State Codes and Statutes

Statutes > California > Hsc > 4605-4613

HEALTH AND SAFETY CODE
SECTION 4605-4613



4605.  The governing body of any city may create an improvement
district within the city pursuant to this chapter whenever in its
judgment the district is necessary or convenient for any improvement
authorized by this chapter.


4606.  A district may be formed to make any improvement and to
provide for the incurring of indebtedness to pay for the costs and
expenses of such improvement.



4607.  Whenever the governing body of a city determines that the
public interest or convenience requires the making of any improvement
in any part of the territory of the city, it may pass a resolution
to that effect. The resolution shall be passed by a vote of at least
two-thirds of the members of the governing body. It shall describe
the improvement in general terms. For the purpose of such
description, reference may be made to maps, plats, plans, or other
documents on file in the office of the clerk of the city. Any
improvements may be combined into a single project, the indebtedness
for which is to be submitted to the electors as a single proposition.
   The resolution shall also contain the total dollar amount of a
general estimate of the costs and expenses of the proposed
improvement. In arriving at such estimate, the governing body may
include the estimated amounts of any or all of the items which are
set forth in Section 4625. The resolution need not, however, itemize
or separately state any of the items included in the costs and
expenses.



4609.  The resolution shall do all of the following:
   (a) Describe the boundaries of the proposed district. The district
may consist of two or more noncontiguous parcels.
   (b) Designate the district by a distinctive name and number.
   (c) Declare the district to be the district benefited by the
proposed improvement.
   (d) Name a time and place for the hearing of objections by any
person interested in the formation of the district, in the inclusion
within the district of any land within the boundaries described in
the resolution or in the making of the proposed improvement.



4610.  The resolution, together with the names of the members of the
governing body voting for and against it shall be published once a
week for at least two successive weeks in a newspaper of general
circulation printed and published in the city. The first publication
shall not be more than 60 nor less than 30 days prior to the date
fixed for the hearing. If there is no newspaper of general
circulation printed and published in the city, the resolution shall
be so published in a newspaper of general circulation printed and
published in the county in which the city is located.



4610.5.  Copies of the resolution shall also be posted in three
public places within the proposed district not earlier than the 60th
day or later than the 30th day prior to the hearing. Not earlier than
60 nor later than 30 days prior to the hearing, a copy of the
resolution shall also be mailed, postage prepaid, to each person to
whom land in the proposed district is assessed as such owner is shown
on the last equalized county assessment roll, at his address as
shown upon the roll, and to each person who has any interest in any
land within the proposed district whose name and address and a
designation of the land in which he is interested is on file in the
office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.



4611.  On the day fixed for the hearing, or any day to which the
hearing is continued, the governing body shall hear and consider all
written and oral objections presented to the formation of the
district, the inclusion of any lands in the district, or the making
of the improvement which is proposed.
   At the hearing, the governing body may make changes in the
improvement but the estimated costs and expenses of the improvement
as changed, as determined by the governing body at the time of the
change, shall not exceed by more than 10 percent the amount
determined under Section 4607.
   At the hearing, the governing body may exclude from the district
any territory that in its opinion would not be benefited by the
improvement as finally determined. The governing body shall not,
however, modify the boundaries of the proposed district so as to
exclude from it any land which would in the judgment of the governing
body be benefited by the improvement as finally determined nor shall
the governing body include in the proposed district any lands which
will not in its judgment be so benefited.



4611.5.  At the hearing, the governing body may add territory to the
district if the owners of all of the land in the territory which is
proposed to be added to the district have requested such addition in
writing, or the governing body has first adopted a resolution of
intention to do so. The resolution shall describe the boundaries of
the territory which is proposed to be added to the district and shall
state the time and place to which the hearing will be continued for
the purpose of hearing objections to the proposed addition. Not later
than 20 days before the time of such continued hearing, a copy of
such resolution shall be mailed, postage prepaid, to each person to
whom land in the territory which is proposed to be added to the
district is assessed, as such owner is shown on the last equalized
county assessment roll, at his address as shown upon the roll. A copy
of such resolution shall also be mailed to each person who has any
interest in any land within such territory whose name and address and
a designation of the land in which he is interested is on file in
the office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.
   At the continued hearing, the governing body shall hear all
objections to the proposed addition and may then take action adding
to the district all or part of the territory which is described in
the resolution of intention.


