Proceedings for the acquisition or construction, or both, or the maintenance and operation of any public improvement or property of a local nature or the acquisition of lands or easements, or buildings or improvements or property, or any or more than one thereof, therefor, may be had pursuant to this code whether or not provided in any general law.
(Prior code § 12-1.102; Ord. 1509-69 § 1, 1969)
This code shall not apply to any proceedings in which the resolution of intention was adopted prior to May 20, 1969, excepting the supplemental assessment, reassessment, refunding and curative provisions of this code.
(Prior code § 12-1.103; Ord. 1509-69 § 1, 1969)
This code is not exclusive. But the resolution of intention in any proceedings under an act or general law may provide that the act or general law is supplemented by any part or parts of this code.
(Prior code § 12-1.105; Ord. 1509-69 § 1, 1969)
This code is adopted pursuant to the municipal affairs provisions of the Charter of the city. In proceedings had pursuant to this code which are a municipal affair the general laws referred to in this code are deemed a part of this code.
(Prior code § 12-1.107; Ord. 1509-69 § 1, 1969)
In the event that any proceeding had pursuant hereto shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to the general law or laws cited in the chapters of this code specified in the resolution of intention therein.
(Prior code § 12-1.108; Ord. 1509-69 § 1, 1969)
"Acquire" or "acquisition" means to obtain by gift, purchase, lease or eminent domain, of property, real, personal or mixed, or interest or right of disposal therein, and may be before, while or after it comes into being, in relation to adoption of the resolution of intention.
(Prior code § 12-1.201; Ord. 1509-69 § 1, 1969)
"Block," whether it is a regular or irregular block, means a parcel larger than a lot which is bounded by a street or a boundary line of some other parcel which is not a part of it.
(Prior code § 12-1.202; Ord. 1509-69 § 1, 1969)
"Contractor" means the person, firm, partnership, association, corporation, organization or business trust, and includes contracting owners or their agents, to whom a contract for the performance of any work authorized is awarded.
(Prior code § 12-1.203; Ord. 1509-69 § 1, 1969)
The words "general law" or "act" or "law," or the reference to any act or law by its title, or to any part of any state code or statute, shall mean an enactment of the Legislature of the state of California. Unless herein otherwise provided, said law shall be as now or hereafter amended or codified at the time of adopting the resolution of intention in the proceedings.
(Prior code § 12-1.204; Ord. 1509-69 § 1, 1969)
The words "improvement" or "improve" mean to construct, reconstruct, replace, install, extend, repair, better, equip, develop, embellish, or otherwise improve.
(Prior code § 12-1.205; Ord. 1509-69 § 1, 1969)
"Owner" or "owners" mean those, and only those, who, at the time of a stated event, appear to be such upon the county assessor's roll or, in case of transfer of land, or parts thereof, subsequent to the date as of which the assessor's roll was prepared, appear to be such on the records in the assessor's office, which he will use to prepare the next ensuing roll. A single signature of an owner or notice to one owner shall constitute the signature of the owner or notice to the owner, when title is held in common tenancy, joint tenancy, or in marriage or partnership.
(Prior code § 12-1.207; Ord. 1509-69 § 1, 1969)
"Parking place" means and 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 § 12-1.208; Ord. 1509-69 § 1, 1969)
"Place" includes any public street, alley, easement, right-of-way or other property which has been dedicated and accepted or is otherwise publicly owned according to law or which has been in common and undisputed use by the public for a period of not less than five years next preceding, or which is sought to be acquired in conjunction with any proceeding undertaken pursuant hereto, or any encroachment permit on any state highway or public utility property.
(Prior code § 12-1.210; Ord. 1509-69 § 1, 1969)
"Project" means the acquisition and/or improvement undertaken in a singular proceeding.
(Prior code § 12-1.211; Ord. 1509-69 § 1, 1969)
"Public improvement" means those set out in any general law or the city Charter, and all other improvements of a local nature whether or not of the same class or otherwise germane to any of those specified in any law.
