Sunnyvale Municipal Code Ch. 14.20 Acquisition and Improvement Procedure

When it appears that the public convenience and necessity require an acquisition and/or improvement and 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 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 section and Sections 14.20.020 to 14.20.090.

(Prior code § 12-5.101; Ord. 1509-69 § 1, 1969)

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 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 the Investigation Act.

(Prior code § 12-5.102; Ord. 1509-69 § 1, 1969)

The resolution 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 chamber door or on a bulletin board in or adjacent to the City Hall. The posting and publication shall he 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.

(Prior code § 12-5.103; Ord. 1509-69 § 1, 1969)

Any person interested may object to the necessity for the acquisitions and improvements.

(Prior code § 12-5.104; Ord. 1509-69 § 1, 1969)

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

(Prior code § 12-5.105; Ord. 1509-69 § 1, 1969)

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.

(Prior code § 12-5.106; Ord. 1509-69 § 1, 1969)

The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the council, and its finding and determination shall be final and conclusive.

(Prior code § 12-5.107; Ord. 1509-69 § 1, 1969)

Sections 14.20.010 to 14.20.090 shall not apply to a proceeding which is excepted from the provisions of the Investigation Act, or when the investigation proceedings have been avoided or taken pursuant to said act.

(Prior code § 12-5.108; Ord. 1509-69 § 1, 1969)

Where proceedings for any acquisitions and/or improvements or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under Sections 14.20.010 to 14.20.080, proceedings may thereafter be had under Sections 14.20.010 to 14.20.080 with reference thereto, and the order of the council determining convenience and necessity therein shall relate back and be final and conclusive.

(Prior code § 12-5.109; Ord. 1509-69 § 1, 1969)

When proceedings are taken pursuant to Sections 14.20.110 to 14.20.200, the Improvement Act of 1911, as herein modified, shall apply.

(Prior code § 12-5.201; Ord. 1509-69 § 1, 1969)

As an alternative method for the collection of cash assessments or assessments of less than fifty dollars levied under the provisions of Sections 14.20.100 to 14.20.200, the council may, and upon the written request of the contractor or his assigns shall, by resolution adopted at or before the third Tuesday in September, direct that the assessments be collected upon the tax roll upon which general city taxes are collected.

(Prior code § 12-5.202; Ord. 1509-69 § 1, 1969)

The resolution shall contain a description of the properties so assessed, the amounts of the assessments, together with interest thereon from the date of filing the original list of unpaid assessments and at the rate of one-half of one percent per month to the next succeeding thirty-first day of December of the tax year for which the roll shall have been prepared, and the total amounts of principal and interest on each property.

(Prior code § 12-5.203; Ord. 1509-69 § 1, 1969)

A certified copy of the resolution shall be delivered immediately to the officer who extends city taxes upon the tax roll on which they are collected.

(Prior code § 12-5.204; Ord. 1509-69 § 1, 1969)

The officer shall extend upon the roll the total amounts of the assessments and interest, in the first installment thereof.

(Prior code § 12-5.205; Ord. 1509-69 § 1, 1969)

The amounts shall be collected at the same time as the first installment of taxes and in the same manner as general city taxes are collected, and be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for general city taxes, all of which laws for the levy, enforcement and collection of which are hereby made applicable to special assessment taxes.

(Prior code § 12-5.206; Ord. 1509-69 § 1, 1969)

The assessments and the interest so entered shall become due and payable to the contractor or his assigns at the office of the director of finance on the second day of January next succeeding.

(Prior code § 12-5.207; Ord. 1509-69 § 1, 1969)

Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in such city is sold for the nonpayment of general municipal taxes, and be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from such delinquent sale, and upon failure of such redemption, shall in like manner be sold or pass by deed to the city. The city shall not, however, be required to pay into the assessment fund any part of such delinquency until such property be redeemed or sold and money received therefor.

