10100. Whenever the public interest or convenience requires, the
legislative body of any municipality may install in or along its
streets all or any of the following:
(a) Water mains, pipes, conduits, tunnels, hydrants, and other
necessary works and appliances for providing water service.
(b) Lines, conduits, and other necessary works and appliances for
providing electric power service.
(c) Mains, pipes, and other necessary works and appliances for
providing gas service.
(d) Poles, posts, wires, pipes, conduits, lamps, and other
necessary works and appliances for lighting purposes.
(e) Any works, utility, or appliances necessary or convenient for
providing any other public service.
10100.1. If the written consent of the owner of the property is
first obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
10100.2. (a) (1) Whenever the public interest or convenience
requires, the legislative body may use the powers of this division to
pay, or make funds available to enable the owners of lots or parcels
of real property within the district to pay, for either of the
following:
(A) Work deemed necessary to bring real property or buildings,
including privately owned real property or buildings, into compliance
with seismic safety standards or regulations. The legislative body
shall declare that public loans or funds provided to owners of
private buildings for seismic strengthening of unreinforced buildings
or other buildings, or real property, pursuant to this section
constitute a public purpose resulting in a public benefit. Only work
certified as necessary to comply with seismic safety standards or
regulations by local building officials may be financed. No project
involving the dismantling of an existing building and its replacement
by a new building or the construction of a new or substantially new
building may be financed pursuant to this section, except as
otherwise provided in subparagraph (B). Work on qualified historical
buildings or structures shall be done in accordance with the State
Historical Building Code (Part 2.7 (commencing with Section 18950) of
Division 13 of the Health and Safety Code). Any financing for
seismic strengthening of a residential structure containing units
rented by households specified in Section 50079.5 of the Health and
Safety Code before strengthening shall be subject to a regulatory
agreement that will ensure that the number of those units in the
structure will not be reduced and will remain available at affordable
rents pursuant to Section 50053 of the Health and Safety Code as
long as any assessments levied pursuant to this section on the parcel
on which the structure is located remain unpaid.
No lot, parcel, or building shall be included in the district
without the owner's consent.
(B) Within any area that has been designated by the Governor as a
disaster area or for which the Governor has proclaimed the existence
of a state of emergency because of earthquake damage, work deemed
necessary to repair any damage to real property directly or
indirectly caused by the occurrence of an earthquake cited in the
Governor's designation or proclamation, or by aftershocks associated
with that earthquake, including work to reconstruct, repair, shore
up, or replace any real property or building damaged or destroyed by
the earthquake or by its aftershocks. Work may be financed pursuant
to this subparagraph only on real property or buildings identified in
a resolution of intention to establish a district adopted within
seven years of the date that the Governor designates the area as a
disaster area or proclaims a state of emergency in the area.
(2) Any district created to finance seismic safety work on
privately owned buildings, including repair, reconstruction, or
replacement of privately owned buildings pursuant to this section,
shall consist only of lots or parcels on which the legislative body
finds that the buildings to be worked on, repaired, reconstructed, or
replaced pursuant to this section, are located or were located
before being damaged or destroyed by the earthquake that is the
subject of the Governor's designation or proclamation pursuant to
subparagraph (B) of paragraph (1), or by the aftershocks of that
earthquake.
(3) The Legislature hereby declares that the use of public funds
pursuant to this section for seismic strengthening, repair, or
reconstruction of privately owned real property or buildings
constitutes a public purpose resulting in a public benefit. The use
of funds pursuant to this section shall not be construed to be gifts
of public funds in violation of Section 6 of Article XVI of the
California Constitution.
(4) A loan or expenditure of funds made by a district pursuant to
this section and secured by a tax assessment or a lien, or both that
assessment and lien, on private property shall not, when combined
with existing liens on the property, exceed 80 percent of the current
appraised value of the property, as determined by an independent,
certified appraiser, unless existing lienholders consent in writing
to a higher loan-to-value ratio. Notice of the creation of a district
or the authorization for the loan or expenditure of funds for the
purposes set forth in this section shall be given to lienholders of
record on the property included in the district at least 30 days
prior to any vote of the governing body authorizing the creation of
the district or the loan or expenditure of funds that could create a
lien on the property.
(b) A district created to finance seismic safety or repair work
pursuant to this section may include areas of territory that are not
contiguous.
(c) At any time after the passage of the resolution provided for
in subdivision (a) of Section 10312, the legislative body may make
changes in or modify the improvements or reduce the assessment with
respect to a particular lot or parcel within an assessment district
created for the purposes of this section with the written consent of
the owner of that lot or parcel.
(d) Any changes made within an assessment district created for the
purposes of this section shall be made after notice and hearing, as
provided in this division, except that changes may be made under any
of the following circumstances:
(1) At the hearing on the report, changes that do any of the
following:
(A) Eliminate a portion of the assessment district without
increasing the amount of any assessment or substantially affecting
the distribution of benefits from the improvements.
(B) Exclude territory that will not be benefited by the remaining
improvements without increasing the amount of any assessment.
(C) Modify the improvements or the assessment with respect to a
particular lot or parcel within the assessment district with the
written consent of the owner and without increasing the assessments
on any other real property.
(2) At any time after the improvements are ordered and during the
pendency of the proceedings to establish the assessment district.
(3) At any time after the adoption of the resolution provided for
in subdivision (a) of Section 10312, to modify the improvements or
reduce the assessment with respect to a particular lot or parcel
within the assessment district with the written consent of the owner.
(e) An action to determine the validity of any assessments, bonds,
bond anticipation notes, contracts, or improvements for the purposes
of this section may be brought by the legislative body, or by any
person designated by the legislative body, pursuant to Chapter 9
(commencing with Section 860) of Title 10 of the Code of Civil
Procedure. For this purpose, an improvement shall be deemed to be in
existence upon its authorization and an assessment upon its
confirmation.
(f) It is the intent of the Legislature that the powers conferred
by this section shall be in addition and supplemental to, and not
exclusive of, the powers conferred by any other law.
10100.3. (a) Whenever the public interest or convenience requires,
the legislative body may use the powers of this division to pay for
work or to make loans deemed necessary to bring buildings, including
privately owned buildings, into compliance with fire safety standards
or regulations. The legislative body shall declare that public loans
or funds to owners of private buildings for fire safety improvements
pursuant to this section constitute a public purpose resulting in a
public benefit.
(b) Only work certified as necessary to comply with fire safety
standards or regulations by local building officials may be financed.
No project involving the dismantling of an existing building and its
replacement by a new building or the construction of a new or
substantially new building may be financed pursuant to this section.
Work on qualified historical buildings or structures shall be done in
accordance with the State Historical Building Code (Part 2.7
(commencing with Section 18950) of Division 13 of the Health and
Safety Code).
(c) Any financing for fire safety improvements of a residential
structure containing units that were rented by households specified
in Section 50079.5 of the Health and Safety Code before making of
fire safety improvements shall be subject to a regulatory agreement
that will ensure that the number of those units in the structure will
not be reduced and will remain available at affordable rents
pursuant to Section 50053 of the Health and Safety Code as long as
any portion of a loan issued pursuant to this section remains unpaid.
(d) No lot, parcel, or building shall be included in the district
without the owner's consent.
(e) The Legislature hereby declares that the expenditure of public
funds or making of loans to owners of private buildings pursuant to
this section for fire safety improvements constitutes a public
purpose resulting in a public benefit. Public funds or loans made
pursuant to this section shall not be construed to be gifts of public
funds in violation of Section 6 of Article XVI of the California
Constitution.
10100.5. Whenever the public interest or convenience requires, the
legislative body of any municipality may install or operate, or
install and operate, in or along its streets or any public way or any
easement, any of the following:
(a) Works, systems or facilities for the transportation of people,
designed to serve an area of not to exceed three square miles,
including rolling stock and other equipment appurtenant thereto.
(b) All other work auxiliary to any of the above, which may be
required to carry out the same, including, but not limited to,
terminal and intermediate stations, structures, or platforms or other
facilities which may be necessary for the loading of people into and
unloading of people from such transportation facilities.
