This chapter shall be cited and referred to as the "Stockton Improvement Procedure Code," and shall be referred to in this chapter as this code.
(Prior code § 9-101)
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 § 9-102)
This code shall not apply to any proceedings in which the resolution of intention was adopted prior to the effective date of the ordinance codified in this chapter, excepting the supplemental assessment, reassessment, re-funding and curative provisions of this code.
(Prior code § 9-103)
The procedures provided in the several articles or bond plans or collection plans of this code are alternative.
(Prior code § 9-104)
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 § 9-105)
The words "general law" or the word "act" means an enactment of the Legislature of the State of California. Unless herein otherwise provided, the law shall be as now or hereafter amended or codified.
(Prior code § 9-106)
The provisions of this code shall be controlling over the provisions of any general law or act in conflict with this code in any proceeding taken pursuant to this code.
(Prior code § 9-107)
This code is adopted pursuant to Section 24 of Article III 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 § 9-108)
In the event that any proceeding had pursuant hereto shall be adjudged a State affair, it is hereby declared to be the intention that the proceedings were had pursuant to the general law or laws cited in the divisions or articles of this code specified in the resolution of intention therein.
(Prior code § 9-109)
One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding.
(Prior code § 9-110)
Chapters 1, 2, 3 and 4 are supplemental to and controlling over the provisions of each other part of this code in conflict therewith.
(Prior code § 9-111)
A. 
The words "acquisition" and "improvement," when used, referring to that which is done, which is to be done, or which may be done under proceedings had under this code, shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein. Acquisition may be by gift, purchase, lease or eminent domain, and may be before, while or after it comes into being.
"Block,"
whether it be 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.
"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.
"Lot, land, piece, or parcel of land,"
whether used singly or in combination, means and includes property owned or controlled by any person.
"Owner"
means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office of the County in which the property is situated, or the person in possession of the property or building under claim of ownership, or exercising acts of ownership over the same for himself or herself, or as life tenant, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying the property shall be deemed to be the possession of the owner.
"Paved or repaved"
means includes pavement of any commonly used paving material.
"Place"
means and includes any public street, alley, easement, right-of-way or other public 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.
"Project or improvement,"
when used in the generic sense, means the acquisition and/or improvement undertaken in a singular proceeding.
"Public improvement"
means and includes all those kinds of work as set out in Division 7, Part 3, Chapter 1 (Section 5101) of the Streets and Highways Code, Division 12, Chapter 2 of the Streets and Highways Code (Section 10100), the acquiring, improving, establishing, equipping, repairing or maintaining or operating of any of the facilities, works or improvements enumerated in Sections 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20 and 21 of Article III, and Sections 17, 20, 29, 46, 47, 49 and 54 of Article V of the Stockton 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 therein.
"Quarter block,"
when used with reference to an irregular block means and includes all lots or portions of lots having any frontage on either intersecting street halfway from the 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.
"Street"
means and includes avenues, highways, lanes, alleys, crossings or intersections and courts which have been dedicated or offered for dedication and accepted according to law or which have been in common and undisputed use by the public for a period of not less than five years next preceding, or which have been dedicated to a semipublic use.
"Work or improvement,"
whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this code, as well as the construction, reconstruction and repair of all or part of any of the work or improvement.
B. 
Interpretation. Notwithstanding the enumeration of specific improvements falling within the definition of public improvement, the City Council may determine that any work or improvement which may be acquired or constructed, repaired operated or maintained in the name of the City as a local improvement is a public improvement as used in this code and may proceed to apply the procedures of this code as though such improvement were specifically enumerated in one of the references heretofore mentioned.
(Prior code §§ 9-112, 9-114—9-125)
Titles to sections are a part of the same section. "Id" when used in a title, means that the subject matter of the section is a part of the subject matter of the last preceding section in the title of which the word Id does not appear and the subject matter of all intervening sections.
(Prior code § 9-113)
A. 
Acquisition. The term "incidental expenses," when referring to an acquisition, means and includes:
1. 
The costs of maps, plats, surveys and the compensation of the engineer and all engineering costs relating to the acquisition.
2. 
The costs of title searches, certificates of title, title insurance and other costs relating to title.
3. 
The compensation of appraisers and all appraisal costs.
4. 
The compensation of rights-of-way agents and all costs relating thereto.
5. 
The compensation of attorneys and all costs relating to the acquisition.
6. 
The compensation of referees and all costs relating thereto.
7. 
All clerical, stenographic and printing costs incidental to the acquisition.
8. 
All charges and expenses of any City officials relating to the acquisition.
9. 
All costs and expenses awarded to the defendants in eminent domain proceedings or otherwise paid to them or their attorneys in settlement.
B. 
Improvement. The term "incidental expenses," when referring to an improvement, means and includes:
1. 
The compensation of the engineers, including all costs of preliminary and final surveys, estimates of cost, reports, plans, profiles, cross-sections and specifications.
2. 
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.
3. 
The costs of analyses and testing.
4. 
The compensation of the attorneys and all costs relating to the improvements.
5. 
All clerical, stenographic and printing costs incidental to the improvements.
C. 
Proceedings. The term "incidental expenses," when referring to the assessment and assessment bond proceedings for an acquisition and/or improvement, means and includes:
1. 
The costs of preparing the proceedings, including all clerical, stenographic and printing costs.
2. 
The compensation of the engineers.
3. 
The compensation of the attorneys.
4. 
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.
5. 
The costs of preparing the diagram of the assessment district and the assessment.
6. 
The costs of issuing and marketing the bonds.
7. 
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.