(Prior code § 12-5.208; Ord. 1509-69 § 1, 1969)

Upon receipt of such deed the city shall thereupon offer and sell such property at public auction in the manner provided by law for the sale of its tax deeded property, and the amount of the assessment and the penalties and interest thereon less the costs of the sale shall be paid to the contractor or his assigns.

(Prior code § 12-5.209; Ord. 1509-69 § 1, 1969)

In the event there shall have been no bidder offering the amount then due on such property, it may, at the city's election be declared sold to the owner of such assessment, and in like manner be deeded to him, and such assessment ordered satisfied of record.

(Prior code 12-5.210; Ord. 1509-69 § 1, 1969)

Nothing herein shall be deemed to prevent the city from advancing to the contractor or his assigns the amount of any assessment when due, in which event it shall receive the interest posted to the roll; or advancing the amount and the interest thereon upon its delinquency on or immediately after January 1st, in which event the city shall receive the delinquent penalties and interest; or subsequent thereto, in which event the city shall receive the penalties and the interest shall be prorated; or purchasing the property at the public sale thereof, in which event it shall receive title in like manner as would the owner of the assessment.

(Prior code § 12-5.211; Ord. 1509-69 § 1, 1969)

When proceedings are taken pursuant to Sections 14.20.220 to 14.20.250 the Street Opening Act of 1903 shall apply.

(Prior code § 12-5.301; Ord. 1509-69 § 1, 1969)

Said proceedings may be for closing or abandoning any street or easement, and the council may therein determine that no assessment is necessary.

(Prior code § 12-5.302; Ord. 1509-69 § 1, 1969)

The ordinance of intention shall be called a resolution.

(Prior code § 12-5.303; Ord. 1509-69 § 1, 1969)

The notice of improvement shall be so called and no map need be contained therein.

(Prior code § 12-5.304; Ord. 1509-69 § 1, 1969)

Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of Sections 14.20.100 to 14.20.200.

(Prior code § 12-5.305; Ord. 1509-69 § 1)

When proceedings are taken pursuant to Sections 14.20.270 to 14.20.460 the Municipal Improvement Act of 1913 shall apply.

(Prior code § 12-5.401; Ord. 1509-69 § 1, 1969)

The hearing on the report need not be set for more than ten days beyond the first publication.

(Prior code § 12-5.402; Ord. 1509-69 § 1, 1969)

Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of Sections 14.20.100 to 14.20.200.

(Prior code § 12-5.403; Ord. 1509-69 § 1, 1969)

Payment shall be made to the city director of finance unless the council shall specify some other officer to whom payments are to be made.

(Prior code § 12-5.404; Ord. 1509-69 § 1, 1969)

Proceedings in eminent domain may be exercised under the Code of Civil Procedure.

(Prior code § 12-5.405; Ord. 1509-69 § 1, 1969)

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.

(Prior code § 12-5.406; Ord. 1509-69 § 1, 1969)

Awards and assessments may be offset as provided in the Street Opening Act of 1903.

(Prior code § 12-5.407; Ord. 1509-69 § 1, 1969)

Reference to referees may be had as provided in the Street Opening Act of 1903.

(Prior code § 12-5.408; Ord. 1509-69 § 1, 1969)

If there is, or the city council shall determine that there will be, a surplus in the construction fund, it may determine that said moneys may be used for any one or more of the following purposes:

(a) For transfer to the general fund of the city, provided that the amount shall not exceed the lesser of one thousand dollars or five percent of the total amount expended from the construction fund;

(b) To reimburse the city, with or without interest, for any contributions or advances to or for the construction fund, that were not contributed in the resolution of intention or separately;

(c) For the maintenance of the improvements or a specified part thereof; or

(d) As provided in Section 14.20.350.

