16.10 — LOCAL IMPROVEMENTS – ACQUISITION AND IMPROVEMENT PROCEDURE

When it appears that the public convenience and necessity requires an acquisition or improvement and proceedings should be taken without complying with the provisions of the State Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on the question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this article. (Ord. 859; Formerly § 16-59)

• [1] Stat. Ref.: For State law as to Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Sts. & H.C.A. §§ 2800 to 3012.

A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where all persons interested may appear and show cause why the City Council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the State Special Assessment Investigation, Limitation and Majority Protest Act of 1931. (Ord. 859 § 202; Formerly § 16-60)

The resolution provided for in the preceding section shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in one or more issues of a newspaper published and circulated in the City and a copy shall be posted on or near the Council door or on a bulletin board in or adjacent to the City Hall. The posting and publication shall be had at least ten days before the date of hearing. The resolution may be consolidated with the resolution of intention and the notice may be incorporated in the notice of improvement. (Ord. 859 § 203; Formerly § 16-61)

Any interested person may object to undertaking the proceedings without first complying with the provisions of the State Investigation Act mentioned in SCCC § 16.10.010 . (Ord. 859 § 204; Formerly § 16-62)

If no protests are made or when the protests shall have been heard and overruled, the City Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements or acquisitions and that the State Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement or acquisition.

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the City Council and its findings and determinations shall be final and conclusive.

(Ord. 859 §§ 205, 207; Formerly § 16-63)

When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

(Ord. 859 § 206; Formerly § 16-64)

This article shall not apply to a proceeding which is excepted from the provisions of the State Special Assessment Investigation, Limitation and Majority Protest Act of 1931 or when the investigation proceedings have been avoided or taken pursuant to such act. (Ord. 859 § 208; Formerly § 16-65)

Where proceedings for any improvements or acquisitions or any part thereof have been undertaken without compliance with the State Investigation Act mentioned in the preceding section or without proceedings under this article, proceedings may thereafter be had under this article with reference thereto and the order of the City Council determining convenience and necessity therein shall be final and conclusive.

(Ord. 859; Formerly § 16-66)