10360. This chapter provides an alternative procedure for
authorizing assessments pursuant to this division. It is not intended
to alter or restrict authority to authorize assessments pursuant to
other provisions of this division in any way. This chapter does not
apply to proceedings to finance public facilities unless 80 percent
or more of the district is developed for residential, commercial, or
industrial use at the time that proceedings are commenced. This
chapter shall not be used for the acquisition of existing works,
appliances, or property except insofar as the acquisition is
incidental to a proposed improvement not already installed.
10362. All provisions of this division shall apply to proceedings
pursuant to this chapter, except as expressly provided in this
chapter.
10364. For purposes of proceeding under this chapter, the report
prepared pursuant to Section 10204 shall contain the following
elements instead of those specified in Section 10204:
(a) A general description of the proposed project. Detailed plans
and specifications need not be included in the report.
(b) A general description of works or appliances already installed
and any other property necessary or convenient for the operation of
the improvement, if the work, appliance, or property is to be
acquired as part of the improvement. Acquisitions are subject to the
limitation specified in Section 10360.
(c) An estimate of the costs of the improvement and of the cost of
lands, rights-of-way, easements, and incidental expenses in
connection with the improvement. If the legislative body, in the
resolution of intention, ordered that private utility damages be
included in the assessment, the report shall contain an estimate of
private utility damages. In addition to the estimate of the likely
cost of the project, the report shall state a maximum cost of the
project and any private utility damages. If the legislative body, in
the resolution of intention, declared its intention to levy an
assessment for the maintenance, repair, or improvement of the work,
system, or facility, the report shall contain an estimate of the
amount of this assessment for each of the first five years during
which the assessment would be levied.
(d) A diagram showing the assessment district and the boundaries
and dimensions of the subdivisions of land within the district as
they existed at the time of the passage of the resolution of intent.
Each subdivision, including each separate condominium interest as
defined in Section 783 of the Civil Code, shall be given a separate
number upon the diagram.
(e) A proposed assessment of a percentage share of the cost and
expense of the proposed improvement upon each subdivision of real
property in the district in proportion to the estimated benefits to
be received by those subdivisions, respectively, from the
improvement. The amount of the proposed assessment against each
subdivision of real property, assuming the improvement costs and
expenses are the amount estimated in subdivision (c) and assuming the
project costs and expenses are the maximum amount stated in
subdivision (c). When any portion or percentage of the cost and
expenses of the improvement is ordered to be paid out of the treasury
of the municipality, pursuant to Section 10201, the amount of that
portion or percentage shall first be deducted from the total
estimated costs and expenses of the improvement and from the maximum
costs and expenses of the project, and the assessment upon property
proposed in the report shall include only the remainder of the
estimated costs and expenses. The assessment shall refer to the
subdivisions by their respective numbers as assigned pursuant to
subdivision (d).
10366. (a) For purposes of proceeding under this chapter, the
notice shall contain the following elements:
(1) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report.
(2) A statement of the total estimated cost of the proposed
improvement and of the maximum cost of the improvement.
(3) The estimated and maximum amounts, as shown by the report, to
be assessed against the particular parcel covered by the notice.
(4) A statement that any person interested may file a protest in
writing as provided in this division.
(b) If new, increased, or extended assessments are proposed, the
legislative body shall comply with the notice, protest, and hearing
procedures in Section 53753 of the Government Code.
10368. For purposes of proceeding under this chapter, the
assessment shall be confirmed as follows instead of the procedure
specified in Section 10312.
When upon the hearing the proposal to assess is confirmed as
filed, modified, or corrected by resolution, the legislative body
shall order the proposed improvement to be made and declare its
action upon the report and assessment. After design work and plans
and specifications have been completed, and after contracts have been
let pursuant to Section 10501, the legislative body shall, by
resolution, fix the amount of the assessment, which shall be equal to
or less than the maximum assessment stated in the report prepared
pursuant to Section 10364, as filed, modified, or corrected. If the
amount of the assessment is more than the estimated cost of the
project stated in the report prepared pursuant to Section 10364, as
filed, modified, or corrected, the legislative body shall include,
within the resolution fixing the amount of the assessment, an
explanation for the increase over the estimated cost of the project.
In no case shall the amount of the assessment exceed the maximum
assessment stated in the report, as filed, modified, or corrected.
Resolutions adopted pursuant to this section shall be final as to all
persons, and the assessment fixed shall be thereby levied upon the
respective subdivisions of land in the assessment district.