(Prior code 12-5.409; Ord. 1509-69 § 1, 1969)

As an alternative method of disposition, the surplus shall be refunded or credited pro rata to the parties assessed, as follows:

(a) Where the assessment or any installment has been paid in cash, the credit shall be returned in cash to the person who paid the assessment or installment;

(b) Where the assessment or any installment is unpaid, the credit shall be applied upon the assessment or the earliest unpaid installment of principal and interest; or

(c) Where an owner has requested that the credit be paid to him, in the petition for the improvements or subsequently in writing filed with the director of finance, or to his assigns, the credit shall be so paid notwithstanding the assessment or an installment has not been paid in cash; and

(d) When the assessment is ad valorem in nature and not fixed liens, the credit shall be deposited in the bond interest and redemption fund.

(Prior code § 12-5.410; Ord. 1509-69 § 1, 1969)

When a project is for a major service or services, including but not limited to lands, easements, rights, interests, improvements, works, systems or facilities for the collection, treatment and disposal of sanitary sewage, industrial wastes, garbage, refuse or storm waters, or for the production, supply, treatment, storage and distribution of water for public and private purposes, or for the parking of vehicles off public streets, proceedings therefor may be had as provided in Sections 14.20.370 through 14.20.460.

(Prior code § 12-5.411; Ord. 1509-69 § 1, 1969)

It shall not be necessary, in the resolution of intention, to describe any works or facilities or other matters having to do with any specific acquisitions or improvements, or in the estimate of costs, a detailed estimated cost of any specific acquisitions or improvements, or to provide in the engineer's report maps and descriptions of specific things to be acquired or plans, specifications, profiles, detailed drawings and specifications for any specific acquisitions or improvements, or a diagram or assessment.

(Prior code 12-5.412; Ord. 1509-69 § 1, 1969)

It shall be sufficient, in the resolution of preliminary determination and of intention, to state that the public interest, convenience and necessity require, and that the council proposes to provide an area of the city with a specified service or services, by the acquisition or construction, or both, of lands, easements, rights, interests, improvements, works, systems and facilities necessary or useful therefor, the total estimated costs thereof, and that bonds will be issued from time to time to pay the costs thereof pursuant to bond plans D or E of Chapter 14.24. If the services are for vehicle off-street parking, Bond Plan F may be designated, in which event the formulae to be used shall be specified. The boundaries of the area may be by reference to a map thereof which need not show the individual parcels therein.

(Prior code § 12-5.413; Ord. 1509-69 § 1, 1969)

It shall be sufficient for the engineer's report to contain a map of the proposed area preliminarily determined to be the area to be so served and benefitted, a general statement of the nature of the service or services proposed to be provided and of the nature of the things that may be acquired or constructed, or both, to provide such service or services, without any detail as to any specific such thing.

(Prior code § 12-5.414; Ord. 1509-69 § 1, 1969)

Notice shall be given of a hearing to be had on the resolution of intention and the report, by publication, posting and mailing, and such hearing shall be held, the acquisitions and improvements shall be ordered, and jurisdiction shall be acquired to take further proceedings, as otherwise provided for other projects under this article, modified to conform to these provisions for a major service project, provided that the notice to be mailed need only contain a statement of the total estimated cost of the general project.

(Prior code § 12-5.415; Ord. 1509-69 § 1, 1969)

The council may provide for the inclusion of a specific portion of a general project had pursuant to Sections 14.20.260, et seq., in which event all of the provisions of Sections 14.20.260 through 14.20.350 shall apply to said specific portion, and the balance of the project shall be had as provided in Sections 14.20.360, et seq.

(Prior code § 12-5.416; Ord. 1509-69 § 1, 1969)

After jurisdiction has been acquired as to a general project as provided in Section 14.20.400, successive specific parts or portions of the general project may be undertaken and consummated by adopting a resolution of intention to make modifications by including the specific parts or portions of the general project.

(Prior code § 12-5.417; Ord. 1509-69 § 1, 1969)

The resolution shall describe generally the parts or portions of the general project then to be acquired or constructed, and state the estimated costs thereof. It may refer to a supplemental report for a particular description of the things to be acquired or constructed. It shall also state the amount of any contributions or subventions to the specific project, the total estimated amount of the bonds to be issued, their type, the maximum number of years they shall run and the maximum rate of interest they shall bear.

