Merced Municipal Code Ch. 13.30 Investigating Procedure

Whenever the council determines that proceedings should be taken for acquisitions and/or improvements without complying with the provisions of Special Assessment Investigation, Limitation and Majority Protest Act of 193 1, a public hearing shall be held on the question of public convenience and necessity and the hearing shall be called and notice of time and place thereof shall be given in accordance with the provisions of this title.

(Prior code § 14A.113).

A resolution of preliminary determination shall be adopted describing 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 they have any, 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.

(Prior code § 14A.114).

The resolution shall contain a notice of the time and place of hearing. A copy of the resolution, and of the time and place of hearing, shall be published in one or more issues of a newspaper published and circulated in the city, and shall be posted. The resolution and notice of its adoption may be incorporated in the resolution of intention and notice of improvement, and in the notice to property owners.

(Prior code § 14A.115).

Any person interested may object to undertaking said proceedings without first complying with the provisions of such Investigation Act.

(Prior code § 14A.116).

If no protests are made, or when protests have been heard and overruled, the council may adopt a resolution finding and determining that the pubic convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The findings may be incorporated in the resolution ordering the improvement and/or acquisition.

(Prior code § 14A.117).

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 shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

(Prior code 14A.118).

The resolution determining public convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the council, and its finding and determination shall be final and conclusive.

(Prior code § 14A.119).

This chapter is alternative to a proceeding which has been excepted under the provisions of the Investigation Act, or when proceedings have been taken pursuant to the Act.

(Prior code § 14A.120).

Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this chapter, proceedings may thereafter be had under this chapter with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.

(Prior code § 14A.121).