(c) Acquisition of any and all property, easements, and
rights-of-way which may be required to carry out the purposes of the
project.
10100.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subsection (a) of Section
10100.5 or subsection (a) of Section 5101.5 upon a district benefited
thereby, and annually on or before June 30th, the legislative body
may prepare and approve an estimate of the expenditures required
during the ensuing fiscal year for the maintenance, operation, repair
and improvement of such works, system or facilities and shall deduct
from such estimate the amount of revenues, if any, which the
legislative body estimates will accrue during such year from the
operation of such works, system or facilities and will be available
to pay costs of such maintenance, operation, repair and improvement.
The legislative body may levy and collect in any year upon and
against all of the taxable land and improvements within such district
a special ad valorem assessment sufficient to raise a sum of money
not exceeding the net amount thus determined but the rate of
assessment in any one year shall not exceed twenty-five cents ($0.25)
on each one hundred dollars ($100) assessed value as shown on the
assessment roll used by the city for city taxation.
The special ad valorem assessment shall be levied, collected and
enforced at the same times, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of general
taxes levied by the city. The proceeds of the assessment shall be
placed in a separate fund of the city and shall be expended only for
the maintenance, operation, repair or improvement of such works,
system or facilities.
10100.7. The legislative body of any municipality which has entered
into an agreement with an owner or owners of land within the
municipality whereby the owner or owners have constructed or acquired
water system facilities, including wells, pumps, dams, reservoirs,
storage tanks, pipes, hydrants, meters or other appurtenances for
supplying or distributing a domestic water supply, or sewer system
facilities, including sewers, pipes, conduits, manholes, treatment
and disposal plants, connecting sewers and appurtenances for
providing sanitary sewer service, or capacity in these facilities,
and have transferred the facilities or capacity to the municipality
to be utilized by it for providing water or sewer service, or both,
to the land of the owner or owners, and whereby the municipality has
agreed to refund or reimburse to the owner or owners the cost of the
facilities or capacity or any portion thereof out of connection fees
or other revenues or funds of the municipality, including an
assessment levied upon the land of the owner or owners or proceeds
from the sale of bonds issued pursuant to this division, may upon
obtaining the written consent of the owner or owners conduct
proceedings pursuant to this division for the formation of an
assessment district over and including the land of the owner or
owners and levying an assessment thereon and issuing bonds as
authorized by Chapter 7 (commencing with Section 10600), for the
purpose of satisfying its refund or reimbursement obligation to the
owner or owners. The municipality may, upon obtaining the written
consent of the owner thereof, include in the assessment district, and
levy an assessment upon, any land which will benefit from the water
or sewer system facilities, or both, or capacity therein, whether or
not the land is owned by the owner or owners who are parties to the
agreement with the municipality, but may not include in an assessment
district the land of any owner who does not consent in writing
thereto.
10100.8. (a) Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
constructing or substantially reconstructing works, systems, or
facilities after January 1, 1985, upon a district benefited thereby,
and annually on or before June 30th, the legislative body may prepare
and approve an estimate of the expenditures required during the
ensuing fiscal year for the maintenance, repair, and improvement of
the works, systems, or facilities.
(b) The legislative body, may, by resolution adopted at a public
hearing, determine to levy and collect in any year upon and against
all of the taxable land and improvements within the district a
special assessment sufficient to raise a sum of money not to exceed
the amount estimated pursuant to subdivision (a).
(c) The special assessment shall be levied, collected, and
enforced at the same time, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of other
special assessments levied pursuant to this division by the city. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, repair, or
improvement of the works, systems, or facilities.
(d) For purposes of this section, "maintenance, repair, and
improvement" shall include all expenses incurred to keep the work,
system, or facility in fit operating condition which are ordinarily
incurred no more frequently than every five years, except that
expenses which are ordinarily incurred at lesser intervals may be
included if the legislative body finds that the expenses have to be
incurred in order to maintain the level of benefit to the assessed
parcels and that the level of benefit would otherwise decline more
rapidly than usual for other public works of the type involved
because of circumstances which do not ordinarily affect these public
works.
10100.9. Prior to any hearing pursuant to Section 10100.8, the
clerk shall cause notice of the hearing to be published pursuant to
Section 6066 of the Government Code.
10101. The legislative body may acquire any works or appliances
already installed in the streets, of the municipality which are
necessary or convenient to supply the municipality or its inhabitants
with water, electricity, gas, or other means of heat, illumination,
power, or any other public service, and any plants, lands, and rights
of way, whether located within or without the municipality, which
are necessary or convenient for their use and operation, or may
acquire the use of any such works, appliances, and other property.
The legislative body may also acquire electric current, gas, or other
illuminating agent for power or lighting service pursuant to this
division.
10102. Notwithstanding any other provision of this division,
whenever the public interest or convenience requires, the legislative
body of any municipality may pay fees or expenses or acquire or
install any or all of the works and improvements authorized by, and
subject to the limitations with respect to those works and
improvements set out in, the Improvement Act of 1911 (Division 7
(commencing with Section 5000)), the Vehicle Parking District Law of
1943 (Part 1 (commencing with Section 31500) of Division 18), the
Parking District Law of 1951 (Part 4 (commencing with Section 35100)
of Division 18), the Park and Playground Act of 1909 (Chapter 7
(commencing with Section 38000) of Part 2 of Division 3 of Title 4 of
the Government Code), or other works and improvements of a local
nature, and may acquire by gift, purchase, or eminent domain
proceedings land, rights-of-way, and easements necessary for the
works and improvements.
10102.1. The provisions of the Improvement Act of 1911 relating to
conversion of existing overhead electric and communication facilities
to underground locations, as set forth in Chapter 28 (commencing
with Section 5896.1) of Part 3, Division 7 of this code, excepting
Sections 5896.10, 5896.13 and 5896.15, are incorporated in this
division as if fully set out herein. References in said Chapter 28 to
"this division" shall be deemed to refer to Division 12. The
contractor, public utility, public agency or city performing the work
of conversion shall be paid therefor from the improvement fund. The
agreement provided for by Section 5896.9 shall be made prior to the
adoption of the resolution ordering the work. Any written request
executed pursuant to Section 5896.14 shall be filed with the clerk
not later than the time set for hearing on the report, provided, that
the legislative body may authorize such request to be filed at any
time not later than the confirmation of the assessment.
10102.2. The provisions of the Improvement Act of 1911 relating to
work performed on a state highway, county road, or railroad
right-of-way, as set forth in Sections 5101.7 and 5101.8, are
incorporated in this division as if fully set out herein, except that
references to "this division" shall be deemed to refer to Division
12 (commencing with Section 10000).
10103. The provisions of Chapter 2 (commencing with Section 5115)
of Part 3 of Division 7 of this code providing for the construction
of work and the levy of an assessment by a city within a county or by
a county within a city, are incorporated in this division as if
fully set out herein. Upon obtaining the consent required in that
chapter, a city may construct improvements and levy an assessment in
a county or in another city, a county may construct improvements and
levy an assessment within a city, and a public corporation may
consruct improvements and levy an assessment outside of its
boundaries either within a city or within a county. If no assessment
is to be levied outside the boundaries of the city, county, or public
corporation conducting the assessment proceedings, the proposed
resolution of intention need not be submitted or approved and the
consent required shall be obtained prior to the ordering of the
improvement.
10104. When any proceeding is initiated under this division by a
legislative body other than that of a city or county, and before the
resolution of intention is adopted, the proposed resolution, together
with a plat or map which shall indicate by a boundary line the
extent of territory included in the proposed district, shall be
submitted for approval of the legislative body of the city, where the
land to be assessed lies within the corporate limits of any city, or
of the county, where the land to be assessed lies within an
unincorporated territory. When such approval has been secured, the
resolution of intention may be adopted and the legislative body
initiating the proceeding may thereafter take each and every step
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of the assessments to cover the
expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
10105. As an alternative procedure for constructing any improvement
authorized under the Improvement Act of 1911, the legislative body
may pass a resolution of intention to do such work, which shall
contain a provision that the work shall be instituted when any local,
state, or national agency or authority accepts the proposed work as
a project for which a contribution of labor, or labor and any portion
of materials, supplies, or equipment, will be made by such agency or
authority.
