A. 
Before the city council adopts any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both (herein referred to as "improvement"), where the cost thereof is to be paid in whole or in part by special assessments or special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the city council as provided herein that the public convenience and necessity require the same.
B. 
If such a procedure is not followed and if such finding and determination is not made thereto, the requirements, limitations and procedures otherwise prescribed by Division 4 (Section 2800 et seq.) of the Streets and Highways Code of the State of California, and Article XVI, Section 19 of the State Constitution shall be complied with before any such resolution or ordinance may be adopted.
C. 
The city council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to maps or plats for the description of the improvement and all particulars relative thereto which maps or plats shall be on file with the city clerk or the department of public works and open to inspection.
(Ord. 437 §§ 2, 3, 1982)
The hearing, as required, may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed. Whether the hearing is held separate, or combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed, notice shall be given by posting and publication in the manner prescribed by the improvement act involved, and if the hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the improvement act under which the improvement proceeding is proposed. Such additional notice by mailing or posting the streets may be given, as determined by resolution of the city council.
(Ord. 437 § 4, 1982)
A. 
The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvements, the city council shall consider and pass upon all protests filed and all matters presented, and its decision thereon shall be final and conclusive.
B. 
If by such decision the city council finds and determines by no less than a four-fifths vote of all members thereof that the public convenience and necessity require such improvement, the city council may thereafter, in accordance with the improvement act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the city council as authorized by the improvement act for the project.
C. 
After such finding and determination by the city council, the provisions of law for debt limitation and majority protest as mentioned in Article XVI, Section 19 of the State Constitution, and specifically the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," shall not apply.
(Ord. 437 § 5, 1982)