4612.  After making all necessary and proper changes in the
boundaries, or in the improvement, the governing body may, by a
resolution which is passed by a vote of two-thirds of all of its
members, establish the district, fix and determine its boundaries,
and generally describe the improvement as finally determined. This
resolution, together with the names of the members of the governing
body voting for and against it shall be spread upon the minutes of
the governing body.


4613.  A certified copy of the resolution which establishes the
district shall be recorded in the office of the county recorder.
Certified copies of such resolution, together with a map or plat
which shows such boundaries, shall also be filed with the county
assessor, the county clerk, and the State Board of Equalization. Upon
such recordation in the office of the county recorder, the district
is organized. No action or proceeding which contests the validity of
the district or its organization shall be had or taken in any court,
state or federal, unless it is commenced within 60 days from the date
of the recordation of the resolution establishing the district in
the office of the county recorder.

State Codes and Statutes

Statutes > California > Hsc > 4605-4613

HEALTH AND SAFETY CODE
SECTION 4605-4613



4605.  The governing body of any city may create an improvement
district within the city pursuant to this chapter whenever in its
judgment the district is necessary or convenient for any improvement
authorized by this chapter.


4606.  A district may be formed to make any improvement and to
provide for the incurring of indebtedness to pay for the costs and
expenses of such improvement.



4607.  Whenever the governing body of a city determines that the
public interest or convenience requires the making of any improvement
in any part of the territory of the city, it may pass a resolution
to that effect. The resolution shall be passed by a vote of at least
two-thirds of the members of the governing body. It shall describe
the improvement in general terms. For the purpose of such
description, reference may be made to maps, plats, plans, or other
documents on file in the office of the clerk of the city. Any
improvements may be combined into a single project, the indebtedness
for which is to be submitted to the electors as a single proposition.
   The resolution shall also contain the total dollar amount of a
general estimate of the costs and expenses of the proposed
improvement. In arriving at such estimate, the governing body may
include the estimated amounts of any or all of the items which are
set forth in Section 4625. The resolution need not, however, itemize
or separately state any of the items included in the costs and
expenses.



4609.  The resolution shall do all of the following:
   (a) Describe the boundaries of the proposed district. The district
may consist of two or more noncontiguous parcels.
   (b) Designate the district by a distinctive name and number.
   (c) Declare the district to be the district benefited by the
proposed improvement.
   (d) Name a time and place for the hearing of objections by any
person interested in the formation of the district, in the inclusion
within the district of any land within the boundaries described in
the resolution or in the making of the proposed improvement.



4610.  The resolution, together with the names of the members of the
governing body voting for and against it shall be published once a
week for at least two successive weeks in a newspaper of general
circulation printed and published in the city. The first publication
shall not be more than 60 nor less than 30 days prior to the date
fixed for the hearing. If there is no newspaper of general
circulation printed and published in the city, the resolution shall
be so published in a newspaper of general circulation printed and
published in the county in which the city is located.



4610.5.  Copies of the resolution shall also be posted in three
public places within the proposed district not earlier than the 60th
day or later than the 30th day prior to the hearing. Not earlier than
60 nor later than 30 days prior to the hearing, a copy of the
resolution shall also be mailed, postage prepaid, to each person to
whom land in the proposed district is assessed as such owner is shown
on the last equalized county assessment roll, at his address as
shown upon the roll, and to each person who has any interest in any
land within the proposed district whose name and address and a
designation of the land in which he is interested is on file in the
office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.