(Prior code § 12-5.418; Ord. 1509-69 § 1, 1969)

A supplemental report shall be prepared for each specific project which shall contain maps or other descriptions of things to be acquired, plans and specifications for improvements to be constructed which may be by reference to standard drawings and specifications adopted and established therefor, a detailed estimate of the costs, and such other matters deemed pertinent. If it is proposed that bonds be issued pursuant to Bond Plan F, the report shall also contain the matters required by Section 14.24.684 through 14.24.776.

(Prior code 12-5.419; Ord. 1509-69 § 1, 1969)

The resolution shall be a resolution of preliminary determination and of intention to make such changes, shall be published and posted, and no other notice need be given.

(Prior code 12-5.420; Ord. 1509-69 § 1, 1969)

The resolution and report shall be heard, the council shall take action, and jurisdiction shall be acquired as otherwise provided for hearings on modifications.

(Prior code 12-5.421; Ord. 1509-69 § 1, 1969)

The city council may form the whole or any part of the city into a municipal improvement district for the purpose of acquiring, constructing, improving, extending, replacing, repairing, maintaining or operating any public improvements, works, utilities, buildings, structures, facilities or right of use, capacity or disposal in or service thereof.

(Prior code § 12-5.501; Ord. 1509-69 § 1, 1969)

The city council shall adopt a resolution declaring its intention to form a district, describing its boundaries, stating its purposes, giving it a name or number, and fixing a time and place when it will hear all persons interested.

(Prior code § 12-5.502; Ord. 1509-69 § 1, 1969)

Notice shall be given, a hearing shall be held, determination shall be made, and the council shall act as provided in Sections 14.20.010 to 14.20.090 and 14.20.260 to 14.20.460.

(Prior code § 12-5.503; Ord. 1509-69 § 1, 1969)

The city may purchase, lease, obtain, option upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise, and hold, sell, lease, exchange, transfer, assign, or otherwise dispose of, any real or personal property within the city, or any interest in, or improvement on, such property. All property shall be acquired and held in the name of the city.

(Prior code § 12-5.504; Ord. 1509-69 § 1, 1969)

City lands or property may be acquired. In such event the resolution of intention shall describe same and state the amount and manner of payment of the compensation. In lieu thereof, the council may provide in the resolution that the compensation for the property shall be an amount to be fixed by the decision of two or three disinterested competent appraisers to be appointed by the city council.

(Prior code § 12-5.505; Ord. 1509-69 § 1, 1969)

The council may sell any property acquired for public improvements which is not needed therefor. Any money received from the sale may be used for the acquisition, construction or improving of other public improvements in the districts. It may also be applied as a credit on any assessments levied for the acquisition of the property, in which case the provisions of Section 14.20.340 shall apply.

(Prior code § 12-5.506; Ord. 1509-69 § 1, 1969)

When, in its opinion, the public interest and economy will be served thereby, the council may lease one or more places or facilities. In so doing, the council may restrict or partially restrict their use to owners and tenants of real property in the district and classes of persons designated by such owners or tenants.

(Prior code § 12-5.507; Ord. 1509-69 § 1, 1969)

Surplus space may be rented or devoted to commercial uses other than for the parking of automobiles when in the council's judgment it is necessary or convenient to conduct or permit such use in order to utilize properly the property as a parking space. Rentals received for such purposes shall be deposited in the improvement fund or in the operation fund or in the bond interest and redemption fund for said project as the council shall determine.

(Prior code § 12-5.508; Ord. 1509-69 § 1, 1969)

The council may fix rentals, fees or other charges for the properties, works and facilities of any parking place. In so doing, it may establish rates, charges or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges and rentals charged other persons.

(Prior code § 12-5.509; Ord. 1509-69 § 1, 1969)

The public improvements may be maintained and operated, and all or any costs and expenses thereof, including rent, repairs, replacement, fuel, power, electrical current, care, supervision, and any other items necessary for the proper maintenance and operation thereof, may be expended for that purpose. Included in the costs may be the cost of replacements, improvements and extensions to any public improvement necessary or convenient for the proper operation thereof.

