Chapter 12.32 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 said 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 Sections 12.32.010 through 12.32.090.

(Prior code § 1605.1).

12.32.020 PRELIMINARY DETERMINATION OF NECESSITY.

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 city council should find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Investigation Act.

(Prior code § 1605.2).

12.32.030 NOTICE AND HEARING.

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 city council chamber 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 (in which event the time and place of hearing need not be set forth in the consolidation resolution, but may be established by separate resolution), and the notice may be incorporated in the notice of improvement.

(Prior code § 1605.3).

12.32.040 OBJECTIONS.

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

(Prior code § 1605.4).

12.32.050 FINAL DETERMINATION OF NECESSITY.

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 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.

(Prior code § 1605.5).

12.32.060 MODIFICATION.

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 § 1605.6).

12.32.070 JURISDICTION.

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 finding and determination shall be final and conclusive.

(Prior code § 1605.7).

12.32.080 NONAPPLICATION.

Sections 12.32.010 through 12.32.090 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 that act.

(Prior code § 1605.8).

12.32.090 FINALITY.

Where proceedings for any improvement and/or acquisition or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under Sections 12.32.010 through 12.32.090, proceedings may thereafter be had under Sections 12.32.010 through 12.32.090 with reference thereto, and the order of the city council determining convenience and necessity therein shall be final and conclusive.

(Prior code § 1605.9).

12.32.100 IMPROVEMENT ACT OF 1911.

When proceedings are taken pursuant to Sections 12.32.100 through 12.32.190, the improvement Act of 1911 shall apply.

(Prior code § 1605.10).

12.32.110 CASH ASSESSMENTS, ALTERNATIVE COLLECTION.

As an alternative method for collection of cash assessments or assessments of less than fifty dollars levied under the provisions of Sections 12.32.100 through 12.32.190, the city council may, and upon the written request of the contractor or his assigns must, by resolution adopted at or before the first of September, direct that such assessments be collected upon the tax roll upon which general taxes are collected for the city.

(Prior code § 1605.11).

12.32.120 COLLECTION – RESOLUTION, CONTENTS.

The resolution shall contain a description of the properties so assessed, the amount of such 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 of December of the tax year for which such roll shall have been prepared, and the total amounts of principal and interest on each property.

(Prior code § 1605.12).

12.32.130 COLLECTION – RESOLUTION – FILING.

A certified copy of the resolution shall be delivered immediately to the officer designated by law to extend city taxes upon the tax roll on which they are collected.

(Prior code § 1605.13).

12.32.140 COLLECTION – EXTENSION ON ROLL.

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

(Prior code § 1605.14).

12.32.150 COLLECTION PROCEDURE.

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

(Prior code § 1605.15).

12.32.160 COLLECTION – PAYMENT TO CONTRACTOR.

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

(Prior code § 1605.16).

12.32.170 COLLECTION – DEFAULT.

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 § 1605.17).

12.32.180 COLLECTION – RESALE ON DEFAULT.

Upon receipt of such deed the city shall thereupon offer and sell such property at public auction in the same 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 said contractor or his assigns.

(Prior code § 1605.18).

12.32.190 COLLECTION – NO BIDDER ON RESALE.

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 deemed to him, and such assessment ordered satisfied of record.

(Prior code § 1605.19).

12.32.200 STREET OPENING ACT OF 1903.

When proceedings are taken pursuant to Sections 12.32.200 through 12.32.240, the Street Opening Act of 1903 shall apply.

(Prior code § 1605.20).

12.32.210 CLOSING.

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

(Prior code 1605.21).

12.32.220 RESOLUTION OF INTENTION.

The ordinance of intention shall be called a resolution.

(Prior code 1605.22).

12.32.230 NOTICE OF IMPROVEMENT.

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

(Prior code § 1605.23).

12.32.240 CASH ASSESSMENTS, ALTERNATIVE COLLECTION.

Cash assessments or assessments for less than twenty-five dollars may be collected as provided in the alternative procedure of Sections 12.32.100 through 12.32.190.

(Prior code § 1605.24).

12.32.250 MUNICIPAL IMPROVEMENT ACT OF 1913.

When proceedings are taken pursuant to Sections 12.32.250 through 12.32.330, the Municipal Improvement Act of 1913 shall apply.

(Prior code § 1605.25).

12.32.260 HEARING.

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

(Prior code § 1605.26).

12.32.270 BONDS.

Bonds may be issued upon any supplemental assessment and more than one such assessment may be had.

(Prior code § 1605.27).

12.32.280 PAYMENT.

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

(Prior code § 1605.28).

12.32.290 EMINENT DOMAIN.

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

(Prior code § 1605.29).

12.32.300 STIPULATIONS FOR JUDGMENT.

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

(Prior code § 1605.30).

12.32.310 OFFSET.

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

(Prior code § 1605.31).

