Chapter 16
ACQUISITION AND IMPROVEMENT PROCEDURE
Sections:
12-16.01 Necessity of improvement.
12-16.02 Preliminary determinations of necessity.
12-16.03 Notices and hearings.
12-16.05 Final determinations of necessity.
12-16.10 Improvement Act of 1911.
12-16.11 Cash assessments: Alternative collection.
12-16.12 Collection: Resolutions: Contents.
12-16.13 Collection: Resolutions: Filing.
12-16.14 Collection: Extension on roll.
12-16.15 Collection procedure.
12-16.16 Collection: Payment to contractor.
12-16.18 Collection: Resale on default.
12-16.19 Collection: No bidders on resale.
12-16.20 Street Opening Act of 1903.
12-16.22 Resolutions of intention.
12-16.23 Notices of improvement.
12-16.24 Cash assessments: Alternative collection.
12-16.25 Municipal Improvement Act of 1913.
12-16.30 Stipulations for judgments.
12-16.34 Parking places defined.
12-16.35 Powers of Council to operate parking places.
12-16.46 Hearings on annual reports.
12-16.47 Collecting assessments.
12-16.51 Alteration of districts.
12-16.52 Publication of resolutions.
12-16.55 Effect of annexation.
12-16.01 Necessity of improvement.
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 1931, a public hearing shall be held on the said question of the public convenience and necessity therefor, which hearing shall be called and notice of the time and place thereof shall be given in accordance with the provisions of Sections 12-16.01 through 12-16.09 of this chapter.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.02 Preliminary determinations of necessity.
A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the Council should find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Investigation Act.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.03 Notices and hearings.
The resolution of preliminary determination shall contain a notice of the time and place of the hearing. A copy of the resolution shall be published in one or more issues of a newspaper published and circulated in the City, and a copy shall be posted on or near the Council Chamber door or on a bulletin board in or adjacent to the City Hall. The posting and publication shall be made at least ten (10) days before the date of the hearing. The resolution may be consolidated with the resolution of intention (in which event the time and place of the hearing need not be set forth in the consolidation resolution but may be established by separate resolution), and the notice may be incorporated in the notice of improvement.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.04 Objections.
Any person interested may object to undertaking the acquisition and/or improvement proceedings without first complying with the provisions of the Investigation Act.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.05 Final determinations 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 shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.06 Modifications.
When proceedings are held 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.07 Jurisdiction.
The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths ( 4/5) of the members of the Council, and its finding and determination shall be final and conclusive.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.08 Nonapplication.
The provisions of Sections 12-16.01 through 12-16.09 of this chapter shall not apply to a proceeding which is excepted from the provisions of the Investigation Act or when the investigation proceedings have been avoided or taken pursuant to that Act.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.09 Finality.
Where proceedings for any improvement and/or acquisition, or any part thereof, have been undertaken without compliance with the Investigation Act or without proceedings pursuant to the provisions of Sections 12-16.01 through 12-16.09 of this chapter, proceedings may thereafter he held pursuant to said Sections 12-16.01 through 12-16.09 with reference thereto, and the order of the Council determining the convenience and necessity therein shall be final and conclusive.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.10 Improvement Act of 1911.
When proceedings are taken pursuant to the provisions of Sections 12-16.10 through 12-16.19 of this chapter the Improvement Act of 1911 shall apply.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.11 Cash assessments: Alternative collection.
As an alternative method for the collection of cash assessments or assessments of less than Fifty and no/100ths ($50.00) Dollars levied pursuant to the provisions of Sections 12-16.10 through 12-16.19 of this chapter, the Council may, and upon the written request of the contractor or his assigns shall, by resolution adopted on or before September 1, direct that such assessments be collected upon the tax roll upon which general taxes are collected for the City.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.12 Collection: Resolutions: Contents.
The resolution adopted pursuant to the provisions of Section 12-16.11 of this chapter 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 percent per month to the next succeeding December 31 of the tax year for which such roll shall have been prepared, and the total amounts of principal and interest on each property.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.13 Collection: Resolutions: Filing.
A certified copy of the resolution shall be delivered immediately to the officer designated by law to extend City taxes upon the tax roll on which they are collected.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.14 Collection: Extension on roll.
The officer designated by law shall extend upon such tax roll the total amounts of such assessments and interest.
(§ 1, Ord. 339 C-M. eff. November 7, 1974)
12-16.15 Collection procedure.
The amounts shall be collected at the same time and in the same manner as general municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale, in cases 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.16 Collection: 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 January 2 next succeeding.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.17 Collection: Default.
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 shall he subject to redemption within one year after 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 shall be redeemed or sold and the money received therefor.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.18 Collection: Resale on default.
Upon the receipt of such deed, the City shall thereupon offer and sell such property at public auction in the same manner provided by law for the sale of its tax deeded property, and the amount of the assessment and the penalties and interest thereon, less the costs of the sale, shall be paid to the contractor or his assigns.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.19 Collection: No bidders on resale.
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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.20 Street Opening Act of 1903.
When proceedings are taken pursuant to the provisions of Sections 12-16.20 through 12-16.24 of this chapter, the Street Opening Act of 1903 shall apply.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.21 Closing.
The proceedings may be for closing or abandoning any street or easement, and the Council may therein determine that no assessment is necessary.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.22 Resolutions of intention.
The ordinance of intention shall be called a resolution.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.23 Notices of improvement.
The notice of improvement shall be so called, and no map need be contained therein.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.24 Cash assessments: Alternative collection.
Cash assessments or assessments for less than Twenty-Five and no/100ths ($25.00) Dollars may be collected as provided in the alternative procedure set forth in Sections 12-16.10 through 12-16.19 of this chapter.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.25 Municipal Improvement Act of 1913.