(Prior code § 12-1.212; Ord. 1509-69 § 1, 1969)
"Quarter block," when used with reference to an irregular block, includes all lots or portions of lots having any frontage on either intersecting street half way from such intersection to the next street, or, if no street intervenes, to a boundary line of some other parcel which is not a part of that block.
(Prior code § 12-1.213; Ord. 1509-69 § 1, 1969)
"Work" means and includes any construction which is a part of a project.
(Prior code § 12-1.214; Ord. 1509-69 § 1, 1969)
The term "incidental expenses," when referring to an acquisition, means and includes:
(a) 
The costs of maps, plats, surveys and the compensation of the engineer and all engineering costs relating to the acquisition;
(b) 
The costs of title searches, certificates of title, title insurance and other costs relating to title;
(c) 
The compensation of appraisers and all appraisal costs;
(d) 
The compensation of rights-of-way agents and all costs relating thereto;
(e) 
The compensation of attorneys and all costs relating to the acquisition;
(f) 
The compensation of referees and all costs relating thereto;
(g) 
All clerical, stenographic and printing costs incidental to the acquisition;
(h) 
All charges and expenses of any city officials relating to the acquisition; and
(i) 
All costs and expenses awarded to the defendants in eminent domain proceedings or otherwise paid to them or their attorneys in settlement.
(Prior code § 12-1.301; Ord. 1509-69 § 1, 1969)
The term "incidental expenses," when referring to an improvement, means and includes:
(a) 
The compensation of the engineers, including all costs of preliminary and final surveys, estimates of cost, reports, plans, profiles, cross-sections and specifications;
(b) 
The costs of setting grade stakes and of inspecting, supervising and accepting the work, estimating and certifying progress and final payments for the costs thereof;
(c) 
The costs of analyses and testing;
(d) 
The compensation of the attorneys and all costs relating to the improvements; and
(e) 
All clerical, stenographic and printing costs incidental to the improvements.
(Prior code § 12-1.302; Ord. 1509-69 § 1, 1969)
The term "incidental expenses," when referring to the assessment and assessment bond proceedings for a project means and includes:
(a) 
The costs of preparing the proceedings, including all clerical, stenographic and printing costs;
(b) 
The compensation of the engineers;
(c) 
The compensation of the attorneys;
(d) 
The compensation of the city for the services of any city officials in the proceedings or in the levy and collection of the assessments and the issuance and payment of the bonds;
(e) 
The costs of preparing the diagram of the assessment district and the assessment;
(f) 
The costs of issuing and marketing the bonds;
(g) 
Interest at standard rates on moneys of the city advanced to the project prior to the time that moneys are available for repayment from the assessment and bonds;
(h) 
All fees, costs and compensation expended or incurred by the city in the defense of any action questioning the validity of any act or thing done or performed under this code; and
(i) 
Any other expense incurred by authority of this code or incidental to the completion of the project in the manner herein specified.
(Prior code 12-1.303; Ord. 1509-69 § 1, 1969)
In all resolutions, notices, orders and determinations, subsequent to the resolution of intention and the notice of improvement, it shall be sufficient to refer to the resolution of intention by number or project designation for a description of the work or improvement.
(Prior code § 12-1.402; Ord. 1509-69 § 1, 1969)
No notice, nor any publication of any notice, order, resolution or other matter, other than that expressly provided for in this code, shall be necessary to give validity to any of the proceedings provided for herein.
(Prior code § 12-1.501; Ord. 1509-69 § 1, 1969)
Whenever any notice, resolution, order, or other matter is required to be published or posted or mailed, and the duty of doing or procuring the same is not specifically enjoined upon any officer or person, the clerk shall perform or procure the performing of the notice.
(Prior code § 12-1.502; Ord. 1509-69 § 1, 1969)
Notices, resolutions or other documents required to be published shall be published twice in a newspaper of general circulation in the city. If any hearing is therein noticed, said hearing shall be had not less than ten days after the first publication unless a shorter time is provided by general law.
