5360. After the contractor has fulfilled his contract to the
satisfaction of the street superintendent, or the engineer if such
power has been delegated to him, the superintendent or engineer, as
the case may be, shall forthwith make an assessment to cover the sum
due for the work performed and specified in the contract, including
all incidental expenses, in conformity with the provisions of this
part according to the character of the work done, and in the event an
acquisition is included in the proceeding, including the amount then
estimated by the street superintendent or engineer as the case may
be, as the cost of the acquisition.
5360.2. The street superintendent in making an assessment shall
deduct from the total costs and expenses of the work any
contributions authorized to be paid pursuant to Chapter 2.5
(commencing at Section 5125) of Part 3.
5360.3. In assessing land, credit may be given for dedications and
for improvements constructed at private expense.
5361. The assessment shall briefly refer to the contract, the work
contracted for and performed, and shall show the amount to be paid
therefor, together with all incidental expenses, the amount of each
assessment against each lot or portion of a lot, the number of each
lot or portion or portions of a lot so assessed, the additional
information required by subdivision (b) of Section 53753 of the
Government Code, and shall have attached thereto a diagram exhibiting
each street or street crossing, place, property or rights of way on
which any work has been done, showing the relative location of each
lot or portion of lot to the work done, numbered to correspond with
the numbers of the assessments.
5362. The assessment shall be filed with the clerk. The clerk shall
give notice of the filing of the assessment and of a time to be
therein fixed by the clerk when all persons interested in the work
done or in the assessment will be heard by the legislative body. The
notice shall be posted and in addition be published. The first
publication shall be not less than 15 days before the time fixed for
the hearing.
5363. Such notice shall also be given by mail.
5364. Such notice shall designate the property within the
assessment district belonging to the owner by street number, or some
other description sufficient to enable the property owner to identify
the property, include a statement of the amount proposed to be
assessed against such property, and state the name and telephone
number of a local department or agency designated by the legislative
body to answer inquiries regarding the making of an appeal pursuant
to Section 5366.
5365. Reference shall be made in the notices required by this
chapter to the resolution of intention and the date of its passage
for a description of the work therein mentioned and no other
description thereof shall be necessary.
5366. The owners, the contractor, or his assigns, and all other
persons interested in any work done under this division, or in the
assessment, feeling aggrieved by any act or determination of the
superintendent of streets or engineer in relation thereto, or who
claim that the work has not been performed according to the contract
in a good and substantial manner or who claim that any portion of the
work for any reason was omitted or illegally included in the
contract or having or making any objection to the correctness of the
assessment or diagram or other act, determination or proceedings of
the superintendent of streets or engineer, shall prior to the day
fixed for the hearing upon the assessment appeal to the legislative
body by briefly stating in writing the grounds of appeal. Any
objection, appeal or protest not made at the time and in the manner
hereinabove provided shall be deemed to be waived voluntarily by any
person who might have made such appeal, protest or objection, and
such person shall be deemed to have consented to the proposed
assessment and any other matter on which objection, protest or appeal
could be made.
5367. Upon such appeal, the legislative body may remedy and correct
any error or informality in the proceedings, and revise and correct
any of the acts or determinations of the street superintendent or
engineer relative to said work; may confirm, amend, alter, modify or
correct the assessment or diagram in such manner as to it shall seem
just, and require the work to be completed according to the
directions of the legislative body; and may instruct and direct the
street superintendent to correct the warrant, assessment, or diagram
in any particular.
5368. All the decisions and determinations of the legislative body,
upon notice and hearing as aforesaid, shall be final and conclusive
upon all persons entitled to appeal to the legislative body, as to
all errors, informalities, and irregularities which the legislative
body might have avoided, or have remedied during the progress of the
proceedings or which it can at that time remedy.
