Chapter 14.20

ALTERNATIVE PUBLIC IMPROVEMENT PROCEDURE

Sections:

• 14.20.010 Continuance of alternate procedure - Statutory authority.

• 14.20.020 Resolution of preliminary determination - Required.

• 14.20.030 Resolution of preliminary determination - Contents.

• 14.20.040 Notice of resolution - Required. 14.20.050 Notice of resolution - Contents.

• 14.20.060 Written objections to proceedings. 14.20.070 Resolution adoption - City council action.

• 14.20.080 Resolution adoption - Vote requirements - Council jurisdiction.

• 14.20.090 Waiver of Majority Protest Act permitted when.

(Ord. 20914.)

The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the superintendent, together with any written protests or objections, which have not been withdrawn prior

Pursuant to Article XIII, Section 17 of the Constitution of the state, the City of San José does hereby continue on alternate procedure, established by Ordinance No. 3334, adopted May 12, 1947,

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SAN JOSÉ CODE

§ 14.20.010

whereby the city council, by four-fifths' vote, may declare the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 inapplicable as a part of the procedure to be taken for the construction of any public improvement or the acquisition of any property for public use where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands. (Prior code § 2600.200.)

Said notice shall be entitled: "Notice of Proposed Local Improvement;" shall state the fact and date of the passage of the resolution of preliminary determination, and of the date and place set for hearing; briefly describe the proposed improvements or acquisition, and refer to said resolution for further particulars. (Prior code § 2600.204.)

determination - Required.

Before adopting any resolution or ordinance of intention for public improvements or the acquisition of property for public purposes where an assessment is to be levied upon the property benefited, a resolution of preliminary determination shall be adopted.

(Prior code § 2600.201.)

The resolution of preliminary determination 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 improvement or acquisition described or referred to in said resolution without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. (Prior code § 2600.202.)

Notice of the adoption of the said preliminary resolution and of said time and place of hearing shall be given by the city clerk by publishing the same in one or more issues of a newspaper of general circulation, published and circulated in the city, and by posting the same on or near the council chamber door of said council. Said posting and the first of such publications shall be had at least ten days before said date of hearing. (Prior code § 2600.203.)

Any person interested, owning, or having an interest in real property within the proposed assessment district, at or before the time fixed for said hearing may file with the city clerk a written objection to undertaking said proceedings without first complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. Said 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.

(Prior code § 2600.205.)

If no protests are filed as provided herein, or when said 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 acquisition, and that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Prior code § 2600.206.)

The resolution last stated shall be adopted by not less than four-fifths' vote of the city council and its finding and determination shall be final and conclusive. Upon its adoption, the city council shall have jurisdiction to adopt its resolution ordering the construction of the public improvement or the acquisition of property for public use, and the pro-

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PUBLIC WORKS AND IMPROVEMENTS

§ 14.21.030

visions of said Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to said proceedings. (Prior code § 2600.207.)

The other provisions of this chapter and the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to such special assessment proceedings in the event that owners of more than sixty percent in area of the property subject to assessment file with the city clerk a written waiver of such Majority Protest Act signed by them, or in the event that the city council shall first comply with the provisions of said Majority Protest Act.

(Prior code § 2600.208; Ord. 18454.)