10106. Under the alternative procedure the work to be done by the
contractor shall consist of furnishing all or any part of the labor,
materials, supplies, and equipment necessary for the construction of
the improvements or the work may be performed or the labor,
materials, supplies, and equipment furnished in the same manner as
provided in Chapter 6 of this division. Whenever the alternative
procedure is adopted, the resolution shall recite that fact, state
the name of the agency or authority which is to make the
contribution, the contribution which is to be made, and the work to
be done by the contractor or by the city. In all other particulars
the resolution shall conform to the provisions of Chapter 3 of this
division. Nothing in this section prevents the acceptance of
contributions not mentioned in the resolution of intention for any
improvements mentioned in this section, and for that purpose Section
5125 is incorporated as part of this division as if fully set out
herein.
10107. The provisions of Chapter 26 of Part 3 of Division 7 of this
code are incorporated in this division as if fully set out herein.
These provisions may be used in combination with the other provisions
of this division.
10108. A city may form a maintenance district, in which event
Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code,
excepting Sections 5850 to 5853, inclusive, as now or hereafter
provided, shall hereafter apply. In such event, the officers referred
to therein shall be deemed to be the city officers performing the
same duties.
10109. Whenever the improvement or acquisition includes the
acquiring or the installation of works, appliances, or improvements
authorized by this division, and the works, appliances, or
improvements are, or may be, under the ownership, management, or
control of any public agency other than the city making the
acquisition or ordering the work done, or of a regulated public
utility, the works, appliances, or improvements may be acquired or
installed under the proceedings specified in this division. For
purposes of this section and Sections 10110 and 10111, "regulated
public utility" includes a cable television company.
10110. Before the ordering of the work, acquisitions, or
improvements which are to be owned, managed, or controlled by any
other public agency, regulated public utility, or mutual water
company, the legislative body shall enter into an agreement with the
public agency, public utility, or mutual water company which has, or
may have, charge of the works, appliances, or improvements. The
agreement may provide for the joint exercise of any power authorized
by this division by two or more local agencies authorized to use this
division if the legislative body of each participating agency adopts
a resolution declaring that the joint agreement would be beneficial
to the residents of the area of the agency. A local agency which is a
party to the agreement may use the proceeds of any assessment or of
any bonds or other indebtedness issued in conjunction with this
division pursuant to the agreement to provide facilities which the
local agency is otherwise authorized by law to provide, even though
another agency which is a party to the agreement does not have the
power to provide those facilities. Among other things, the agreement
may provide for any of the following:
(a) For the supplying by the public agency, public utility, or
mutual water company of plans and specifications in accordance with
Chapter 5 (commencing with Section 5170) of Part 3 of Division 7.
(b) For the performance of work or service by the public agency,
public utility, or mutual water agency, and the payment to the public
agency, public utility, or mutual water company out of the
improvement fund for the work or service. Any agreement providing for
the performance of work by a public utility or mutual water company
may provide for the posting of labor, material, and performance
bonds.
(c) For the acquisition by the legislative body of works or
appliances already installed and for the conveyance of these works or
appliances to the public agency, public utility, or mutual water
company. The owner of these works or appliances may be a party to the
agreement.
(d) That the agreement shall become effective after proceedings
have been taken pursuant to this division and the funds are available
to carry out all the terms thereof. Whenever it is proposed to annex
to the public agency the territory in which the installation or
acquisition is contemplated, proceedings may be taken up to and
including the confirmation of the assessment as provided for in
Section 10312 prior to the commencement of the annexation
proceedings. If the annexation is successful, the assessment shall be
recorded and other proceedings taken that may enable the parties to
comply with the terms of the agreement. If the annexation proceedings
fail, further proceedings under the resolution of intention are
barred.
Any agreement entered into pursuant to this section, to the extent
that utilities have been financed by special assessments, shall
provide that no main extension refund agreement shall be entered into
with a developer.
10110.1. If an agreement entered into pursuant to Sections 10109
and 10110 provides for the payment of refunds, and to the extent that
the works, appliances, or improvements to which the refund payments
are applicable are financed by special assessments, any amounts paid
by the public agency, public utility, or mutual water company as a
refund payment for the works, appliances, or improvements to be
transferred to the public agency, public utility, or mutual water
company under the agreement shall be deposited into a special fund to
be established and administered by the city treasurer and applied as
a credit upon the assessment and supplemental assessment, if any, in
the same manner as provided in Section 10427.1, or shall be used to
call bonds, or both. The credits shall be applied only to the
assessments levied for the particular improvements for which the
refund is made. Any such amounts shall be transferred to the general
fund of the city if either of the following occurs:
(a) The amounts are paid later than four years from the date of
recordation of the assessment and any supplemental assessment.
(b) If bonds have been issued, the amounts have been paid later
than four years after the due date of the last installment upon the
bonds or of the last principal coupons attached thereto.
10111. After the work, acquisitions or improvements have been
completed and accepted, or conveyed to the public agency or utility,
title to the works, appliances or improvements so installed, acquired
or conveyed shall vest in the public agency or utility and
constitute a part of its system, and shall at all times thereafter be
used, operated, maintained, and managed by it as a part of such
system.
10112. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
10100. Whenever the public interest or convenience requires, the
legislative body of any municipality may install in or along its
streets all or any of the following:
(a) Water mains, pipes, conduits, tunnels, hydrants, and other
necessary works and appliances for providing water service.
(b) Lines, conduits, and other necessary works and appliances for
providing electric power service.
(c) Mains, pipes, and other necessary works and appliances for
providing gas service.
(d) Poles, posts, wires, pipes, conduits, lamps, and other
necessary works and appliances for lighting purposes.
(e) Any works, utility, or appliances necessary or convenient for
providing any other public service.
10100.1. If the written consent of the owner of the property is
first obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
10100.2. (a) (1) Whenever the public interest or convenience
requires, the legislative body may use the powers of this division to
pay, or make funds available to enable the owners of lots or parcels
of real property within the district to pay, for either of the
following:
(A) Work deemed necessary to bring real property or buildings,
including privately owned real property or buildings, into compliance
with seismic safety standards or regulations. The legislative body
shall declare that public loans or funds provided to owners of
private buildings for seismic strengthening of unreinforced buildings
or other buildings, or real property, pursuant to this section
constitute a public purpose resulting in a public benefit. Only work
certified as necessary to comply with seismic safety standards or
regulations by local building officials may be financed. No project
involving the dismantling of an existing building and its replacement
by a new building or the construction of a new or substantially new
building may be financed pursuant to this section, except as
otherwise provided in subparagraph (B). Work on qualified historical
buildings or structures shall be done in accordance with the State
Historical Building Code (Part 2.7 (commencing with Section 18950) of
Division 13 of the Health and Safety Code). Any financing for
seismic strengthening of a residential structure containing units
rented by households specified in Section 50079.5 of the Health and
Safety Code before strengthening shall be subject to a regulatory
agreement that will ensure that the number of those units in the
structure will not be reduced and will remain available at affordable
rents pursuant to Section 50053 of the Health and Safety Code as
long as any assessments levied pursuant to this section on the parcel
on which the structure is located remain unpaid.
No lot, parcel, or building shall be included in the district
without the owner's consent.
(B) Within any area that has been designated by the Governor as a
disaster area or for which the Governor has proclaimed the existence
of a state of emergency because of earthquake damage, work deemed
necessary to repair any damage to real property directly or
indirectly caused by the occurrence of an earthquake cited in the
Governor's designation or proclamation, or by aftershocks associated
with that earthquake, including work to reconstruct, repair, shore
up, or replace any real property or building damaged or destroyed by
the earthquake or by its aftershocks. Work may be financed pursuant
to this subparagraph only on real property or buildings identified in
a resolution of intention to establish a district adopted within
seven years of the date that the Governor designates the area as a
disaster area or proclaims a state of emergency in the area.
