Chapter 13.04 — GENERAL PROVISIONS

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 title, whether or not provided in any general law.

(Ord. 2277 (part), 1966: prior code § 40.101)

This title shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date of this title, excepting as herein expressly provided, and excepting proceedings for a supplemental assessment, a reassessment, a refunding and the curative provisions hereof.

(Ord. 2277 (part), 1966: prior code § 40.102)

The procedures provided in the several sections or bond plans hereof are alternative.

(Ord. 2277 (part), 1966: prior code § 40.103)

This title is not exclusive. 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. 2277 (part), 1966: prior code § 40.104)

Titles to sections are a part of the same section. The term "Id," when used in a title, means that the subject matter of such section is a part of the subject matter of the last preceding section in the title of which the word "Id" does not appear. When two "Ids" appear in a title, the subject matter of such section is a part of the subject matter of the last preceding section in the title of which the word "Id" does not appear and the subject matter of all intervening sections.

(Ord. 2277 (part), 1966: prior code § 40.105)

The provisions of this title shall be controlling over the provisions of any general law or act in conflict herewith in any proceeding taken hereunder.

(Ord. 2277 (part), 1966: prior code § 40.106)

This title is adopted pursuant to the municipal affairs provision being Article II of the Charter of the City of Palo Alto. In proceedings had pursuant hereto which are a municipal affair, the general laws herein referred to are deemed a part hereof.

(Ord. 2277 (part), 1966: prior code § 40.107)

In the event any proceeding had pursuant hereto shall be adjudged a state affair, it is hereby declared to be the intention that said proceedings were had pursuant to the general law or laws cited in this title, or chapters or sections hereof specified in the resolution of intention therein.

(Ord. 2277 (part), 1966: prior code § 40.108)

One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding.

(Ord. 2277 (part), 1966: prior code § 40.109)

Chapters 13.04, 13.08, 13.12 and 13.20 are supplemental to and controlling over the provisions of each other part of this title in conflict therewith.

(Ord. 2277 (part), 1966: prior code § 40.110)

(a) The following terms shall, for the purpose of this title, have the meanings given them in this section:

(1) The words "acquisition" and "improvement," when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this title, 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.

(2) "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.

(3) "City" means city of Palo Alto.

(4) "Clerk" and "city clerk" refer to the clerk of the city.

(5) "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.

(6) "Council" or "city council" means the council of the city.

(7) "County" means Santa Clara County.

(8) "Engineer" and "city engineer" refer to city employees with such titles or the equivalent duties.

(9) The words "general law" or the word "act" or the reference to any law or act by its title mean an enactment of the Legislature of the State of California. Unless herein otherwise provided, any law or act incorporated herein or made applicable hereby shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in the proceedings.

(10) "Lot," "land," "piece," or "parcel of land," whether used singly or in combination, mean and include property owned or controlled by any person.

(11) "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 of the county 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.

(12) "Parking place" means and 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.

(13) "Paved" or "repaved" means and includes pavement of any commonly used paving material.

(14) "Place" means and 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 title, or which is sought to be acquired in conjunction with any proceeding undertaken pursuant hereto.

(15) "Project" or "improvement" when used in the generic sense, means the acquisition and/or improvement undertaken in a single proceeding.

(16) "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.

(17) "Street" means and 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.

(18) "Street superintendent" or "superintendent of streets" refers to city employees with such titles or the equivalent duties.

(19) "Treasurer" means the treasurer of the city.

(20) "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 title, as well as the construction, reconstruction and repair of all or part of any such work or improvement.

(Ord. 4642 § 18, 2000: Ord. 2277 (part), 1966: prior code § 40.111)

(a) The term "incidental expenses," when referring to proceedings for an acquisition, shall be deemed to mean and shall include:

(1) The amounts awarded to the defendants by the interlocutory judgments;

(2) The costs of the defendants;

(3) The compensation and expenses of the referees, as allowed by the court;

(4) 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;

(5) 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;

(6) For maps, plats, surveys, searches and certificates of title to the property to be acquired;

(7) The compensation of the attorneys;

(8) The compensation of the engineers;

(9) The clerical, stenographic and printing expenses incident to the actions;

(10) The estimated cost of preparing and selling the bonds; and

(11) Any other expenses incurred by authority of this title or incidental to the completion of the acquisition in the manner herein specified.

