any other expenses incurred by authority of this Code or incidental to the completion of the improvement in the manner herein specified.

“Lot,” “land,” “piece,” or “parcel of land,” whether used singly or in combination, include property owned or controlled by any person.

“Owner” means the person owning the fee, or the person in whose name the legal title to the property appears by deed duly recorded in the county recorder’s office in which the property is situated, or the person in possession of the property or buildings under claim of ownership, or exercising acts of ownership over the same for himself, or as life tenant, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner.

“Parking place” includes a parking lot, garage, or sub-surface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places.

“Paved” or “repaved” includes pavement of any commonly used paving material.

“Place” includes any public street, alley or easement or other public property which has been dedicated and accepted or is otherwise publicly owned according to law, or which has been in common and undisputed use by the public for a period of not less than five years next preceding, or which is sought to be acquired in any proceeding undertaken pursuant to this chapter, or which is sought to be acquired in conjunction with any proceeding undertaken pursuant hereto.

“Project” or “improvement” when used in the generic sense, means the acquisition and/or improvement undertaken in a singular proceeding.

“Quarter block,” when used with reference to an irregular block, includes all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next street, or, if no street intervenes, to a boundary line of some other parcel which is not a part of that block.

“Street” includes avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding, or which have been dedicated to a semi-public use.

“Superintendent of streets” means director of public works of the city.

“Treasurer” means director of finance of the city.

“Work” or “improvement,” whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this chapter, as well as the construction, reconstruction and repair of all or part of any such work or improvement. (Ord. No. 645, § 40; Ord. No. 809, § 1, 11-6-67)

12A.3 Scope of chapter.

Proceedings for the acquisition or construction, or both, of any public improvement or property of a local nature or the acquisition of lands or easements, or buildings or improvements or property, or any or more than one thereof, therefor, may be had pursuant to this chapter, whether or not provided in any general law. (Ord. No. 645, § 3)

12A.4 Applicability to pending proceedings.

This chapter shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date hereof, excepting proceedings for a supplemental assessment, a reassessment, a refunding and the curative provisions hereof. (Ord. No. 645, § 4)

12A.5 Alternative nature of procedures.

The procedures provided in the several articles or bond plans in this chapter are alternative. (Ord. No. 645, § 5)

12A.6 Provisions may be supplemental to general law.

This chapter is not exclusive, but the resolution of intention in any proceeding under an act or general law may provide that such act or general law is supplemented by any part or parts hereof. (Ord. No. 645, § 6)

12A.7 Chapter to supersede general law in conflict therewith.

The provisions of this Code shall be controlling over the provisions of any general law or act in conflict with this chapter in any proceeding taken pursuant to this chapter. (Ord. No. 645, § 8)

12A.8 Authority for adoption of chapter provisions.

This chapter is adopted pursuant to the municipal affairs provision of the Charter of this city. In proceedings had pursuant hereto which are a municipal affair, the general laws herein referred to are deemed a part hereof. (Ord. No. 645, § 9)

12A.9 State affairs deemed done pursuant to general law.

In the event any proceeding had pursuant to this chapter shall be adjudged a state affair, it is hereby declared to be the intention that such proceedings were had pursuant to the general law or laws cited in this chapter specified in the resolution of intention therein. (Ord. No. 645, § 10)

12A.10 Combining acquisitions and improvements in single proceeding.

One or more acquisitions and improvements or acquisitions or improvements undertaken pursuant to this chapter may be had in a single proceeding. (Ord. No. 645, § 11)

12A.11 General provisions controlling over specific provisions.

The provisions of this article are supplemental to and controlling over the provisions of each other part of this chapter in conflict therewith. (Ord. No. 645, § 12)

12A.12 Resolution of intention to specify applicable provisions.

The resolution of intention adopted pursuant to this chapter shall specify the parts of this chapter pursuant to which the proceedings therein are taken. (Ord. No. 645, § 50)

12A.13 Description of improvement by reference to resolution of intention.

In all resolutions, notices, orders and determinations, subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number for a description of the work or improvement. (Ord. No. 645, § 51)

12A.14 Notices, etc.—Publication not required unless expressly provided for.

No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this chapter, shall be necessary to give validity to any of the proceedings provided for in this chapter. (Ord. No. 645, § 60)

12A.15 Same—Duty of city clerk to publish generally.

Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of posting or publishing or mailing, or procuring the same, is not specifically enjoined upon any officer or person, the clerk shall post or procure the publication or posting thereof, as the case may be. (Ord. No. 645, § 61)

12A.16 Same—Newspaper publication; time of hearing.

Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city. If any hearing is therein noticed, such hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law. (Ord. No. 645, § 62)

12A.17 Same—Posting and mailing generally.

It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto unless no publication is provided or posting or mailing is necessary to provide jurisdiction. In such event such posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law. (Ord. No. 645, § 63; Ord. No. 719, § 1)

12A.18 Same—Place of posting.

All documents provided to be posted, other than a notice of improvement, shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the City Hall. (Ord. No. 645, § 64)

12A.19 Same—Mailing address.

When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved, as follows:

(a) To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for city taxes, including the utility roll, at said addresses.

(b) In cases of transfers of land, or parts thereof, subsequent to the date on which the last assessor’s roll was prepared, to such transferee, at his name and address, as the same appear on the records in the assessor’s office which the assessor will use to prepare the next ensuing assessor’s roll.

(c) To each person, including the owner or person having an interest in property assessed by the State under Section 14 of Article XIII of the California Constitution, who have filed with the county assessor for the current fiscal year a statement of his name, address and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Gov. Code 58905), at said address.

(d) To such person at his address or as otherwise known to the clerk.

(e) In the case of doubt as to the name and address of any owner, the clerk shall cause said notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on entering, leaving or passing said property. (Ord. No. 645, § 65; Ord. No. 809, § 2, 11-6-67)

Amendment note—Ord. No. 809, § 2, amended § 12A-19 which prior to amendment provided for mailing or notice to the property owners according to their names and addresses “as appearing on the last equalized roll on which city taxes are collected, or as filed with or known to the clerk.”

12A.20 Same—Notice of improvement.

Notices of improvement, issued pursuant to this chapter, shall be entitled “Notice of Improvement” in letters at least one-half inch in height. The council may provide in the resolution of intention or other document fixing hearing whether and where such notices shall be posted. (Ord. No. 645, § 66)

12A.21 Same—Certificate of publication.

The certificate of the clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required. (Ord. No. 645, § 67)

12A.22 Public property—May be excluded from assessment.

If any lot or parcel of land belonging to the United States, or to the state, or to any county, city, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feebleminded or the insane, is in use in the performance of a public function, and fronts upon the proposed work, or is included within the district to be assessed to pay the costs and expenses thereof, the legislative body may, in the resolution of intention, declare that such lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work. (Ord. No. 645, § 70)

12A.23 Same—Assessment of remaining property when excluded.

If any lots or parcels of land described in the preceding section are omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land fronting on the work, or lying within the limits of the assessment district, without regard to such omitted lots or parcels of land. (Ord. No. 645, § 71)

12A.24 Same—Liability of city when included in assessment.

If the city council, in the resolution of intention, adopted pursuant to this chapter, declares that any lot or parcel of land owned and used as provided in section 12A.22 shall be included in the assessment, then the city shall be liable for such sums as may thereafter be so assessed excepting for such portions as it shall by agreement collect from the entity owning same; provided, however, that when such property is subject to assessment as provided in section 5302.5 of the Streets and Highways Code, the provisions thereof shall apply. (Ord. No. 645, § 72)

12A.25 Assessment of privately owned public utility property.

Property owned or used by any privately owned public utility shall be assessed in the same manner as other property in the district. (Ord. No. 645, § 73)

12A.26 Reduction of assessments; contributions to city, etc.

Contributions or partial payments from the United States or the state or any agency of either, or from the county, may be accepted and the same or any available city moneys applied to any part of the costs of a project at any time during or after the proceedings and applied in reduction of the amount assessed or to be assessed therefor. (Ord. No. 645, § 80)

12A.27 Purchase of assessments, etc., by city—Declaration of intention.

In any proceeding had hereunder, the city may declare in the resolution of intention that it intends to purchase the assessment, warrant or bonds to be issued therein.

In such case, the city shall succeed to all rights under such assessment, warrant and bonds. (Ord. No. 645, §§ 81, 84)

12A.28 Same—Payment.

The city shall, upon the issuance of the assessment, warrant or bonds, as the case may be, pay to the contractor, who shall have been awarded the contract to do the work in such proceeding, in case of public improvements, or into court, in case of acquisition proceedings, the principal amount thereof. (Ord. No. 645, § 82)

12A.29 Same—Bonds to be payable to bearer.

Bonds, when issued shall be made payable to bearer. (Ord. No. 645, § 83)

12A.30 Same—Improvements, etc., of city.

The city shall have like power to subsequently acquire and own any bonds or assessments or contract issued or levied or made hereunder, or now issued and outstanding, for any improvement and/or acquisition of the city. (Ord. No. 645, § 85)

12A.31 Purchase of delinquent property by city—Authorized.

The city may bid and purchase any real or personal property offered for sale for the nonpayment of any improvement assessment levied and assessed under any of the provisions hereof, or of any installment thereof, or penalties or costs or interest thereon, or any suit brought to foreclose such assessment. (Ord. No. 645, § 86)

12A.32 Same—Sale of acquired property.

Whenever any property shall have been acquired by the city at any such sale, then such property, or any lien thereon or interest therein created by such assessment, may be released, assigned, sold or otherwise disposed of by city as it shall determine; provided, however, that no such release, assignment, sale or other disposition of any such lien or interest, or of any such property, shall be made unless there shall be first paid to city a sum of money equal to, and not less than the amount paid therefor by city, together with all accrued penalties, costs, interest, and necessary expenses incurred; provided, further, that if any lien or interest, or property, cannot, as determined by the council, be sold for the amounts or charges computed as herein provided, then the council may by four-fifths vote, of all its members, sell any such lien or interest or property for the best price obtainable according to its judgment. (Ord. No. 645, § 87)

12A.33 Performance of work by force account—Authorized.

The council may, by resolution adopted by a four-fifths vote of all its members, determine and declare that in its opinion the work in question may be more economically and satisfactorily performed by day labor, or the materials and supplies purchased at a lower price in the open market, and to order that the same be done by force account, in the manner herein stated, without further observance of the provisions hereof with reference to the award of contract, or execution of contract or bonds. (Ord. No. 645, § 90)

12A.34 Same—City to act in lieu of contractor and provide engineer.

In the case of performance of work by force account as described in the preceding section, the city shall have the same rights as a contractor, and such work and improvements shall be directed by the city engineer. (Ord. No. 645, § 91)

12A.35 Same—City to become owner of assessment upon completion of work.