5369. No assessment, warrant, or diagram, and no proceedings prior
to the assessment, shall be held invalid by any court for any error,
informality, or other defect in the same, where the resolution of
intention of the legislative body to do the work, has been actually
published as provided in this division. When no appeal is taken or
when the orders and determinations of the legislative body upon
appeal have been complied with, and the legislative body is satisfied
with the correctness of the assessment, the legislative body shall
forthwith confirm the proceedings and the assessment and the street
superintendent shall attach thereto a warrant bearing the date of
such confirmation.
5370. Whenever the resolution of intention declares that a
contribution of labor or of labor and any portion of materials,
supplies or equipment for the proposed work will be made by any
local, State or National agency or authority, an assessment shall be
made to cover the sum due for furnishing the materials, supplies or
equipment as specified in the contract including all incidental
expenses. In all other particulars the assessment shall be made in
conformity with this part relating to district assessments. However,
if all of the work described in the resolution of intention is not
completed because the agency or authority ceases to furnish the labor
provided for in the resolution of intention, for a period of 90
days, the street superintendent shall notify the legislative body of
such cessation in writing. The legislative body may by resolution
declare the contract terminated and order the superintendent of
streets to make the assessment to cover the portions of work
completed and incidental expenses incurred, in accordance with the
benefits to be received by each of the several lots or parcels of
land in the district, pursuant to the provisions of this part
relating to district assessments.
5371. To the assessment shall be attached a warrant, which shall be
signed by the superintendent of streets, and countersigned by the
mayor or the city clerk. The warrant shall be substantially in the
following form:
By virtue hereof, I (name of the superintendent of streets), of
the City of ______, County of ______ (or County or City and County of
______), State of California, by virtue of the authority vested in
me as said superintendent of streets, do authorize and empower (name
of contractor) (his or their) agents or assigns, to demand and
receive, the several assessments upon the assessment and diagram
hereto attached and this shall be (his or their) warrant for the
same.
Date:
__________________________________________
(Name of superintendent of streets)
Countersigned by (name of mayor or city clerk).
5372. The warrant, diagram and assessment shall be recorded in the
office of the superintendent of streets and in accordance with
Section 5372.1 and may be recorded at any hour of the calendar day.
Immediately thereafter the clerk shall record a notice of assessment,
as provided for in Section 3114, whereupon, as provided in Section
3115, said assessment shall attach as a lien upon the property
assessed.
5372.1. No assessment or bond hereafter levied or issued shall
become a lien and no person shall be deemed to have notice thereof
until a certified copy of the assessment and the diagram attached
thereto shall be recorded in the office of the county surveyor if the
improvement district or any part thereof is in unincorporated
territory and with the superintendent of streets of the city or
cities if the improvement district or any part thereof is in
incorporated territory.
5372.5. Upon the confirmation of the assessment by the legislative
body, the clerk shall furnish the superintendent of streets with a
list containing each assessment or parcel number, as shown on said
recorded assessment, and the name and address of the owner or owners
of the real property represented by each such number, as shown on the
last equalized assessment roll or as on file in the office of the
clerk. Such list shall be delivered to the contractor, or his agent
or assigns, at the same time and under the same conditions as the
delivery of the warrant, assessment and diagram, pursuant to Section
5374.
5373. The lien, whether bonds issued to represent the assessment or
otherwise, shall be subordinate to all fixed special assessment
liens previously imposed upon the same property, but it shall have
priority over all fixed special assessment liens which may thereafter
be created against the property; and from and after the date of the
recording of any warrant, assessment and diagram, all persons shall
be deemed to have notice of the contents thereof.
The holder of a subordinate assessment or a bond representing a
subordinate assessment shall have the rights of an inferior
lienholder as provided in Section 2904 of the Civil Code.
5374. The lien of a reassessment and a refunding assessment shall
have the same priority as the original assessment to which it
relates. A supplemental assessment is a new assessment.