12.32.320 REFEREES.

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

(Prior code § 1605.32).

12.32.330 SURPLUS.

Where surplus is not used for maintenance of the improvement and is ordered refunded and the assessment has been paid in cash in full, the portion of the surplus applicable thereto shall be returned in cash to the person paying it upon his furnishing satisfactory evidence of such payment. The determination of the treasurer as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. When bonds have been, or are provided to be issued under Bond Plan D or E, the surplus shall be deposited in the bond interest and redemption fund. Any surpluses remaining unexpended for a period of four years after final completion of the project and payment of all costs and expenses thereof may be transferred to the general fund.

(Prior code § 1605.33).

12.32.340 PARKING PLACE.

Parking place includes a parking lot, garage, or subsurface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles, including parking meters and other equipment and facilities necessary or convenient therefor, together with provisions necessary or convenient for ingress to and egress from such places.

(Prior code § 1605.34).

12.32.350 POWER OF CITY COUNCIL TO OPERATE PARKING PLACES.

There is hereby vested in the council the power to acquire, construct, reconstruct, install, extend, enlarge, repair, improve, maintain and operate public automobile parking places within the city; to acquire, by purchase, lease or eminent domain, the lands and public rights-of-way necessary or convenient therefor; to acquire and construct public improvements and equipment and facilities necessary or convenient therefor; and to levy assessments and issue bonds to pay for the cost of the whole or any part thereof and the expenses incidental thereto.

(Prior code § 1605.35).

12.32.360 DISTRICT.

The whole, or any portion, of the city may be formed into an improvement and/or maintenance district and assessments may be levied upon and bonds may be issued against the properties therein for the purpose of paying for the costs of acquiring, constructing, extending, enlarging, repairing, improving, maintaining and operating parking places, and the expenses incidental thereto. Proceedings for the formation of such district or districts levying such assessments and issuing such bonds shall be had as provided in Chapters 12.32 and 12.34.

(Prior code § 1605.36).

12.32.370 PROPERTY.

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 § 1605.37).

12.32.380 CITY LANDS.

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 city 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 § 1605.38).

12.32.390 SALE OF PROPERTY.

The city council may sell any property acquired for parking places which is not needed therefor. Any money received from such sale may be used for the acquisition, construction or improvement of other parking places in said district. It may also be applied as a credit on any assessments levied for the acquisition of such property, in which case the provisions of Section 12.32.330 shall apply.

(Prior code § 1605.39).

12.32.400 LEASE OF PROPERTY.

When, in its opinion, the public interest and economy will be served thereby, the city council may lease one or more parking places and facilities. In so doing, the city 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 § 1605.40).

12.32.410 SURPLUS SPACE.

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

(Prior code § 1605.41).

12.32.420 FEES AND RENTALS.

The city 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 § 1605.42).

12.32.430 OPERATION.

Such parking places 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 such costs may be the cost of replacements, improvements and extensions to any parking place necessary or convenient for the proper operation thereof.

(Prior code § 1605.43).

12.32.440 MAINTENANCE COST.

An annual assessment may be levied upon the real property within the district established therefor for the purpose of maintaining and operating such parking places. Such assessment shall be in an amount clearly sufficient to pay any and all costs and expenses of maintaining and operating such parking places then due or thereafter to accrue before the proceeds of another levy shall be available therefor. Such levy shall be apportioned among the properties within such district on the basis of the ad valorem value of such land as shown on the last equalized secured and utility tax rolls upon which the city taxes are collected.

(Prior code § 1605.44).

12.32.450 ANNUAL REPORT.

When any part of the operative cost is to be paid by a special levy, the city manager shall annually file with the city clerk a written report stating in reasonable detail the estimated cost of maintenance and operation for which an assessment is to be levied in that year, including the cost of replacements, improvements and extensions to any parking place. It shall also state the rate of the levy to be made therefor. When such report shall have been preliminarily approved by the city council, the clerk shall give notice to interested persons that such report has been filed in his office and open to inspection, and of a time and place when such report will be heard by the city council and an assessment ordered. Such notice may be by publication in a newspaper published in the city, or by mail to the last assessees of the property at their addresses appearing in the last city tax roll, or as known to the clerk, at least ten days before the day set for hearing.

(Prior code § 1605.45).

12.32.460 HEARING ON REPORT.

The report shall be fully heard, and may be altered, amended or supplemented by the city council. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, such report shall be confirmed by resolution of the city council. Such levy shall become and remain a lien on the property described therein from the date it is confirmed until paid.

(Prior code § 1605.46).

12.32.470 COLLECTING ASSESSMENT.

The officer who performs such duty shall compute and extend the amounts thereof in the next tax rolls on which city taxes are collected, and it 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, except that the period of redemption shall be one year instead of five.

(Prior code § 1605.47).