When such work shall have been completed, the city shall become the owner of the assessment made to pay the cost thereof, and of all bonds issued thereon, with like power of enforcement as if held by a contractor. No warrant need be issued in such case. (Ord. No. 645, § 92)

12A.36 Same—Collection of amounts due city.

The superintendent of streets or other city officer designated by the council is authorized, after the assessment and diagram shall have been recorded, to collect and receive payment of the several amounts due thereon in the manner provided in such act under which the proceedings shall have been taken for, and in the place of, such contractor, or his statement of payments received, when filed, shall constitute and be in lieu of, the contractor’s return of the warrant and statement of payments received. (Ord. No. 645, § 93)

12A.37 Same—Bonds to be payable to bearer.

Such bonds, when issued, shall be made payable to bearer. (Ord. No. 645, § 94)

12A.38 Revolving fund—Authorized.

In the exercise of any of the powers now or hereafter provided for in this chapter, including the right to take immediate possession in eminent domain proceedings, the council may create, use and reimburse a revolving fund or funds. (Ord. No. 645, § 100)

12A.39 Same—Procedure.

The revolving fund may be established, operated, reimbursed, reduced or dissolved, in which event Article 2, Chapter 3, Division 4, Title 4 of the Government Code¹ shall apply. (Ord. No. 645, § 101)

12A.40 Description of property—By reference to assessment roll, maps, deeds, etc.

Parcels may be described as contained on the assessment roll on which city taxes are collected, or with reference to recorded maps or deeds or assessors’ maps, or by other means sufficient for identification. (Ord. No. 645, § 110)

12A.41 Same—Diagram in reference to, etc., official maps; relationship of property to acquisitions, etc.

The diagram may describe the property in reference to or be copies of official maps or assessors’ maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements. (Ord. No. 645, § 111)

12A.42 Objections to improvements, etc.—To be made prior to hearing.

Objections may be made to ordering improvements or acquisitions, or to grades, or to an assessment, or the extent of the district, or to any supplemental assessment or reassessment, the legality of any act or proceedings, or to changes, or to any part of any thereof, at or before the hour set for hearing thereon. (Ord. No. 645, § 120)

12A.43 Same—Waiver.

All objections not made within the time and manner herein provided are waived. (Ord. No. 645, § 161)

12A.44 Same—Form.

Protests shall be in writing, signed by the protestant, contain a description of the property owned by him sufficient to identify same, and state their interest therein and the nature of the protest, and be filed with the city clerk. (Ord. No. 645, § 121)

12A.45 Same—Illegality to be specified.

Objections to legality shall specify the illegality and no other illegalities need be considered. (Ord. No. 645, § 122)

12A.46 Same—Council authorized to overrule.

The council, by the affirmative vote of four-fifths of its members, may overrule protests by the owners of more than half the area to be assessed. (Ord. No. 645, § 123)

12A.47 Hearings—When to be held.

No hearing need be set for a longer period than the time required for giving notice thereof. (Ord. No. 645, § 130)

12A.48 Same—Functions of council.

At the hearing the council shall consider and pass upon the protests, may remedy or correct any irregularity, and may order any improvement or acquisition to be completed according to the plans and specifications and to their satisfaction. (Ord. No. 645, § 131)

12A.49 Same—Continuances.

A hearing may be continued. Where any matter is noticed for hearing and is not heard it shall be deemed submitted and may be acted upon at any subsequent meeting. (Ord. No. 645, § 132)

12A.50 Modifications—Enumerated.

During the progress of the project, the legislative body may make changes in the improvements or acquisitions, the boundaries of the proposed assessment district, or the assessment or the estimate of costs, or in any of the proceedings or procedures. (Ord. No. 645, § 140)

12A.51 Same—Notice of intention; publication of notice.

Where such changes as are authorized by the preceding section result in extending the boundaries of the assessment district, increasing the total amount to be collected, or increasing improvements or acquisitions or making substitutions therein, or in the proceedings or procedures, they shall not be ordered except after notice of its intention so to do published by two insertions in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing, the first of which shall be at least ten days before the day of hearing. (Ord. No. 645, § 141)

12A.52 Same—Protests against.

Protests may only be made against the proposed changes. (Ord. No. 645, § 142)

12A.53 Same—Order to carry out.

If no protests are made, or are found to be insufficient, or have been overruled, immediately thereon the council may order such changes. (Ord. No. 645, § 143)

12A.54 Same—Recordation.

Changes may be made upon the face of the plans, specifications, estimate, diagram, assessment or other document affected, or by an amended or supplemental document. (Ord. No. 645, § 144)

12A.55 Same—Effect of order to carry out on lien date of original assessment.

The lien date of the original assessment shall not be affected by such order. The lien date of such changes shall be the date on which the original assessment was recorded. (Ord. No. 645, § 145)

12A.56 Supplemental assessment—Authorized.

If the first assessment for any improvement or acquisition, or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered, or to be rendered, and the costs and expenses of such action or proceedings, or the estimated amount of any thereof, are insufficient, the council may order a supplemental assessment to raise such deficit. (Ord. No. 645, § 150)

12A.57 Same—How made and collected.

Every supplemental assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment or a reassessment may be had therefor, and the proceedings may be repeated until sufficient money is raised to pay for same. (Ord. No. 645, § 151)

12A.58 Same—Procedure.

Notice shall be given, protests may be made, and the supplemental assessment heard, confirmed and recorded as herein provided for modifications. (Ord. No. 645, § 152)

12A.59 Same—Notice, demand and payment.

Proceedings for notice, demand and payment shall be had as provided for the original assessment. (Ord. No. 645, § 153)

12A.60 Decisions of council to be final and conclusive.

All decisions and determinations of the council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings, or which can be remedied, and as to illegalities not amounting to a want of due process of law. (Ord. No. 645, § 162)

12A.61 Effect of notice to pay assessments.

The notice to pay assessments under the Street Opening Act of 1903 or Municipal Improvement Act of 1913, and a notice confirming assessment or reassessment under any other procedure herein, shall have like curative effect as the Notice of Award under the Improvement Act of 1911.² (Ord. No. 645, § 163)

12A.62 Effect of procedural irregularities, omissions, etc.—Generally; remedy of aggrieved persons.

This chapter shall be liberally construed in order to effectuate its purpose. No error, irregularity, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken pursuant to this chapter, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall void or invalidate such proceeding or any assessment for the cost of any work or acquisition pursuant to this chapter. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this chapter. (Ord. No. 645, § 164)

12A.63 Same—Validity not affected by departure from procedure for giving notice when notice actually given.

No step in any proceeding shall be invalidated or affected by any error or mistake or departure from the provisions of this chapter as to the officer or person posting or publishing or mailing, or procuring the publication or posting or mailing, of any notice, resolution, order or other matter when such notice is actually given for the time required. (Ord. No. 645, § 165)

12A.64 Same—Assessments, bonds, etc., not to be invalidated when resolution or notice actually published.

No assessment, reassessment, supplemental assessment, warrant, diagram or bond, or any of their levy or issuance, and no proceedings for same, shall be held invalid by any court for any error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention or notice of improvement have been actually published as provided in this chapter. (Ord. No. 645, § 166)

12A.65 Same—Dedication or acquisition before judgment deemed sufficient.

No proceedings shall 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 or acquired; provided, that the same shall have been lawfully dedicated or acquired or an order for immediate possession and use thereof shall have been obtained at any time before judgment is entered in any legal action. (Ord. No. 645, § 167)

12A.66 Limitation of actions.

No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments or reassessments or supplemental assessments shall be maintained by any person unless such action, suit or proceedings shall have been commenced within thirty days after the acquisition or improvement have been ordered or such assessment shall have been confirmed.

Where such proceedings are for an ad valorem levy, the period shall be thirty days after the ordering of such levy with reference to such levy as to any levy, and thirty days after ordering the issuance of the bonds with reference to their issuance as to any bonds. If such action or suit is not brought within the time herein specified, all persons shall be barred from any such action.

No defense based on invalidity or irregularity in any such proceedings shall be raised or pleaded after the expiration of such thirty day period. (Ord. No. 645, § 170)

12A.67 Validating proceeding.

The city council, at any time after the adoption of the resolution of intention, 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 such warrant or award of such bonds to him, may bring an action in the superior court of the state in and for the county in which it is situated, to determine the validity of any such proceedings and of such proposed contract, or of the assessment or tax levied or to be levied, or of such bonds issued or to be issued.

The validation procedure of the Improvement Act of 1911³ shall apply. (Ord. No. 645, §§ 171, 172)

12A.68 Reassessments—Reasons for having.

If, in the opinion of the council, any assessment heretofore or hereafter issued is void or unenforceable, for any cause, or if bonds are issued to represent or be secured by any assessments and such issuance is not effective through the curative provisions applicable thereto to make them valid and enforceable, or if the previous assessment or bonds are insufficient to pay the cost or estimated cost of the project, or if the council shall determine that the public interest will be served thereby, a reassessment may be had. (Ord. No. 645, § 180)

12A.69 Same—Uncompleted improvements.

Where the assessment was for an uncompleted improvement a reassessment may be had notwithstanding the fact that the improvement is not completed. In such case the reassessment shall assess upon the lands benefited the benefits derived from the improvement or to be derived from the improvement when completed. (Ord. No. 645, § 181)

12A.70 Same—Procedure.

The reassessment shall be made upon the demand of the contractor or his assigns, or the owner or holder of bonds aggregating one third of the principal amount outstanding, or upon order of the legislative body, and shall be made in the manner and form provided by the Improvement Act of 1911 and Improvement Bond Act of 1915. Nothing contained herein shall prevent the council from ordering a reassessment on its motion, and its decision so to do shall be final.⁴ (Ord. No. 645, § 182)

12A.71 Same—Interest.

In the resolution ordering the reassessment, the council shall determine whether the reassessment shall include interest, and if so, the rate at which and the date from which it shall be computed. In lieu thereof, it may order that the reassessment shall bear interest at a rate and from a date certain. (Ord. No. 645, § 183)

12A.72 Same—Demand and payment of bonds.

If the bonds have not been issued, or if the bonds outstanding are not to be replaced by new bonds, proceedings for notice to pay, demand and payment shall be had as provided for the original assessment. (Ord. No. 645, § 184)

12A.73 Priority of liens.

The lien of a fixed lien assessment, whether a bond or bonds are issued to represent it, shall have priority over all fixed lien assessments which may thereafter be created against the property. (Ord. No. 809, § 3, 11-6-67)

12A.73-1 Same—Reassessment, refunding and supplemental assessment.

The lien of a reassessment and a refunding assessment shall have the same priority as the original assessment to which it relates. A supplemental assessment is a new assessment. (Ord. No. 809, § 3, 11-6-67)

12A.73-2 Lien date.