5374.1. The amount of any contribution for the cost and expenses of
the work shall be paid by the city to the contractor, or his agent,
or assigns, upon delivery of the warrant, assessment and diagram, or
prior to said delivery, may be paid in installments, for work
completed, during the progress of the work. Notice that there will be
progress payments must appear in the invitation for bids.
5375. After the warrant, assessment and diagram are recorded, the
same shall be delivered to the contractor, or his agent or assigns,
on demand, but not until after the payment to the superintendent of
streets of the incidental expenses not previously paid by the
contractor, his agent or his assigns, including the amount by which
the amount included in the assessment as the cost of any acquisition
exceeds the amount previously demanded of the contractor therefor,
but with proper credit to the contractor in the event there was
included in the assessment as the cost of any acquisition, an amount
less than the amount demanded of the contractor therefor at the time
of the execution of the contract pursuant to Section 5256; provided,
however, that when the superintendent of streets has, by ordinance,
been authorized and directed to receive payments pursuant to Section
5396 of this division said warrant shall not be delivered to said
contractor or assigns nor shall such contractor or assigns be
entitled to receive payment of assessments by virtue of said warrant
within 30 days from the recordation of said warrant.
5375.1. Notwithstanding the provisions of Section 5375 the
legislative body may waive the requirement that the contractor, or
his agent, or assigns pay the expenses incidental to the cost of the
work, or work and acquisition paid for by contribution.
5360. After the contractor has fulfilled his contract to the
satisfaction of the street superintendent, or the engineer if such
power has been delegated to him, the superintendent or engineer, as
the case may be, shall forthwith make an assessment to cover the sum
due for the work performed and specified in the contract, including
all incidental expenses, in conformity with the provisions of this
part according to the character of the work done, and in the event an
acquisition is included in the proceeding, including the amount then
estimated by the street superintendent or engineer as the case may
be, as the cost of the acquisition.
5360.2. The street superintendent in making an assessment shall
deduct from the total costs and expenses of the work any
contributions authorized to be paid pursuant to Chapter 2.5
(commencing at Section 5125) of Part 3.
5360.3. In assessing land, credit may be given for dedications and
for improvements constructed at private expense.
5361. The assessment shall briefly refer to the contract, the work
contracted for and performed, and shall show the amount to be paid
therefor, together with all incidental expenses, the amount of each
assessment against each lot or portion of a lot, the number of each
lot or portion or portions of a lot so assessed, the additional
information required by subdivision (b) of Section 53753 of the
Government Code, and shall have attached thereto a diagram exhibiting
each street or street crossing, place, property or rights of way on
which any work has been done, showing the relative location of each
lot or portion of lot to the work done, numbered to correspond with
the numbers of the assessments.
5362. The assessment shall be filed with the clerk. The clerk shall
give notice of the filing of the assessment and of a time to be
therein fixed by the clerk when all persons interested in the work
done or in the assessment will be heard by the legislative body. The
notice shall be posted and in addition be published. The first
publication shall be not less than 15 days before the time fixed for
the hearing.
5363. Such notice shall also be given by mail.
5364. Such notice shall designate the property within the
assessment district belonging to the owner by street number, or some
other description sufficient to enable the property owner to identify
the property, include a statement of the amount proposed to be
assessed against such property, and state the name and telephone
number of a local department or agency designated by the legislative
body to answer inquiries regarding the making of an appeal pursuant
to Section 5366.
5365. Reference shall be made in the notices required by this
chapter to the resolution of intention and the date of its passage
for a description of the work therein mentioned and no other
description thereof shall be necessary.