4611.  On the day fixed for the hearing, or any day to which the
hearing is continued, the governing body shall hear and consider all
written and oral objections presented to the formation of the
district, the inclusion of any lands in the district, or the making
of the improvement which is proposed.
   At the hearing, the governing body may make changes in the
improvement but the estimated costs and expenses of the improvement
as changed, as determined by the governing body at the time of the
change, shall not exceed by more than 10 percent the amount
determined under Section 4607.
   At the hearing, the governing body may exclude from the district
any territory that in its opinion would not be benefited by the
improvement as finally determined. The governing body shall not,
however, modify the boundaries of the proposed district so as to
exclude from it any land which would in the judgment of the governing
body be benefited by the improvement as finally determined nor shall
the governing body include in the proposed district any lands which
will not in its judgment be so benefited.



4611.5.  At the hearing, the governing body may add territory to the
district if the owners of all of the land in the territory which is
proposed to be added to the district have requested such addition in
writing, or the governing body has first adopted a resolution of
intention to do so. The resolution shall describe the boundaries of
the territory which is proposed to be added to the district and shall
state the time and place to which the hearing will be continued for
the purpose of hearing objections to the proposed addition. Not later
than 20 days before the time of such continued hearing, a copy of
such resolution shall be mailed, postage prepaid, to each person to
whom land in the territory which is proposed to be added to the
district is assessed, as such owner is shown on the last equalized
county assessment roll, at his address as shown upon the roll. A copy
of such resolution shall also be mailed to each person who has any
interest in any land within such territory whose name and address and
a designation of the land in which he is interested is on file in
the office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.
   At the continued hearing, the governing body shall hear all
objections to the proposed addition and may then take action adding
to the district all or part of the territory which is described in
the resolution of intention.


4612.  After making all necessary and proper changes in the
boundaries, or in the improvement, the governing body may, by a
resolution which is passed by a vote of two-thirds of all of its
members, establish the district, fix and determine its boundaries,
and generally describe the improvement as finally determined. This
resolution, together with the names of the members of the governing
body voting for and against it shall be spread upon the minutes of
the governing body.


4613.  A certified copy of the resolution which establishes the
district shall be recorded in the office of the county recorder.
Certified copies of such resolution, together with a map or plat
which shows such boundaries, shall also be filed with the county
assessor, the county clerk, and the State Board of Equalization. Upon
such recordation in the office of the county recorder, the district
is organized. No action or proceeding which contests the validity of
the district or its organization shall be had or taken in any court,
state or federal, unless it is commenced within 60 days from the date
of the recordation of the resolution establishing the district in
the office of the county recorder.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 4605-4613

HEALTH AND SAFETY CODE
SECTION 4605-4613



4605.  The governing body of any city may create an improvement
district within the city pursuant to this chapter whenever in its
judgment the district is necessary or convenient for any improvement
authorized by this chapter.


4606.  A district may be formed to make any improvement and to
provide for the incurring of indebtedness to pay for the costs and
expenses of such improvement.



4607.  Whenever the governing body of a city determines that the
public interest or convenience requires the making of any improvement
in any part of the territory of the city, it may pass a resolution
to that effect. The resolution shall be passed by a vote of at least
two-thirds of the members of the governing body. It shall describe
the improvement in general terms. For the purpose of such
description, reference may be made to maps, plats, plans, or other
documents on file in the office of the clerk of the city. Any
improvements may be combined into a single project, the indebtedness
for which is to be submitted to the electors as a single proposition.
   The resolution shall also contain the total dollar amount of a
general estimate of the costs and expenses of the proposed
improvement. In arriving at such estimate, the governing body may
include the estimated amounts of any or all of the items which are
set forth in Section 4625. The resolution need not, however, itemize
or separately state any of the items included in the costs and
expenses.