(2) Any district created to finance seismic safety work on
privately owned buildings, including repair, reconstruction, or
replacement of privately owned buildings pursuant to this section,
shall consist only of lots or parcels on which the legislative body
finds that the buildings to be worked on, repaired, reconstructed, or
replaced pursuant to this section, are located or were located
before being damaged or destroyed by the earthquake that is the
subject of the Governor's designation or proclamation pursuant to
subparagraph (B) of paragraph (1), or by the aftershocks of that
earthquake.
(3) The Legislature hereby declares that the use of public funds
pursuant to this section for seismic strengthening, repair, or
reconstruction of privately owned real property or buildings
constitutes a public purpose resulting in a public benefit. The use
of funds pursuant to this section shall not be construed to be gifts
of public funds in violation of Section 6 of Article XVI of the
California Constitution.
(4) A loan or expenditure of funds made by a district pursuant to
this section and secured by a tax assessment or a lien, or both that
assessment and lien, on private property shall not, when combined
with existing liens on the property, exceed 80 percent of the current
appraised value of the property, as determined by an independent,
certified appraiser, unless existing lienholders consent in writing
to a higher loan-to-value ratio. Notice of the creation of a district
or the authorization for the loan or expenditure of funds for the
purposes set forth in this section shall be given to lienholders of
record on the property included in the district at least 30 days
prior to any vote of the governing body authorizing the creation of
the district or the loan or expenditure of funds that could create a
lien on the property.
(b) A district created to finance seismic safety or repair work
pursuant to this section may include areas of territory that are not
contiguous.
(c) At any time after the passage of the resolution provided for
in subdivision (a) of Section 10312, the legislative body may make
changes in or modify the improvements or reduce the assessment with
respect to a particular lot or parcel within an assessment district
created for the purposes of this section with the written consent of
the owner of that lot or parcel.
(d) Any changes made within an assessment district created for the
purposes of this section shall be made after notice and hearing, as
provided in this division, except that changes may be made under any
of the following circumstances:
(1) At the hearing on the report, changes that do any of the
following:
(A) Eliminate a portion of the assessment district without
increasing the amount of any assessment or substantially affecting
the distribution of benefits from the improvements.
(B) Exclude territory that will not be benefited by the remaining
improvements without increasing the amount of any assessment.
(C) Modify the improvements or the assessment with respect to a
particular lot or parcel within the assessment district with the
written consent of the owner and without increasing the assessments
on any other real property.
(2) At any time after the improvements are ordered and during the
pendency of the proceedings to establish the assessment district.
(3) At any time after the adoption of the resolution provided for
in subdivision (a) of Section 10312, to modify the improvements or
reduce the assessment with respect to a particular lot or parcel
within the assessment district with the written consent of the owner.
(e) An action to determine the validity of any assessments, bonds,
bond anticipation notes, contracts, or improvements for the purposes
of this section may be brought by the legislative body, or by any
person designated by the legislative body, pursuant to Chapter 9
(commencing with Section 860) of Title 10 of the Code of Civil
Procedure. For this purpose, an improvement shall be deemed to be in
existence upon its authorization and an assessment upon its
confirmation.
(f) It is the intent of the Legislature that the powers conferred
by this section shall be in addition and supplemental to, and not
exclusive of, the powers conferred by any other law.
10100.3. (a) Whenever the public interest or convenience requires,
the legislative body may use the powers of this division to pay for
work or to make loans deemed necessary to bring buildings, including
privately owned buildings, into compliance with fire safety standards
or regulations. The legislative body shall declare that public loans
or funds to owners of private buildings for fire safety improvements
pursuant to this section constitute a public purpose resulting in a
public benefit.
(b) Only work certified as necessary to comply with fire safety
standards or regulations by local building officials may be financed.
No project involving the dismantling of an existing building and its
replacement by a new building or the construction of a new or
substantially new building may be financed pursuant to this section.
Work on qualified historical buildings or structures shall be done in
accordance with the State Historical Building Code (Part 2.7
(commencing with Section 18950) of Division 13 of the Health and
Safety Code).
(c) Any financing for fire safety improvements of a residential
structure containing units that were rented by households specified
in Section 50079.5 of the Health and Safety Code before making of
fire safety improvements shall be subject to a regulatory agreement
that will ensure that the number of those units in the structure will
not be reduced and will remain available at affordable rents
pursuant to Section 50053 of the Health and Safety Code as long as
any portion of a loan issued pursuant to this section remains unpaid.
(d) No lot, parcel, or building shall be included in the district
without the owner's consent.
(e) The Legislature hereby declares that the expenditure of public
funds or making of loans to owners of private buildings pursuant to
this section for fire safety improvements constitutes a public
purpose resulting in a public benefit. Public funds or loans made
pursuant to this section shall not be construed to be gifts of public
funds in violation of Section 6 of Article XVI of the California
Constitution.
10100.5. Whenever the public interest or convenience requires, the
legislative body of any municipality may install or operate, or
install and operate, in or along its streets or any public way or any
easement, any of the following:
(a) Works, systems or facilities for the transportation of people,
designed to serve an area of not to exceed three square miles,
including rolling stock and other equipment appurtenant thereto.
(b) All other work auxiliary to any of the above, which may be
required to carry out the same, including, but not limited to,
terminal and intermediate stations, structures, or platforms or other
facilities which may be necessary for the loading of people into and
unloading of people from such transportation facilities.
(c) Acquisition of any and all property, easements, and
rights-of-way which may be required to carry out the purposes of the
project.
10100.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subsection (a) of Section
10100.5 or subsection (a) of Section 5101.5 upon a district benefited
thereby, and annually on or before June 30th, the legislative body
may prepare and approve an estimate of the expenditures required
during the ensuing fiscal year for the maintenance, operation, repair
and improvement of such works, system or facilities and shall deduct
from such estimate the amount of revenues, if any, which the
legislative body estimates will accrue during such year from the
operation of such works, system or facilities and will be available
to pay costs of such maintenance, operation, repair and improvement.
The legislative body may levy and collect in any year upon and
against all of the taxable land and improvements within such district
a special ad valorem assessment sufficient to raise a sum of money
not exceeding the net amount thus determined but the rate of
assessment in any one year shall not exceed twenty-five cents ($0.25)
on each one hundred dollars ($100) assessed value as shown on the
assessment roll used by the city for city taxation.
The special ad valorem assessment shall be levied, collected and
enforced at the same times, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of general
taxes levied by the city. The proceeds of the assessment shall be
placed in a separate fund of the city and shall be expended only for
the maintenance, operation, repair or improvement of such works,
system or facilities.
10100.7. The legislative body of any municipality which has entered
into an agreement with an owner or owners of land within the
municipality whereby the owner or owners have constructed or acquired
water system facilities, including wells, pumps, dams, reservoirs,
storage tanks, pipes, hydrants, meters or other appurtenances for
supplying or distributing a domestic water supply, or sewer system
facilities, including sewers, pipes, conduits, manholes, treatment
and disposal plants, connecting sewers and appurtenances for
providing sanitary sewer service, or capacity in these facilities,
and have transferred the facilities or capacity to the municipality
to be utilized by it for providing water or sewer service, or both,
to the land of the owner or owners, and whereby the municipality has
agreed to refund or reimburse to the owner or owners the cost of the
facilities or capacity or any portion thereof out of connection fees
or other revenues or funds of the municipality, including an
assessment levied upon the land of the owner or owners or proceeds
from the sale of bonds issued pursuant to this division, may upon
obtaining the written consent of the owner or owners conduct
proceedings pursuant to this division for the formation of an
assessment district over and including the land of the owner or
owners and levying an assessment thereon and issuing bonds as
authorized by Chapter 7 (commencing with Section 10600), for the
purpose of satisfying its refund or reimbursement obligation to the
owner or owners. The municipality may, upon obtaining the written
consent of the owner thereof, include in the assessment district, and
levy an assessment upon, any land which will benefit from the water
or sewer system facilities, or both, or capacity therein, whether or
not the land is owned by the owner or owners who are parties to the
agreement with the municipality, but may not include in an assessment
district the land of any owner who does not consent in writing
thereto.