5366. The owners, the contractor, or his assigns, and all other
persons interested in any work done under this division, or in the
assessment, feeling aggrieved by any act or determination of the
superintendent of streets or engineer in relation thereto, or who
claim that the work has not been performed according to the contract
in a good and substantial manner or who claim that any portion of the
work for any reason was omitted or illegally included in the
contract or having or making any objection to the correctness of the
assessment or diagram or other act, determination or proceedings of
the superintendent of streets or engineer, shall prior to the day
fixed for the hearing upon the assessment appeal to the legislative
body by briefly stating in writing the grounds of appeal. Any
objection, appeal or protest not made at the time and in the manner
hereinabove provided shall be deemed to be waived voluntarily by any
person who might have made such appeal, protest or objection, and
such person shall be deemed to have consented to the proposed
assessment and any other matter on which objection, protest or appeal
could be made.
5367. Upon such appeal, the legislative body may remedy and correct
any error or informality in the proceedings, and revise and correct
any of the acts or determinations of the street superintendent or
engineer relative to said work; may confirm, amend, alter, modify or
correct the assessment or diagram in such manner as to it shall seem
just, and require the work to be completed according to the
directions of the legislative body; and may instruct and direct the
street superintendent to correct the warrant, assessment, or diagram
in any particular.
5368. All the decisions and determinations of the legislative body,
upon notice and hearing as aforesaid, shall be final and conclusive
upon all persons entitled to appeal to the legislative body, as to
all errors, informalities, and irregularities which the legislative
body might have avoided, or have remedied during the progress of the
proceedings or which it can at that time remedy.
5369. No assessment, warrant, or diagram, and no proceedings prior
to the assessment, shall be held invalid by any court for any error,
informality, or other defect in the same, where the resolution of
intention of the legislative body to do the work, has been actually
published as provided in this division. When no appeal is taken or
when the orders and determinations of the legislative body upon
appeal have been complied with, and the legislative body is satisfied
with the correctness of the assessment, the legislative body shall
forthwith confirm the proceedings and the assessment and the street
superintendent shall attach thereto a warrant bearing the date of
such confirmation.
5370. Whenever the resolution of intention declares that a
contribution of labor or of labor and any portion of materials,
supplies or equipment for the proposed work will be made by any
local, State or National agency or authority, an assessment shall be
made to cover the sum due for furnishing the materials, supplies or
equipment as specified in the contract including all incidental
expenses. In all other particulars the assessment shall be made in
conformity with this part relating to district assessments. However,
if all of the work described in the resolution of intention is not
completed because the agency or authority ceases to furnish the labor
provided for in the resolution of intention, for a period of 90
days, the street superintendent shall notify the legislative body of
such cessation in writing. The legislative body may by resolution
declare the contract terminated and order the superintendent of
streets to make the assessment to cover the portions of work
completed and incidental expenses incurred, in accordance with the
benefits to be received by each of the several lots or parcels of
land in the district, pursuant to the provisions of this part
relating to district assessments.
5371. To the assessment shall be attached a warrant, which shall be
signed by the superintendent of streets, and countersigned by the
mayor or the city clerk. The warrant shall be substantially in the
following form:
By virtue hereof, I (name of the superintendent of streets), of
the City of ______, County of ______ (or County or City and County of
______), State of California, by virtue of the authority vested in
me as said superintendent of streets, do authorize and empower (name
of contractor) (his or their) agents or assigns, to demand and
receive, the several assessments upon the assessment and diagram
hereto attached and this shall be (his or their) warrant for the
same.
Date:
__________________________________________
(Name of superintendent of streets)
Countersigned by (name of mayor or city clerk).
5372. The warrant, diagram and assessment shall be recorded in the
office of the superintendent of streets and in accordance with
Section 5372.1 and may be recorded at any hour of the calendar day.
Immediately thereafter the clerk shall record a notice of assessment,
as provided for in Section 3114, whereupon, as provided in Section
3115, said assessment shall attach as a lien upon the property
assessed.
5372.1. No assessment or bond hereafter levied or issued shall
become a lien and no person shall be deemed to have notice thereof
until a certified copy of the assessment and the diagram attached
thereto shall be recorded in the office of the county surveyor if the
improvement district or any part thereof is in unincorporated
territory and with the superintendent of streets of the city or
cities if the improvement district or any part thereof is in
incorporated territory.