Immediately upon the recording of a notice of assessment in the office of the county recorder, any assessment shall thereupon be a lien on the property against which it is made. (Ord. No. 809, § 3, 11-6-67)

12A.73-3 Constructive notice.

From and after the date of recording a fixed lien warrant, assessment and diagram and from and after the recording of the notice of assessment, all persons shall be deemed to have notice of the contents of each thereof. (Ord. No. 809, § 3, 11-6-67)

12A.73-4 Duration of lien.

The lien of a fixed lien assessment shall continue for a period of four (4) years from the date of recording the notice of assessment. In the event bonds are issued to represent the assessment, the lien shall continue until the expiration of four (4) years from the due date of the last installment upon the bonds or of the last principal coupon attached thereto. (Ord. No. 809, § 3, 11-6-67)

12A.73-5 Uniform priority law.

The provisions of Article 13, Chapter 4, Part 1, Division 2, Title 5 (commencing with Section 53930) of the Government Code, providing a uniform law to the priority of liens, fixed lien and of ad valorem assessments, shall apply. (Ord. No. 809, § 3, 11-6-67)

12A.74 Repealed by Ordinance No. 719.

ARTICLE II. ACQUISITION AND IMPROVEMENT PROCEDURE

12A.75 Investigation proceedings—Generally.

When it appears that the public convenience and necessity require an acquisition and/or improvement and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931⁵, a public hearing shall be held on the question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this article. (Ord. No. 645, § 201)

12A.76 Same—Preliminary determination of necessity.

A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition. Such resolution may be consolidated with the resolution of intention. The council shall, by resolution, set a time and place when and where any and all persons interested may appear and show cause, if any they have, why the council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with such Investigation Act.⁶ (Ord. No. 645, § 202)

12A.77 Same—Notice of hearing.

Notice of the time and place of such hearing shall be given by publication in one or more issues of a newspaper published and circulated in the city and by posting in such place as the council may direct. The posting and the first publication shall be had at least ten days before the day of such hearing. Such notice may be incorporated in the notice of improvement, or in the resolution of intention when it is published. (Ord. No. 645, § 203)

12A.78 Same—Final determination of necessity.

If no protests are made, or when the protests shall have been heard and overruled, the council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act referred to in section 12A.75 shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition. (Ord. No. 645, § 205)

12A.79 Same—For change and modification.

When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications. (Ord. No. 645, § 206)

12A.80 Same—Objections by interested persons.

Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act referred to in section 12A.75. (Ord. No. 645, § 204)

12A.81 Same—Adoption and jurisdiction of resolution determining convenience and necessity.

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of fourth-fifths of the members of the council, and its finding and determination shall be final and conclusive. (Ord. No. 645, § 207)

12A.82 Same—Exceptions.

This article shall not apply to a proceeding which is excepted from the provisions of the Investigation Act referred to in this article, or when the investigation proceedings have been avoided or taken pursuant to such act. (Ord. No. 645, § 208)

12A.83 Same—Proceedings not in accord with existing law; order of council to be final.

Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act referred to in this article or without proceedings under this article, proceedings may thereafter be had under this article with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive. (Ord. No. 645, § 209)

12A.84 Cash assessments, etc.—Collection upon general tax roll.

As an alternative method for the collection of cash assessments or assessments of less than fifty dollars levied under the provisions of this article, the council may, and upon the written request of the contractor or his assigns must by resolution adopted at or before the first day of September, direct that such assessments be collected upon the tax roll upon which general taxes are collected for the city. (Ord. No. 645, § 211)

12A.85 Same—Applicable state law.

When proceedings are taken pursuant to this article the Improvement Act of 1911⁷ shall apply. (Ord. No. 645, § 210)

12A.86 Same—Contents of resolution.

The resolution provided for in section 12A.84 shall contain a description of the properties so assessed, the amount of such assessments, together with interest thereon from the date of filing the original list of unpaid assessments and at the rate of one per cent per month to the next succeeding thirty-first day of December of the tax year for which such roll shall have been prepared, and the total amounts of principal and interest on each property. (Ord. No. 645, § 212)

12A.87 Same—Filing copy of resolution.

A certified copy of the resolution provided for in section 12A.84 shall be delivered immediately to the officer designated by law to extend city taxes upon the tax roll on which they are collected. (Ord. No. 645, § 213)

12A.88 Same—Extension on tax roll.

The officer referred to in the preceding section shall extend upon such roll the total amounts of such assessments and interest. (Ord. No. 645, § 214)

12A.89 Same—Time and manner of collection.

The amounts shall be collected at the same time and in the same manner, as general municipal taxes are collected, and be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for general municipal taxes, all of which laws for the levy, enforcement and collection of which are hereby made applicable to such special assessment taxes. (Ord. No. 645, § 215)

12A.90 Same—Payment to contractor.

The assessments and the interest so entered shall become due and payable to the contractor or his assigns at the office of the city treasurer on the second day of January next succeeding. (Ord. No. 645, § 216)

12A.91 Same—Default in payment—Purchase of delinquent property by city.

Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in the city is sold for the nonpayment of general municipal taxes, and be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from such delinquent sale, and upon failure of such redemption, shall in like manner be sold or pass by deed to the city. The city shall not, however, be required to pay into the assessment fund any part of such delinquency until such property be redeemed or sold and money received therefor. (Ord. No. 645, § 217)

12A.92 Same—Same—Resale.

Upon receipt of such deed the city shall thereupon offer and sell such property at public auction in the manner provided by law for the sale of its tax deeded property, and the amount of such assessment and the penalties and interest thereon less the costs of the sale shall be paid to the contractor or his assigns. (Ord. No. 645, § 218)

12A.93 Same—Same—No bidder.

In the event there shall have been no bidder offering the amount then due on such property, it may, at the city’s election, be declared sold to the owner of such assessment, and in like manner be deeded to him, and such assessment ordered satisfied of record. (Ord. No. 645, § 219)

12A.94 Opening and closing streets under article—Applicable state law.

When proceedings are taken pursuant to this article, the Street Opening Act of 1903⁸ shall apply. Such proceedings may be for closing or abandoning any street or easement, and the Council may therein determine that no assessment is necessary. (Ord. No. 645, § 231)

12A.95 Same—Resolution of intention.

The ordinance of intention shall be called a resolution. (Ord. No. 645, § 232)

12A.96 Same—Notice of improvement.

The notice of improvement shall be so called and no map need be contained therein. (Ord. No. 645, § 233)

12A.97 Same—Collection of cash assessments, etc.

Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of sections 12A.84 to 12A.93. (Ord. No. 645, § 234)

12A.98 Works existing or under construction—Applicable state law.

When proceedings are taken pursuant to this article, the Municipal Improvement Act of 1913⁹ shall apply. (Ord. No. 645, § 240)

12A.99 Same—Determination of value.

Works or improvements which are existing or under construction, may be acquired for the value thereof to be determined by the council, or by engineer’s certificates. (Ord. No. 645, § 241)

12A.100 Same—Hearing.

The hearing on the report need not be set for more than ten days beyond the day of setting. (Ord. No. 645, § 242)

12A.101 Same—Time for payment of assessments.

The time provided for payment of assessments may be thirty (30) days. (Ord. No. 645, § 243)

12A.102 Same—Payment of assessment to be made to city treasurer—Exception.

Payment shall be made to the city treasurer unless the council shall specify some other officer to whom payments are to be made. (Ord. No. 645, § 244)

12A.103 Same—Surplus.

If there is, or the city council shall determine that there will be, a surplus in the construction fund, it may determine that said moneys may be used for any one or more of the following purposes:

(a) For transfer to the general fund of the city, provided that the amount shall not exceed the lesser of $1,000 or five percent (5%) of the total amount expended from the construction fund;

(b) To reimburse the city for any contributions or advances to or for the construction fund that were not pledged in the resolution of intention;

(d) As provided in section 12A.103-1. (Ord. No. 645, § 249; Ord. No. 809, § 4, 11-6-67)

12A.103-1 Same—Credit on assessment.

As an alternative method of disposition, the surplus shall be refunded or credited to the parties assessed, as follows:

(a) Where the assessment or any installment has been paid in cash, the credit shall be returned in cash to the owner of the land upon which the assessment was levied, as such owner appears from the last equalized assessment roll at the time the refund is made.

(b) Where the assessment or any installment is unpaid, the credit shall be applied upon the assessment or the earliest unpaid installment of principal and interest; or

(c) When the assessment is ad valorem in nature and not fixed liens, the surplus shall be deposited in the bond interest and redemption fund. (Ord. No. 809, § 5, 11-6-67)

12A.104 Same—Eminent domain proceedings.

Proceedings in eminent domain may be exercised under the Code of Civil Procedure. (Ord. No. 645, § 245)

12A.105 Same—Same—Stipulations for judgment.

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.¹⁰ (Ord. No. 645, § 246)

12A.106 Same—Same—Offset of assessment against award.

Awards and assessments may be offset as provided in the Street Opening Act of 1903 referred to in the preceding section. (Ord. No. 645, § 247)

12A.107 Same—Reference to referees.

Reference to referees may be had as provided in the Street Opening Act of 1903 referred to in section 12A.105. (Ord. No. 645, § 248)

12A.108 Parking place—Defined.

Parking place includes a parking lot, garage, or sub-surface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places. (Ord. No. 645, § 260)

12A.109 Same—Council to have power to acquire, construct, etc.

There is hereby vested in the council the power to acquire construct, reconstruct, install, extend, enlarge, repair, improve, maintain and operate public automobile parking places within the city; to acquire, by purchase, lease or eminent domain, the lands and public rights of way necessary or convenient therefor, to acquire and construct public improvements and equipment and facilities necessary or convenient therefor, and to levy assessments and issue bonds to pay for the cost of the whole or any part thereof and the expenses incidental thereto. (Ord. No. 645, § 261)

12A.110 Same—Formation of districts; levying of assessments, etc.

The whole, or any portion, of the city may be formed into an improvement and/or maintenance district and assessments may be levied upon, and bonds may be issued against, the properties therein for the purpose of paying for the costs of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating parking places, and the expenses incidental thereto. Proceedings for the formation of such district or districts levying such assessments and issuing such bonds, shall be had as provided in sections 12A.129 to 12A.180. (Ord. No. 645, § 262)

12A.111 Same—Purchasing, leasing, etc., property within city.

The city may purchase, lease, obtain, option upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise, and hold, sell, lease, exchange, transfer, assign, or otherwise dispose of, any real or personal property within the city, or any interest in, or improvement on, such property. All property shall be acquired and held in the name of the city. (Ord. No. 645, § 263)

12A.112 Same—Same—Property belonging to city.

City lands or property may be acquired. In such event the resolution of intention shall describe same and state the amount and manner of payment of the compensation. In lieu thereof, the council may provide in the resolution that the compensation for the property shall be an amount to be fixed by the decision of two or three disinterested competent appraisers to be appointed by the city council. (Ord. No. 645, § 264)

12A.113 Same—Same—Sale of property not needed; disposition of proceeds.

