Redwood City Municipal Code Art. II Preliminary Actions of Council

This Article shall not apply to an assessment proceeding which by the terms of sections 2800 to 3012 of the Streets and Highways Code of the State is excepted from the provisions thereof, or when proceedings have been taken pursuant to sections 2800 to 3012 of the Streets and Highways Code of the State, which except the proceedings from the application of further provisions of sections 2800 to 3012 of the Streets and Highways Code of the State.

(Ord. No. 515, § 8; Ord. No. 540)

Before adopting any resolution of intention under or pursuant to this Chapter, and prior to the adoption of any resolution of intention pursuant to any State law, which by the Charter the Council may have authority to proceed under, and pursuant of any amendment, re-enactment or restatement of this Chapter, wherein an assessment is to be levied upon the property benefited, excepting street closing proceedings where no assessment is to be levied, proceedings for re-assessment, and assessment readjustment and bond refunding proceedings, a resolution of preliminary determination shall be adopted.

(Ord. No. 515, § 1; Ord. No. 737)

Charter reference— Public improvements, § 74.

State Law reference— Municipal Improvement Act of 1913, Sts. & H. C., §§ 10000—10609; Street Improvement Act of 1913, Sts. & H. C., §§ 7000—7476; Improvement Act of 1911, Sts. & H. C., §§ 5000—6794; municipal improvement districts and bonds, Deering's Gen. Laws, Acts 5184b, 5184c.

The resolution required by the preceding Section shall be similar in form to the proposed resolution of intention, excepting that instead of fixing a time and providing for notice of a protest hearing thereunder, it shall contain a notice of a day, hour and place when and where any and all persons interested may appear and show cause, if any they have, why the City Council should not find and determine that the public convenience and necessity require the improvements or acquisitions described or referred to in the resolution, without further compliance with sections 2800 to 3012 of the Streets and Highways Code of the State.

(Ord. No. 515, § 2)

Notice of the adoption of the preliminary resolution required by Section 18.9 and of the time and place of hearing shall be given by the City Clerk by publishing same in one or more issues of a newspaper published and circulated in the City, and by posting same on or near the Council chamber's door. The posting and the first of such publications shall be had at least ten (10) days before the date of hearing.

(Ord. No. 515, § 3)

The notice of the time and place of hearing on the proposed local improvement shall be entitled "Notice of Proposed Local Improvement," shall state the fact and date of the passage of the resolution of preliminary determination under Section 18.9 and of the time and place set for hearing, and briefly describe the proposed improvements or acquisitions, and refer to such resolution for further particulars.

(Ord. No. 515, § 4)

Any person interested, owning or having an interest in real property within the assessment district of the proposed local improvement, at or before the time fixed for the hearing by Section 18.12, may file with the City Clerk a written objection to undertaking the proceedings without first complying with the provisions of sections 2800 to 3012 of the Streets and Highways Code of the State. The objection shall bear the signature of the objector and contain a description of his property and a statement of the nature of his interest therein.

(Ord. No. 515, § 5)

If no protests are filed as provided in the preceding Section or if the protests shall have been heard and overruled, the City Council may adopt a resolution finding and determining that public convenience and necessity require the proposed improvements or acquisitions, and that sections 2800 to 3012 of the Streets and Highways Code of the State shall not apply.

(Ord. No. 515, § 6)

The resolution of convenience and necessity under the preceding Section shall be adopted by no less than four-fifths (⅘) vote of the City Council, and its finding and determination shall be final and conclusive.

(Ord. No. 515, § 7)

Upon the adoption of the resolution of convenience and necessity under Section 18.14, the City Council shall have jurisdiction to adopt its resolution of intention under Section 18.9, and the provisions of sections 2800 to 3012 of the Streets and Highways Code of the State, shall not apply to the proceedings.

(Ord. No. 515, § 7)