Vallejo Municipal Code Ch. 14.20 Acquisition and Improvement Procedure

Whenever the council determines that proceedings should be taken for acquisitions and/or improvements 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 public convenience and necessity and the hearing shall be called and notice of time and place thereof shall be given in accordance with the provisions of Sections 14.20.020 through 14.20.090.

(Ord. 57 N.C. (2d) § 1 (5.01.01), 1971.)

A resolution of preliminary determination shall be adopted describing 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 said Investigation Act.

(Ord. 57 N.C.(2d) § 1 (5.01.02), 1971.)

The resolution shall contain a notice of the time and place of hearing A copy of the resolution, and of the time and place of hearing, shall be published in one or more issues of a newspaper published and circulated in the city, and shall be posted. The resolution and notice of its adoption may be incorporated in the resolution of intention and notice of improvement, and in the notice to property owners.

(Ord. 57 N.C.(2d) § 1 (5.01.03), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.01.04), 1971.)

If no protests are made, or when protests shall 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 the Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition.

(Ord. 57 N.C.(2d) § 1 (5.01.05), 1971.)

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 the changes and modifications.

(Ord. 57 N.C.(2d) § 1 (5.01.06), 1971.)

The resolution determining 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.

(Ord. 57 N.C.(2d) § 1 (5.01.07), 1971.)

Sections 14.20.010 through 14.20.090 are alternative to a proceeding which has been excepted under the provisions of the Investigation Act, or when proceedings have been taken pursuant to the Act.

(Ord. 57 N.C.(2d) § 1 (5.01.08), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.01.09), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.02.01), 1971.)

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 through 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.

(Ord. 57 N.C.(2d) § 1 (5.02.02), 1971.)

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 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.

(Ord. 57 N.C.(2d) § 1 (5.02.03), 1971.)

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.

(Ord. 57 N.C.(2d) § 1 (5.02.04), 1971.)

The officer shall extend upon the roll the total amounts of the assessments and interest.

(Ord. 57 N.C.(2d) § 1 (5.02.05), 1971.)

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.

(Ord. 57 N.C.(2d) § 1 (5.02.06), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.02.07), 1971.)

Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in the city is sold for the nonpayment of general city taxes, and be subject to redemption within one year from the date of sale in the same manner as the real property is redeemed from the delinquent sale, and upon failure of 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 the delinquency until the property be redeemed or sold and money received therefor.

(Ord. 57 N.C.(2d) § 1 (5.02.08), 1971.)

Upon receipt of the deed the city shall thereupon offer and sell the property at public auction in the manner provided by law for the sale of 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.

(Ord. 57 N.C.(2d) § 1 (5.02.09), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.02.10), 1971.)

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 the first of January, 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.

(Ord. 57 N.C.(2d) § 1 (5.02.11), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.03.01), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.03.02), 1971.)

The ordinance of intention may be a resolution.

(Ord. 57 N.C.(2d) § 1 (5.03.03), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.03.04), 1971.)

Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of Section 14.20.110.

(Ord. 57 N.C.(2d) 1 (5.03.05), 1971.)

When proceedings are taken pursuant to Sections 14.20.270 through 14.20.350 the Municipal Improvement Act of 1913 shall apply.

(Ord. 57 N.C.(2d) § 1 (5.04.01), 1971.)

The hearing on the report need not be set for more than ten days beyond the day of setting.

(Ord. 57 N.C.(2d) § 1 (5.04.02), 1971.)

The time provided for payment of assessments may be extended by the council, or, on petition of all of the owners, may be shortened or waived.

(Ord. 57 N.C.(2d) § 1 (5.04.03), 1971.)

Payment shall be made to the treasurer unless the council shall specify some other officer to whom payments are to be made.

(Ord. 57 N.C.(2d) § 1 (5.04.04), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.04.05), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.04.06), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.04.07), 1971.)

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

(Ord. 57 N.C.(2d) § 1 (5.04.08), 1971.)

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 the 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 for any contributions or advances to or for the construction fund that were not pledged in the resolution of intention;

C. For maintenance of the improvements or a specified part thereof;

D. As provided in Section 14.20.350.

(Ord. 57 N.C.(2d) § 1 (5.04.09), 1971.)

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 treasurer, or to his assigns, the credit shy 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 or otherwise not fixed liens, the credit shall be deposited in the bond interest and redemption fund.

(Ord. 57 N.C.(2d) § 1 (5.04.10), 1971.)

Works or improvements which are existing or under construction may be acquired for the value thereof to be determined by the council pursuant to appropriate engineer's certificates or other evidences as determined to be satisfactory by the city. Payments on account of such acquisition may be made to the owner or the assigns of the owner as the work progresses, based on such engineer's certificates, and the provisions of Section 10010 (a) of the Streets and Highways Code, requiring that any works, improvements, appliances or facilities to be acquired be in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof, shall not apply. This section shall apply to any proceeding wherein the resolution of intention is adopted on or after July 1, 1983, provided such resolution specifically refers to this section by number.