The council may sell any property acquired for parking places which is not needed therefor. Any money received from such sale may be used for the acquisition, construction or improving of other parking places in the district. It may also be applied as a credit on any assessments levied for the acquisition of such property, in which case the provisions of section 12A.103 shall apply. (Ord. No. 645, § 265)

12A.114 Same—Restriction of use.

When, in its opinion, the public interest and economy will be served thereby, the council may lease one or more parking places and facilities. In so doing, the council may restrict or partially restrict their use to owners and tenants of real property in the district and classes of persons designated by such owners or tenants. (Ord. No. 645, § 266)

12A.115 Same—Surplus space.

Surplus space may be rented or devoted to commercial uses other than for the parking of automobiles when in the council’s judgment it is necessary or convenient to conduct or permit such use in order to utilize properly the property as a parking space. Rentals received for such purposes shall be deposited in the improvement fund or in the operating fund or in the bond interest and redemption fund for said project as the council shall determine. (Ord. No. 645, § 267)

12A.116 Same—Fees and rentals.

The council may fix rentals, fees or other charges for the properties, works and facilities of any parking place. In so doing, it may establish rates, charges or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges and rentals charged other persons. (Ord. No. 645, § 268)

12A.117 Same—Operating expenses; assessment to be apportioned among properties within parking district.

Parking places may be maintained and operated, and all or any costs and expenses thereof, including rent, repairs, replacement, fuel, power, electrical current, care, supervision, and any other items necessary for the proper maintenance and operation thereof, may be expended for that purpose. Included in such costs may be the cost of replacements, improvements and extensions to any parking place necessary or convenient for the proper operation thereof.

An annual assessment may be levied upon the real property within the district established therefor for the purpose of maintaining and operating such parking places. Such assessment shall be in an amount clearly sufficient to pay any and all costs and expenses of maintaining and operating such parking places then due or thereafter to accrue before the proceeds of another levy shall be available therefor. Such levy shall be apportioned among the properties within such district on the basis of the ad valorem value of such land as shown on the last equalized secured and utility tax rolls upon which city taxes are collected. (Ord. No. 645, § 270)

12A.118 Same—Collecting assessment.

The officer who performs such duty shall compute and extend the amounts thereof in the next tax rolls on which city taxes are collected, and it shall be collected in the same manner, and be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for nonpayment thereof, and title shall pass to the purchaser, as provided for city taxes, except that the period of redemption shall be one year instead of five. (Ord. No. 645, § 273)

12A.119 Same—Annual report estimating cost of maintenance and operation.

When any part of the operative cost is to be paid by a special levy, the city administrator shall annually file with the city clerk a written report stating in reasonable detail the estimated cost of maintenance and operation for which an assessment is to be levied in that year, including the cost of replacements, improvements and extensions to any parking place. It shall also state the rate of the levy to be made therefor. When such report shall have been preliminarily approved by the council, the clerk shall give notice to interested persons that such report has been filed in his office and open to inspection, and of a time and place when such report will be heard by the council and an assessment ordered. Such notice may be by publication in a newspaper published in the city, or by mail to the last assesses of the property at their addresses appearing in the last city tax roll, or as known to the clerk, at least ten days before the day set for hearing. (Ord. No. 645, § 271)

12A.120 Same—Same—Hearing.

The report shall be fully heard, and may be altered, amended or supplemented by the council. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, such report shall be confirmed by resolution of the council. Such levy shall become and remain a lien on the property described therein from the date it is confirmed until paid. (Ord. No. 645, § 272)

12A.121 Same—Transfer of funds by city; reimbursement.

The city may advance funds for the acquisition, construction or improving of such parking places, or for the maintenance and operation thereof, and reimburse itself from the proceeds of any assessment subsequently levied for that purpose. It may also make contributions thereto from available funds. (Ord. No. 645, § 274)

12A.122 Same—Pledges for payment of bonds.

The council may, at any time, make such pledge or pledges as it shall determine, for the payment of the principal and interest of the bonds, or for the maintenance and operation of the facilities acquired or to be acquired therewith, or for adequate reserves, from the income and revenue of on and off street parking facilities. (Ord. No. 645, § 275)

12A.123 Same—Covenants to secure payment of bonds.

The council may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds. (Ord. No. 645, § 276)

12A.124 Same—Alteration of districts.

The boundaries of such district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the council, which shall give notice that such matter, and all persons interested, will be heard by the council at a time to be stated therein, at the regular meeting place of the council. (Ord. No. 645, § 277)

12A.125 Same—Same—Publication of resolution of intention.

Such resolution shall be published twice in a newspaper of general circulation published in the city, the first of which shall be at least ten days before the date fixed for hearing. (Ord. No. 645, § 278)

12A.126 Same—Same—Hearing.

The hearing may be adjourned from time to time. At the hearing the council shall have power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed. (Ord. No. 645, § 279)

12A.127 Same—Same—Order to be final.

The council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. (Ord. No. 645, § 280)

12A.128 Same—Same—Effect of order to annex.

Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of the improvements. (Ord. No. 645, § 281)

ARTICLE III. ASSESSMENT BOND PROCEDURE

DIVISION 1. GENERALLY

12A.129 Applicability of article.

When bonds are to be issued in any proceeding had and taken in connection with any public improvement, and/or acquisition, and/or immediate possession, and/or street closing, pursuant to this chapter, the same shall be issued, paid and collected in accordance with this article. (Ord. No. 645, § 300)

12A.130 Resolution of intention to issue.

When the council shall have determined that bonds shall be issued to represent the cost and expenses of any proposed work or improvement or of the possession or acquisition of any property in any proceeding under this chapter, it shall so declare in its resolution of intention therefor and shall specify pursuant to which plan herein provided such bonds shall be issued, the term or maximum term of their maturity following their date and the rate or maximum rate of interest they shall bear, as determined by the council. (Ord. No. 645, § 301; Ord. No. 855, § 1, 6-16-69; Ord. No. 1025, § 1, 10-29-74; Ord. No. 80-10, § 1, 4-7-80)

12A.131 Form of bonds.

Whenever any bonds shall be issued pursuant to any one of the plans herein provided, such bonds shall be substantially in the form provided in the particular plan specified, with such appropriate changes in the wording of such bonds as to show that they had been issued pursuant to such plan. (Ord. No. 645, § 302)

12A.132 To be dated as council determines; delaying date.

The bonds shall be dated as the council shall determine; provided, that in a proceeding had pursuant to sections 12A.84 to 12A.93, the written consent of the contractor and his assigns shall be obtained before delaying their date. (Ord. No. 645, § 303)

12A.133 Interest.

The interest shall be computed from a date on or after the thirty-first day following the recordation of the assessment; provided, however, that in a proceeding had pursuant to sections 12A.84 to 12A.93, the written consent of the contractor or his assigns shall be obtained. (Ord. No. 645, § 304)

12A.134 Annual serial amounts.

The bonds shall be made to mature in such annual serial amounts as the council shall determine. (Ord. No. 645, § 305)

12A.135 Divisions for issuance of bonds.

The bonds may be issued in more than one division having different dates and dates from which interest shall run. (Ord. No. 645, § 306)

12A.136 Execution of interest coupons.

The signature on the interest coupons and all signatures excepting one signature on the bonds may be by printed, engraved or lithographed or other process. (Ord. No. 645, § 307)

12A.137 Sale of bonds—Disposition of proceeds.

When any bonds issued hereunder are to be sold, they may be sold by the council as it shall determine. The proceeds of such sale shall be placed in the city treasury to the credit of the fund for which they had been issued, and shall be applied exclusively to the purposes and objects thereof. (Ord. No. 645, § 308)

12A.138 Same—At premium.

If any bonds be sold for an amount in excess of par, such excess shall be paid into the fund for the improvement, unless the council shall otherwise determine. (Ord. No. 645, § 309)

12A.139 Registration—Against theft.

Bonds may be registered against theft, in which event Article 7, Chapter 4, Division 4, Title 4 of the Government Code shall apply. (Ord. No. 645, § 310)

12A.140 Same—For nonpayment.

Bonds may be registered for nonpayment, in which event Article 2, Chapter 3, Part 1, Division 1, Title 5 of the Government Code shall apply. (Ord. No. 645, § 311)

12A.141 Replacement of bonds, etc.

New bonds or coupons may be issued to replace lost or destroyed bonds, in which event the provisions of Article 3, Chapter 3, Part 1, Division 2, Title 5 of the Government Code shall apply. (Ord. No. 645, § 312)

12A.142 Payment of assessments with matured bonds and coupons.

Payment of all, or any portion, of any assessment taxes levied to pay the principal or interest due, or to become due, on the bonds of any district formed under this chapter may be made with matured bonds or matured coupons of such district. Such bonds and coupons shall be accepted and treated as cash, and when so received shall be cancelled, and the interest and sinking fund of such district shall be credited with the face value thereof. (Ord. No. 645, § 313)

DIVISION 2. BOND PLAN A. LOT BONDS

12A.143 Applicable state law.

When bonds are issued pursuant to this plan, the bond provisions of the Improvement Act of 1911¹¹ shall apply. (Ord. No. 645, § 320)

12A.144 Interest.

When the assessment was levied under this division, interest shall run from the date of filing the list of unpaid assessments. Otherwise, interest shall run from a date to be determined by the council. (Ord. No. 645, § 321)

12A.145 Assessments under fifty dollars.

As an alternative method for the collection of such assessments which are of an amount less than fifty dollars, proceedings may be had in accordance with the alternative provisions of sections 12A.84 to 12A.93. (Ord. No. 645, § 322)

DIVISION 3. BOND PLAN B. DISTRICTS BONDS

12A.146 Applicable state law.

Where bonds are issued pursuant to this plan, the Improvement Bond Act of 1915¹² shall apply. (Ord. No. 645, § 330)

12A.147 Assessments under fifty dollars.

Bonds may be issued in the total amount of all assessments in amounts of less than fifty dollars which are unpaid at such time, to mature at the same time as the maturity of the first series of such serial bonds, and which assessments shall become due and payable at the same time as that portion of the larger assessments which shall have been collected for the payment of the first series of the serial bonds and the interest thereon. (Ord. No. 645, § 331)

12A.148 List of unpaid assessments.

The list of unpaid assessments filed with the city treasurer by the street superintendent shall separately state in such list the total of the assessments which are of fifty dollars or over in amount and the assessments which are under fifty dollars in amount. (Ord. No. 645, § 332)

12A.149 Bonds of uneven denomination.

Bonds for the amount of the assessments which are not an even multiple of not less than one hundred dollars or more than one thousand dollars may be made to mature at the same time as the first series of bonds. (Ord. No. 645, § 333)

12A.149.1 Refunding of bonds.