12.32.480 TRANSFER OF FUNDS.

The city may advance funds for the acquisition, construction or improving of such parking places, 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 § 1605.48).

12.32.490 PLEDGE.

The city council may, at any time, make such 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 on- and off-street parking facilities.

(Prior code § 1605.49).

12.32.500 COVENANTS.

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

(Prior code § 1605.50).

12.32.510 ALTERATION OF DISTRICT.

The boundaries of such 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 city council, which shall give notice that said matter, and all persons interested, will be heard by the city council at a time to be stated therein, at the regular meeting place of the city council.

(Prior code § 1605.51).

12.32.520 PUBLICATION OF RESOLUTION.

Such resolution shall be published twice in a newspaper of general circulation published in the city, the first of which shall be at least ten days before the date fixed for hearing.

(Prior code § 1605.52).

12.32.530 HEARING.

The hearing may be adjourned from time to time. At the hearing the city council shall have power to determine whether or not the entire territory, or only a portion thereof, to be annexed, will be benefited by being annexed.

(Prior code § 1605.53).

12.32.540 ANNEXATION ORDER.

The city council shall, by resolution, order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.

(Prior code § 1605.54).

12.32.550 EFFECT OF ANNEXATION.

Thereafter, the properties annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of said improvements.

(Prior code § 1605.55).

12.32.560 REMOVAL OF METERS.

The city council may order the removal of meters from any or all parking facilities financed pursuant to this code. Before doing so, the city council shall adopt a resolution fixing time and place of hearing on the question of removing said meters, which resolution shall specifically identify the parking lots from which it is proposed that the meters be removed, and shall give notice of a time and place for a hearing, at which all persons interested will be heard. The time and place of said hearing shall be stated in the resolution.

The resolution shall also give notice of the effect which the removal of said meters will have on the rate of ad valorem assessment against taxable real property in said parking district because of the absence of net revenues from said parking meters to be applied toward the payment of principal and interest on any bonds issued to finance the facilities. The resolution shall also give notice that the city council will consider and determine at said hearing the question of the effect which the removal of said meters will have on the economy of the parking district, with particular reference to the ability of the district to make payments on the principal and interest on any bonds issued to finance the facilities.

(Ord. NS 669 § 1, 1966: prior code § 1605.56).

12.32.570 METER REMOVAL – PUBLICATION OF RESOLUTION.

The resolution shall be published twice in a newspaper of general circulation published in the city, the first of which shall be at least ten days before the day fixed for hearing.

(Ord. NS 669 § 2, 1966: prior code § 1605.57).

12.32.580 METER REMOVAL – HEARING.

At the hearing, the city council shall hear all relevant testimony and any interested person may appear before the city council, either orally or in writing. The hearing may be adjourned from time to time.

(Ord. NS 669 § 3, 1966: prior code § 1605.58).

12.32.590 METER REMOVAL – PRELIMINARY ORDER.

At the conclusion of the hearing the city council may, by resolution, order the removal of the meters as proposed in the resolution fixing time and place of hearing.

The resolution must contain a finding and determination by the city council based on substantial evidence to be submitted at the hearing, that the removal of the meters will not affect the ability of the parking district to meet its obligations under the district bond indenture, and that the removal of said meters will be to the advantage of the economy of the district.

The resolution shall provide, however, that it shall not become effective until there shall be filed with the city clerk written consents to the proposed removal of meters, signed by the owners of a majority in the area of the lands within the parking district formed to finance the acquisition and construction of the parking facilities.

(Ord. NS 669, § 4, 1966: prior code § 1605.59).

12.32.600 METER REMOVAL – FINAL ORDER.

When the city clerk has determined that written consents representing a majority of the area of the district have been filed with him, he shall certify to the city council, whereupon the city council may adopt a resolution determining that consents filed by the requisite number of owners have been filed and finally ordering the removal of the meters. The meters may thereupon be removed forthwith. The city council determination as to the adequacy and sufficiency of the written consents based on the city clerk’s certification shall be final and conclusive.

(Ord. NS 669 § 5, 1966: prior code § 1605.60).

12.32.610 METER REMOVAL – DEFINITION OF OWNER.

“Owner” as used in Sections 12.32.590 and 12.32.600, means the person whose name appears on the last equalized assessment roll, unless the written consent is accompanied by written evidence showing that the signer is the owner. The city clerk shall determine ownership from the equalized assessment roll and the evidence, and shall be under no duty to obtain any other evidence as to ownership.

(Ord. NS 669 § 6, 1966: prior code § 1605.61).

12.32.620 RESTORATION OF METERS.

The city council may at any time restore meters on any or all of the facilities if it finds and determines that such restoration is necessary for the preservation and protection of the security of any bonds issued to finance the construction of the parking facilities.

(Ord. NS 669 § 7, 1966: prior code § 1605.62).