(Ord. 2277 (part), 1966: prior code § 40.112)

(a) Incidental expenses when referring to proceedings for an improvement, shall be deemed to mean and shall include all expenses necessarily incurred in the proceedings:

(1) For the publication, mailing and posting of resolutions, notices and orders in any of such proceedings;

(2) The compensation of the attorneys;

(3) The compensation of the superintendent of work;

(4) The compensation of the engineers;

(5) The estimated cost of preparing and selling the bonds; and

(6) Any other expenses incurred by authority of this title or incidental to the completion of the improvement in the manner herein specified.

(Ord. 2277 (part), 1966: prior code § 40.113)

(a) Resolution of Intention. The resolution of intention shall specify the parts of this title pursuant to which the proceedings are taken.

(b) References 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. 2277 (part), 1966: prior code § 40.114)

(a) Notices when Expressly Provided. No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this title, shall be necessary to give validity to any of the proceedings provided for herein.

(b) Failure to Designate Officer. 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 mail or procure the publication or posting or mailing thereof, as the case may be.

(c) Publication and Filing. Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city, unless fewer publications are provided by general law. If any hearing is therein noticed, said hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law. The filing or recording of any maps, diagram or other documents required to be filed or recorded in the office of the county recorder or in the office of any other public official prior to any hearing or any other event shall be filed or recorded not less than ten days prior to such hearing or event unless a shorter time is provided by general law.

(d) Posting and Mailing. 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 said posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law.

(e) Where Posted. 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.

(f) Mailing. 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:

(1) 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.

(2) 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.

(3) 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.

(4) To such person at his address or as otherwise known to the clerk.

(5) In 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.

(g) Notice of Improvement. Notices of improvement 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.

(h) Certificates. 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.

(i) Notice Inviting Sealed Proposals or Bids. Notice inviting sealed proposals or bids for the construction of improvements shall be published in the same manner and for the same period of time as is provided by law for general city contracts.

(Ord. 2443 (part), 1988: Ord. 2277 (part), 1966: prior code § 40.115)

(a) May Omit Public Property. If any lot or parcel of land belonging to the United States, or to the state, or to any county, city, public agency, mandatory of the government, school board, educational, penal or reform institution 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, to the extent consistent with the California Constitution 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.

(b) Cost on Remaining Property. If any such lots or parcels of land 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.

(c) Payment. If the council, in the resolution of intention, declares that any lot or parcel of land so owned and used 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.

(d) 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. 4642 § 19, 2000: Ord. 2277 (part), 1966: prior code § 40.116)

(a) Contributions. 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.

(b) Purchase of Assessment, Warrant and Bonds. 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.

(c) Id. - 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.

(d) Id. - Bonds. Such bonds, when issued, shall be made payable to bearer.

(e) Id. - City. In such case, the city shall succeed to all rights under such assessment, warrant and bonds.

(f) Id. - Subsequent Purchase. 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.

(g) Purchase and Sale of Delinquent Property. 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 of this part, or of any installment thereof, or penalties or costs or interest thereon, or any suit brought to foreclose such assessment.

(h) Id. - Sale. 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 the 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 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.

(i) Advanced by City Without Bonds. The council may declare in the resolution of intention or by separate resolution subsequently adopted that

the city intends to advance the entire cost of the project from available funds without issuance of bonds. In such event the city shall pay all project costs as they accrue, and shall succeed to all rights under the assessment and to all rights which would have accrued under the bonds had they been issued.

(j) Reimbursement. The assessment and diagram and/or warrant shall be recorded as in other cases and notice to pay assessments given in the time and manner provided herein. Such notices shall provide in substance that the assessment may be paid in cash in whole or in part at any time prior to the notice hereinafter mentioned in subsection (k) of this section, but that the amount unpaid as of July first of each year following the recordation of the assessment will be increased by five percent.