As an alternative to Division 11 (commencing with Section 9000) of the Improvement Bond Act of 1915 relating to the refunding of bonds under said act, the provisions of Division 11.5 (commencing with Section 9500) shall apply to bonds heretofore or hereafter issued under said act. (Ord. No. 85-10, § 1, 7-15-85)

DIVISION 4. BOND PLAN C. DISTRICT (LIABILITY) BONDS

12A.150 Applicable law.

When bonds are issued pursuant to this plan the provisions of sections 12A.146 to 12A.149 shall apply, except as herein provided. (Ord. No. 645, § 340)

12A.151 Form.

Appropriate changes shall be made in the form of the bonds to show that they have been issued for a public improvement or acquisition pursuant hereto. (Ord. No. 645, § 341)

12A.152 Supplemental advances.

The provisions of the Improvement Bond Act of 1915¹³ which require the City to advance, as a loan to the bond redemption fund from available surplus funds, the amount of any delinquent installment of principal, interest and penalties thereon, shall not be mandatory and shall not be enforceable. (Ord. No. 645, § 342)

12A.153 Supplemental levies.

The provisions of the 1915 Act mentioned in section 12A.152 which require that the city shall cause to be levied a special tax of not to exceed ten cents on the one hundred dollars of taxable property in the city shall be restricted to the taxable property within the assessment district created in the proceedings or other district deemed benefited thereby and described in the resolution of intention, and shall not be enforceable against the city as a whole. (Ord. No. 645, § 343)

12A.154 Advance payment of assessment.

After the bonds are issued, the assessment on any parcel may be paid in advance in the manner provided in the 1915 Act mentioned in section 12A.152, by paying to the auditor the unpaid balance of principal plus interest to the date of payment if paid on an interest payment date, and otherwise, to the next succeeding interest payment date plus one year’s interest at the rate stated in the bonds, plus ten dollars for the cost of publication of the notice of call. The person paying shall not be entitled to any refund. (Ord. No. 645, § 344)

12A.155 Advance retirement of bonds.

When sufficient surplus moneys are in the redemption fund with which to call a bond, the treasurer shall call and retire a bond in the manner provided in the 1915 Act referred to in section 12A.152; provided, that the notice need only be given for a period of thirty (30) days. (Ord. No. 645, § 345)

DIVISION 5. BOND PLAN D. (AD VALOREM LAND BONDS)

12A.156 Bond issue authorized.

There is hereby vested in the council the power to issue serial ad valorem land bonds upon any district created under this chapter. (Ord. No. 645, § 360)

12A.157 Description, etc., of assessment district.

The proposed district shall be described in the resolution of intention and established as provided in the sections 12A.75 to 12A.128 pursuant to which such proceedings are had. (Ord. No. 645, § 361)

12A.158 Improvement bonds.

If such proceedings are had pursuant to sections 12A.84 to 12A.93, then upon completion of the work, the person appointed by the council to be in charge of the work shall prepare and file with the council a declaration that the work has been completed according to the contract therefor, together with an itemized statement of the cost of such work and of the expenses incidental to such proceedings, estimated to the conclusion of such proceedings. The amount of any contribution shall be stated therein as well as the balance for which bonds are to be issued. When the bonds have been issued they shall be delivered to the contractor upon his paying to the city any moneys due it for incidental expenses as stated in the declaration. The council may provide in the resolution of intention that the contractor shall be paid in cash from advances to be made to such project or from the proceeds of the sale of the bonds, in which event the bonds shall be issued as provided for the issuance of acquisition bonds. (Ord. No. 645, § 362)

12A.159 Acquisition bonds.

If the proceedings are had pursuant to sections 12A.94 to 12A.97, then upon the entry of all interlocutory judgments in any eminent domain proceedings brought pursuant thereto, proceedings shall be had substantially as provided herein for the issuance of improvement bonds. The bonds shall be sold by the council and the proceeds shall be used to pay the costs and expenses of the project. (Ord. No. 645, § 363)

12A.160 Municipal improvement district bonds.

If proceedings are had pursuant to sections 12A.98 to 12A.103, then in the resolution ordering the acquisitions or improvements the council shall determine the estimated cost of the acquisitions and improvements and of the expenses incidental thereto, and the total estimated amount of the bonds to be issued. The bonds shall be issued and sold and the proceeds shall be used to pay the costs and expenses of the project. (Ord. No. 645, § 364)

12A.161 Possession bonds.

If assessment proceedings are had pursuant to sections 12A.94 to 12A.103 and proceedings shall be had for the taking of immediate possession of the property to be acquired, then the person in charge of the proposed acquisitions shall prepare and file with the city an estimate of the amount of money necessary to be deposited in court for immediate possession, and proceedings shall be had for the issuance and sale of bonds therefor as provided for the issuance of acquisition bonds. In such event the council shall issue only such amount of additional bonds as is necessary to provide for the additional costs of such project and the proceeds of the possession bonds shall be finally used to apply to the cost of the acquisitions and improvements and expenses incidental thereto. (Ord. No. 645, § 365)

12A.162 Notice of hearing—To be given by city clerk; publication.

The clerk shall give notice of a time and place of hearing on the declaration filed in relation to the issuance of any bonds to be issued other than pursuant to sections 12A.98 to 12A.103. Such notice shall be published twice in a newspaper of general circulation published in said city, the first of which shall be at least ten days before the date set for hearing. (Ord. No. 645, § 366)

12A.163 Same—Contents.

The notice shall refer to the resolution of intention in the proceedings for identification, for a description of the work to be done or acquisitions or improvements to be had and for the boundaries of the assessment district, and notice shall be given therein to all persons interested that it is proposed to hear the report and issue bonds pursuant to this division, and any person feeling aggrieved by any act or determination done or made in such proceedings or claiming that any previous acts or proceedings were irregular, defective, erroneous or faulty, or claiming that the work or improvement has not been performed according to the contract in a good and substantial manner, or claiming that any portion of the work or improvement for any reason was omitted or illegally included in the contract, or having any objections or reasons why bonds should not be issued in the amount set forth in the declaration and statement on file, may appear before the Council at the time and place so fixed by it and be heard. (Ord. No. 645, § 367)

12A.164 Hearing.

All objections shall be made in writing and signed by the protestant and any grounds not stated therein and filed at or before the time fixed for hearing shall be deemed waived. The contractor or his assigns, and any other person or persons interested in the matter, may appear and be heard upon any of the matters referred to in such notice. The council may confirm, amend, alter, modify or correct the report in such manner as it shall deem just, and require the work to be completed according to its directions or those of the person designated by it therefor. (Ord. No. 645, § 368)

12A.165 Final order upon hearing; resolution to issue bonds.

In the council’s final order upon the hearing, or in the resolution ordering the acquisitions or improvements when the proceedings are had pursuant to sections 12A.98 to 12A.103, the council shall by resolution order the issuance of bonds. The resolution shall state the total principal amount thereof and the amount to mature in each year during their term. The first maturity of the bonds may be postponed for a period not beyond July second on the fifth calendar year following their date. The bonds may be made to mature on July second over a period not to exceed forty years from their date. (Ord. No. 645, § 369)

12A.166 Form and execution.

The bonds shall be in such form, shall be executed by the officers, and shall be made payable at the place or places within or without the state as the council shall determine. The bonds shall be negotiable in form and be payable to bearer. (Ord. No. 645, § 370)

12A.167 Issues, series and divisions.

An issue of bonds shall constitute all of the bonds issued pursuant to a resolution of intention. Each issue shall be given a serial designation. The council may, in its discretion, divide the issue into two or more divisions and fix different dates for the bonds of each division, in which event the bonds of each division shall be made payable at such time or times as the council shall determine. Possession bonds shall constitute a division of an issue. All bonds of any issue shall have equal priority. (Ord. No. 645, § 371)

12A.168 Right to redeem bonds before maturity date.

Bonds are not subject to call or redemption prior to their fixed maturity date unless the right to exercise the call is expressly stated on the face of the bonds. Provision may be made therein for a premium on call. (Ord. No. 645, § 372)

12A.169 Supplemental bond issue—Authorized.

If the proceeds of the bonds for any reason are less than the cost of the acquisitions and improvements and expenses incidental thereto, additional bonds may be issued by filing with the clerk a declaration or statement of the amount necessary therefor and by giving notice and holding a hearing and determining the amount of bonds to be issued therefor as provided herein for the issuance of bonds upon declaration, notice and hearing. Such bonds shall be deemed a division of the bonds of the main issue. (Ord. No. 645, § 373)

12A.170 Same—Interest.

Semiannual interest coupons shall be attached to such bonds and be made payable on the second days of January and July of each year, excepting that the first coupon shall be for interest from their date to the second day of January next succeeding four months after the date of such bonds. Provision may be made for the payment of interest from the proceeds of the sale of the bonds for the period of acquisition and construction of the project and for one year thereafter. If upon presentation at maturity payment of any bond is not made as herein provided, interest shall continue at the same rate until the principal is paid in full. (Ord. No. 645, § 374)

12A.171 Ad valorem tax—Authorized.

For each district in which an issue of bonds has been had pursuant hereto, the council shall annually, until all of the bonds and interest thereon have been paid in full, at the time of levying the taxes for general City purposes, levy an ad valorem assessment upon all lands within said district except publicly owned property, which levy shall be in an amount clearly sufficient, together with any moneys which are or may be in the redemption fund and after making adequate allowances for estimated delinquencies, to pay all of the principal of and interest on such bonds which shall become payable before the proceeds of another such levy shall be available therefor. (Ord. No. 645, § 375)

12A.172 Same—Collection.

The special assessment levy shall be levied and collected upon the last equalized secured and utility tax rolls upon which general city taxes are collected. It shall be in addition to all other taxes levied for general city purposes, and shall be levied, computed, entered, collected and enforced in the same manner and by the same persons and at the same time, and with the same penalties and interest, as are other taxes for city purposes, and all laws applicable to the levy, collection and enforcement of taxes for city purposes are hereby made applicable to such special assessment levy, and be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from the sale for general city taxes, and if not redeemed shall in like manner pass to the purchaser. (Ord. No. 645, § 376)

12A.173 Same—Contributions to redemption fund.

The council may annually, at or prior to the time the levy is made, or at such other time as it shall determine, transfer to the redemption fund of said bonds such amount or amounts as it shall determine. (Ord. No. 645, § 377)

12A.174 Zoning of assessment districts.

If, in the judgment of the council conducting the proceeding, varying benefits to be derived by the different parcels of land lying within the assessment district so require, the district may be divided into zones according to benefits. The district may be divided into as many zones—up to the total number of parcels of land in the district—as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefited in like measure. The council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. When the district is divided into such zones, the resolution of intention shall so state, giving such percentages to be raised from the lands in each zone. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the city clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones. (Ord. No. 645, § 378)

12A.175 Supplemental remedies.

