SECTIONS 1160-1197

1160.  As used in this article: (a) "Division" means permanent road division. (b) "Last equalized assessment roll" means the last assessmentroll made up by the county assessor, including the changes ordered bythe board of supervisors sitting as a board of equalization. (c) "Highway" means any county road or highway or any publicroadway right of way or any private easement or roadway not acceptedor acceptable into the county highway system but upon which apermanent public easement is offered or any privately owned roadwhich meets the requirements of and in connection with which thenecessary findings of Section 969.5 of this code can be made.1160.5.  This article shall be known and may be cited as thePermanent Road Division Law.1161.  Any portion of a county, not already contained in a division,may be formed into a division under the provisions of this article.When formed, each division shall have the powers enumerated in thisarticle. For the purpose of this article, a city is not a division,but may be included in a division.1162.  A petition for the formation of a division may be presentedto the board of supervisors of the county wherein the division isproposed to be formed. The petition shall contain: (a) The name of the proposed division. (b) The signatures of at least a majority of the landowners withinthe proposed division or the signatures of owners of more than 50percent of the assessed valuation within the division. (c) The boundaries of the proposed division. (d) The number of acres therein and the assessed valuation of suchacreage according to the last equalized assessment roll of thecounty. (e) The value of the improvements on real estate and of thepersonal property within the proposed division according to the lastequalized assessment roll. (f) The number of inhabitants therein, as nearly as can beascertained. (g) A particular description of the location of any highway whichit is desired to construct, improve or permanently maintain ormaintain for a specified number of years, in the event of which suchlimited period of maintenance the period thereof shall be shown and astatement showing the necessity for such work.1162.5.  (a) In lieu of submission of a petition pursuant to Section1162, formation of a division may be initiated by a resolution ofthe board of supervisors. The resolution shall meet all therequirements of Section 1162 except those relating to signatures oflandowners. In addition, the resolution shall fix a time and placefor a public hearing on the establishment of the proposed divisionwhich shall not be less than 30 nor more than 60 days after theadoption of the resolution. (b) The clerk of the board of supervisors shall publish a noticeof the hearing pursuant to Section 6061 of the Government Code in anewspaper of general circulation published in the county, or, ifthere is no newspaper published in the county, in a newspaper ofgeneral circulation which is circulated in the territory proposed tobe included within the division. Publication shall be complete atleast seven days prior to the date of the hearing. The notice shallcontain the text of the resolution, the time and place for thehearing, and a statement that at the hearing the testimony of allinterested persons for or against the establishment of the divisionwill be heard. At least 20 days before the date set for the hearing, the clerk ofthe board of supervisors shall mail copies of the notice to allaffected landowners whose names appear on the last equalizedassessment roll. (c) At the hearing, protests against the establishment of thedivision may be made orally or in writing by any interested person.Any protests pertaining to the regularity or sufficiency of theproceedings shall be in writing and clearly set forth theirregularities and defects to which objection is made. All writtenprotests shall be filed with the clerk of the board of supervisors onor before the time fixed for the hearing and may be withdrawn inwriting at any time before the conclusion of the hearing. The boardmay waive any irregularities in the form or content of any writtenprotest and at the hearing may correct minor defects in theproceedings. (d) If written protests are received from at least 25 percent butnot more than 50 percent of the affected landowners, or landownerswho would be required to pay any proposed special tax or parcelcharge which represents more than 25 percent of the total amount ofthe expected revenue necessary to finance the division, and thoseprotests are not withdrawn by the end of the hearing, the proposeddivision shall be submitted to the landowners for majority voterapproval. If written protests are received from 50 percent or more of theaffected landowners, or landowners who would be required to pay anyproposed special tax or parcel charge which represents more than 50percent of the total amount of the expected revenue necessary tofinance the division and those protests are not withdrawn by the endof the hearing, the proposed division shall be abandonded for atleast one year. (e) The board of supervisors may conduct, by mail, any electionheld to approve or disapprove a proposed division. (f) If no election is required pursuant to subdivision (d), thedivision may be formed pursuant to Section 1166. (g) If an election is required pursuant to subdivision (d), theboard of supervisors may include on the same ballot the question ofwhether a special tax shall be levied within the division. The boardof supervisors may submit the question of levy of a special tax tothe voters separately from the question of formation of the division,or may consolidate both questions into a single measure. Sections1173 to 1178, inclusive, are applicable to an election held pursuantto this subdivision.1162.6.  (a) Notwithstanding any other provision of this chapter,the board of supervisors may form a permanent road division withoutreference to a specific permanent road project. The division mayinclude the entire unincorporated area of the county. The board maycreate zones within the division for specific permanent roadprojects, with differing special taxes or parcel charges. Parcelcharges shall be deemed to be assessments within the meaning ofArticle XIII D of the California Constitution. (b) Formation of the division shall be initiated by resolution ofthe board of supervisors that sets a time and date for a hearing onthe matter. Notice of the hearing shall be given pursuant to Section6061 of the Government Code in a newspaper of general circulationpublished in the county, or, if there is no newspaper of generalcirculation published in the county, in a newspaper of generalcirculation that is circulated within the territory proposed to beincluded within the division. Publication shall be complete at leastseven days prior to the hearing. (c) At the hearing, the board of supervisors shall hear allobjections to the establishment of the division and shall determinewhether to form the division. (d) Proceedings to form a division or zones may be consolidatedwith an assessment ballot proceeding pursuant to Section 53753 of theGovernment Code.1163.  Such petition shall be accompanied by an affidavit statingthat affiant has compared the valuations given in the petition withthose on the last equalized assessment roll and that such valuationsare complete and correct. The affiant shall be a person over the ageof eighteen who is not a signatory to the petition and who owns notaxable property in the division.1164.  Such petition shall be published in the manner authorized bySection 1196, together with a notice stating the time of the meetingat which the board will consider the petition.1165.  Such petition shall be presented either at a regular meetingof the board or at a special meeting called to receive and considerit. On the day stated in the notice the board shall hear the petitionand may adjourn such hearing from time to time, but not longer thanone month in all.1166.  Following the hearing or election, as the case may be, theboard shall decide if the proposed division is to be formed. If theboard decides to form the division, it may make changes in theboundaries as it finds proper and shall define and establish theboundaries. The changes shall not include any territory outside ofthe boundaries described in the petition or resolution unless theboard has given at least 15 days' notice of its intention to includethat territory in the division. The notice shall be given bypublication, in the the manner authorized by Section 1196, and byleaving a copy of the notice at each place of abode in the outsideterritory.1167.  The boundaries established by the board shall be theboundaries of the division until such boundaries are changed in themanner provided in this article.1168.  If the board finds that the boundaries thus established forsuch division are incorrectly described, it shall direct the countysurveyor to ascertain and report a correct description of theboundaries in conformity with the orders of the board. At the firstregular meeting of the board after the filing of the county surveyor's report, the board shall cause to be published, in the mannerauthorized by section 1196, a notice that the report will beconsidered at the next regular meeting of the board, stating the day.At the appointed meeting the board shall ratify the report of thesurveyor, with such modifications as the board considers necessary.The boundaries established pursuant to this section shall be thelegal boundaries of the division.1168.5.  Any landowner whose property is located within the divisionmay file a verified petition with the board alleging that theproperty will not be benefited by any construction, improvement, ormaintenance project proposed to be undertaken by the division. In such case, the board shall set the petition for hearing. Noticeof the hearing shall be published in accordance with Section 1196.If, after hearing all of the evidence introduced at such hearing, theboard finds and determines that the property will not, in fact, bebenefited by the proposed project to be undertaken by the divisionand if there are no outstanding obligations owed by the landowner tothe division, the board may order the property withdrawn and theboundaries modified accordingly. Thereafter, the boundaries asmodified shall be the legal boundaries of the division.1168.7.  The board may hold a hearing to determine if any propertylocated outside of a division will benefit from any construction,improvement, or maintenance project proposed to be undertaken by thedivision. Notice of the hearing shall be published in accordance withSection 1196. Notice shall also be mailed by the board, at least 10days prior to the hearing, to all landowners whose property locatedoutside of the division may benefit from the proposed project. Thefailure to mail any notice, or the failure of any person to receivesuch notice, shall not affect the validity of any action taken by theboard under this section. If, after hearing all of the evidence introduced at the hearing,the board finds and determines that property located outside of thedivision will benefit from the project proposed to be undertaken bythe division, the board may order the boundaries of the division tobe modified so as to include such property. Thereafter, theboundaries as modified shall be the legal boundaries of the division.1168.8.  (a) Property may be annexed to or detached from a permanentroad division in the same manner and under the same proceduresprovided in Sections 1162 to 1168, inclusive, for the formation of adivision. Any reference to "proposed division" in any of thesesections shall be deemed to be a reference to the area proposed forannexation to or detachment from the existing division. (b) If the board finds that the proposed annexation or detachmentshould occur, with or without modification, the board may byresolution declare the change to be made and establish a date uponwhich the boundaries of the division, as amended, shall becomeeffective. (c) Property annexed to a division in which bonds are outstandingfor work performed pursuant to this article shall not be deemed to beproperty in the division for the purpose of Section 1184. (d) Property detached from a division in which bonds areoutstanding for work done pursuant to this article shall be deemed tobe property in the division for purposes of Section 1184 until thebonds are retired. (e) This section is alternative to any other provision of thisarticle providing for a change in boundaries of a permanent roaddivision.1168.9.  (a) The board may order two or more divisions consolidatedif the board finds that their boundaries are contiguous at any pointor that a consolidated program of construction, improvement, ormaintenance will reduce the costs of or increase the efficiency ofproviding highway construction, improvement, or maintenance. (b) Property within a division proposed to be consolidated withanother division and in which bonds are not outstanding for workperformed pursuant to this article shall not be deemed to be propertyin the division for the purpose of Section 1184 as it applies to theconsolidated division.1169.  At, or at any time after, the time of forming a division, any10 or more freeholders thereof may petition the board to have plansprepared for the construction, improvement, or maintenance of all orany part of any highway lying within the division, whether or notsuch highway is mentioned in the petition for the formation of thedivision. In the event that there are 10 or fewer freeholdersthereof, such petition will be sufficient if it bears the signaturesof at least a majority of the landowners within the proposed divisionand the signatures of owners of more than 50 percent of the assessedvaluation within the division.1170.  Such petition for construction or improvement shall state ifappropriate: (a) The recommendations of the petitioners as to the materials tobe used and the manner of constructing or improving such highway. (b) An estimate of the probable expense of such work. (c) A request that the board appropriate for such work a specifiedsum of money from the road fund of the county. (d) A request that the board appropriate for such work a specifiedsum of money from the road district funds of the road districts inwhich any part of the division is located. (e) A request that, in order to raise the balance necessary forsuch work, a special tax be levied or bonds of the division beissued. (f) A request that annually for the period for which maintenanceis proposed the board levy a special tax upon the division in amountsufficient for maintenance and annually appropriate such amount formaintenance purposes.1171.  Upon receiving such petition the board shall cause to beprepared estimates, plans, and specifications for the work mentionedin the petition exclusive of maintenance, and for any other highwayor work which the board considers a necessary part of the highwaymentioned in the petition.1172.  When it has adopted plans and specifications for such workexclusive of maintenance, the board may set apart therefor from theroad fund of the county, and from the funds of any district of whichthe division is a part, such sums as the board considers equitable. The board shall not set apart from the funds of any such districtless than 75 percent of the sum which bears the same ratio to thewhole fund of the particular district as the assessed valuation ofthat part of the division lying in the district bears to the wholeassessed valuation of the district. The board may set apart more thanthis percentage. The board shall cause the sums to be set apart in afund known as the "permanent road fund of ____ division," specifyingthe division by name.1173.  When a special tax is petitioned for, the board shallimmediately order an election within the division to determinewhether such tax will be levied. The board may submit to the electorsat such election the question whether the balance of the estimatedcost of the proposed work will be raised by a special tax in one yearor spread equally over 2, 3, 4, 5, 6, 7, 8, 9, or 10 successiveyears and whether the amount annually estimated to be needed formaintenance will be raised by the annual levy of a special tax forthe period appropriate to the period indicated in the petition. Theelectorate at such an election shall consist of the registered votersresiding within the boundaries of the division if there are 10 ormore registered voters residing within the division at the time ofordering the election or if there are less than 10 registered voterswithin the boundaries of the division at the time of ordering theelection the electorate shall consist of the legal owners of the landlying within the boundaries of such division as shown on the lastequalized assessment roll unless proof of transfer of legal titlesatisfactory to the board is submitted to the board at least 10 daysprior to the date of election in which event the transferee shall bean elector in the place and stead of the transferor unless thetransferor is the legal owner of other property within the boundariesof the division.1174.  