(Prior code § 12-1.503; Ord. 1509-69 § 1, 1969)
It shall not be necessary to post or mail any notice, resolution or other document or make or file any affidavit in regard thereto, unless posting or mailing is necessary to provide jurisdiction. In that event, the posting or mailing shall be at least ten days prior to any hearing provided therein unless a shorter time is provided by general law.
(Prior code § 12-1.504; Ord. 1509-69 § 1, 1969)
Notices of improvement shall be entitled "Notice of Improvement" in letters at least one-half inch in height. The council may provide in the resolution of intention or other document fixing hearing whether and where such notices shall be posted.
(Prior code § 12-1.505; Ord. 1509-69 § 1, 1969)
When any notice, resolution or other document is required to be mailed, it shall be mailed, postage prepaid, to the property owners involved, as follows:
(a) 
To all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for city taxes, including the utility roll, at said addresses;
(b) 
In cases of transfers of land, or parts thereof, subsequent to the date on which the last assessor's roll was prepared, to such transferee, at his name and address, as the same appear on the records in the assessor's office which the assessor will use to prepare the next ensuing assessor's roll;
(c) 
To each person, including the owner or person having an interest in property assessed by the state under Section 14 of Article XIII of the California Constitution, who have filed with the county assessor for the current fiscal year a statement of his name, address and a description of the property owned by him, requesting that a notice of all proposals affecting such property shall be mailed to him (Gov. Code 58905), at said address;
(d) 
To such person at his address or as otherwise known to the clerk;
(e) 
In the case of doubt as to the name and address of any owner, the clerk shall cause the notice to be conspicuously posted on the property of such person in the assessment district, at or near the entrance thereto, so that it will be visible to persons on entering, leaving or passing the property.
(Prior code § 12-1.506; Ord. 1509-69 § 1, 1969)
The certificate of the clerk or officer giving notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.
(Prior code § 12-1.507; Ord. 1509-69 § 1, 1969)
If any lot or parcel of land belonging to the United States, or to the state, or to any county, city, public agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, is in use in the performance of any public function, and fronts upon the proposed work, or is included within the district to be assessed to pay the costs and expenses thereof, the city council may, in the resolution of intention, declare that the lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be made to cover the costs and expenses of the work.
(Prior code § 12-1.601; Ord. 1509-69 § 1, 1969)
If any lot or parcel is omitted from the assessment, the total expense of all work done shall be assessed on the remaining lots or parcels of land fronting on the work, or lying within the limits of the assessment district, without regard to such omitted lots or parcels of land.
(Prior code § 12-1.602; Ord. 1509-69 § 1, 1969)
If the council, in the resolution of intention, declares that any lot or parcel so owned and used shall be included in the assessment, or if the resolution of intention is silent as to such properties, then the city shall be liable for such sums as may thereafter be so assessed excepting for such portions as it shall by agreement collect from the entity owning same; provided, however, that when such property is subject to assessment as provided in Section 5302.5 of the Streets and Highways Code, the provisions thereof shall apply.
(Prior code § 12-1.603; Ord. 1509-69 § 1, 1969)
Contributions or partial payments from the United States or the State or any agency or either, or from the county, or any other local agency, may be accepted and the same or any available city moneys applied to any part of the costs of a project at any time during or after the proceedings and applied in reduction of the amount assessed or to be assessed therefor.
(Prior code § 12-2.701; Ord. 1509-69 § 1, 1969)
The city may advance city funds for a project, either by transfer to the improvement fund created by resolution therefor, or independent thereof, and recover the same, together with interest at not more than six percent per year for the period of the advance, from the improvement fund of the project.