10100.8. (a) Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
constructing or substantially reconstructing works, systems, or
facilities after January 1, 1985, upon a district benefited thereby,
and annually on or before June 30th, the legislative body may prepare
and approve an estimate of the expenditures required during the
ensuing fiscal year for the maintenance, repair, and improvement of
the works, systems, or facilities.
(b) The legislative body, may, by resolution adopted at a public
hearing, determine to levy and collect in any year upon and against
all of the taxable land and improvements within the district a
special assessment sufficient to raise a sum of money not to exceed
the amount estimated pursuant to subdivision (a).
(c) The special assessment shall be levied, collected, and
enforced at the same time, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of other
special assessments levied pursuant to this division by the city. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, repair, or
improvement of the works, systems, or facilities.
(d) For purposes of this section, "maintenance, repair, and
improvement" shall include all expenses incurred to keep the work,
system, or facility in fit operating condition which are ordinarily
incurred no more frequently than every five years, except that
expenses which are ordinarily incurred at lesser intervals may be
included if the legislative body finds that the expenses have to be
incurred in order to maintain the level of benefit to the assessed
parcels and that the level of benefit would otherwise decline more
rapidly than usual for other public works of the type involved
because of circumstances which do not ordinarily affect these public
works.
10100.9. Prior to any hearing pursuant to Section 10100.8, the
clerk shall cause notice of the hearing to be published pursuant to
Section 6066 of the Government Code.
10101. The legislative body may acquire any works or appliances
already installed in the streets, of the municipality which are
necessary or convenient to supply the municipality or its inhabitants
with water, electricity, gas, or other means of heat, illumination,
power, or any other public service, and any plants, lands, and rights
of way, whether located within or without the municipality, which
are necessary or convenient for their use and operation, or may
acquire the use of any such works, appliances, and other property.
The legislative body may also acquire electric current, gas, or other
illuminating agent for power or lighting service pursuant to this
division.
10102. Notwithstanding any other provision of this division,
whenever the public interest or convenience requires, the legislative
body of any municipality may pay fees or expenses or acquire or
install any or all of the works and improvements authorized by, and
subject to the limitations with respect to those works and
improvements set out in, the Improvement Act of 1911 (Division 7
(commencing with Section 5000)), the Vehicle Parking District Law of
1943 (Part 1 (commencing with Section 31500) of Division 18), the
Parking District Law of 1951 (Part 4 (commencing with Section 35100)
of Division 18), the Park and Playground Act of 1909 (Chapter 7
(commencing with Section 38000) of Part 2 of Division 3 of Title 4 of
the Government Code), or other works and improvements of a local
nature, and may acquire by gift, purchase, or eminent domain
proceedings land, rights-of-way, and easements necessary for the
works and improvements.
10102.1. The provisions of the Improvement Act of 1911 relating to
conversion of existing overhead electric and communication facilities
to underground locations, as set forth in Chapter 28 (commencing
with Section 5896.1) of Part 3, Division 7 of this code, excepting
Sections 5896.10, 5896.13 and 5896.15, are incorporated in this
division as if fully set out herein. References in said Chapter 28 to
"this division" shall be deemed to refer to Division 12. The
contractor, public utility, public agency or city performing the work
of conversion shall be paid therefor from the improvement fund. The
agreement provided for by Section 5896.9 shall be made prior to the
adoption of the resolution ordering the work. Any written request
executed pursuant to Section 5896.14 shall be filed with the clerk
not later than the time set for hearing on the report, provided, that
the legislative body may authorize such request to be filed at any
time not later than the confirmation of the assessment.
10102.2. The provisions of the Improvement Act of 1911 relating to
work performed on a state highway, county road, or railroad
right-of-way, as set forth in Sections 5101.7 and 5101.8, are
incorporated in this division as if fully set out herein, except that
references to "this division" shall be deemed to refer to Division
12 (commencing with Section 10000).
10103. The provisions of Chapter 2 (commencing with Section 5115)
of Part 3 of Division 7 of this code providing for the construction
of work and the levy of an assessment by a city within a county or by
a county within a city, are incorporated in this division as if
fully set out herein. Upon obtaining the consent required in that
chapter, a city may construct improvements and levy an assessment in
a county or in another city, a county may construct improvements and
levy an assessment within a city, and a public corporation may
consruct improvements and levy an assessment outside of its
boundaries either within a city or within a county. If no assessment
is to be levied outside the boundaries of the city, county, or public
corporation conducting the assessment proceedings, the proposed
resolution of intention need not be submitted or approved and the
consent required shall be obtained prior to the ordering of the
improvement.
10104. When any proceeding is initiated under this division by a
legislative body other than that of a city or county, and before the
resolution of intention is adopted, the proposed resolution, together
with a plat or map which shall indicate by a boundary line the
extent of territory included in the proposed district, shall be
submitted for approval of the legislative body of the city, where the
land to be assessed lies within the corporate limits of any city, or
of the county, where the land to be assessed lies within an
unincorporated territory. When such approval has been secured, the
resolution of intention may be adopted and the legislative body
initiating the proceeding may thereafter take each and every step
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of the assessments to cover the
expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
10105. As an alternative procedure for constructing any improvement
authorized under the Improvement Act of 1911, the legislative body
may pass a resolution of intention to do such work, which shall
contain a provision that the work shall be instituted when any local,
state, or national agency or authority accepts the proposed work as
a project for which a contribution of labor, or labor and any portion
of materials, supplies, or equipment, will be made by such agency or
authority.
10106. Under the alternative procedure the work to be done by the
contractor shall consist of furnishing all or any part of the labor,
materials, supplies, and equipment necessary for the construction of
the improvements or the work may be performed or the labor,
materials, supplies, and equipment furnished in the same manner as
provided in Chapter 6 of this division. Whenever the alternative
procedure is adopted, the resolution shall recite that fact, state
the name of the agency or authority which is to make the
contribution, the contribution which is to be made, and the work to
be done by the contractor or by the city. In all other particulars
the resolution shall conform to the provisions of Chapter 3 of this
division. Nothing in this section prevents the acceptance of
contributions not mentioned in the resolution of intention for any
improvements mentioned in this section, and for that purpose Section
5125 is incorporated as part of this division as if fully set out
herein.
10107. The provisions of Chapter 26 of Part 3 of Division 7 of this
code are incorporated in this division as if fully set out herein.
These provisions may be used in combination with the other provisions
of this division.
10108. A city may form a maintenance district, in which event
Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code,
excepting Sections 5850 to 5853, inclusive, as now or hereafter
provided, shall hereafter apply. In such event, the officers referred
to therein shall be deemed to be the city officers performing the
same duties.
10109. Whenever the improvement or acquisition includes the
acquiring or the installation of works, appliances, or improvements
authorized by this division, and the works, appliances, or
improvements are, or may be, under the ownership, management, or
control of any public agency other than the city making the
acquisition or ordering the work done, or of a regulated public
utility, the works, appliances, or improvements may be acquired or
installed under the proceedings specified in this division. For
purposes of this section and Sections 10110 and 10111, "regulated
public utility" includes a cable television company.
10110. Before the ordering of the work, acquisitions, or
improvements which are to be owned, managed, or controlled by any
other public agency, regulated public utility, or mutual water
company, the legislative body shall enter into an agreement with the
public agency, public utility, or mutual water company which has, or
may have, charge of the works, appliances, or improvements. The
agreement may provide for the joint exercise of any power authorized
by this division by two or more local agencies authorized to use this
division if the legislative body of each participating agency adopts
a resolution declaring that the joint agreement would be beneficial
to the residents of the area of the agency. A local agency which is a
party to the agreement may use the proceeds of any assessment or of
any bonds or other indebtedness issued in conjunction with this
division pursuant to the agreement to provide facilities which the
local agency is otherwise authorized by law to provide, even though
another agency which is a party to the agreement does not have the
power to provide those facilities. Among other things, the agreement
may provide for any of the following:
(a) For the supplying by the public agency, public utility, or
mutual water company of plans and specifications in accordance with
Chapter 5 (commencing with Section 5170) of Part 3 of Division 7.