(Prior code § 12-5.510; Ord. 1509-69 § 1, 1969)

An annual assessment may be levied upon the real property within the district established therefor for the purpose of acquiring, constructing, maintaining and operating the public improvements. The assessment shall be in an amount clearly sufficient to pay any and all costs and expenses then due or thereafter to accrue before the proceeds of another levy shall be available therefor. The levy shall be apportioned among the properties within the district on the basis of the ad valorem value of the real property on the equalized tax roll for city taxes.

(Prior code § 12-5.511; Ord. 1509-69 § 1, 1969)

The city manager shall annually file with the city clerk a written report stating in reasonable detail the estimated cost for which an assessment is to be levied in that year. It shall also state the estimated rate of the levy to be made therefor. When the report shall have been preliminarily approved by the council, the clerk shall give notice to interested persons that the report has been filed in his office and open to inspection, and of the time and place when the report will be heard by the council and an assessment ordered. The notice may be by publication or by mail.

(Prior code § 12-5.512; Ord. 1509-69 § 1, 1969)

The report shall be fully heard, and may be altered, amended, or supplemented by the council. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, the report shall be confirmed by resolution of the council.

(Prior code § 12-5.513; Ord. 1509-69 § 1, 1969)

The council shall fix the final rate of assessment to be levied therefor.

(Prior code § 12-5.514; Ord. 1509-69 § 1)

The director of finance shall cause the assessments to be placed on the next tax roll on which city taxes are levied and they shall be collected in the same manner, and be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for nonpayment thereof, and title shall pass to the purchaser, as provided for city taxes.

(Prior code § 12-5.515; Ord. 1509-69 § 1)

The city may advance funds for the acquisition, constructing or improving of the public improvements, or for the maintenance and operation thereof, and reimburse itself from the proceeds of any assessment subsequently levied for that purpose. It may also make contributions thereto from available funds.

(Prior code § 12-5.516; Ord. 1509-69 § 1)

The council may, at any time, make a pledge or pledges as it shall determine, for the payment of the principal and interest of the bonds, or for the maintenance and operation of the facilities acquired or to be acquired therewith, or for adequate reserves, from the income and revenue of any public improvement acquired or constructed under this code or from the income and revenue of any public improvement similar to and/or related in use or purpose to those acquired or constructed under this code.

(Prior code § 12-5.517; Ord. 1509-69 § 1)

The council may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds.

(Prior code § 12-5.518; Ord. 1509-69 § 1)

The boundaries of the district may be altered from time to time by the inclusion of territory in or exclusion of territory from said district. Said territory shall be set forth in a resolution of intention to be adopted by the council, which shall give notice that said matter, and all persons interested, shall be heard by the council at a time to be stated therein, at the regular meeting place of the council.

(Prior code § 12-5.519; Ord. 1509-69 § 1; Ord. 2149-85 § 1)

The resolution shall be published once in a newspaper of general circulation published in the city and a copy thereof shall be posted on a bulletin board in or adjacent to the City Hall. Said posting and publication shall be at least ten days before the date fixed for hearing. The hearing may be adjourned from time to time. At the hearing, the council shall have the power to determine whether or not the entire territory, or only a portion thereof, will be benefitted by such inclusion or exclusion thereof.

(Prior code § 12-5.520; Ord. 1509-69 § 1; Ord. 2149-85 § 1)

The council shall, by resolution, order the inclusion or exclusion of such territory, defining or otherwise identifying its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property included shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of any improvements and the property excluded shall no longer be subject to any such special levies. No inhabitant, property owner, taxpayer; consumer or user within said territory excluded from said district shall be entitled to any part of the funds (including cash on hand and moneys due but uncollected) collected prior to the effective date of the exclusion or any property, real or personal, of said district.