10360. This chapter provides an alternative procedure for
authorizing assessments pursuant to this division. It is not intended
to alter or restrict authority to authorize assessments pursuant to
other provisions of this division in any way. This chapter does not
apply to proceedings to finance public facilities unless 80 percent
or more of the district is developed for residential, commercial, or
industrial use at the time that proceedings are commenced. This
chapter shall not be used for the acquisition of existing works,
appliances, or property except insofar as the acquisition is
incidental to a proposed improvement not already installed.
10362. All provisions of this division shall apply to proceedings
pursuant to this chapter, except as expressly provided in this
chapter.
10364. For purposes of proceeding under this chapter, the report
prepared pursuant to Section 10204 shall contain the following
elements instead of those specified in Section 10204:
(a) A general description of the proposed project. Detailed plans
and specifications need not be included in the report.
(b) A general description of works or appliances already installed
and any other property necessary or convenient for the operation of
the improvement, if the work, appliance, or property is to be
acquired as part of the improvement. Acquisitions are subject to the
limitation specified in Section 10360.
(c) An estimate of the costs of the improvement and of the cost of
lands, rights-of-way, easements, and incidental expenses in
connection with the improvement. If the legislative body, in the
resolution of intention, ordered that private utility damages be
included in the assessment, the report shall contain an estimate of
private utility damages. In addition to the estimate of the likely
cost of the project, the report shall state a maximum cost of the
project and any private utility damages. If the legislative body, in
the resolution of intention, declared its intention to levy an
assessment for the maintenance, repair, or improvement of the work,
system, or facility, the report shall contain an estimate of the
amount of this assessment for each of the first five years during
which the assessment would be levied.
(d) A diagram showing the assessment district and the boundaries
and dimensions of the subdivisions of land within the district as
they existed at the time of the passage of the resolution of intent.
Each subdivision, including each separate condominium interest as
defined in Section 783 of the Civil Code, shall be given a separate
number upon the diagram.
(e) A proposed assessment of a percentage share of the cost and
expense of the proposed improvement upon each subdivision of real
property in the district in proportion to the estimated benefits to
be received by those subdivisions, respectively, from the
improvement. The amount of the proposed assessment against each
subdivision of real property, assuming the improvement costs and
expenses are the amount estimated in subdivision (c) and assuming the
project costs and expenses are the maximum amount stated in
subdivision (c). When any portion or percentage of the cost and
expenses of the improvement is ordered to be paid out of the treasury
of the municipality, pursuant to Section 10201, the amount of that
portion or percentage shall first be deducted from the total
estimated costs and expenses of the improvement and from the maximum
costs and expenses of the project, and the assessment upon property
proposed in the report shall include only the remainder of the
estimated costs and expenses. The assessment shall refer to the
subdivisions by their respective numbers as assigned pursuant to
subdivision (d).
10366. (a) For purposes of proceeding under this chapter, the
notice shall contain the following elements:
(1) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report.
(2) A statement of the total estimated cost of the proposed
improvement and of the maximum cost of the improvement.
(3) The estimated and maximum amounts, as shown by the report, to
be assessed against the particular parcel covered by the notice.
(4) A statement that any person interested may file a protest in
writing as provided in this division.
(b) If new, increased, or extended assessments are proposed, the
legislative body shall comply with the notice, protest, and hearing
procedures in Section 53753 of the Government Code.
10368. For purposes of proceeding under this chapter, the
assessment shall be confirmed as follows instead of the procedure
specified in Section 10312.
When upon the hearing the proposal to assess is confirmed as
filed, modified, or corrected by resolution, the legislative body
shall order the proposed improvement to be made and declare its
action upon the report and assessment. After design work and plans
and specifications have been completed, and after contracts have been
let pursuant to Section 10501, the legislative body shall, by
resolution, fix the amount of the assessment, which shall be equal to
or less than the maximum assessment stated in the report prepared
pursuant to Section 10364, as filed, modified, or corrected. If the
amount of the assessment is more than the estimated cost of the
project stated in the report prepared pursuant to Section 10364, as
filed, modified, or corrected, the legislative body shall include,
within the resolution fixing the amount of the assessment, an
explanation for the increase over the estimated cost of the project.
In no case shall the amount of the assessment exceed the maximum
assessment stated in the report, as filed, modified, or corrected.
Resolutions adopted pursuant to this section shall be final as to all
persons, and the assessment fixed shall be thereby levied upon the
respective subdivisions of land in the assessment district.