(k) Id. - Notice of Installment Payment. The city may, at any time after the expiration of thirty days from recordation of the assessment, give notice by publication and mailing that the amounts unpaid on the thirtieth day after such mailing are due and payable to the city in annual installments, not necessarily equal, but not exceeding the maximum number of installments set forth in the resolution of intention, with interest at rates to be fixed by the council, but not to exceed the rate set forth in the resolution of intention.

(l) Id. - Payment. Thereafter, the annual proportion of each assessment coming due in any year, together with the annual interest on such assessment, shall be payable in the same manner and at the same time and in the same installments and be subject to the same proportionate penalties and interest after delinquency, as would have been the case had bonds been issued to represent the unpaid assessments.

(Ord. 2277 (part), 1966: prior code § 40.117)

(a) Connection Charge Assessments. Charges established by the city for the privilege of connecting to the city's sanitary sewerage or water facilities, or as a condition to providing sewer or water service, may be included in and collected as part of any special assessments levied under the provisions of this title.

(b) Division of Assessment. In any proceeding for the acquisition or construction of sanitary sewerage facilities or water facilities or both, the council may direct that each assessment be divided into two parts, one representing a connection charge (hereinafter called "the connection charge portion") and the other the balance remaining after deducting the connection charge portion from the original total assessment (hereinafter called "the remaining balance").

(c) Connection Charges - Establishment. Charges for the privilege of connecting to the sanitary sewerage facilities and water distribution facilities of the city are hereby established as a condition to the providing of sewer or water service, to become effective in any given project area or portion thereof upon adoption of the resolution ordering cash advances in any project provided for in Section 13.04.180(e).

(d) Id. - Amount. The amount of such connection charge in each project area or portion thereof shall be fixed in said resolution provided for in Section 13.04.180(e).

(e) Cash Advances to Project. In any project in which the council directs a division of assessments as provided in Section13.04.180(b), the resolution directing such division shall provide for cash advances to the project to represent all of the connection charge portions of assessments except those as to which property owners have failed to exercise the deduction option as provided in Section 13.04.180(f).

(f) Property Owners' Option. In any project as to which such charges are fixed and cash advances ordered, one connection charge shall be included in each individual assessment as finally confirmed by the council and recorded in the office of the superintendent of streets. The owner of each parcel assessed, in the notice to pay assessments, shall be given the option of reducing his assessment by the amount of the connection charge included therein. The original record of any assessment as to which the option is exercised, shall be marked "$_________ paid by connection charge deduction" (inserting the amount of charge to be deducted). Each connection charge deducted, as well as any charge represented by the city's cash advance to the project, shall be payable in cash at the time of connection to the facilities constructed in the proceedings. If a connection charge is left in the assessment and either paid in cash or allowed to go to bond, the property is entitled to a single connection without payment of further charges therefor other than the cost of constructing lateral connections not included in the proceedings and any permit, inspection or other fees now or hereafter established by the city. The council may, by resolution, change the amount of the charge at any time.

If the option has not been exercised by the end of the case payment period, the owner will be deemed to have elected to leave his assessment unchanged.

(Ord. 2277 (part), 1966: prior code § 40.118)

(a) Force Account. The council may, by resolution adopted by a four-fifths vote of all its members, in the manner provided in and controlled by the provisions of the charter of said city as in effect at the time of the doing of the work, determine and declare that in its opinion the work in question may be more economically and satisfactorily performed by day labor, and/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.

(b) City Engineer. In such case the city shall have the same rights as a contractor, and such work and improvements shall be directed by the city engineer.

(c) City Rights. 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.

(d) Payment. 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 place of, such contractor, and 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.

(e) Bonds. Such bonds, when issued, shall be made payable to bearer.

(Ord. 2277 (part), 1966: prior code § 40.119)

(a) Revolving Fund. In the exercise of any of the powers now or hereafter provided for in this part, including the right to take immediate possession in eminent domain proceedings, the council may create, use and reimburse a revolving fund or funds.

(b) 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 shall apply.

(Ord. 2277 (part), 1966: prior code § 40.120)

(a) Assessment. 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 identifications.

(b) Diagram. 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. 2277 (part), 1966: prior code § 40.121)