5372.5. Upon the confirmation of the assessment by the legislative
body, the clerk shall furnish the superintendent of streets with a
list containing each assessment or parcel number, as shown on said
recorded assessment, and the name and address of the owner or owners
of the real property represented by each such number, as shown on the
last equalized assessment roll or as on file in the office of the
clerk. Such list shall be delivered to the contractor, or his agent
or assigns, at the same time and under the same conditions as the
delivery of the warrant, assessment and diagram, pursuant to Section
5374.
5373. The lien, whether bonds issued to represent the assessment or
otherwise, shall be subordinate to all fixed special assessment
liens previously imposed upon the same property, but it shall have
priority over all fixed special assessment liens which may thereafter
be created against the property; and from and after the date of the
recording of any warrant, assessment and diagram, all persons shall
be deemed to have notice of the contents thereof.
The holder of a subordinate assessment or a bond representing a
subordinate assessment shall have the rights of an inferior
lienholder as provided in Section 2904 of the Civil Code.
5374. The lien of a reassessment and a refunding assessment shall
have the same priority as the original assessment to which it
relates. A supplemental assessment is a new assessment.
5374.1. The amount of any contribution for the cost and expenses of
the work shall be paid by the city to the contractor, or his agent,
or assigns, upon delivery of the warrant, assessment and diagram, or
prior to said delivery, may be paid in installments, for work
completed, during the progress of the work. Notice that there will be
progress payments must appear in the invitation for bids.
5375. After the warrant, assessment and diagram are recorded, the
same shall be delivered to the contractor, or his agent or assigns,
on demand, but not until after the payment to the superintendent of
streets of the incidental expenses not previously paid by the
contractor, his agent or his assigns, including the amount by which
the amount included in the assessment as the cost of any acquisition
exceeds the amount previously demanded of the contractor therefor,
but with proper credit to the contractor in the event there was
included in the assessment as the cost of any acquisition, an amount
less than the amount demanded of the contractor therefor at the time
of the execution of the contract pursuant to Section 5256; provided,
however, that when the superintendent of streets has, by ordinance,
been authorized and directed to receive payments pursuant to Section
5396 of this division said warrant shall not be delivered to said
contractor or assigns nor shall such contractor or assigns be
entitled to receive payment of assessments by virtue of said warrant
within 30 days from the recordation of said warrant.
5375.1. Notwithstanding the provisions of Section 5375 the
legislative body may waive the requirement that the contractor, or
his agent, or assigns pay the expenses incidental to the cost of the
work, or work and acquisition paid for by contribution.
5360. After the contractor has fulfilled his contract to the
satisfaction of the street superintendent, or the engineer if such
power has been delegated to him, the superintendent or engineer, as
the case may be, shall forthwith make an assessment to cover the sum
due for the work performed and specified in the contract, including
all incidental expenses, in conformity with the provisions of this
part according to the character of the work done, and in the event an
acquisition is included in the proceeding, including the amount then
estimated by the street superintendent or engineer as the case may
be, as the cost of the acquisition.
5360.2. The street superintendent in making an assessment shall
deduct from the total costs and expenses of the work any
contributions authorized to be paid pursuant to Chapter 2.5
(commencing at Section 5125) of Part 3.
5360.3. In assessing land, credit may be given for dedications and
for improvements constructed at private expense.
5361. The assessment shall briefly refer to the contract, the work
contracted for and performed, and shall show the amount to be paid
therefor, together with all incidental expenses, the amount of each
assessment against each lot or portion of a lot, the number of each
lot or portion or portions of a lot so assessed, the additional
information required by subdivision (b) of Section 53753 of the
Government Code, and shall have attached thereto a diagram exhibiting
each street or street crossing, place, property or rights of way on
which any work has been done, showing the relative location of each
lot or portion of lot to the work done, numbered to correspond with
the numbers of the assessments.