(b) For the performance of work or service by the public agency,
public utility, or mutual water agency, and the payment to the public
agency, public utility, or mutual water company out of the
improvement fund for the work or service. Any agreement providing for
the performance of work by a public utility or mutual water company
may provide for the posting of labor, material, and performance
bonds.
(c) For the acquisition by the legislative body of works or
appliances already installed and for the conveyance of these works or
appliances to the public agency, public utility, or mutual water
company. The owner of these works or appliances may be a party to the
agreement.
(d) That the agreement shall become effective after proceedings
have been taken pursuant to this division and the funds are available
to carry out all the terms thereof. Whenever it is proposed to annex
to the public agency the territory in which the installation or
acquisition is contemplated, proceedings may be taken up to and
including the confirmation of the assessment as provided for in
Section 10312 prior to the commencement of the annexation
proceedings. If the annexation is successful, the assessment shall be
recorded and other proceedings taken that may enable the parties to
comply with the terms of the agreement. If the annexation proceedings
fail, further proceedings under the resolution of intention are
barred.
Any agreement entered into pursuant to this section, to the extent
that utilities have been financed by special assessments, shall
provide that no main extension refund agreement shall be entered into
with a developer.
10110.1. If an agreement entered into pursuant to Sections 10109
and 10110 provides for the payment of refunds, and to the extent that
the works, appliances, or improvements to which the refund payments
are applicable are financed by special assessments, any amounts paid
by the public agency, public utility, or mutual water company as a
refund payment for the works, appliances, or improvements to be
transferred to the public agency, public utility, or mutual water
company under the agreement shall be deposited into a special fund to
be established and administered by the city treasurer and applied as
a credit upon the assessment and supplemental assessment, if any, in
the same manner as provided in Section 10427.1, or shall be used to
call bonds, or both. The credits shall be applied only to the
assessments levied for the particular improvements for which the
refund is made. Any such amounts shall be transferred to the general
fund of the city if either of the following occurs:
(a) The amounts are paid later than four years from the date of
recordation of the assessment and any supplemental assessment.
(b) If bonds have been issued, the amounts have been paid later
than four years after the due date of the last installment upon the
bonds or of the last principal coupons attached thereto.
10111. After the work, acquisitions or improvements have been
completed and accepted, or conveyed to the public agency or utility,
title to the works, appliances or improvements so installed, acquired
or conveyed shall vest in the public agency or utility and
constitute a part of its system, and shall at all times thereafter be
used, operated, maintained, and managed by it as a part of such
system.
10112. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
10100. Whenever the public interest or convenience requires, the
legislative body of any municipality may install in or along its
streets all or any of the following:
(a) Water mains, pipes, conduits, tunnels, hydrants, and other
necessary works and appliances for providing water service.
(b) Lines, conduits, and other necessary works and appliances for
providing electric power service.
(c) Mains, pipes, and other necessary works and appliances for
providing gas service.
(d) Poles, posts, wires, pipes, conduits, lamps, and other
necessary works and appliances for lighting purposes.
(e) Any works, utility, or appliances necessary or convenient for
providing any other public service.
10100.1. If the written consent of the owner of the property is
first obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
10100.2. (a) (1) Whenever the public interest or convenience
requires, the legislative body may use the powers of this division to
pay, or make funds available to enable the owners of lots or parcels
of real property within the district to pay, for either of the
following:
(A) Work deemed necessary to bring real property or buildings,
including privately owned real property or buildings, into compliance
with seismic safety standards or regulations. The legislative body
shall declare that public loans or funds provided to owners of
private buildings for seismic strengthening of unreinforced buildings
or other buildings, or real property, pursuant to this section
constitute a public purpose resulting in a public benefit. Only work
certified as necessary to comply with seismic safety standards or
regulations by local building officials may be financed. No project
involving the dismantling of an existing building and its replacement
by a new building or the construction of a new or substantially new
building may be financed pursuant to this section, except as
otherwise provided in subparagraph (B). Work on qualified historical
buildings or structures shall be done in accordance with the State
Historical Building Code (Part 2.7 (commencing with Section 18950) of
Division 13 of the Health and Safety Code). Any financing for
seismic strengthening of a residential structure containing units
rented by households specified in Section 50079.5 of the Health and
Safety Code before strengthening shall be subject to a regulatory
agreement that will ensure that the number of those units in the
structure will not be reduced and will remain available at affordable
rents pursuant to Section 50053 of the Health and Safety Code as
long as any assessments levied pursuant to this section on the parcel
on which the structure is located remain unpaid.
No lot, parcel, or building shall be included in the district
without the owner's consent.
(B) Within any area that has been designated by the Governor as a
disaster area or for which the Governor has proclaimed the existence
of a state of emergency because of earthquake damage, work deemed
necessary to repair any damage to real property directly or
indirectly caused by the occurrence of an earthquake cited in the
Governor's designation or proclamation, or by aftershocks associated
with that earthquake, including work to reconstruct, repair, shore
up, or replace any real property or building damaged or destroyed by
the earthquake or by its aftershocks. Work may be financed pursuant
to this subparagraph only on real property or buildings identified in
a resolution of intention to establish a district adopted within
seven years of the date that the Governor designates the area as a
disaster area or proclaims a state of emergency in the area.
(2) Any district created to finance seismic safety work on
privately owned buildings, including repair, reconstruction, or
replacement of privately owned buildings pursuant to this section,
shall consist only of lots or parcels on which the legislative body
finds that the buildings to be worked on, repaired, reconstructed, or
replaced pursuant to this section, are located or were located
before being damaged or destroyed by the earthquake that is the
subject of the Governor's designation or proclamation pursuant to
subparagraph (B) of paragraph (1), or by the aftershocks of that
earthquake.
(3) The Legislature hereby declares that the use of public funds
pursuant to this section for seismic strengthening, repair, or
reconstruction of privately owned real property or buildings
constitutes a public purpose resulting in a public benefit. The use
of funds pursuant to this section shall not be construed to be gifts
of public funds in violation of Section 6 of Article XVI of the
California Constitution.
(4) A loan or expenditure of funds made by a district pursuant to
this section and secured by a tax assessment or a lien, or both that
assessment and lien, on private property shall not, when combined
with existing liens on the property, exceed 80 percent of the current
appraised value of the property, as determined by an independent,
certified appraiser, unless existing lienholders consent in writing
to a higher loan-to-value ratio. Notice of the creation of a district
or the authorization for the loan or expenditure of funds for the
purposes set forth in this section shall be given to lienholders of
record on the property included in the district at least 30 days
prior to any vote of the governing body authorizing the creation of
the district or the loan or expenditure of funds that could create a
lien on the property.
(b) A district created to finance seismic safety or repair work
pursuant to this section may include areas of territory that are not
contiguous.
(c) At any time after the passage of the resolution provided for
in subdivision (a) of Section 10312, the legislative body may make
changes in or modify the improvements or reduce the assessment with
respect to a particular lot or parcel within an assessment district
created for the purposes of this section with the written consent of
the owner of that lot or parcel.
(d) Any changes made within an assessment district created for the
purposes of this section shall be made after notice and hearing, as
provided in this division, except that changes may be made under any
of the following circumstances:
(1) At the hearing on the report, changes that do any of the
following:
(A) Eliminate a portion of the assessment district without
increasing the amount of any assessment or substantially affecting
the distribution of benefits from the improvements.
(B) Exclude territory that will not be benefited by the remaining
improvements without increasing the amount of any assessment.
(C) Modify the improvements or the assessment with respect to a
particular lot or parcel within the assessment district with the
written consent of the owner and without increasing the assessments
on any other real property.
(2) At any time after the improvements are ordered and during the
pendency of the proceedings to establish the assessment district.
(3) At any time after the adoption of the resolution provided for
in subdivision (a) of Section 10312, to modify the improvements or
reduce the assessment with respect to a particular lot or parcel
within the assessment district with the written consent of the owner.