4609.  The resolution shall do all of the following:
   (a) Describe the boundaries of the proposed district. The district
may consist of two or more noncontiguous parcels.
   (b) Designate the district by a distinctive name and number.
   (c) Declare the district to be the district benefited by the
proposed improvement.
   (d) Name a time and place for the hearing of objections by any
person interested in the formation of the district, in the inclusion
within the district of any land within the boundaries described in
the resolution or in the making of the proposed improvement.



4610.  The resolution, together with the names of the members of the
governing body voting for and against it shall be published once a
week for at least two successive weeks in a newspaper of general
circulation printed and published in the city. The first publication
shall not be more than 60 nor less than 30 days prior to the date
fixed for the hearing. If there is no newspaper of general
circulation printed and published in the city, the resolution shall
be so published in a newspaper of general circulation printed and
published in the county in which the city is located.



4610.5.  Copies of the resolution shall also be posted in three
public places within the proposed district not earlier than the 60th
day or later than the 30th day prior to the hearing. Not earlier than
60 nor later than 30 days prior to the hearing, a copy of the
resolution shall also be mailed, postage prepaid, to each person to
whom land in the proposed district is assessed as such owner is shown
on the last equalized county assessment roll, at his address as
shown upon the roll, and to each person who has any interest in any
land within the proposed district whose name and address and a
designation of the land in which he is interested is on file in the
office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.



4611.  On the day fixed for the hearing, or any day to which the
hearing is continued, the governing body shall hear and consider all
written and oral objections presented to the formation of the
district, the inclusion of any lands in the district, or the making
of the improvement which is proposed.
   At the hearing, the governing body may make changes in the
improvement but the estimated costs and expenses of the improvement
as changed, as determined by the governing body at the time of the
change, shall not exceed by more than 10 percent the amount
determined under Section 4607.
   At the hearing, the governing body may exclude from the district
any territory that in its opinion would not be benefited by the
improvement as finally determined. The governing body shall not,
however, modify the boundaries of the proposed district so as to
exclude from it any land which would in the judgment of the governing
body be benefited by the improvement as finally determined nor shall
the governing body include in the proposed district any lands which
will not in its judgment be so benefited.



4611.5.  At the hearing, the governing body may add territory to the
district if the owners of all of the land in the territory which is
proposed to be added to the district have requested such addition in
writing, or the governing body has first adopted a resolution of
intention to do so. The resolution shall describe the boundaries of
the territory which is proposed to be added to the district and shall
state the time and place to which the hearing will be continued for
the purpose of hearing objections to the proposed addition. Not later
than 20 days before the time of such continued hearing, a copy of
such resolution shall be mailed, postage prepaid, to each person to
whom land in the territory which is proposed to be added to the
district is assessed, as such owner is shown on the last equalized
county assessment roll, at his address as shown upon the roll. A copy
of such resolution shall also be mailed to each person who has any
interest in any land within such territory whose name and address and
a designation of the land in which he is interested is on file in
the office of the city clerk. Any error, omission, or mistake in such
mailing, or any failure of any person to receive such copy shall not
invalidate the proceedings pursuant to this chapter.
   At the continued hearing, the governing body shall hear all
objections to the proposed addition and may then take action adding
to the district all or part of the territory which is described in
the resolution of intention.


4612.  After making all necessary and proper changes in the
boundaries, or in the improvement, the governing body may, by a
resolution which is passed by a vote of two-thirds of all of its
members, establish the district, fix and determine its boundaries,
and generally describe the improvement as finally determined. This
resolution, together with the names of the members of the governing
body voting for and against it shall be spread upon the minutes of
the governing body.


4613.  A certified copy of the resolution which establishes the
district shall be recorded in the office of the county recorder.
Certified copies of such resolution, together with a map or plat
which shows such boundaries, shall also be filed with the county
assessor, the county clerk, and the State Board of Equalization. Upon
such recordation in the office of the county recorder, the district
is organized. No action or proceeding which contests the validity of
the district or its organization shall be had or taken in any court,
state or federal, unless it is commenced within 60 days from the date
of the recordation of the resolution establishing the district in
the office of the county recorder.