5362. The assessment shall be filed with the clerk. The clerk shall
give notice of the filing of the assessment and of a time to be
therein fixed by the clerk when all persons interested in the work
done or in the assessment will be heard by the legislative body. The
notice shall be posted and in addition be published. The first
publication shall be not less than 15 days before the time fixed for
the hearing.
5363. Such notice shall also be given by mail.
5364. Such notice shall designate the property within the
assessment district belonging to the owner by street number, or some
other description sufficient to enable the property owner to identify
the property, include a statement of the amount proposed to be
assessed against such property, and state the name and telephone
number of a local department or agency designated by the legislative
body to answer inquiries regarding the making of an appeal pursuant
to Section 5366.
5365. Reference shall be made in the notices required by this
chapter to the resolution of intention and the date of its passage
for a description of the work therein mentioned and no other
description thereof shall be necessary.
5366. The owners, the contractor, or his assigns, and all other
persons interested in any work done under this division, or in the
assessment, feeling aggrieved by any act or determination of the
superintendent of streets or engineer in relation thereto, or who
claim that the work has not been performed according to the contract
in a good and substantial manner or who claim that any portion of the
work for any reason was omitted or illegally included in the
contract or having or making any objection to the correctness of the
assessment or diagram or other act, determination or proceedings of
the superintendent of streets or engineer, shall prior to the day
fixed for the hearing upon the assessment appeal to the legislative
body by briefly stating in writing the grounds of appeal. Any
objection, appeal or protest not made at the time and in the manner
hereinabove provided shall be deemed to be waived voluntarily by any
person who might have made such appeal, protest or objection, and
such person shall be deemed to have consented to the proposed
assessment and any other matter on which objection, protest or appeal
could be made.
5367. Upon such appeal, the legislative body may remedy and correct
any error or informality in the proceedings, and revise and correct
any of the acts or determinations of the street superintendent or
engineer relative to said work; may confirm, amend, alter, modify or
correct the assessment or diagram in such manner as to it shall seem
just, and require the work to be completed according to the
directions of the legislative body; and may instruct and direct the
street superintendent to correct the warrant, assessment, or diagram
in any particular.
5368. All the decisions and determinations of the legislative body,
upon notice and hearing as aforesaid, shall be final and conclusive
upon all persons entitled to appeal to the legislative body, as to
all errors, informalities, and irregularities which the legislative
body might have avoided, or have remedied during the progress of the
proceedings or which it can at that time remedy.
5369. No assessment, warrant, or diagram, and no proceedings prior
to the assessment, shall be held invalid by any court for any error,
informality, or other defect in the same, where the resolution of
intention of the legislative body to do the work, has been actually
published as provided in this division. When no appeal is taken or
when the orders and determinations of the legislative body upon
appeal have been complied with, and the legislative body is satisfied
with the correctness of the assessment, the legislative body shall
forthwith confirm the proceedings and the assessment and the street
superintendent shall attach thereto a warrant bearing the date of
such confirmation.
5370. Whenever the resolution of intention declares that a
contribution of labor or of labor and any portion of materials,
supplies or equipment for the proposed work will be made by any
local, State or National agency or authority, an assessment shall be
made to cover the sum due for furnishing the materials, supplies or
equipment as specified in the contract including all incidental
expenses. In all other particulars the assessment shall be made in
conformity with this part relating to district assessments. However,
if all of the work described in the resolution of intention is not
completed because the agency or authority ceases to furnish the labor
provided for in the resolution of intention, for a period of 90
days, the street superintendent shall notify the legislative body of
such cessation in writing. The legislative body may by resolution
declare the contract terminated and order the superintendent of
streets to make the assessment to cover the portions of work
completed and incidental expenses incurred, in accordance with the
benefits to be received by each of the several lots or parcels of
land in the district, pursuant to the provisions of this part
relating to district assessments.
