Redwood City Municipal Code § 18.27 Reassessments

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State Law reference— Provisions as to street opening generally, Sts. & H. C., §§ 3200—4677.

The opening, laying out, extending, widening, straightening or closing up, in whole or in part, of public streets, squares, lanes, alleys, courts or places within the City may be done according to the procedure provided therefor by this Article.

(Ord. No. 333, Art. II, § 1)

Whenever in the opinion of the City Council the public interest or convenience may require, it is hereby authorized and empowered to order the opening, laying out, extending, widening, straightening or closing up, in whole or in part, of any one or more of any public streets, squares, lanes, alleys, courts or places within the City, and to acquire by condemnation any and all property necessary or convenient for the purpose, or any interest therein, including an easement for the construction and maintenance of any one or more of any public streets or walks, passages or ways upon the surface of the earth, or in any designated level or slope, above or below such surface, together with a sufficient clearance height thereabove, which height shall be conclusively determined and designated by the City Council, and leaving to the owner the right to maintain or construct and maintain any building or other structure, above or below, or above and below, such street, walk or passageway and the clearance height therefor so acquired by the City.

(Ord. No. 333, Art. II, § 2)

State Law reference— Power of Council to open, etc., streets, Sts. & H. C., §§ 4090.

The work under this Article may be done and assessments or reassessments for the cost and expense of same shall be made, confirmed and collected according to the procedure set forth in sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 37, and subdivisions 7 and 8 of section 33, of the certain Act of the Legislature of the State of California, approved March 24, 1903, commonly designated as "Street Opening Act of 1903", and entitled, "An act to provide for the laying out, opening, extending, widening or straightening, in whole or in part, of public highways, roads, streets, squares, lanes, alleys, courts and places, within municipalities, or within unincorporated territory and one or more municipalities, or laying within two or more municipalities; for the condemnation of property necessary or convenient for such purposes, or of any interest therein, and for the establishment of assessment districts and the assessment of property therein to pay the expense of such improvement, and providing for aid from the County or municipalities toward the expense of such improvement", as amended prior to and as such act was in effect on the first day of January, 1931.

(Ord. No. 333, Art. II, § 3)

State Law reference— See Sts. & H. C., §§ 4000—4443.

Having acquired jurisdiction as provided in section 4164 of the Streets and Highways Code of the State, if the proposed work is for closing up and it appears that no assessment is necessary, the Council shall by resolution so declare, and order the closing up and abandoning of the street or portion of street involved. If it appears that an assessment is necessary for the proposed work of closing up, then the Council shall by resolution determine the amount thereof and order the making of a diagram and assessment and shall proceed as provided in the Street Opening Act of 1903.

(Ord. No. 333, Art. II, § 4)

State Law reference— See Sts. & H. C., §§ 4000—4443.

Whenever any assessment made and issued under the provisions of this Article, or whenever any bonds issued to represent the amount of any such assessment in accordance with the provisions of Sections 18.35 to 18.39 have been set aside by any court of competent jurisdiction, or such court has refused to enforce any assessment, or has decreed such bonds issued under the provisions of Sections 18.35 to 18.39 not to constitute valid and subsisting liens against the lots, pieces or parcels of land upon which the assessment represented by them has been levied, then the Superintendent of Streets shall cause a new assessment to be made for the same purpose for which the former assessment was made, whether any of the assessments have been paid or not, and new bonds shall in regular course thereafter issue in the event that bonds were issued under or provided for in the original assessment, according to the procedure set forth in section 26a of the Street Opening Act of 1903, as the same was amended prior to and was in effect on January 1, 1931.

(Ord. No. 333, Art. II, § 5)

State Law reference— See Sts. & H. C., §§ 4000—4443.