(e) An action to determine the validity of any assessments, bonds,
bond anticipation notes, contracts, or improvements for the purposes
of this section may be brought by the legislative body, or by any
person designated by the legislative body, pursuant to Chapter 9
(commencing with Section 860) of Title 10 of the Code of Civil
Procedure. For this purpose, an improvement shall be deemed to be in
existence upon its authorization and an assessment upon its
confirmation.
(f) It is the intent of the Legislature that the powers conferred
by this section shall be in addition and supplemental to, and not
exclusive of, the powers conferred by any other law.
10100.3. (a) Whenever the public interest or convenience requires,
the legislative body may use the powers of this division to pay for
work or to make loans deemed necessary to bring buildings, including
privately owned buildings, into compliance with fire safety standards
or regulations. The legislative body shall declare that public loans
or funds to owners of private buildings for fire safety improvements
pursuant to this section constitute a public purpose resulting in a
public benefit.
(b) Only work certified as necessary to comply with fire safety
standards or regulations by local building officials may be financed.
No project involving the dismantling of an existing building and its
replacement by a new building or the construction of a new or
substantially new building may be financed pursuant to this section.
Work on qualified historical buildings or structures shall be done in
accordance with the State Historical Building Code (Part 2.7
(commencing with Section 18950) of Division 13 of the Health and
Safety Code).
(c) Any financing for fire safety improvements of a residential
structure containing units that were rented by households specified
in Section 50079.5 of the Health and Safety Code before making of
fire safety improvements shall be subject to a regulatory agreement
that will ensure that the number of those units in the structure will
not be reduced and will remain available at affordable rents
pursuant to Section 50053 of the Health and Safety Code as long as
any portion of a loan issued pursuant to this section remains unpaid.
(d) No lot, parcel, or building shall be included in the district
without the owner's consent.
(e) The Legislature hereby declares that the expenditure of public
funds or making of loans to owners of private buildings pursuant to
this section for fire safety improvements constitutes a public
purpose resulting in a public benefit. Public funds or loans made
pursuant to this section shall not be construed to be gifts of public
funds in violation of Section 6 of Article XVI of the California
Constitution.
10100.5. Whenever the public interest or convenience requires, the
legislative body of any municipality may install or operate, or
install and operate, in or along its streets or any public way or any
easement, any of the following:
(a) Works, systems or facilities for the transportation of people,
designed to serve an area of not to exceed three square miles,
including rolling stock and other equipment appurtenant thereto.
(b) All other work auxiliary to any of the above, which may be
required to carry out the same, including, but not limited to,
terminal and intermediate stations, structures, or platforms or other
facilities which may be necessary for the loading of people into and
unloading of people from such transportation facilities.
(c) Acquisition of any and all property, easements, and
rights-of-way which may be required to carry out the purposes of the
project.
10100.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subsection (a) of Section
10100.5 or subsection (a) of Section 5101.5 upon a district benefited
thereby, and annually on or before June 30th, the legislative body
may prepare and approve an estimate of the expenditures required
during the ensuing fiscal year for the maintenance, operation, repair
and improvement of such works, system or facilities and shall deduct
from such estimate the amount of revenues, if any, which the
legislative body estimates will accrue during such year from the
operation of such works, system or facilities and will be available
to pay costs of such maintenance, operation, repair and improvement.
The legislative body may levy and collect in any year upon and
against all of the taxable land and improvements within such district
a special ad valorem assessment sufficient to raise a sum of money
not exceeding the net amount thus determined but the rate of
assessment in any one year shall not exceed twenty-five cents ($0.25)
on each one hundred dollars ($100) assessed value as shown on the
assessment roll used by the city for city taxation.
The special ad valorem assessment shall be levied, collected and
enforced at the same times, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of general
taxes levied by the city. The proceeds of the assessment shall be
placed in a separate fund of the city and shall be expended only for
the maintenance, operation, repair or improvement of such works,
system or facilities.
10100.7. The legislative body of any municipality which has entered
into an agreement with an owner or owners of land within the
municipality whereby the owner or owners have constructed or acquired
water system facilities, including wells, pumps, dams, reservoirs,
storage tanks, pipes, hydrants, meters or other appurtenances for
supplying or distributing a domestic water supply, or sewer system
facilities, including sewers, pipes, conduits, manholes, treatment
and disposal plants, connecting sewers and appurtenances for
providing sanitary sewer service, or capacity in these facilities,
and have transferred the facilities or capacity to the municipality
to be utilized by it for providing water or sewer service, or both,
to the land of the owner or owners, and whereby the municipality has
agreed to refund or reimburse to the owner or owners the cost of the
facilities or capacity or any portion thereof out of connection fees
or other revenues or funds of the municipality, including an
assessment levied upon the land of the owner or owners or proceeds
from the sale of bonds issued pursuant to this division, may upon
obtaining the written consent of the owner or owners conduct
proceedings pursuant to this division for the formation of an
assessment district over and including the land of the owner or
owners and levying an assessment thereon and issuing bonds as
authorized by Chapter 7 (commencing with Section 10600), for the
purpose of satisfying its refund or reimbursement obligation to the
owner or owners. The municipality may, upon obtaining the written
consent of the owner thereof, include in the assessment district, and
levy an assessment upon, any land which will benefit from the water
or sewer system facilities, or both, or capacity therein, whether or
not the land is owned by the owner or owners who are parties to the
agreement with the municipality, but may not include in an assessment
district the land of any owner who does not consent in writing
thereto.
10100.8. (a) Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
constructing or substantially reconstructing works, systems, or
facilities after January 1, 1985, upon a district benefited thereby,
and annually on or before June 30th, the legislative body may prepare
and approve an estimate of the expenditures required during the
ensuing fiscal year for the maintenance, repair, and improvement of
the works, systems, or facilities.
(b) The legislative body, may, by resolution adopted at a public
hearing, determine to levy and collect in any year upon and against
all of the taxable land and improvements within the district a
special assessment sufficient to raise a sum of money not to exceed
the amount estimated pursuant to subdivision (a).
(c) The special assessment shall be levied, collected, and
enforced at the same time, in the same manner, by the same officers,
and with the same interest and penalties, as in the case of other
special assessments levied pursuant to this division by the city. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, repair, or
improvement of the works, systems, or facilities.
(d) For purposes of this section, "maintenance, repair, and
improvement" shall include all expenses incurred to keep the work,
system, or facility in fit operating condition which are ordinarily
incurred no more frequently than every five years, except that
expenses which are ordinarily incurred at lesser intervals may be
included if the legislative body finds that the expenses have to be
incurred in order to maintain the level of benefit to the assessed
parcels and that the level of benefit would otherwise decline more
rapidly than usual for other public works of the type involved
because of circumstances which do not ordinarily affect these public
works.
10100.9. Prior to any hearing pursuant to Section 10100.8, the
clerk shall cause notice of the hearing to be published pursuant to
Section 6066 of the Government Code.
10101. The legislative body may acquire any works or appliances
already installed in the streets, of the municipality which are
necessary or convenient to supply the municipality or its inhabitants
with water, electricity, gas, or other means of heat, illumination,
power, or any other public service, and any plants, lands, and rights
of way, whether located within or without the municipality, which
are necessary or convenient for their use and operation, or may
acquire the use of any such works, appliances, and other property.
The legislative body may also acquire electric current, gas, or other
illuminating agent for power or lighting service pursuant to this
division.
10102. Notwithstanding any other provision of this division,
whenever the public interest or convenience requires, the legislative
body of any municipality may pay fees or expenses or acquire or
install any or all of the works and improvements authorized by, and
subject to the limitations with respect to those works and
improvements set out in, the Improvement Act of 1911 (Division 7
(commencing with Section 5000)), the Vehicle Parking District Law of
1943 (Part 1 (commencing with Section 31500) of Division 18), the
Parking District Law of 1951 (Part 4 (commencing with Section 35100)
of Division 18), the Park and Playground Act of 1909 (Chapter 7
(commencing with Section 38000) of Part 2 of Division 3 of Title 4 of
the Government Code), or other works and improvements of a local
nature, and may acquire by gift, purchase, or eminent domain
proceedings land, rights-of-way, and easements necessary for the
works and improvements.