(Ord. 689 N.C.(2d) § 1, 1983: Ord. 57 N.C.(2d) § 1 (5.04.11), 1971.)

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, including the payment of rent for any of such purposes.

(Ord. 288 N.C.(2d) § 1, 1975: Ord. 57 N.C.(2d) § 1 (5.05.01), 1971.)

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, setting forth the formula used to compute the annual assessments and fixing a time and place when it will hear all persons interested.

(Ord. 288 N.C.(2d) § 2, 1975: Ord. 57 N.C.(2d) § 1 (5.05.02), 1971.)

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 through 14.20.090 and Sections 14.20.260 through 14.20.350 Division 5 of this chapter. The report required by Sections 14.20.260 through 14.20.350 need not include a diagram and proposed assessment but may include the estimated amounts of the assessments for the first year.

(Ord. 288 N.C.(2d) § 3, 1975: Ord. 57 N.C.(2d) § 1 (5.05.03), 1971.)

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, the property. All property shall be acquired and held in the name of the city.

(Ord. 57 N.C.(2d) § 1 (5.05.04), 1971.)

City lands or property may be acquired. In that 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 of three disinterested competent appraisers to be appointed by the city council.

(Ord. 57 N.C.(2d) § 1 (5.05.05), 1971.)

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 district. 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 14.20.350 shall apply.

(Ord. 57 N.C.(2d) § 1 (5.05.06), 1971.)

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 included in the estimated cost to be stated in the annual report provided by Section 14.20.440, and an assessment levied therefor and the proceeds thereof thereupon 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.

(Ord. 288 N.C.(2d) § 4, 1975.)

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 assessment formula set forth in the resolution of intention, as provided in Section 14.20.370.

(Ord. 288 N.C.(2d) § 5, 1975.)

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 show the various data, rates, and factors necessary to compute the annual assessments and the amounts thereof. 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 is 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 or both.

(Ord. 288 N.C.(2d) § 6, 1975.)

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.

(Ord. 57 N.C.(2d) § 1 (5.05.10), 1971.)

The council shall fix the final amount of the assessment in said resolution.

(Ord. 288 N.C.(2d) § 7, 1975: Ord. 57 N.C.(2d) § 1 (5.05.11), 1971.)

The assessments shall 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.

(Ord. 57 N.C.(2d) § 1 (5.05.12), 1971.)

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.

(Ord. 57 N.C.(2d) § 1 (5.05.13), 1971.)

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.

(Ord. 57 N.C.(2d) § 1 (5.05.14), 1971.)

The boundaries of the district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the council, which shall give notice that the 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.

(Ord. 57 N.C.(2d) § 1 (5.05.15), 1971.)

The resolution shall be published, posted and mailed. 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, to be annexed will be benefited by being annexed.

(Ord. 57 N.C.(2d) § 1 (5.05.16), 1971.)

The council shall by resolution order the annexation of the territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of the improvements.

(Ord. 57 N.C.(2d) § 1 (5.05.17), 1971.)

The provisions of Sections 14.20.360 through 14.20.520 with regard to districts may be applied to existing public improvements, regardless of the manner in which the public improvements were acquired or constructed.

(Ord. 57 N.C.(2d) § 1 (5.05.18), 1971.)

The supplemental security and remedy provisions of Part 13 (commencing at Section 8800) of Division 10 of the Streets and Highways Code shall apply. This section is adopted pursuant to Section 43240 of the Government Code.

(Ord. 288 N.C.(2d) § 8, 1975: Ord. 57 N.C.(2d) § 1 (5.05.19), 1971.)

In any proceeding conducted pursuant to Sections 14.20.100 through 14.20.200, 14.20.210 through 14.20.250, or 14.20.260 through 14.20.350, the city may levy assessments against lands or properties of any duly established and legally constituted department or special fund of the city which are benefited by the proposed improvements. Any such assessment shall be an enforceable obligation against the income and revenues of said department and shall not constitute an indebtedness or general obligation of the city. Said obligation is payable by and, to the extent legally possible, enforceable against the city department or special fund in the same manner as assessments against lands of public agencies under Section 5302.5 of the Streets and Highways Code, except that the annual assessment installments therein provided need not be equal. The remedy of mandamus or other appropriate remedy referred to in said Section 5302.5 shall be available to the owner of the assessment to compel whatever action is legally available to said department or special fund for the collection of funds, and any limits otherwise applicable shall not apply.

(Ord. 57 N.C.(2d) § 1 (5.06.01), 1971.)