In addition to the procedure provided in Section 18.25 as the method of determining the compensation for all property to be actually taken and the basis of damage to property not actually taken, but injuriously affected, in all cases where such damages are allowed by the provisions of this Article and anything elsewhere in this Article to the contrary notwithstanding, the plaintiff and all parties owning and claiming an interest in any parcel of land sought to be acquired, may enter into a written stipulation for the entry of an interlocutory judgment relating to such parcel of land, agreeing upon the actual value of any property to be actually taken and the amount of damages to property not actually taken, but injuriously affected, in which case the stipulation shall be in the manner and form, and such proceedings shall be had and taken in regard to the filing of same, the giving of notice, the filing of objections, the intervention of parties, the hearing of same and the entry of interlocutory decrees, according to the procedure set forth in section 33a of the certain act of the legislature of the State approved May 23, 1925, commonly designated as the "Acquisition and Improvement Act of 1925", and entitled, "An act to provide for the acquisition of, including the laying out, opening, extending, widening, straightening, and acquiring in any manner, in whole or in part, and for the improvement of and work upon public highways, roads, streets, avenues, boulevards, lanes, alleys, courts, places, parks, pleasure grounds, commons, and all public ways and other property and rights of way of the public, including any property over which possession and right of use have been obtained under the provisions of section fourteen of article one of the Constitution of the State of California, in whole or in part, whether lying entirely within unincorporated territory of a county or the territory of a municipality, or lying within such unincorporated territory and one or more municipalities, or lying within two or more municipalities, or forming the exterior boundary of any municipality where the same joins unincorporated territory of a county or the territory of another municipality whether partly or wholly within or without said boundary, and the establishment and change of grade thereof; and providing for the payment of the costs and expenses of such acquisitions and such work and improvements, and the issuance and effect of bonds therefor, and the payment of such bonds by special assessment taxes raised in assessment districts established for that purpose, and the enforcement of such bonds and taxes; and providing for aid from counties and municipalities in such acquisitions, work and improvements; and providing for the establishment and administration of revolving funds to assist in the carrying out of such acquisitions, work and improvements," as the same was amended prior to and was in effect on January 1, 1931. Sections 29 and 32 of such act as referred to in section 33a thereof are hereby declared to be the sections as amended prior to and as they were in effect on January 1, 1931. The provisions of section 29 of such act are hereby declared to be identical with section 8 of the Street Opening Act of 1903, as adopted by this Article.

(Ord. No. 333, Art. II, § 6)

If the legislative body conducting the proceedings shall by resolution determine that the public necessity and convenience requires the taking of immediate possession and use of all or any portion of the property sought to be condemned therein, pursuant to section 10 of the Street Opening Act of 1903, as adopted by this Article, then the City Engineer shall make and file in such action an affidavit as to the amount of compensation and damages reasonably adequate for securing payment to the owners, and the court may ex parte make an order in such action adjudging the amount reasonably adequate to secure to the owner of the property sought to be taken immediate payment of just compensation for such taking, and damages incident thereto, as soon as the same can be ascertained according to law, and directing the plaintiff to deposit the sum of money with the court. Upon depositing the money so ordered, the court shall make an order in such action adjudging that the plaintiff is entitled to have and take and awarding to plaintiff immediate possession and use, for the purposes and uses described in the complaint therein, of all or such portions of the property sought to be condemned therein for which immediate possession and use is sought and security furnished.

Upon obtaining the order last mentioned, the City, or any contractor for any improvement contemplated in any proceedings pending or instituted before the Council, whose contract includes work or improvement upon any or all of the property covered by such order for the immediate possession, shall have the right to enter upon and construct thereon the improvements included in the contract.

The City shall have the power to and may advance such amounts as are required by the court to be deposited to obtain such immediate possession and use, and may reimburse the treasury for the amounts so advanced from any assessment thereafter levied and collected or from the sale of any bonds thereafter issued under the proceedings. Such amount may be advanced from either the general fund or from any fund available for the purchase or acquisition of public ways or property, or from any revolving fund created and administered as hereinafter provided.

In addition to the foregoing method for obtaining the amount necessary for such deposit required by the court in order that immediate possession and use may be had, the City Council may make and levy an assessment and issue and sell bonds as herein provided. In such event the City Attorney shall report in writing to the City Council the amount required to be so deposited. The City Council may thereupon direct the Superintendent of Streets to make and file an assessment and diagram, in which event proceedings shall be had and taken in accordance with the provisions of the Street Opening Act of 1903 adopted by this Article for the making and collection of an assessment. Bonds may be issued upon assessment as hereinafter in this Chapter more particularly provided.

(Ord. No. 333, Art. II, § 7)

If the City Council shall in its resolution of intention find that public interest and necessity so requires, it may acquire lands in excess condemnation pursuant to section 14 ½ of article I of the State Constitution. It is also authorized and empowered to sell and dispose of any such lands so acquired in excess condemnation, in the manner and form provided for the sale of property acquired by the City for the nonpayment of assessments.

(Ord. No. 333, Art. II, § 8)

The City Council is hereby authorized and empowered to create, use, reduce and discontinue a revolving fund according to the procedure set forth in section 43 of the act of the legislature of the State, commonly designated as "Acquisition and Improvement Act of 1925", referred to in Section 18.28, as the same was in effect on January 1, 1926.

(Ord. No. 333, Art. II, § 9)