When proceedings are taken pursuant to the provisions of Sections 12-16.25 through 12-16.33 of this chapter, the Municipal Improvement Act of 1913 shall apply.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.26 Hearings.
The hearing on the report need not be set for more than ten (10) days beyond the day of setting.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.27 Bonds.
Bonds may be issued upon any supplemental assessment, and more than one such assessment may be had.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.28 Payment.
Payments shall be made to the City Treasurer unless the Council shall specify some other officer to whom payments shall be made.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.29 Eminent domain.
Proceedings in eminent domain may be exercised under the Code of Civil Procedure of the State.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.30 Stipulations for judgments.
Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.31 Offsets.
Awards and assessments may be offset as provided in the Street Opening Act of 1903.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.32 Referees.
References to referees may be had as provided in the Street Opening Act of 1903.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.33 Surplus.
Where surplus is not used for the maintenance of the improvement and is ordered refunded and the assessment has been paid in cash in full, the portion of the surplus applicable thereto shall be returned in cash to the person paying it upon his furnishing satisfactory evidence of such payment. The determination of the Treasurer as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. When bonds have been, or are provided to be, issued under Bond Plan D or E, the surplus shall be deposited in the bond interest and redemption fund. Any surpluses remaining unexpended for a period of four (4) years after the final completion of the project and the payment of all costs and expenses thereof may be transferred to the General Fund.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.34 Parking places defined.
“Parking place” shall mean and include a parking lot, garage, or subsurface 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 the facilities necessary or convenient therefor, together with the provisions necessary or convenient for ingress to and egress from such places.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.35 Powers of Council to operate parking places.
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 the 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.36 Districts.
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, extending, enlarging, repairing, improving, maintaining, and operating parking places and the expenses incidental thereto. Proceedings for the formation of such districts levying such assessments and issuing such bonds shall be held as provided in this chapter and in Chapter 17 of this Code.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.37 Property.
The City may purchase, lease, obtain, option upon, or 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 such property shall be acquired and held in the name of the City.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.38 City lands.
City lands or property for parking places may be acquired. In such event, the resolution of intention shall describe such lands or property and state the amount and manner of the 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 (2) or three (3) disinterested competent appraisers to be appointed by the Council.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.39 Sale of property.
The Council may sell any property acquired for parking places which is not needed therefor. Any money received from such sales may be used for the acquisition, construction, or improvement of other parking places in such district. Such money may also be applied as a credit on any assessments levied for the acquisition of such property, in which case the provisions of Section 12-16.33 of this chapter shall apply.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.40 Lease of property.
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 the owners and tenants of real property in the district and classes of persons designated by such owners or tenants.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.41 Surplus space.
Surplus space may be rented or devoted to commercial uses other than for the parking of automobiles when, in the judgment of the Council, 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 such project as the Council may determine.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.42 Fees and rentals.
The Council may fix rentals, fees, or other charges for the properties, work, and facilities of any parking place. In so doing, the Council may establish rates, charges, or rentals for the owners and tenants of such properties and classes or persons designated by the owners or tenants, which rates, charges, or rentals differ from and are less than the rates, charges, or rentals charged other persons.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.43 Operation.
Such parking places may be maintained and operated, and all or any costs and expenses therefor, including rent, repairs, replacements, 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 costs of replacements, improvements, and extensions to any parking place necessary or convenient for the proper operation thereof.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.44 Maintenance costs.
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 assessments 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 levies 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.45 Annual reports.
When any part of the operative cost is to be paid by a special levy, the City Manager shall annually file with the City Clerk a written report stating in reasonable detail the estimated costs of maintenance and operation for which an assessment is to be levied in that year, including the costs of replacements, improvements, and extensions to any parking place. Such report shall also state the rate of the levy to be made therefor. When such report shall have been preliminarily approved by the Council, the City Clerk shall give a notice to interested persons that such report has been filed and is open to inspection and the 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 assessees of the property at their addresses appearing in the last City tax roll or as known to the City Clerk, at least ten (10) days before the day set for hearing.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.46 Hearings on annual reports.
The report required by the provisions of Section 12-16.45 of this chapter 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 a 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.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.47 Collecting assessments.
The officer who performs such duty shall compute and extend the amounts levied pursuant to the provisions of Section 12-16.46 of this chapter on the next tax rolls on which City taxes are collected, and such amounts 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 the nonpayment thereof, and title pass to the purchaser as provided for City taxes, except that the period of redemption shall be one year instead of five (5) years.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.48 Transfer of funds.
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. The City may also make contributions thereto from available funds.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.49 Pledges.
The Council may at any time make such 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 herewith, or for adequate reserves from the income and revenue of on-street and off-street parking facilities.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.50 Covenants.
The Council may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.51 Alteration of districts.
The boundaries of the districts authorized by Section 12-16.36 of this chapter 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 resolution shall give notice that such matter, and all persons interested therein, shall be heard by the Council at a time to be stated in such resolution at the regular meeting place of the Council.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.52 Publication of resolutions.
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 (10) days before the date fixed for hearing.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.53 Hearings.
The hearing may be adjourned from time to time. At the hearing the Council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.54 Annexation orders.
The Council shall, by resolution, order the annexation of such territory, defining its boundaries therein. The decision of the Council thereon shall be final and conclusive.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)
12-16.55 Effect of annexation.
Thereafter the properties annexed shall be subject to special levies for the maintenance and operation of parking places and for any ad valorem bonds issued for the acquisition or construction of improvements therefor.
(§ 1, Ord. 339 C-M, eff. November 7, 1974)