Mountain View Municipal Code Div. 1 Investigation Proceedings

When it appears that the public convenience and necessity require an acquisition or improvement and proceedings should be taken without complying with the provisions of Section 2800 et seq. of the Streets and Highways Code of the state, 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 division.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with Section 2800 et seq. of the Streets and Highways Code of the state.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The resolution provided for in the preceding section shall contain a notice of the time and place of hearing. A copy of the resolution shall be published twice in a newspaper of general circulation published in the city, and if none, then in one printed and published in the county 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 first publication shall be had at least ten (10) days before the date of hearing. The resolution may be consolidated with the resolution of intention and the notice may be incorporated in the notice of improvement.

(Ord. No. 175.501, 11/24/58, Ord. No. 54.64, 7/13/64.)

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 or acquisitions, and that Section 2800 et seq. of the Streets and Highways Code of the state shall not apply. The finding may be incorporated in the resolution ordering the improvement or acquisition.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 modification.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Any person interested may object to undertaking the proceedings without first complying with the provisions of Section 2800 et seq. of the Streets and Highways Code of the state.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

This division shall not apply to a proceeding which is excepted from the provisions of Section 2800 et seq. of the Streets and Highways Code of the state, or when the investigation proceedings have been avoided or taken pursuant to such state law.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

When proceedings for any improvements or acquisitions or any part thereof have been undertaken without compliance with Section 2800 et seq. of the Streets and Highways Code of the state or without proceedings under this division, proceedings may thereafter be had under this division with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)