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Earlier editions: 2026-09

Chapter 12A — Improvement Procedure Code

Gilroy Municipal Code Art. I In General

Gilroy Municipal Code · 2026-10 edition · updated 2026-10-04 · Gilroy

Cite as: Gilroy Municipal Code Article I · Text as of 2026-10-04

§ 12A.1. Short title.

This chapter shall be cited and referred to as the Improvement Procedure Code of the city.

(Ord. No. 645, § 1)

Exceptions & meaning →

§ 12A.2. Definitions.

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.

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.

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, 11-6-1967)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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.

**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.”

(Ord. No. 645, § 65; Ord. No. 809, § 2, 11-6-1967)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 12A.29. Same – Bonds to be payable to bearer.

Bonds, when issued shall be made payable to bearer.

(Ord. No. 645, § 83)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 12A.37. Same – Bonds to be payable to bearer.

Such bonds, when issued, shall be made payable to bearer.

(Ord. No. 645, § 94)

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§ 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)

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§ 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 Code[1] shall apply.

(Ord. No. 645, § 101)

[1]

See Gov. C. A., §§ 43420 to 43431

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§ 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)

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§ 12A.41. Same – Diagram in reference to, etc., official maps; relationship of property…

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)

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§ 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)

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§ 12A.43. Same – Waiver.

All objections not made within the time and manner herein provided are waived.

(Ord. No. 645, § 161)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 12A.52. Same – Protests against.

Protests may only be made against the proposed changes.

(Ord. No. 645, § 142)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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)

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§ 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.[1]

(Ord. No. 645, § 163)

[1]

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.

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§ 12A.62. Effect of procedural irregularities, omissions, etc. – Generally; remedy of…

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)

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§ 12A.63. Same – Validity not affected by departure from procedure for giving notice…

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)

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§ 12A.64. Same – Assessments, bonds, etc., not to be invalidated when resolution or…

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)

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§ 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)

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§ 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)

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§ 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 1911[1] shall apply.

(Ord. No. 645, §§ 171, 172)

[1]

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

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§ 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)

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§ 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)

Exceptions & meaning →

§ 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.[1]

(Ord. No. 645, § 182)

[1]

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.

Exceptions & meaning →

§ 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)

Exceptions & meaning →

§ 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)

Exceptions & meaning →

§ 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, 11-6-1967)

Exceptions & meaning →

§ 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, 11-6-1967)

Exceptions & meaning →

§ 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, 11-6-1967)

Exceptions & meaning →

§ 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, 11-6-1967)

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§ 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, 11-6-1967)

Exceptions & meaning →

§ 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, 11-6-1967)

Exceptions & meaning →

§ 12A.74. (Repealed)

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