(Prior code § 12-1.702; Ord. 1509-69 § 1, 1969)
The city shall, upon the issuance of the assessment, warrant or bonds, as the case may be, pay to the contractor, who shall have been awarded the contract to do the work in such proceedings, in case of public improvements, or into court, in case of acquisition proceedings, the principal amount thereof.
(Prior code § 12-1.704; Ord. 1509-69 § 1, 1969)
The city may bid and purchase any real or personal property offered for sale for the nonpayment of any improvement assessment levied and assessed under any of the provisions of this chapter, or of any installment thereof, or penalties or costs or interest thereon, or any suit brought to foreclose such assessment.
(Prior code 12-1.708; Ord. 1509-69 § 1, 1969)
Whenever any lot or parcel shall have been acquired by the city at any such sale, then such property, or any lien thereon or interest therein created by such assessment, may be released, assigned, sold or otherwise disposed of by city as it shall determine; provided, however, that no such release, assignment, sale or other disposition of any such lien or interest, or of any such property, shall be made unless there shall be first paid to city a sum of money equal to, and not less than the amount paid therefor by city, together with all accrued penalties, costs, interest, and necessary expenses incurred; provided, further, that if any lien or interest, or property, cannot, as determined by council, be sold for the amounts or charges computed as herein provided, then the council may by four-fifths vote, of all its members, sell any such lien or interest or property for the best price obtainable according to its judgment.
(Prior code § 12-1.709; Ord. 1509-69 § 1, 1969)
The council may, by resolution adopted by a four-fifths vote of all its members, determine and declare that in its opinion all or any of the work in question may be more economically and satisfactorily performed by day labor, and/or the materials and supplies purchased at a lower price in the open market, and to order that the same be done by force account, in the manner herein stated, without further observance of the provisions hereof with reference to the award of contract, or execution of contract or bonds.
(Prior code § 12-1.801; Ord. 1509-69 § 1, 1969)
When such work shall have been completed, the city shall become the owner of the assessment made to pay the cost thereof, and of all bonds issued thereon, with like power of enforcement as if held by a contractor. No warrant need be issued in such case.
(Prior code § 12-1.803; Ord. 1509-69 § 1, 1969)
The superintendent of streets or other city officer designated by the council is authorized, after the assessment and diagram shall have been recorded, to collect and receive payment of the several amounts due thereon in the manner provided in such act under which the proceedings shall have been taken for, and in the place of, such contractor, and his statement of payments received, when filed, shall constitute and be in lieu of, the contractor's return of the warrant and statement of payments received.
(Prior code § 12-1.804; Ord. 1509-69 § 1, 1969)
In the exercise of any of the powers now or hereafter provided for in this chapter, including the right to take immediate possession in eminent domain proceedings, the city council may create, use and reimburse a revolving fund or funds.
(Prior code 12-1.901; Ord. 1509-69 § 1, 1969)
The revolving fund may be established, operated, reimbursed, reduced or dissolved, in which event Article 2, Chapter 3, Division 4, Title 4 (commencing with Section 43420) of the Government Code shall apply.
(Prior code § 12-1.902; Ord. 1509-69 § 1, 1969)
Parcels may be described as contained on the county assessment roll or with reference to county assessor's maps, or to recorded maps or deeds or by other means sufficient for identification.
(Prior code § 12-1.1001; Ord. 1509-69 § 1, 1969)
The diagram may describe the property in reference to or be copies of official maps or assessor's maps, or be otherwise sufficient to identify the several parcels thereon. It shall not be necessary to show thereon their relationship to the acquisitions or improvements, or for the parcels to have assessment parcel numbers other than the official parcel designations used.
(Prior code § 12-1.1002; Ord. 1509-69 § 1, 1969)
The council may provide in the resolution of intention, or in the resolution setting hearing on the assessment, that no diagram shall be required. In such event, the notice of assessment, when recorded, shall refer to the copy of the map of proposed assessment district and any modification thereof recorded in the office of the county recorder.
(Prior code § 12-1.1003; Ord. 1509-69 § 1, 1969)