(a) Necessity of Improvement. 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 this section.
(b) 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 council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Investigation Act.
(c) 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 two 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 first publication shall be 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.
(d) Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.
(e) Final Determination of Necessity. If no protests are made, or when the 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.
(f) 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 modification shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.
(g) Jurisdiction. 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 findings and determination shall be final and conclusive.
(h) Nonapplication. This section 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.
(i) Finality. When proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.
(Ord. 2277 (part), 1966: prior code § 40.401)
(a) Powers. When proceedings are taken pursuant to this section, the Improvement Act of 1911 shall apply.
(b) Cash Assessments - Alternative Collection. As an alternative method for the collection of cash assessments or assessments of less than fifty dollars levied under the provisions of this section, the council may, and upon the written request of the contractor or his assigns must by resolution adopted at or before the first day of September, direct that such assessments be collected upon the tax roll upon which general taxes are collected for the city.
(c) Cash Assessments - 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 day 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.
(d) Cash Assessments - Filing. A certified copy of said resolution shall be delivered immediately to the officer designated by law to extend city taxes upon the tax roll on which they are collected.
(e) Cash Assessments - Extension on Roll. Said officer shall extend upon such roll the total amounts of such assessments and interest.
(f) Cash Assessments - Collection. Said 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 penalties and interest, and 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.
(g) Cash Assessments - 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 day of January next succeeding.
(h) Cash Assessments - 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.
(i) Cash Assessments - Default - Resale. 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 said assessment and the penalties and interest thereon less the costs of said sale shall be paid to said contractor or his assigns.
(j) Cash Assessments - Default - No Bidder. 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.
(Ord. 2277 (part), 1966: prior code § 40.402)
(a) Powers. When proceedings are taken pursuant to this section the Street Opening Act of 1903 shall apply.
(b) Closing. Said proceedings may be for closing or abandoning any street or easement, and the council may therein determine that no assessment is necessary.
(c) Resolution of Intention. The ordinance of intention may be called a resolution.
(d) Notice of Improvement. The notice of improvement shall be so called and no map need be contained therein.
(e) Cash Assessments - Alternative Collection. Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of Section 13.12.120.
(Ord. 2277 (part), 1966: prior code § 40.403)
(a) Powers. When proceedings are taken pursuant to this section the Municipal Improvement Act of 1913 shall apply.
(b) Hearing. The hearing on the report need not be set for more than ten days beyond the date of setting.
(c) Bonds. Bonds may be issued upon any supplemental assessment and more than one such assessment may be had.
(d) Payment - Time. The time provided for payment of assessments may be thirty days.
(e) Payment - To Whom. Payment shall be made to the city treasurer unless the council shall specify some other officer to whom payments are to be made.
(f) Eminent Domain. Proceeding in eminent domain may be exercised under the Code of Civil Procedure.
(g) Stipulations for Judgment. Stipulations and proceeding thereon for judgment may be had as provided in the Street Opening Act of 1903.
(h) Offset. Awards and assessments may be offset as provided in the Street Opening Act of 1903.
(i) Referees. Reference to referees may be had as provided in the Street Opening Act of 1903.
(j) 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 city controller as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. Where the assessment or any installment is unpaid, the credit shall be applied upon such assessment or the earliest unpaid installment of principal and interest. When bonds have been, or are provided to be issued under Bond Plan D or E or G, 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. As to any such surpluses existing at the time of the effective date of Ordinance No. 2204 (September 24, 1964), such transfers may be ordered by the council after hearing following notice by publication and posting of intention to do so.
(Ord. 2277 (part), 1966: prior code § 40.404)
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