8. 
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.
9. 
Any other expense incurred by authority of this code or incidental to the completion of the project in the manner herein specified.
(Prior code §§ 9-126—9-128)
A. 
Resolution of Intention. The resolution of intention shall specify the parts of Articles V through XX of this code pursuant to which the proceedings therein are taken.
B. 
Reference to Resolution of Intention. 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 for a description of the project.
(Prior code §§ 9-129—9-130)
A. 
Notices When Expressly Provided. No notice or 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.
B. 
Failure to Designate Officer. 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.
C. 
Publication. 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, the hearing shall be had not less than 10 days after the first publication unless a shorter time is provided by general law.
D. 
Posting and Mailing. 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 10 days prior to any hearing provided therein unless a shorter time is provided by general law.
E. 
Where Posted. All documents provided to be posted, other than a notice of improvement, shall be posted on or near the Council Chamber door or on any bulletin board in or adjacent to the City Hall.
F. 
Mailing. When any notice, resolution or other document is mailed, it shall be mailed to the property owners according to their names and addresses as appearing on the last equalized roll on which City taxes are collected, or as filed with or known to the Clerk, and as provided in Section 58905 of the Government Code.
G. 
Notice of Improvement. 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.
H. 
Certificates. The certificate of the Clerk or officer giving or procuring notice by posting or mailing shall be conclusive proof of the giving of such notice, and no affidavit shall be required.
(Prior code §§ 9-131—9-138)
A. 
May Omit Public Property. 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 feebleminded 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 cost 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.
B. 
Cost on Remaining Property. If any lots or parcels of land are 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 the omitted lots or parcels of land.
C. 
Payment. If the Council, in the resolution of intention, declares that any lot or parcel of land so owned and used shall be included in the assessment, then the City shall be liable for the sums as may thereafter be so assessed excepting for the portions as it shall by agreement collect from the entity owning same, subject to the provisions of subsection D of this section.
D. 
Assessing Public Property. The provisions of Section 5302.5 of the Streets and Highways Code shall apply.
E. 
Utility Property. Property owned or used by any privately owned public utility shall be assessed in the same manner as other property in the district.
(Prior code §§ 9-139—9-143)
A. 
Contributions. Contributions or partial payments from the United States, or the State, or any agency of 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 may also be applied in reduction of the amount assessed or to be assessed therefor.
B. 
Purchase of Assessment, Warrant and Bonds. In any proceeding had under this code, the City may declare in the resolution of intention that it intends to purchase the assessment, warrant or bonds to be issued therein.
C. 
Id—Payment. The City shall, upon the issuance of the assessment, warrant or bonds, as the case may be, pay to the contractor, under Article VI, or into court, under Article VII, or into the construction fund, under Article VIII, of this code, the principal amount thereof.
D. 
Id—Bonds. The bonds, when issued shall be made payable to bearer.
E. 
Id—City. In that case, the City shall succeed to all rights under the assessment, warrant and bonds.
F. 
Id—Subsequent Purchase. The City shall have like power subsequently to acquire and own any bonds or assessments or warrant issued or levied or made hereunder, or now issued and outstanding for any improvement and/or acquisition of the City.
G. 
Purchase and Sale of Delinquent Property. 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 in any suit brought to foreclose the assessment and shall in like manner become the owner thereof, and the right of redemption shall in like manner terminate.
H. 
Id—Sale. Whenever any property shall have been acquired by the City at any sale, then the property, or any lien thereon or interest therein created by the assessment, may be released, assigned, sold or otherwise disposed of by the City as it shall determine: provided, however, that no release, assignment, sale or other disposition of any lien or interest or of the property shall be made unless there shall be first paid to the City a sum of money equal to, and not less than the amount paid therefor by the City, together with all accrued penalties, costs, interest, and necessary expenses incurred; provided further, that if any lien or interest, or property cannot be, as determined by the Council, sold for the amounts or charges computed as provided in this code, then the Council may sell any lien or interest or property for the best price obtainable according to its judgment.
(Prior code §§ 9-144—9-151)
A. 
Force Account. The Council may, by resolution adopted by a majority vote of all its members, determine and declare that in its opinion 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 stated in this article, without further observance of the provisions hereof with reference to the award of contract, or execution of contract or bonds.
B. 
City Manager. In that case, the City shall have the same rights as a contractor, and the work and improvements shall be directed by the City Manager.
C. 
City Rights. When the work is pursuant to Article VI of this chapter, the City shall become the owner of the assessment made to pay the cost thereof, and of all bonds issued to represent the assessments, with like power of enforcement as if held by a contractor. No warrant need be issued in that case.
D. 
Id—Payment. The Director of Finance, 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 the act under which the proceedings shall have been taken for, and in the place of, the contractor, and his or her 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.
E. 
Id—Bonds. The bonds, when issued, shall be made payable to bearer.
(Prior code §§ 9-152—9-156)
A. 
Revolving Fund. In the exercise of any of the powers now or hereafter provided for in this code, including the right to take immediate possession in eminent domain proceedings, the City Council may create, use and reimburse a revolving fund or funds.
B. 
Power. The provisions of Article 2, Chapter 3, Division 4, Title 4 (commencing with Section 43420) of the Government Code shall apply.
(Prior code §§ 9-157—9-158)
A. 
Assessment. Parcels may be described as contained on the assessment role on which City taxes are collected, or with reference to recorded maps or deeds or assessor's maps, or by other means sufficient for identification.
B. 
Diagram. The diagram may describe the property in reference to or be copies of official maps or assessors 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.
(Prior code §§ 9-159—9-160)