10360. This chapter provides an alternative procedure for
authorizing assessments pursuant to this division. It is not intended
to alter or restrict authority to authorize assessments pursuant to
other provisions of this division in any way. This chapter does not
apply to proceedings to finance public facilities unless 80 percent
or more of the district is developed for residential, commercial, or
industrial use at the time that proceedings are commenced. This
chapter shall not be used for the acquisition of existing works,
appliances, or property except insofar as the acquisition is
incidental to a proposed improvement not already installed.
10362. All provisions of this division shall apply to proceedings
pursuant to this chapter, except as expressly provided in this
chapter.
10364. For purposes of proceeding under this chapter, the report
prepared pursuant to Section 10204 shall contain the following
elements instead of those specified in Section 10204:
(a) A general description of the proposed project. Detailed plans
and specifications need not be included in the report.
(b) A general description of works or appliances already installed
and any other property necessary or convenient for the operation of
the improvement, if the work, appliance, or property is to be
acquired as part of the improvement. Acquisitions are subject to the
limitation specified in Section 10360.
(c) An estimate of the costs of the improvement and of the cost of
lands, rights-of-way, easements, and incidental expenses in
connection with the improvement. If the legislative body, in the
resolution of intention, ordered that private utility damages be
included in the assessment, the report shall contain an estimate of
private utility damages. In addition to the estimate of the likely
cost of the project, the report shall state a maximum cost of the
project and any private utility damages. If the legislative body, in
the resolution of intention, declared its intention to levy an
assessment for the maintenance, repair, or improvement of the work,
system, or facility, the report shall contain an estimate of the
amount of this assessment for each of the first five years during
which the assessment would be levied.
(d) A diagram showing the assessment district and the boundaries
and dimensions of the subdivisions of land within the district as
they existed at the time of the passage of the resolution of intent.
Each subdivision, including each separate condominium interest as
defined in Section 783 of the Civil Code, shall be given a separate
number upon the diagram.
(e) A proposed assessment of a percentage share of the cost and
expense of the proposed improvement upon each subdivision of real
property in the district in proportion to the estimated benefits to
be received by those subdivisions, respectively, from the
improvement. The amount of the proposed assessment against each
subdivision of real property, assuming the improvement costs and
expenses are the amount estimated in subdivision (c) and assuming the
project costs and expenses are the maximum amount stated in
subdivision (c). When any portion or percentage of the cost and
expenses of the improvement is ordered to be paid out of the treasury
of the municipality, pursuant to Section 10201, the amount of that
portion or percentage shall first be deducted from the total
estimated costs and expenses of the improvement and from the maximum
costs and expenses of the project, and the assessment upon property
proposed in the report shall include only the remainder of the
estimated costs and expenses. The assessment shall refer to the
subdivisions by their respective numbers as assigned pursuant to
subdivision (d).
10366. (a) For purposes of proceeding under this chapter, the
notice shall contain the following elements:
(1) A statement of the time, place, and purpose of the hearing on
the resolution of intention and report.
(2) A statement of the total estimated cost of the proposed
improvement and of the maximum cost of the improvement.
(3) The estimated and maximum amounts, as shown by the report, to
be assessed against the particular parcel covered by the notice.
(4) A statement that any person interested may file a protest in
writing as provided in this division.
(b) If new, increased, or extended assessments are proposed, the
legislative body shall comply with the notice, protest, and hearing
procedures in Section 53753 of the Government Code.
10368. For purposes of proceeding under this chapter, the
assessment shall be confirmed as follows instead of the procedure
specified in Section 10312.
When upon the hearing the proposal to assess is confirmed as
filed, modified, or corrected by resolution, the legislative body
shall order the proposed improvement to be made and declare its
action upon the report and assessment. After design work and plans
and specifications have been completed, and after contracts have been
let pursuant to Section 10501, the legislative body shall, by
resolution, fix the amount of the assessment, which shall be equal to
or less than the maximum assessment stated in the report prepared
pursuant to Section 10364, as filed, modified, or corrected. If the
amount of the assessment is more than the estimated cost of the
project stated in the report prepared pursuant to Section 10364, as
filed, modified, or corrected, the legislative body shall include,
within the resolution fixing the amount of the assessment, an
explanation for the increase over the estimated cost of the project.
In no case shall the amount of the assessment exceed the maximum
assessment stated in the report, as filed, modified, or corrected.
Resolutions adopted pursuant to this section shall be final as to all
persons, and the assessment fixed shall be thereby levied upon the
respective subdivisions of land in the assessment district.
