Santa Rosa Municipal Code Art. I Investigation Proceedings

Whenever it appears that the public convenience and necessity require an acquisition and/or improvement and that proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on said question of public convenience and necessity and said hearing shall be called and notice of the time and place thereof shall be given in accordance with the provisions of Sections 4-12.010 through 4-12.110.

(Prior code App. A, § 201)

A resolution of preliminary determination shall be adopted describing the proposed improvement of acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the Council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with said Investigation Act.

(Prior code App. A, § 202)

The resolution shall contain a notice of the time and place of hearing. A copy of said resolution and of said time and place of hearing 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 chamber door or on a bulletin board in or adjacent to the City Hall. Said posting and the first of such publications shall be had at least 10 days before said date of hearing. Said resolution and notice of its adoption may be incorporated in the resolution on intention and notice of improvement.

(Prior code App. A, § 203)

Any person interested may object to undertaking said proceedings without first complying with the provisions of said Investigation Act.

(Prior code App. A, § 204)

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

(Prior code App. A, § 205)

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 shall be deemed a resolution ordering the improvement or acquisition as to such changes and modifications.

(Prior code App. A, § 206)

The resolution determining such necessity shall be adopted by the affirmative vote of four members of the Council, and its finding and determination shall be final and conclusive.

(Prior code App. A, § 207)

Sections 4-12.010 through 4-12.110 shall not apply to a proceeding which is excepted from the provisions of said Investigation Act, or when proceedings have been taken pursuant to said act.

(Prior code App. A, § 208)

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

(Prior code App. A, § 209)

Notice of assessment shall be given in a fixed lien assessment proceeding in the manner provided in Section 3114 of the Streets and Highways Code and Section 27288.1 of the Government Code.

(Prior code App. A, § 209.1)

The provisions of Section 4-12.100 shall apply in a proceeding which does not provide for fixed lien assessments.

(Prior code App. A, § 209.2)