Salinas Municipal Code Art. III State Statutes Amended

In conducting special assessment proceedings for the construction or acquisition of public improvements and the financing thereof, the city council may employ the provisions of the Municipal Improvement Act of 1913 of the state of California (Section 10000, et seq., Streets and Highways Code) and the Improvement Bond Act of 1915 of the state of California (Section 8500, et seq., Streets and Highways Code). Whenever the city council elects to employ those statutes, the additions, deletions and modifications set forth in this ordinance shall be deemed to apply, notwithstanding provisions in the statutes to the contrary.

(Ord. No. 2081 (NCS), § 1.)

Section 10010 of the Streets and Highways Code (Municipal Improvement Act of 1913) shall be deemed to read as follows:

"Acquisition," or any of its variants, means and includes one or more of the following:

(a) Any works, improvements, appliances or facilities authorized to be made, constructed or acquired under this division, whether or not installed or in existence at the time of the adoption of the resolution of intention or the levy of the assessment; any use or capacity rights in any of the foregoing and any works, improvements, appliances or facilities acquired or installed pursuant to Sections 10109 to 10111, inclusive;

(b) Electric current, gas or other illuminating agent for power or lighting service;

(c) Any real property, rights-of-way, easements or interest in real property, acquired or to be acquired by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this division;

(d) The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district. The cost of such payment shall be included in the new assessment of such parcel. This subdivision shall be applicable only in cases where such acquisition accompanies other acquisitions or improvements.

(Ord. No. 2081 (NCS), § 1.)

Section 8651.5 of the Streets and Highways Code (Improvement Bond Act of 1915) shall be deemed to read as follows:

Each bond, or any portion of the bond in a fixed amount or any integral multiple of the fixed amount, shall be subject to redemption in advance of its maturity on any interest payment date upon payment to the registered owner of the principal and accrued interest to the date of redemption together with a redemption premium, if any, in an amount to be determined by the legislative body prior to issuance of the bonds.

The legislative body, in its discretion, may, prior to issuance of the bonds, classify assessments into different terms of maturity so that residential properties may be made to mature over a shorter period of time and bear a different redemption premium, if any, or eliminate the redemption premiums for such properties.

(Ord. No. 2081 (NCS), § 1.)

Pursuant to the authority granted to the council by Section 80 of the Salinas City Charter, notices inviting bids for works of public improvements paid for by assessments on private property shall be advertised in such a manner as the council may provide by resolution.

(Ord. No. 2382 (NCS), § 1.)

Pursuant to the authority granted to the council by Section 80 of the Salinas City Charter, the council may waive minor irregularities in the competitive bidding process for contracts for public improvements paid for by assessment on private property. A "minor irregularity" is any defect in the publication or content of the notice inviting bids that does not cause favoritism, improvidence, extravagance, fraud, corruption, or waste of public funds, and allows for the best economic result for the public as a result of the competitive bidding process.

(Ord. No. 2382 (NCS), § 2.)