(Prior code § 12-5.521; Ord. 1509-69 § 1; Ord. 2149-85 § 1)

The provisions of Sections 14.20.470 to 14.20.700 with regard to districts may be applied to existing public improvements, regardless of the manner in which the public improvements were acquired or constructed.

(Prior code § 12-5.522; Ord. 1509-69 § 1)

Districts heretofore or hereafter formed pursuant to Sections 14.20.470 to 14.20.700 and to Ordinance No. 369 entitled Sunnyvale parking district ordinance may be consolidated in the manner provided in Sections 14.20.470 to 14.20.700 for alteration of districts.

(Prior code § 12-5.523; Ord. 1587-70 § 1)

The name of a district heretofore or hereafter formed pursuant to Sections 14.20.470 to 14.20.700 or to the Sunnyvale parking district ordinance may be changed and a district resulting from a consolidation thereof may be named or its name changed by resolution.

(Prior code § 12-5.524; Ord. 1587-70 § 1)

Proceedings may be had pursuant to this chapter for the purpose of establishing, maintaining and operating a pedestrian mall.

(Prior code § 12-5.601; Ord. 1509-69 § 1)

In conducting said proceedings, the city shall have the powers provided therefor in the provisions of Sections 11000 through 11102, 11200 through 11305, 11308 through 11601 and 11603 through 11702 of the Pedestrian Mall Law of 1960 (Part 1, Division 13 (commencing with Section 11000) of the Streets and Highways Code).

(Prior code § 12-5.602; Ord. 1509-69 § 1)

The proceedings for determining and assessing damages for establishing a pedestrian mall and for acquiring property and constructing improvements in conjunction therewith may be had in a single combined proceedings pursuant to Sections 14.20.260 to 14.20.460, which shall be so modified as to comply with the provisions of Section 14.20.720.

(Prior code § 12-5.603; Ord. 1509-69 § 1)

The district may be established by resolution.

(Prior code § 12-5.604; Ord. 1509-69 § 1)

Sections 14.20.760 to 14.20.780 provide an alternative procedure to that provided in Chapter 15.04 of the Sunnyvale Municipal Code by which overhead electric service and communications facilities may be removed and installed underground and the costs chargeable to affected owners assessed upon the benefitted real properties within the area.

(Prior code § 12-5.701; Ord. 1509-69 § 1)

The council may take proceedings, singly or in conjunction with the acquisition or construction of other local improvements, for the removal of such facilities and for their installation underground, and assess the costs chargeable to affected owners upon the real properties within the area pursuant to general law or procedure ordinance of the city.

(Prior code § 12-5.702; Ord. 1509-69 § 1)

Jurisdiction shall be acquired as provided for other local improvements, and no further petitions or requests shall be required.

(Prior code § 12-5.703; Ord. 1509-69 § 1)

Before any work may be performed on a parcel of land, the written consent of the owner shall be had or an easement or right of possession shall have been obtained in the manner provided by law.

(Prior code § 12-5.704; Ord. 1509-69 § 1)

Any proceeding had pursuant to this chapter may include all sums necessary to remove former assessments for other projects on any of the lands within the assessment district, and for the call and retirement of the bonds issued therefor, in order that the new assessments shall become a first lien on all properties assessed.

(Prior code § 12-5.801; Ord. 1509-69 § 1)

The basis of levying assessments in proceedings previously had for other improvements, when the assessments therefor are other than fixed lien assessments, may be changed and modified, either to conform to the proposed levies, other than fixed lien assessments, in a proceeding had for additional improvements, or by a similar independent proceeding when a proceeding for a new improvement is not being undertaken, in either of which events the proposed changes shall be properly described in the resolution of intention, reports and notices necessary therefor.

(Prior code § 12-5.802; Ord. 1509-69 § 1)

In assessing the costs of any acquisitions or improvements, credits may be given or adjustments may otherwise be made by reason of the former or present contribution of lands, easements or improvement and 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 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 improvements, or any interest therein, which would otherwise have to be acquired or constructed and the costs assessed in the project.

(Prior code § 12-5.803; Ord. 1509-69 § 1, 1969)