The board shall call such election by posting notices in themanner provided in section 1195, and by publishing notice of theelection in the manner authorized by section 1196.1175.  Such notice of election shall contain: (a) The time and place of holding the election. (b) The amount of money proposed to be raised for construction orimprovement. (c) The purpose for which such money is to be used, including abrief description of the proposed work and materials to be used. (d) Whether it is proposed to raise the amount in one or moreyears, stating the number of years and the amount to be raised eachyear. (e) Whether it is proposed to levy a tax annually for maintenanceand for what period any such tax is proposed.1176.  For the purposes of this election, the board shall establish,by order, one or more precincts and appoint three judges for eachprecinct to conduct the election. The election shall be conducted asnearly as practicable in conformity with the general election laws,but no particular form of ballot need be used. The ballots shallcontain the words "Tax--Yes" and "Tax--No". No informality inconducting the election shall invalidate the election if it wasotherwise fairly conducted.1177.  The officers of the election shall certify the result of theelection to the board, giving the whole number of votes cast, and thenumber for and the number against the tax. If the majority isagainst the tax, the money transferred to the fund of such divisionshall revert to the funds from which it was taken.1178.  If two-thirds of the votes cast are for the tax, the boardshall annually, at the time of levying the county taxes, levy aspecial tax in the division sufficient to raise the amount voted forthe current fiscal year, sufficient to meet estimated costs ofmaintenance for the current fiscal year, and sufficient to reimbursethe county for any expenses recoverable under Section 1197.1178.5.  When the levy of a special tax has been authorized, theboard of supervisors may advance to the permanent road division thedivision's share of the cost of the improvements or the board ofsupervisors may determine to proceed with such work at such time asthe estimated expense has been raised by taxes levied within thedivision.1179.  The tax so levied shall be collected in the same manner ascounty taxes and, when collected, shall be paid into the countytreasury for the use of the division in which the tax is collected.1179.5.  In lieu of, or in addition to, any special tax leviedpursuant to Section 1178, the board may fix and collect parcelcharges for any permanent road division pursuant to the assessmentballot procedures in Section 53753 of the Government Code.1179.6.  (a) In addition to any other authority granted under thisarticle, the board may issue bonds, notes, or other evidences ofindebtedness on behalf of a permanent road division or a zone tofinance capital improvements for a term of not more than 10 years, tobe repaid solely from special taxes or parcel charges levied withinthe division or zone. (b) The provisions of Sections 53356.1 to 53356.6, inclusive, ofthe Government Code shall apply within the division or zone withregard to the collection of the special taxes or parcel charges andto the foreclosure of liens when the board has issued bonds, notes,or other evidences of indebtedness on behalf of the division or zone.1180.  If the petition proposing the work asks for the issuance ofbonds of the division, the board shall call an election in suchdivision and submit to the electors thereof the question whether thebonds of the division shall be issued. The board shall call suchelection by posting notices in the manner provided in section 1195and by publishing notice thereof in the manner provided in section1196.1181.  The notice of election shall contain: (a) The time and place of holding the election. (b) The boundaries of the election districts. No election precinctshall be partly in each of two or more districts. (c) The names of three judges for each election district, toconduct the election. (d) The hours, which shall not be less than eight, during whichthe polls will be open. (e) The amount and denomination of the bonds, the rate ofinterest, and the greatest number of years for which thelast-maturing bonds will run. (f) The purpose for which the proceeds of the bonds are to beused, including a brief description of the proposed work and thematerials to be used. (g) The signature of the chair of the board, attested by the clerkof the board of supervisors.1182.  The election shall be conducted as nearly as practicable inaccordance with the general election laws, but no particular form ofballot need be used. No informality in conducting the election shallinvalidate the election if it was otherwise fairly conducted. At suchelections the ballots shall contain the words "Bond--Yes" and"Bond--No."1183.  The officers of the election shall certify the result of theelection to the board, giving the whole number of votes cast and thenumber for and the number against the bonds. If two-thirds of thosevoting on the proposition are in favor of issuing the bonds, theboard shall cause an entry of that fact to be made upon the minutesof the board.1184.  The board may then issue the bonds of the division to thenumber and amount provided for in the election proceedings. The bondsshall be payable out of the funds of the division, and the money forthe redemption of and the interest on the bonds shall be raised bytaxation upon the property in the division. The total amount of bondsso issued shall not exceed fifteen per cent of the taxable propertyof the division as shown by the last equalized assessment roll of thecounty.1185.  