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At any time not later than the hour fixed in the Ordinance of Intention for hearing protests any person interested, objecting to:
(a) the proposed work or improvement,
(b) the costs thereof,
(c) the manner of making the proposed assessment,
(d) the estimated assessment against any of the lots or parcels of land, or
(e) the extent of the Assessment District,
may make written protests. Such written protest must be filed with the City Clerk not later than said time, must contain a description of the property in which each signer thereof is interested and set forth the nature of the signer’s interest therein, and in case any signature is made by an agent, there must be attached to the protest the affidavit of such agent that the agent is duly authorized to sign such protest. Any protest not complying with the foregoing requirements need not be considered by the Council. The City Clerk shall endorse on every such protest the time of its reception by the City Clerk and at the time fixed for the hearing the City Clerk shall present to the Council all protests so filed with the City Clerk.
The Council shall hear and consider said protests at said meeting, or at any time to which the hearing thereof may be continued and pass upon the same and its decision thereon shall be final and conclusive; provided, however, that if the Council finds that protests against the proposed work or the cost thereof are filed by the owners of more than one half of the area of the property to be assessed for said improvements, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken and the Council shall be barred for a period of six months from the date of the filing of such majority protest from instituting any proceedings for the same improvement, unless such protests are overruled by an affirmative vote of four fifths of the members of the Council, or unless the owners of a majority of such property shall, in the meantime, petition for such improvement to be made. Any interested person may withdraw the person’s protest in writing at any time before the conclusion of the said hearing.
If protests are filed by the owners of less than a majority of such area, and such protests are sustained, no further proceedings shall be had under said Ordinance of Intention, but a new Ordinance of Intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made.
If any of the written protests as provided in this section should be against the manner of making the proposed assessment, or the amount of the estimated assessment to be levied against any lot or parcel of land, or the extent of the Assessment District, the Council may by resolution change or modify any of the proposed assessments, or may change the boundaries of the Assessment District as hereinafter provided.
Any person interested whose property is to be assessed to pay the costs and expenses of the proposed work may, at the time fixed in the resolution of intention for hearing of objections to the proposed work, appear before the legislative body and make objection to the proposed grade or proposed modification of grade. A failure to make objection at that time shall be deemed to be a waiver of all objections to the proposed grade or proposed change or modification of grade and shall operate as a bar to any claim for damages or any subsequent action looking to the prevention of the work or the recovery of damages on account of the performance of the work to such grade or changed grade.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ords. Nos. 96,286, 108,857.
If no protests or objections in writing have been delivered to the Clerk up to the hour set for the hearing thereon or if protests have been found by the legislative body to be insufficient, or have been overruled, or if protests against the extent of the proposed district have been heard and denied, immediately thereupon the legislative body shall acquire jurisdiction to order the proposed work to be done. Having acquired such jurisdiction and if it decides to proceed with the improvement, the Council shall adopt an ordinance ordering such improvement to be made, which ordinance shall be referred to herein as the final ordinance.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 103,550.
The provisions of the Improvement Act of 1911 in Sections 5230 to 5235, inclusive, in Chapter 8.5 of Part 3 of Division 7 of the Streets and Highways Code, relating to change of work, boundaries of Assessment District or proceedings, are incorporated in this article as if fully set forth herein.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 110,450.
Upon the publication of the final ordinance, the Board shall, when ordered by the City Council, execute and perform the work or improvement contemplated in the Ordinance of Intention and more particularly described in the plans, specifications on file in the office of the City Engineer and referred to therein, and may employ the necessary labor and provide necessary materials and supplies therefor. The cost and expenses of such work shall be advanced from such budgetary funds in the Department of Public Works as may be eligible and available for expenditure for such purposes or out of any funds which may be provided therefor by the City Council.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 89,681.
The City Council in its Ordinance of Intention or in the final ordinance ordering the work to be done may direct the Board of Public Works to let a contract for the making of said improvements. Such contract shall be let to the lowest regular responsible bidder, provided, however, that the Board shall not award any such contract for an amount in excess of one-tenth above the total estimated cost of the improvement (exclusive of incidental expenses) as shown upon the proposed Assessment Roll required by Section 6.22 hereof, unless by order of the Council the amount of such excess is to be paid from funds designated and made available for such purpose.
If no bids are received or if any bids are rejected, the Board may re-advertise for bids at any time or recommend in writing to the City Council that the work and improvements be done by the City as provided in Sections 6.20(b) and 6.29 thereof. As an alternative method of procedure for the making of said improvement, if the City Council after considering said recommendations, deems that the public interest, convenience and necessity so require, it shall direct the Board to proceed with the work or improvement pursuant to Sections 6.20(b) and 6.29 hereof.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 103,550.
After the contractor has completed said improvement in accordance with plans and specifications therefor and the said work has been accepted by the Board, the said Board shall cause a demand to be drawn in favor of said contractor, or the contractor’s assignee, in payment for said work in accordance with the terms of the contract let pursuant to Section 6.30 hereof. Whenever the Board of Public Works is directed to let a contract pursuant to Section 6.30 hereof, no such contract shall be awarded until funds in an amount equal to that stated in the contract as being payable to the contractor upon acceptance of the work, are available for payment thereof. Said amount may be advanced from such budgetary funds of the Department of Public Works as may be eligible and available for expenditure for such purposes, or out of any funds which may be provided therefor by the Council. Said amount shall be returned to the General Fund when collected as assessments or installments thereof.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 89,681.
Upon the completion of the work ordered by the final ordinance as herein provided, the Board shall prepare a map or diagram showing each public street, alley or other public place improved, the general nature, location and extent of the improvements constructed, and the parcels of land within the boundaries of the Assessment District to be assessed to pay the costs thereof, numbered to correspond with the numbers in the Assessment Roll hereinafter provided for. Said map or diagram shall accompany and be a part of the Assessment Roll which shall be prepared by the Board showing the total costs of the improvement (inclusive of incidental expenses) and the amount of the several assessments to be assessed upon each parcel of land in proportion to the estimated benefits to be received by each of the said several parcels of land.
The total amount of the assessment to be levied shall not exceed the total of the estimated assessment by more than one-tenth of such estimated assessment; and no part of any excess over said one-tenth shall be assessed upon the lands to be assessed in the proceedings, but such excess may be paid from the general fund or from any other fund available for the purpose.
When said map or diagram has been completed, it, together with the said Assessment Roll, shall be filed with the City Clerk who shall endorse thereon the date of such filing and thereafter said Assessment Roll shall be open to public inspection in the office of said Clerk.
SECTION HISTORY
Based on Ord. No. 85,500.
Amended by: Ord. No. 108,857.
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