5371. To the assessment shall be attached a warrant, which shall be
signed by the superintendent of streets, and countersigned by the
mayor or the city clerk. The warrant shall be substantially in the
following form:
By virtue hereof, I (name of the superintendent of streets), of
the City of ______, County of ______ (or County or City and County of
______), State of California, by virtue of the authority vested in
me as said superintendent of streets, do authorize and empower (name
of contractor) (his or their) agents or assigns, to demand and
receive, the several assessments upon the assessment and diagram
hereto attached and this shall be (his or their) warrant for the
same.
Date:
__________________________________________
(Name of superintendent of streets)
Countersigned by (name of mayor or city clerk).
5372. The warrant, diagram and assessment shall be recorded in the
office of the superintendent of streets and in accordance with
Section 5372.1 and may be recorded at any hour of the calendar day.
Immediately thereafter the clerk shall record a notice of assessment,
as provided for in Section 3114, whereupon, as provided in Section
3115, said assessment shall attach as a lien upon the property
assessed.
5372.1. No assessment or bond hereafter levied or issued shall
become a lien and no person shall be deemed to have notice thereof
until a certified copy of the assessment and the diagram attached
thereto shall be recorded in the office of the county surveyor if the
improvement district or any part thereof is in unincorporated
territory and with the superintendent of streets of the city or
cities if the improvement district or any part thereof is in
incorporated territory.
5372.5. Upon the confirmation of the assessment by the legislative
body, the clerk shall furnish the superintendent of streets with a
list containing each assessment or parcel number, as shown on said
recorded assessment, and the name and address of the owner or owners
of the real property represented by each such number, as shown on the
last equalized assessment roll or as on file in the office of the
clerk. Such list shall be delivered to the contractor, or his agent
or assigns, at the same time and under the same conditions as the
delivery of the warrant, assessment and diagram, pursuant to Section
5374.
5373. The lien, whether bonds issued to represent the assessment or
otherwise, shall be subordinate to all fixed special assessment
liens previously imposed upon the same property, but it shall have
priority over all fixed special assessment liens which may thereafter
be created against the property; and from and after the date of the
recording of any warrant, assessment and diagram, all persons shall
be deemed to have notice of the contents thereof.
The holder of a subordinate assessment or a bond representing a
subordinate assessment shall have the rights of an inferior
lienholder as provided in Section 2904 of the Civil Code.
5374. The lien of a reassessment and a refunding assessment shall
have the same priority as the original assessment to which it
relates. A supplemental assessment is a new assessment.
5374.1. The amount of any contribution for the cost and expenses of
the work shall be paid by the city to the contractor, or his agent,
or assigns, upon delivery of the warrant, assessment and diagram, or
prior to said delivery, may be paid in installments, for work
completed, during the progress of the work. Notice that there will be
progress payments must appear in the invitation for bids.
5375. After the warrant, assessment and diagram are recorded, the
same shall be delivered to the contractor, or his agent or assigns,
on demand, but not until after the payment to the superintendent of
streets of the incidental expenses not previously paid by the
contractor, his agent or his assigns, including the amount by which
the amount included in the assessment as the cost of any acquisition
exceeds the amount previously demanded of the contractor therefor,
but with proper credit to the contractor in the event there was
included in the assessment as the cost of any acquisition, an amount
less than the amount demanded of the contractor therefor at the time
of the execution of the contract pursuant to Section 5256; provided,
however, that when the superintendent of streets has, by ordinance,
been authorized and directed to receive payments pursuant to Section
5396 of this division said warrant shall not be delivered to said
contractor or assigns nor shall such contractor or assigns be
entitled to receive payment of assessments by virtue of said warrant
within 30 days from the recordation of said warrant.
5375.1. Notwithstanding the provisions of Section 5375 the
legislative body may waive the requirement that the contractor, or
his agent, or assigns pay the expenses incidental to the cost of the
work, or work and acquisition paid for by contribution.