The board, by an order entered upon its minutes, shallprescribe all of the following: (a) The form of the bonds. (b) The time when the bonds become due, not exceeding 40 yearsfrom the date thereof. (c) The rate of interest the bonds shall bear, not exceeding themaximum rate permitted by law.1186.  The interest on the bonds shall be payable annually. Eachbond and each coupon shall bear the signature or facsimile printedsignature of the chair of the board and of the clerk of the board ofsupervisors. The county treasurer shall, after reasonable notice,sell the bonds to the highest and best bidder, but not for less thanpar plus any accrued interest.1187.  If, at the election on the question of whether or not bondsare to be issued, the bonds are not authorized, the money transferredto the fund of the division shall revert to the funds from which itwas taken.1188.  The board shall cause the highway work provided for in thisarticle to be done in accordance with the provisions of Sections20391 to 20395, inclusive, of the Public Contracts Code, except thatthe notice calling for bids shall be published in a newspaperpublished in the division if there is such a newspaper. Thesuccessful bidder shall deposit a bond in the amount the boardrequires, conditioned on the faithful performance of the contract andon the payment for all labor employed and all material used in thework.1189.  Before opening the bids for doing any work provided for inthis article, the board may appoint such inspectors as it considersnecessary and fix their compensation, or may proceed as provided ineither section 1075 or section 1191. Such compensation shall be paidout of the funds of the division. Such inspectors shall: (a) Inspect from time to time the work being done under thecontract. (b) File with the board at least once a month reports on themanner in which the contractor is performing the work, setting forthin detail any objections they or any of them have to the manner inwhich the work is being done, with recommendations as to changesdesirable and provided for in the plans and specifications. (c) State in each report the amount of unsatisfactory work doneduring the period for which the report is made, and estimate thevalue thereof.1190.  The board shall make no payment on account of work which isreported by the inspectors to be unsatisfactory, until the objectionsare investigated and determined to be unfounded, or until thecontractor has performed the work in strict compliance with the plansand specifications.1191.  In lieu of the appointment of inspectors as provided insection 1189, or in lieu of proceeding pursuant to section 1075, theboard may employ an engineer who shall prepare plans andspecifications, supervise the work, and perform such other servicesas the board requires.1192.  From time to time as the work progresses, the board may makepayments on account, but shall not, before the completion of thecontract, pay more than seventy-five per cent of the contract priceof the amount completed. The board shall not make final payment untilthe work is accepted by the board.1193.  Any money in the fund of the division, after completion of,and final payment for, the work contracted for, shall remain in suchfund and be expended solely in maintaining the highways of thatdivision.1194.  On payment of all debts of the division or on the failure ofthe division within two years after formation to vote a special taxor bonds for any proposed work, the division shall cease to exist,unless the division also exists for the purpose of maintenance.1194.5.  A permanent road division formed for the purpose ofmaintenance that has ceased to exist as a result of the amendmentsmade to Section 1194 by Section 3 of Chapter 1025 of the Statutes of1969 may be reinstated as an active and functioning division uponorder of the board of supervisors adopted by resolution, if the boardfinds that the necessity for maintenance work within the divisioncontinues to exist and any limited period of maintenance set forth inthe petition for the formation of the division has not expired.1195.  The board shall cause the notices, which are required to beposted by sections 1174 and 1180, to be posted at least fifteen daysbefore the election along every highway proposed to be constructed orimproved, at distances not more than one mile apart, and not lessthan three such notices.1196.  The board shall cause all publications, required by thisarticle, particularly sections 1164, 1166, 1168, 1174 and 1180, inany proceeding or election, to be published in a newspaper publishedwithin the division, if any newspaper is published therein. If thereis no newspaper published within the division, the board shall causesuch publication to be made in a newspaper published within thecounty and considered by the board best adapted to give notice to theresidents of the division. One publication each week for threesuccessive weeks shall be a sufficient publication under thisarticle, the last publication to be not less than seven days prior tothe event of which the publication is notice.1197.  The expenses of organizing a division, conducting anynecessary election, and providing engineering services, pursuant tothis article, shall be a county charge payable out of the countygeneral fund. If a division is formed and a tax levy authorized orparcel charge imposed, the expenses shall be recovered by the countyfrom the funds of the division.