10102.1. The provisions of the Improvement Act of 1911 relating to
conversion of existing overhead electric and communication facilities
to underground locations, as set forth in Chapter 28 (commencing
with Section 5896.1) of Part 3, Division 7 of this code, excepting
Sections 5896.10, 5896.13 and 5896.15, are incorporated in this
division as if fully set out herein. References in said Chapter 28 to
"this division" shall be deemed to refer to Division 12. The
contractor, public utility, public agency or city performing the work
of conversion shall be paid therefor from the improvement fund. The
agreement provided for by Section 5896.9 shall be made prior to the
adoption of the resolution ordering the work. Any written request
executed pursuant to Section 5896.14 shall be filed with the clerk
not later than the time set for hearing on the report, provided, that
the legislative body may authorize such request to be filed at any
time not later than the confirmation of the assessment.
10102.2. The provisions of the Improvement Act of 1911 relating to
work performed on a state highway, county road, or railroad
right-of-way, as set forth in Sections 5101.7 and 5101.8, are
incorporated in this division as if fully set out herein, except that
references to "this division" shall be deemed to refer to Division
12 (commencing with Section 10000).
10103. The provisions of Chapter 2 (commencing with Section 5115)
of Part 3 of Division 7 of this code providing for the construction
of work and the levy of an assessment by a city within a county or by
a county within a city, are incorporated in this division as if
fully set out herein. Upon obtaining the consent required in that
chapter, a city may construct improvements and levy an assessment in
a county or in another city, a county may construct improvements and
levy an assessment within a city, and a public corporation may
consruct improvements and levy an assessment outside of its
boundaries either within a city or within a county. If no assessment
is to be levied outside the boundaries of the city, county, or public
corporation conducting the assessment proceedings, the proposed
resolution of intention need not be submitted or approved and the
consent required shall be obtained prior to the ordering of the
improvement.
10104. When any proceeding is initiated under this division by a
legislative body other than that of a city or county, and before the
resolution of intention is adopted, the proposed resolution, together
with a plat or map which shall indicate by a boundary line the
extent of territory included in the proposed district, shall be
submitted for approval of the legislative body of the city, where the
land to be assessed lies within the corporate limits of any city, or
of the county, where the land to be assessed lies within an
unincorporated territory. When such approval has been secured, the
resolution of intention may be adopted and the legislative body
initiating the proceeding may thereafter take each and every step
required for or suitable for the consummation of the work and the
levying, collecting and enforcement of the assessments to cover the
expenses thereof and the issuance and enforcement of bonds to
represent unpaid assessments.
10105. As an alternative procedure for constructing any improvement
authorized under the Improvement Act of 1911, the legislative body
may pass a resolution of intention to do such work, which shall
contain a provision that the work shall be instituted when any local,
state, or national agency or authority accepts the proposed work as
a project for which a contribution of labor, or labor and any portion
of materials, supplies, or equipment, will be made by such agency or
authority.
10106. Under the alternative procedure the work to be done by the
contractor shall consist of furnishing all or any part of the labor,
materials, supplies, and equipment necessary for the construction of
the improvements or the work may be performed or the labor,
materials, supplies, and equipment furnished in the same manner as
provided in Chapter 6 of this division. Whenever the alternative
procedure is adopted, the resolution shall recite that fact, state
the name of the agency or authority which is to make the
contribution, the contribution which is to be made, and the work to
be done by the contractor or by the city. In all other particulars
the resolution shall conform to the provisions of Chapter 3 of this
division. Nothing in this section prevents the acceptance of
contributions not mentioned in the resolution of intention for any
improvements mentioned in this section, and for that purpose Section
5125 is incorporated as part of this division as if fully set out
herein.
10107. The provisions of Chapter 26 of Part 3 of Division 7 of this
code are incorporated in this division as if fully set out herein.
These provisions may be used in combination with the other provisions
of this division.
10108. A city may form a maintenance district, in which event
Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code,
excepting Sections 5850 to 5853, inclusive, as now or hereafter
provided, shall hereafter apply. In such event, the officers referred
to therein shall be deemed to be the city officers performing the
same duties.
10109. Whenever the improvement or acquisition includes the
acquiring or the installation of works, appliances, or improvements
authorized by this division, and the works, appliances, or
improvements are, or may be, under the ownership, management, or
control of any public agency other than the city making the
acquisition or ordering the work done, or of a regulated public
utility, the works, appliances, or improvements may be acquired or
installed under the proceedings specified in this division. For
purposes of this section and Sections 10110 and 10111, "regulated
public utility" includes a cable television company.
10110. Before the ordering of the work, acquisitions, or
improvements which are to be owned, managed, or controlled by any
other public agency, regulated public utility, or mutual water
company, the legislative body shall enter into an agreement with the
public agency, public utility, or mutual water company which has, or
may have, charge of the works, appliances, or improvements. The
agreement may provide for the joint exercise of any power authorized
by this division by two or more local agencies authorized to use this
division if the legislative body of each participating agency adopts
a resolution declaring that the joint agreement would be beneficial
to the residents of the area of the agency. A local agency which is a
party to the agreement may use the proceeds of any assessment or of
any bonds or other indebtedness issued in conjunction with this
division pursuant to the agreement to provide facilities which the
local agency is otherwise authorized by law to provide, even though
another agency which is a party to the agreement does not have the
power to provide those facilities. Among other things, the agreement
may provide for any of the following:
(a) For the supplying by the public agency, public utility, or
mutual water company of plans and specifications in accordance with
Chapter 5 (commencing with Section 5170) of Part 3 of Division 7.
(b) For the performance of work or service by the public agency,
public utility, or mutual water agency, and the payment to the public
agency, public utility, or mutual water company out of the
improvement fund for the work or service. Any agreement providing for
the performance of work by a public utility or mutual water company
may provide for the posting of labor, material, and performance
bonds.
(c) For the acquisition by the legislative body of works or
appliances already installed and for the conveyance of these works or
appliances to the public agency, public utility, or mutual water
company. The owner of these works or appliances may be a party to the
agreement.
(d) That the agreement shall become effective after proceedings
have been taken pursuant to this division and the funds are available
to carry out all the terms thereof. Whenever it is proposed to annex
to the public agency the territory in which the installation or
acquisition is contemplated, proceedings may be taken up to and
including the confirmation of the assessment as provided for in
Section 10312 prior to the commencement of the annexation
proceedings. If the annexation is successful, the assessment shall be
recorded and other proceedings taken that may enable the parties to
comply with the terms of the agreement. If the annexation proceedings
fail, further proceedings under the resolution of intention are
barred.
Any agreement entered into pursuant to this section, to the extent
that utilities have been financed by special assessments, shall
provide that no main extension refund agreement shall be entered into
with a developer.
10110.1. If an agreement entered into pursuant to Sections 10109
and 10110 provides for the payment of refunds, and to the extent that
the works, appliances, or improvements to which the refund payments
are applicable are financed by special assessments, any amounts paid
by the public agency, public utility, or mutual water company as a
refund payment for the works, appliances, or improvements to be
transferred to the public agency, public utility, or mutual water
company under the agreement shall be deposited into a special fund to
be established and administered by the city treasurer and applied as
a credit upon the assessment and supplemental assessment, if any, in
the same manner as provided in Section 10427.1, or shall be used to
call bonds, or both. The credits shall be applied only to the
assessments levied for the particular improvements for which the
refund is made. Any such amounts shall be transferred to the general
fund of the city if either of the following occurs:
(a) The amounts are paid later than four years from the date of
recordation of the assessment and any supplemental assessment.
(b) If bonds have been issued, the amounts have been paid later
than four years after the due date of the last installment upon the
bonds or of the last principal coupons attached thereto.
10111. After the work, acquisitions or improvements have been
completed and accepted, or conveyed to the public agency or utility,
title to the works, appliances or improvements so installed, acquired
or conveyed shall vest in the public agency or utility and
constitute a part of its system, and shall at all times thereafter be
used, operated, maintained, and managed by it as a part of such
system.
10112. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