The supplemental remedy provisions of part 13 (commencing at section 8800) of division 10 of the Streets and Highways Code shall apply. This section is adopted pursuant to section 43240 of the Government Code. (Ord. No. 645, § 379; Ord. No. 719, § 3)

12A.176 Issuance to be conclusive evidence of regularity, etc., of all proceedings.

All bonds issued and all taxes levied and collected pursuant to the provisions of this division shall by their issuance be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and determinations in anywise pertaining thereto, and after the same are issued no tax levied or collected for the purpose of paying the principal or interest on said bonds shall be held invalid or illegal, or set aside by reason of any error, informality, irregularity, omission or defect in said proceedings, not amounting to a want of due process of law. (Ord. No. 645, § 380)

12A.177 Issuance of new bonds when original proceedings are deemed irregular.

When any court of competent jurisdiction shall determine that any contract purporting to have been made, or any proceedings, steps or actions purporting to have been taken, or any bond or bonds issued, or any levy of assessment made, under this division, is or are void, invalid or unenforceable for any reason, or shall for any cause enjoin the issuance of any bonds proposed to be issued under this chapter, such court shall also determine that new bonds shall be issued in the place thereof. The council may also order the issuance of new bonds when it shall determine the existence of such voidness, invalidity or unenforceability. In such event the council shall cause a declaration to be filed which shall state the amount of any work performed, improvements made, acquisitions had, and the expenses incidental thereto, and the estimated cost of any to be had. The declaration shall be noticed and heard and new bonds issued as herein provided for acquisition bonds. (Ord. No. 645, § 381)

12A.178-1 Manner of enlarging district boundaries and effect of same.

The boundaries of any district heretofore or hereafter created pursuant to this article may be enlarged from time to time in the manner provided in sections 12A.124 to 12A.127, inclusive, and such annexation shall have the same effect as provided in section 12A.128. (Ord. No. 719, § 4; Ord. No. 809, § 6, 11-6-67)

DIVISION 6. BOND PLAN E (AD VALOREM REALTY BONDS)

12A.178 Authorization to issue.

There is hereby vested in the council the power to issue serial ad valorem realty bonds upon any district created in this chapter. (Ord. No. 645, § 390)

12A.179 Extent of annual assessment.

The annual ad valorem assessment to be levied therein shall be upon all land and improvements within the assessment district excepting publicly owned property. (Ord. No. 645, § 391)

12A.180 Applicable provisions.

Except as in this division otherwise provided, all of the provisions of sections 12A.156 to 12A.18.15.010 shall apply. (Ord. No. 645, § 392; Ord. No. 809, § 7, 11-6-67)

12A.181—12A.189 Reserved.

ARTICLE IV. MAINTENANCE DISTRICTS

DIVISION 1. APPLICATION AND EFFECT

12A.190 Short title.

This article may be cited and referred to as the City of Gilroy Maintenance District Act. (Ord. No. 86-14, § 1, 9-2-86)

12A.191 Alternative procedures.

The procedures in this article are alternative and shall not apply to or affect any other provisions of law. (Ord. No. 86-14, § 1, 9-2-86)

12A.192 Article not exclusive.

This article is not exclusive, but the resolution of intention in any proceedings under an act or general law may provide that such act or general law is supplemented by any part or parts hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.193 General law.

The words “general law” or the word “act” shall mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, said general law or act shall be as now or hereafter amended or codified.

In proceedings had pursuant to this article, the general laws or acts referred to herein shall be deemed a part hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.194 Owner.

The word “owner” shall mean all persons owning real property whose names and addresses appear as such on the last equalized assessment roll or who are known to the city clerk of said city. (Ord. No. 86-14, § 1, 9-2-86)

12A.195 Article superior.

The provisions of this article shall be controlling over the provisions of any general law or act in conflict herewith in any proceedings hereunder. (Ord. No. 86-14, § 1, 9-2-86)

DIVISION 2. GENERAL PROCEDURE

12A.196 Maintenance districts.

Whenever the city council determines that the costs and expenses of maintaining and operating any or all public improvements of a local nature have not been adequately financed and provided for, proceedings therefor may be undertaken pursuant to this article. (Ord. No. 86-14, § 1, 9-2-86)

12A.197 Powers.

The city council may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly, upon such district as said council shall determine will be benefited by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same officers as taxes for county purposes are collected. (Ord. No. 86-14, § 1, 9-2-86)

12A.198 Applicable general law.

When said council has declared its intention pursuant to section 12A.197 hereof, the applicable provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting sections 5850 to 5853, inclusive, shall apply; provided that all documents required to be posted shall be posted on or near the council chamber door or on any bulletin board in or adjacent to the city hall and in three (3) public places within the territory proposed to be formed into a maintenance district or to be annexed to an existing maintenance district. (Ord. No. 86-14, § 1, 9-2-86)

DIVISION 3. ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENTS

12A.199 Purpose.

The purpose of this article is to provide an alternative procedure by which the city council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, payable from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor, the nature and formulae or formulae for which is to be determined in the proceedings in which jurisdiction is provided for the use of such alternative procedure. (Ord. No. 86-14, § 1, 9-2-86)

12A.200 Resolution of intention.

The resolution of intention to order work done or improvements made or said separate resolution, declared pursuant to section 12A.197, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district and the zones of benefit, if any, to be established therefor. Said formula or formulae may prescribe a maximum rate or amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the director of public works to cause to be annually prepared a budget for the costs and expenses of maintaining and operating any or all of said improvements during the ensuing fiscal year. (Ord. No. 86-14, § 1, 9-2-86)

12A.201 Budget; contents.

The director of public works annually shall cause to be prepared a budget for the costs and expenses of maintaining and operating any or all of said improvements of a local nature during the ensuing fiscal year which shall include the following:

(1) The gross amount required for the costs and expenses of maintaining and operating said improvements;

(2) The surplus balance available at the end of the fiscal year for such purpose;

(3) The amount, if any, to be contributed by the city or from other sources to pay any part of said costs and expenses;

(4) The amount, if any, to be repaid to the city for funds advanced by it to pay deficits which occurred in prior years; and

(5) The net balance of the amount necessary to pay said costs and expenses. (Ord. No. 86-14, § 1, 9-2-86)

12A.202 Annual benefit assessment.

The amount provided in section 12A.201(5) hereof shall be raised by an annual benefit assessment on all of the lots or parcels of property within the maintenance district excepting therefrom any publicly owned lot or parcel of land in use in the performance of a public function. (Ord. No. 86-14, § 1, 9-2-86)

12A.203 Report—generally.

In each fiscal year in which a balance is provided in the budget to be raised to pay costs and expenses pursuant to section 12A.201(5) hereof, the director of public works shall cause to be prepared a report, in writing, for each maintenance district, which shall set forth the budget, the formula or formulae for the annual assessment levy and, by properly headed columns, show the following data as to each lot or parcel of property within the maintenance district:

(a) A description of each lot or parcel of property by a legal description, assessor’s parcel number or other description sufficient to identify the same;

(b) The amount of assessment to be levied against each lot or parcel of property in accordance with the formula or formulae; and

(c) Such other information as will be necessary or useful in applying the formula or formulae adopted by the city council. (Ord. No. 86-14, § 1, 9-2-86)

12A.204 Same—Filing with city clerk.

When the report has been completed and signed by the director of public works, it shall be filed with the city clerk, who shall present it to the city council for its consideration. (Ord. No. 86-14, § 1, 9-2-86)

12A.205 Same—Approval by city council.

The report shall be considered by the city council whereupon said council may approve the report as filed, or it may modify the report in any particular and approve it as modified. (Ord. No. 86-14, § 1, 9-2-86)

12A.206 Hearing—generally.

Upon approval of the report by the city council pursuant to section 12A.205 hereof, said council shall, by resolution, appoint a time and place of hearing thereon. (Ord. No. 86-14, § 1, 9-2-86)

12A.207 Same—Notice.

The city clerk shall cause notice of the hearing on the report to be given as follows: By mailing, postage prepaid, to all owners of property subject to said assessment to pay said costs of maintenance and operation; to be published once in a newspaper of general circulation in the city; and to be posted on or near the door of the council chambers or on any bulletin board in or adjacent to the city hall. Said mailing, publication and posting shall be completed not less than ten (10) days prior to such hearing. (Ord. No. 86-14, § 1, 9-2-86)

12A.208 Same—Form of notice to be published and posted.

The form of notice to be published and posted shall be substantially as follows:

NOTICE OF HEARING

__________ MAINTENANCE DISTRICT

NOTICE IS HEREBY GIVEN that the Director of Public Works of the City of Gilroy has caused to be prepared and filed with the City Clerk a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _________ to be borne by all lots or parcels of property within the existing district, or proposed maintenance district no. _________, more particularly described in Exhibit “A” hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a legal description, assessor’s parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19________—19________ against each lot or parcel of property. Said report shall be open to public inspection.

Any interested owner objecting to: (Only items with X are subject to objection at this hearing)

_________ formation of the district;

_________ boundaries of the district;

_________ fairness of the benefit formula or formulae;

_________ zones of benefit;

_________ the amount of the assessment on any lot or parcel of property owned by him/her;

may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protests, and may appear at said hearing and be heard in regard thereto.

Said report will be heard by the City Council at its meeting to be held on the _________ day of _________, 19_________, at the hour of _________ o’clock _________.m. in the regular meeting place of said council, Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California, at which time said council will examine said report and hear protests.

Notice prior to the final establishment of the district shall indicate that the formation of the district, the boundaries of the district and of any zones of benefit, the benefit formula and the amount of assessment are subject to protest. In years thereafter, only the amount of assessment or changes in the formula or formulae are subject to protest and the notice shall so indicate. (Ord. No. 86-14, § 1, 9-2-86)

12A.209 Same—Form of notice to be mailed.

The form of notice to be mailed shall be substantially as hereinabove set forth, and shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report.

If the city council adopts the report, the requirement for mailed notice shall not thereafter apply to hearings on reports prepared in subsequent years for the annual benefit assessment and notice by posting and publication as hereinafter provided shall be adequate. (Ord. No. 86-14, § 1, 9-2-86)

12A.210 Affidavits.

Affidavits or certificates of publication, posting and mailing shall be made and filed with the city clerk. (Ord. No. 86-14, § 1, 9-2-86)

12A.211 Protests—generally.

Any and all protests must be in writing, signed by the protestant, contain a description of the property owned by him/her sufficient to identify the same, and state the grounds of his/her protest. All written protests shall be filed with the city clerk at or before the time fixed for hearing who shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the city council all such protests. All protests not made within the time and in the manner herein provided shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to any act, determination or proceedings on which protest could have been made. (Ord. No. 86-14, § 1, 9-2-86)

12A.212 Same—Hearing.

