Mountain View Municipal Code Div. 6 Project Identification and Assessment Procedure for Existing Districts

At any time after the formation of any district and the accomplishment of a project or projects therefor pursuant to Article 11, Division 4 or Division 5 or both, the council may identify and accomplish any additional specific project for the district in the manner provided in this division. When it is intended that the annual costs of maintenance and operation of any such specific project be levied in accordance with the same benefit formula as the capital costs thereof, such annual costs of maintenance and operation may be levied at the time and in the manner and in accordance with the formula and procedures provided in Sec. 17.182.2.

(Ord. No. 17.79, 4/30/79.)

a. Necessity of improvement. When it appears that the public convenience and necessity require a project and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "investigation act"), a public hearing shall be held on the said 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 section.

b. Preliminary determination of necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed project 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 project without compliance with the investigation act.

c. Notice and hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in two or more issues of a newspaper published and circulated in the city, or, if none, in a newspaper 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 days before the date of hearing. The resolution may be consolidated with the resolution of intention provided for in Sec. 17.128.12 and the notice may be incorporated in the notice of improvement provided for in Sec. 17.128.14.

d. Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the investigation act.

e. Final determination 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 project and that the investigation act shall not apply. The finding may be incorporated in the resolution ordering the project.

f. Modification. 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 project as to the changes and modifications.

g. Jurisdiction. The resolution determining the 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.

h. Nonapplication. This section 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 the investigation act.

i. Finality. When proceedings for any project or any part thereof have been undertaken without compliance with the investigation act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.

(Ord. No. 17.79, 4/30/79.)

The proposed project shall be briefly described in a resolution of intention to acquire and construct the project which resolution shall also set forth whether Sec. 17.128.14, 17.128.15, or both, of this division shall apply, and shall direct the director of public works or other competent person employed for such purpose to prepare a report on the project. If it is intended that the annual costs of maintenance and operation of such project be levied in accordance with the same benefit formula as the capital costs thereof, the resolution shall also declare such intention.

(Ord. No. 17.79, 4/30/79.)

The report shall consist of (i) plans and drawings in sufficient detail to identify the proposed improvements, (ii) maps and descriptions of lands and easements to be acquired, (iii) the estimated cost of such acquisitions and improvements and related private work and the incidental expenses thereof, (iv) a proposed assessment and assessment diagram if proceedings are proposed under Sec. 17.128.14, (v) a statement as to the estimated principal amount of bonds proposed to be issued and a proposed assessment formula if the proceedings are proposed under Sec. 17.128.15; and (vi) a declaration of intention regarding maintenance and operation costs, if applicable. In setting forth the estimated principal amount of bonds proposed to be issued, the person preparing the report may include:

(a) All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project.

(b) All engineering, inspection, legal and fiscal agent's fees, costs of the issuance of said bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve months after completion of construction.

(Ord. No. 17.79, 4/30/79.)

When the resolution of intention refers to this Sec. 17.128.14, the provisions of the Municipal Improvement Act of 1913 shall apply.

(Ord. No. 17.79, 4/30/79.)

When the resolution of intention refers to this Sec. 17.128.15, the provisions of Bond Plan G of Division 7 shall apply.

(Ord. No. 17.79, 4/30/79.)

The report shall be prepared and filed with the city clerk and presented to and reviewed and passed upon by the council.

(Ord. No. 17.79, 4/30/79.)

Thereupon, proceedings for notice and hearing on the resolution of intention and report and confirmation of the assessment and the ordering of the work and the approval of the project and the authorizing of the issuance of bonds shall be taken in the form and manner required by the applicable provisions of the Municipal Improvement Act of 1913 and in the time provided by this ordinance.

(Ord. No. 17.79, 4/30/79.)