Gilroy Municipal Code Art. II Acquisition and Improvement Procedure

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[1], 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)

[1]

See Sts. & H.C., § 2800 et seq.

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.[1]

(Ord. No. 645, § 202)

[1]

See Sts. & H.C., § 2800 et seq.

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)

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)

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)

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)

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)

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)

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)

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)

When proceedings are taken pursuant to this article the Improvement Act of 1911[1] shall apply.

(Ord. No. 645, § 210)

[1]

See Sts. & H.C.A., §§ 5450 to 5458.

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)

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)

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)

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 fore-closure 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)

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)

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)

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)

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)

When proceedings are taken pursuant to this article, the Street Opening Act of 1903[1] 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)

[1]

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

The ordinance of intention shall be called a resolution.

(Ord. No. 645, § 232)

The notice of improvement shall be so called and no map need be contained therein.

(Ord. No. 645, § 233)

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)

When proceedings are taken pursuant to this article, the Municipal Improvement Act of 1913[1] shall apply.

(Ord. No. 645, § 240)

[1]

See Sts. & H.C.A., § 10,000 et seq.

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)

The hearing on the report need not be set for more than ten days beyond the day of setting.

(Ord. No. 645, § 242)

The time provided for payment of assessments may be thirty (30) days.

(Ord. No. 645, § 243)

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)

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;

(c) For the maintenance of the improvements or a specified part thereof; or

(d) As provided in section 12A.103-1.

(Ord. No. 645, § 249; Ord. No. 809, § 4, 11-6-1967)

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, 11-6-1967)

Proceedings in eminent domain may be exercised under the Code of Civil Procedure.

(Ord. No. 645, § 245)

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.[1]

(Ord. No. 645, § 246)

[1]

See Sts. & H.C.A., § 4000 et seq.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)