In connection with the hearing provided for the establishment of the maintenance district, owners may protest as provided in section 12A.211 with regard to the establishment of the district, the boundaries thereof, the zones of benefit, the fairness of said benefit formula or formulae and the amount of the assessments. After a maintenance district has been established and finally determined, annual hearings will be limited to protests of the amounts of the assessment or any change in the formula or formulae. The city council may take and receive oral and documentary evidence pertaining to the matters contained in the report. (Ord. No. 86-14, § 1, 9-2-86)

12A.213 Initial modification.

At said hearing, the city council of its own volition or in response to any protest made, heard or considered, may make modifications in the formula or formulae for the purpose of making the same more fair and equitable; provided, however, that before making a final determination in said matter of modification it shall set said matter for hearing at a subsequent meeting of said council, which it shall call or to which it may adjourn; provided, further, that it shall give notice of the time, place and purpose of said meeting, by one publication in the newspaper in which the original resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation was published, at least ten (10) days prior to said hearing. If the formula or formulae modification consists solely of a decrease in such maximum rate or amount of annual benefit assessment, said council may order such decrease by resolution and no hearing need be held thereon. (Ord. No. 86-14, § 1, 9-2-86)

12A.214 Majority protest.

If the city council finds that protests against the payment of costs of maintenance and operation are made by the owners of more than one-half of the area of the property subject to benefit assessment to pay said costs of maintenance and operation in the proposed maintenance district, no further proceedings shall be taken for a period of six (6) months from the date of the decision of said council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The city council may adjourn the hearing from time to time. (Ord. No. 86-14, § 1, 9-2-86)

12A.215 Final determination.

At the initial hearing or at a subsequent hearing as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the city council subsequent to the full hearing of said matter, said council, by resolution, may finally adopt the district, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment. Annually thereafter, at the hearing or at any subsequent hearing as herein provided or at any meeting of said council subsequent to the full hearing of said matter, said council shall adopt a budget and the amount of assessment. (Ord. No. 86-14, § 1, 9-2-86)

12A.216 Subsequent modification—generally.

If, at any time following the final establishment of the formula or formulae for said annual assessment levies, the city council shall determine that, by reason of changed conditions or because of defects or insufficiencies therein disclosed by its application, the established formula or formulae is, in any particular, inequitable or unfair, or may be made more equitable and fair, said council may, by resolution, so declare, stating the reasons therefor, and fix a time and place of hearing thereon. (Ord. No. 86-14, § 1, 9-2-86)

12A.217 Same—Notice.

The city clerk shall cause a copy of the resolution adopted by the city council as provided in section 12A.216 hereof to be published once in the newspaper in which the resolution of intention or notice of improvement or notice of hearing on the formation of the maintenance district or notice of hearing on the proposed annexation in said proceedings was published; to be mailed, postage prepaid, to all owners of property in said maintenance district subject to benefit assessment to pay said costs of maintenance and operation; and to be posted on or near the door of the council chambers or on any bulletin board in or adjacent to the city hall. Said publication, mailing and posting shall be completed not less than ten (10) days prior to such hearing. (Ord. No. 86-14, § 1, 9-2-86)

12A.218 Same—Hearing and determination.

At the hearing provided for in section 12A.216 hereof, protests may be filed, heard and acted upon in the manner and with like effect provided in sections 12A.211 through 12A.215, inclusive, hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.219 Conclusiveness.

All decisions and determinations of the city council, on notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal to it, as to all errors, informalities and irregularities which said council might have avoided, or have remedied during the hearing on the report. (Ord. No. 86-14, § 1, 9-2-86)

12A.220 Certificate and filing.

The report, together with the certificate of the city clerk as to the fact and date of approval and adoption thereof by the city council as provided in section 12A.215 hereof shall forthwith be delivered to the county auditor of the county who shall thereafter deliver said report, as adopted, to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected. (Ord. No. 86-14, § 1, 9-2-86)

12A.221 Benefit assessments—Posting.

The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of the benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district as set forth in said report. The amount so posted shall appear as a separate item on the tax bill. (Ord. No. 86-14, § 1, 9-2-86)

12A.222 Same—Method of collection.

The special benefit assessments shall be collected upon the last secured tax roll upon which said ad valorem property taxes are collected. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with, and not separate therefrom and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are said ad valorem property taxes. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy, and the assessed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the purchaser. (Ord. No. 86-14, § 1, 9-2-86)

12A.223 Omitted property.

If any property within the maintenance district is erroneously omitted in any such report, said property shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year. (Ord. No. 86-14, § 1, 9-2-86)

12A.224 Consolidated hearing.

The procedures relating to the formation of a maintenance district or the annexation to an existing maintenance district and the alternative method for the levy of the annual benefit assessment hereunder may be consolidated for hearing purposes. (Ord. No. 86-14, § 1, 9-2-86)

DIVISION 4. APPLICABILITY TO MAINTENANCE DISTRICTS FORMED PRIOR TO THE EFFECTIVE DATE HEREOF

12A.225 Applicability—Petition.

The provisions of sections 12A.199 to 12A.224, inclusive, (the alternative method for the levy of benefit assessments) shall be applicable to maintenance districts formed before the effective date hereof, irrespective of the law pursuant to which said maintenance districts were formed, if all of the owners of all of the lots or parcels of property subject to benefit assessment to pay said costs of maintenance and operation request, in writing, that the alternative method for the levy of the benefit assessment as provided in said sections 12A.199 to 12A.224, inclusive, hereof shall apply. (Ord. No. 86-14, § 1, 9-2-86)

12A.226 Applicability—City council action.

Alternatively, the city council may, by separate resolution, declare its intention to order that the method for the levy of the benefit assessment as herein provided be made applicable to a maintenance district formed prior to the effective date hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.227 Resolution of intention.

The resolution of intention to apply the alternative method for the levy of the benefit assessment as provided in sections 12A.199 to 12A.224, inclusive, hereof, declared pursuant to section 12A.226, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district and the zones and benefits, if any. Said formula or formulae may prescribe a maximum rate of amount of annual benefit assessment to be levied for such purposes. Said resolution shall direct the director of public works annually to cause to be prepared a budget and report in accordance with sections 12A.201, 12A.202 and 12A.203, inclusive, hereof, which report shall be signed by him, filed with the city clerk, presented to the city council and approved by said council in accordance with sections 12A.204 and 12A.205 hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.228 Hearing—generally.

Upon approval of the report by the city council pursuant to section 12A.205 hereof, said council shall, by resolution, appoint a time and place of hearing thereon and the city clerk shall cause notice of the hearing on said report to be given in the time, form and manner provided in section 12A.207 hereof. (Ord. No. 86-14, § 1, 9-2-86)

12A.229 Same—Form of notice to be published.

The form of notice to be published and posted shall be substantially as follows:

NOTICE OF HEARING ON

__________ MAINTENANCE DISTRICT

NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk of the City of Gilroy, a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation _________ to be borne by all lots or parcels of property within the existing district or proposed maintenance district no. _________, more particularly described in Exhibit “A” hereto attached and by reference incorporated herein. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19________—19________ against each lot or parcel of property. Said report shall be open to public inspection.

Any interested owner objecting to: (Only items with X are subject to objection at this hearing)

_________ use of the alternative method of benefit assessment;

_________ zones of benefit;

_________ fairness of benefit formula or formulae;

_________ the amount of the assessment on any lot or parcel of property owned by him/her;

may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.

Said report will be heard by the City Council at its meeting to be held on the _________day of _________, 19_________, at the hour of _________o’clock _________.m., in the regular meeting place of said council, Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California, at which time said council will examine said report and hear protests.

(Ord. No. 86-14, § 1, 9-2-86)

12A.230 Same—Form of mailed notice.

The form of notice to be mailed shall be substantially as hereinabove set forth, but shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report. (Ord. No. 86-14, § 1, 9-2-86)

12A.231 Affidavits.

Affidavits or certificates of publication, posting and mailing shall be made and filed with the city clerk. (Ord. No. 86-14, § 1, 9-2-86)

12A.232 Hearing protests.

Owners may protest or object in the manner, at the time, and with the same force and effect as provided in section 12A.211 hereof with regard to use of the alternative method for the levy of the benefit assessment as provided in sections 12A.199 to 12A.224, inclusive, hereof as well as the fairness of the formula or formulae and the amount of the assessment. The city council may take and receive oral and documentary evidence pertaining to the matters contained in the report. (Ord. No. 86-14, § 1, 9-2-86)

12A.233 Majority protest.

If the city council finds that protests thereto are made by the owners of more than one-half of the area of the property subject to benefit assessment to pay said costs of maintenance and operation in said maintenance district to the use of the alternative method, no further proceedings shall be taken for a period of six (6) months from the date of the decision of said council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members thereof. The city council may adjourn the hearing from time to time. (Ord. No. 86-14, § 1, 9-2-86)

12A.234 Final determination.

Subsequent to the final hearing of said matter, the city council, by resolution, may finally adopt the alternative method of benefit assessment, a formula or formulae for the apportionment of benefits in said annual assessment levies, the budget and the amount of assessment and the assessment. (Ord. No. 86-14, § 1, 9-2-86)

12A.235 Application of sections 12A.199 to 12A.224, inclusive.

The procedures under sections 12A.199 to 12A.224, inclusive, hereof relating to the alternative method for the levy of benefit assessment apply equally to sections 12A.225 to 12A.234, inclusive, except as to matters specifically otherwise provided for herein. (Ord. No. 86-14, § 1, 9-2-86)

ARTICLE V. PARKING AND BUSINESS IMPROVEMENT AREA

12A.236 Area boundaries.

The description of the boundaries of said area so established by said ordinance and by this article, including the designation of separate benefit zones, is as follows:

All that land in the City of Gilroy, County of Santa Clara, State of California, more particularly described as follows:

Beginning at the intersection of the center line of Seventh Street with the prolongation of the easterly right-of-way line of the twenty-foot-wide alley between Eigleberry Street and Church Street; thence easterly along said center line to the Southern Pacific Transportation Company westerly right-of-way line; thence northerly along said line to the northeasterly corner of that Assessor’s Parcel 841-04-017 as shown on the 1988 roll; thence westerly along the common line of Assessor’s Parcels 841-04-017 and 018, 1988 roll, to a point on the center line of Monterey Street; thence north along said center line to a point intersecting the center line of Third Street; thence westerly along said center line to a point intersecting the prolongation of the westerly property line of Assessor’s Parcel 799-04-023, 1988 roll, fronting on Eigleberry Street; thence southerly along the west line of said Assessor’s Parcels 799-04-023 and 024 and 025; thence traversing along the west lines of Assessor’s Parcels 799-04-026 and 027 to the west line of 028; thence southerly along said west line of parcel 028 and the west line of those parcels fronting Eigleberry Street and continuing along the same general course along the common lines of parcels fronting Eigleberry Street and parcels fronting Church Street to a point 100 feet more or less north of Sixth Street on the north line of Assessor’s Parcel 799-07-032, 1988 roll; thence traversing to the west and south along the west line of said Parcel 032 to the center line of West Sixth Street; thence easterly along said center line to a point intersecting the easterly right-of-way line of the twenty-foot-wide alley between Eigleberry Street and Church Street; thence southerly along said easterly line to the Point of Beginning.

