Stockton Municipal Code Art. II General Procedure

A. Protests. Objections may be made to ordering improvements or acquisitions, to grades, to an assessment, to the extent of the district, to any supplemental assessment or reassessment to the legality of any act or proceedings, to changes, or to any part of any thereof.

B. Form. Protests shall be in writing, signed by the protestant, contain a description of the property owned by him or her sufficient to identify same, and state his or her interest therein and the grounds of protest, and be filed with the City Clerk at or before the hour set for hearing thereon. The Clerk shall endorse thereon the day and hour of filing.

C. Legality. Objections to legality shall specify the illegality claimed and no other illegalities need be considered.

D. Majority Protests. The Council, by the affirmative vote of four-fifths of its members, may find that the public necessity requires the acquisition or improvement and overrule protests by the owners of more than half the area to be assessed, provided that proceedings have been had as provided in Article V of this code, or its application is avoided by petition or otherwise.

(Prior code §§ 9-161—9-164)

A. Hearing. At the hearing the Council shall consider and pass upon protests, may remedy or correct any irregularity, and may order any improvement or acquisitions to be completed according to the plans and specifications and to its satisfaction.

B. Continuances. A hearing may be continued. Where any matter is noticed for hearing and is not heard, it shall be deemed submitted and may be acted upon at any subsequent meeting.

(Prior code §§ 9-165—9-166)

A. Modifications. During the progress of the project, the Council may make changes in the improvements or acquisitions, the boundaries of the assessment district, the assessments, the estimate of the costs, or the proceedings.

B. Notice. Where the changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or in the proceedings, or in the amount of any assessment after it has been levied, it shall not be ordered except after notice of its intention so to do published by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing, and posted and mailed to the owners affected.

C. Protests. Protests may only be made against the proposed changes.

D. Order. If no protests are made, or are found to be insufficient, or have been overruled, immediately thereon the Council may order the changes.

E. Record. The changes may be made upon the face of the plans, specifications, estimate, diagram, assessment or other document affected, or by an amended or supplemental document.

(Prior code §§ 9-167—9-171)

A. Supplemental Assessment. If the first assessment for any improvement or acquisition, or if the bonds issued to pay all costs, damages and expenses incurred or to be incurred, including any judgments rendered, or to be rendered, and the costs and expenses of the action or proceedings, or the estimated amount of any thereof, are insufficient, the Council may order a supplemental assessment to raise the deficit.

B. How Levied. The assessment shall be made and collected in the same manner, as nearly as may be, as the first assessment, or a reassessment may be had therefor, and said proceedings may be repealed until sufficient money is raised to pay for same.

C. Notice and Order. Notice shall be given, protests may be made, and said supplemental assessment had, confirmed and recorded as provided in Section 3.76.240.

D. Payment. Proceedings for notice, demand and payment shall be had as provided for the original assessment.

(Prior code §§ 9-172—9-175)

Notwithstanding any provision in any act regarding the manner in which assessments may be determined, the City Council may adopt and confirm the assessment as will, in its opinion, best and most equitably apportion the cost of the improvement among the benefited properties according to benefits received. For this purpose, the district may be divided into zones of benefit. The determination of the Council shall be final and conclusive.

(Prior code § 9-176)