All that land in the City of Gilroy, County of Santa Clara, State of California, more particularly described as follows:

Beginning at the point of intersection of the northerly line of First Street with the westerly line of Monterey Street; thence in an easterly direction, across Monterey Street and across the northerly line of Assessor’s Parcel 841-02-008, 1988 roll, to the southwesterly line of the Southern Pacific Transportation Company right-of-way, and diagonally across said right-of-way to the northeasterly right-of-way line, and southerly along said right-of-way line to the westerly corner of Assessor’s Parcel 841-04-006, 1988 roll; thence traversing said parcel, northeasterly to the westerly right-of-way of Forest Street, southeasterly 397 feet to the northerly line of Assessor’s Parcel 841-04-001, 1988 roll; thence southwesterly along said line, 100 feet and southerly to the center line of Lewis Street; thence along said center line in a southwesterly direction to the southwesterly line of an alley between Alexander Street and Railroad Street; thence along said southwesterly line in a southeasterly direction to the northerly line of Old Gilroy Street; thence at right angles and diagonally across Old Gilroy Street to the Southern Pacific Transportation Company railroad track; thence along said railroad track, southeasterly to the northerly line of Tenth Street; thence along said line, southwesterly to the westerly line of Monterey Street; thence continuing southwesterly, 152.76 feet, more or less, to the westerly line of Assessor’s Parcel 799-11-033, 1988 roll; thence northwesterly, along the westerly property line of the properties fronting Monterey Street to the northerly line of Eighth Street; thence southwesterly along said line to the easterly line of a twenty-foot-wide alley between Eigleberry Street and Church Street; thence northwesterly along said line to the center line of Seventh Street; thence easterly along said center line to the Southern Pacific Transportation Company westerly right-of-way line; thence northerly along said line to the northeasterly corner of Assessor’s Parcel 841-04-017, 1988 roll, southerly 94 feet, more or less, from the prolongation of the southerly right-of-way of Third Street; thence westerly along the common line of Assessor’s Parcels 841-04-017 and 018, 1988 roll, to a point on the center line of Monterey Street; thence north along said center line to a point intersecting the center line of Third Street; thence westerly along said center line to a point intersecting the prolongation of the westerly property line of Assessor’s Parcel 779-04-023, 1988 roll; thence northerly on a course between Assessor’s Parcels 799-03-035 and 036; thence in a northwesterly direction along said common line, and along the southeasterly and southwesterly lines of those parcels fronting on Eigleberry Street to the southwesterly line of Assessor’s Parcel 779-03-023, 1988 roll; thence northwesterly along the southwesterly line of said parcel to the common line between Assessor’s Parcels 799-01-014 and 015, 1988 roll; thence northwesterly along said common line and continuing along the southwesterly lines of those parcels fronting on Eigleberry Street to the northwesterly line of First Street; thence along the northwesterly line of First Street to the Point of Beginning.

(Ord. No. 88-18, § IV, 10-3-88)

12A.237 Definitions.

For the purpose of this article, the following definitions shall apply:

(a) Retail. Retail businesses include all businesses not covered by other definitions set out in this section which do any retail sales as that term is defined in the State Sales and Use Tax Law. The fact that a substantial part or most of its business consists of other than retail sales does not exclude the business from this classification.

(b) Restaurants. Restaurants include any establishment where food is prepared for human consumption, either on or off the premises.

(d) Amusements. Amusements include any type of business conducted for amusement purposes for which an admission or other charge is made for the purpose of enjoying such amusement. This shall be deemed to include operators or lessees of amusement-type vending machines of all kinds.

(e) Professional and Services. Professional and services shall be deemed to include, but not necessarily be limited to the following: Persons or businesses engaging in a pursuit or activity professionally, such as attorneys, architects, physicians and others in the medical health service field; news and advertising media; printers; photographers; real estate brokers; builders; service stations; repairing and servicing; renting and leasing; laboratories (including dental and optical); hearing aid services; utilities; artists and designers; vending machine businesses; as well as others not included in categories (a) through (d).

(f) Hotels and Motels. Hotels and motels include businesses devoted to human lodging on a transient rather than a more permanent basis; apartments and boarding homes would be excluded.

(g) Financial. “Financial” shall be deemed to include, but not necessarily be limited to the following, all financial, lending or securities institutions.

(h) Number of Employees. The “number of employees” shall mean all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner’s family, partner, agent, manager, solicitor, or salesman, regardless of basis of compensation, and any and all persons employed or working in such business, including but not limited to students and apprentices working in connection with instruction in any business, for which service the owner, operator or management receives compensation or a thing of value.

In determining the number of employees, the number of hours worked by all employees during the entire preceding fiscal year shall be added together and the sum thereof divided by 2,000. Any remainder or fraction shall not be considered; provided, however, that any amount below the first 2,000 hours shall be considered as 2,000 hours, and, in such event, the business in question shall pay a fee using one (1) employee as a basis for computing the assessment fee due.

Any employee who is paid for working away from the business location for more than fifty (50) per cent of the time for which he is paid during a fiscal year shall be deemed an exempt employee, and his time shall not be included in the computation above, except that a business in which all employees qualify for the exemption shall pay a fee using one (1) employee as a basis for computing the assessment fee due. (Ord. No. 88-18, § IV, 10-3-88)

12A.238 Benefit assessment formula.

All businesses, trades and professions located within the boundaries described in section 12A.236, shall, commencing January 1, 1989, pay a benefit assessment in addition to the general business license tax, consistent with the following benefit assessment formula:

Annual Benefit Assessment = Basic Fee X Factor

Table I.
Number of Employees	Basic Fee	Number of Employees	Basic Fee
1	$35.00	11	$85.00
2	40.00	12	89.00
3	45.00	13	93.00
4	50.00	14	97.00
5	55.00	15	101.00
6	60.00	16	105.00
7	65.00	17	109.00
8	70.00	18	113.00
9	75.00	19	117.00
10	80.00	20	121.00
		over 20	121.00 + $1.00 for each additional employee

Table II.
Classification as Defined in Section 12A.237	Benefit Factor Zone “A”	Benefit Factor Zone “B”
Retail	8	4
Restaurants, bars and amusements	4	2
Professional and services	2	1
Financial institutions	2	1
Hotels and motels	2	1

(Ord. No. 88-18, § IV, 10-3-88)

12A.239 Residential exclusion.

No one shall be required to pay an assessment based on a residential use within the improvement area. (Ord. No. 88-18, § IV, 10-3-88)

12A.240 New business; exemption.

Any new business established within the improvement area shall not be required to pay an assessment hereunder for the license year during which it commenced business. This shall not be deemed to apply to an existing business that has changed ownership or location within the district. (Ord. No. 88-18, § IV, 10-3-88)

12A.241 Disposition of funds.

The purposes for which the funds raised by said benefit assessment shall be devoted to the statutory purposes set forth in Section 36500 of the Streets and Highways Code of the State of California, or one or more of said purposes, which are as follows:

(1) Decoration of any public place in the area.

(2) Promotion of public events which are to take place or in public places in the area.

(3) Furnishing of music in any public place in the area.

(4) The general promotion of retail trade activities in the area. (Ord. No. 88-18, § IV, 10-3-88)

12A.242 Collection of the benefit assessment.

The benefit assessment authorized by this article shall be collected in January of each year. (Ord. No. 88-18, § IV, 10-3-88)

12A.243 Administrative board.

The city council may contract from time to time with a nonprofit, tax-exempt corporation, the purpose of which, as specified in the purpose clause of its articles shall be to carry out the purposes for which this benefit assessment is levied. In the event such an agreement is made, it shall provide that said corporation shall present a budget of proposed expenditures and purposes to the city administrator, for investigation and report to the council upon the advisability and feasibility of the proposed expenditures and improvements, and upon approval of said budget requests, the council shall allocate and direct payment of the funds collected pursuant to this article to the said contracting agency by the director of finance. (Ord. No. 88-18, § IV, 10-3-88)

12A.244 Enforcement of provisions.

It shall be the duty of the director of finance and his/her deputies to collect all assessments and charges levied pursuant to this article. All assessments and charges required to be paid under the provisions of this article shall be deemed a debt owed by the business to the city. Any business, and the owners thereof, owing money to the city under the provisions of this article, shall be liable to an action brought in the name of the city for recovery of such amount. (Ord. No. 88-18, § IV, 10-3-88)

12A.245 Penalties.

For failure to pay an assessment fee when due, the director of finance shall add a penalty of ten (10) per cent of said assessment fee on the last day of each month after the due date thereof, provided that the amount of such penalty to be added shall not exceed fifty (50) per cent of the assessment fee due. (Ord. No. 88-18, § IV, 10-3-88)

12A.246 Delinquencies.

The director of finance shall make available to the contracting agency, a list or record of delinquent assessments made under this article. This list shall be furnished at least annually, but not more often than quarterly, and in the latter case, only upon request of the contracting agency. (Ord. No. 88-18, § IV, 10-3-88)

12A.247 Liberal construction; partial invalidity.

This article is intended to be construed liberally, and in the event that any section, or part of any section thereof, should be held invalid, the remaining provisions shall remain in full force and effect. (Ord. No. 88-18, § IV, 10-3-88)

See Gov. C. A., §§ 43420 to 43431

As to Street Opening Act of 1903, see Sts. & H.C.A., §§ 4000 to 4443. As to Municipal Improvement Act of 1913, see Sts. & H.C.A., §§ 1000 to 10609. As to Improvement Act of 1911, see Sts. & H.C.A., §§ 5000 to 6794.

As to Improvement Act of 1911, see Sts. & H.C.A., § 5000 et seq.

As to Improvement Act of 1911, see Sts. & H.C., § 5000 et seq. As to Improvement Bond Act of 1915, see Sts. & H.C., § 8500 et seq.

See Sts. & H.C., § 2800 et seq.

See Sts. & H.C.A., §§ 5450 to 5458.

As to Street Opening Act of 1903, see Sts. & H.C.A., § 4000 et seq.

See Sts. & H.C.A., § 10,000 et seq.

See Sts. & H.C.A., § 4000 et seq.

See Sts. & H.C.A., § 6400 et seq.

See Sts. & H.C.A., § 8500 et seq.

See Sts. and H.C.A., § 8500 et seq.

Chapter 12AIMPROVEMENT PROCEDURE CODE

12A.1 Short title.

12A.2 Definitions.