1160. As used in this article:
(a) "Division" means permanent road division.
(b) "Last equalized assessment roll" means the last assessment
roll made up by the county assessor, including the changes ordered by
the board of supervisors sitting as a board of equalization.
(c) "Highway" means any county road or highway or any public
roadway right of way or any private easement or roadway not accepted
or acceptable into the county highway system but upon which a
permanent public easement is offered or any privately owned road
which meets the requirements of and in connection with which the
necessary findings of Section 969.5 of this code can be made.
1160.5. This article shall be known and may be cited as the
Permanent 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 this
article. 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 presented
to the board of supervisors of the county wherein the division is
proposed 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 within
the proposed division or the signatures of owners of more than 50
percent 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 such
acreage according to the last equalized assessment roll of the
county.
(e) The value of the improvements on real estate and of the
personal property within the proposed division according to the last
equalized assessment roll.
(f) The number of inhabitants therein, as nearly as can be
ascertained.
(g) A particular description of the location of any highway which
it is desired to construct, improve or permanently maintain or
maintain for a specified number of years, in the event of which such
limited period of maintenance the period thereof shall be shown and a
statement showing the necessity for such work.
1162.5. (a) In lieu of submission of a petition pursuant to Section
1162, formation of a division may be initiated by a resolution of
the board of supervisors. The resolution shall meet all the
requirements of Section 1162 except those relating to signatures of
landowners. In addition, the resolution shall fix a time and place
for a public hearing on the establishment of the proposed division
which shall not be less than 30 nor more than 60 days after the
adoption of the resolution.
(b) The clerk of the board of supervisors shall publish a notice
of the hearing pursuant to Section 6061 of the Government Code in a
newspaper of general circulation published in the county, or, if
there is no newspaper published in the county, in a newspaper of
general circulation which is circulated in the territory proposed to
be included within the division. Publication shall be complete at
least seven days prior to the date of the hearing. The notice shall
contain the text of the resolution, the time and place for the
hearing, and a statement that at the hearing the testimony of all
interested persons for or against the establishment of the division
will be heard.
At least 20 days before the date set for the hearing, the clerk of
the board of supervisors shall mail copies of the notice to all
affected landowners whose names appear on the last equalized
assessment roll.
(c) At the hearing, protests against the establishment of the
division may be made orally or in writing by any interested person.
Any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and clearly set forth the
irregularities and defects to which objection is made. All written
protests shall be filed with the clerk of the board of supervisors on
or before the time fixed for the hearing and may be withdrawn in
writing at any time before the conclusion of the hearing. The board
may waive any irregularities in the form or content of any written
protest and at the hearing may correct minor defects in the
proceedings.
(d) If written protests are received from at least 25 percent but
not more than 50 percent of the affected landowners, or landowners
who would be required to pay any proposed special tax or parcel
charge which represents more than 25 percent of the total amount of
the expected revenue necessary to finance the division, and those
protests are not withdrawn by the end of the hearing, the proposed
division shall be submitted to the landowners for majority voter
approval.
If written protests are received from 50 percent or more of the
affected landowners, or landowners who would be required to pay any
proposed special tax or parcel charge which represents more than 50
percent of the total amount of the expected revenue necessary to
finance the division and those protests are not withdrawn by the end
of the hearing, the proposed division shall be abandonded for at
least one year.
(e) The board of supervisors may conduct, by mail, any election
held to approve or disapprove a proposed division.
(f) If no election is required pursuant to subdivision (d), the
division may be formed pursuant to Section 1166.
(g) If an election is required pursuant to subdivision (d), the
board of supervisors may include on the same ballot the question of
whether a special tax shall be levied within the division. The board
of supervisors may submit the question of levy of a special tax to
the voters separately from the question of formation of the division,
or may consolidate both questions into a single measure. Sections
1173 to 1178, inclusive, are applicable to an election held pursuant
to this subdivision.
1162.6. (a) Notwithstanding any other provision of this chapter,
the board of supervisors may form a permanent road division without
reference to a specific permanent road project. The division may
include the entire unincorporated area of the county. The board may
create zones within the division for specific permanent road
projects, with differing special taxes or parcel charges. Parcel
charges shall be deemed to be assessments within the meaning of
Article XIII D of the California Constitution.
(b) Formation of the division shall be initiated by resolution of
the board of supervisors that sets a time and date for a hearing on
the matter. Notice of the hearing shall be given pursuant to Section
6061 of the Government Code in a newspaper of general circulation
published in the county, or, if there is no newspaper of general
circulation published in the county, in a newspaper of general
circulation that is circulated within the territory proposed to be
included within the division. Publication shall be complete at least
seven days prior to the hearing.
(c) At the hearing, the board of supervisors shall hear all
objections to the establishment of the division and shall determine
whether to form the division.
(d) Proceedings to form a division or zones may be consolidated
with an assessment ballot proceeding pursuant to Section 53753 of the
Government Code.
1163. Such petition shall be accompanied by an affidavit stating
that affiant has compared the valuations given in the petition with
those on the last equalized assessment roll and that such valuations
are complete and correct. The affiant shall be a person over the age
of eighteen who is not a signatory to the petition and who owns no
taxable property in the division.
1164. Such petition shall be published in the manner authorized by
Section 1196, together with a notice stating the time of the meeting
at which the board will consider the petition.
1165. Such petition shall be presented either at a regular meeting
of the board or at a special meeting called to receive and consider
it. On the day stated in the notice the board shall hear the petition
and may adjourn such hearing from time to time, but not longer than
one month in all.
1166. Following the hearing or election, as the case may be, the
board shall decide if the proposed division is to be formed. If the
board decides to form the division, it may make changes in the
boundaries as it finds proper and shall define and establish the
boundaries. The changes shall not include any territory outside of
the boundaries described in the petition or resolution unless the
board has given at least 15 days' notice of its intention to include
that territory in the division. The notice shall be given by
publication, in the the manner authorized by Section 1196, and by
leaving a copy of the notice at each place of abode in the outside
territory.
1167. The boundaries established by the board shall be the
boundaries of the division until such boundaries are changed in the
manner provided in this article.
1168. If the board finds that the boundaries thus established for
such division are incorrectly described, it shall direct the county
surveyor to ascertain and report a correct description of the
boundaries in conformity with the orders of the board. At the first
regular meeting of the board after the filing of the county surveyor'
s report, the board shall cause to be published, in the manner
authorized by section 1196, a notice that the report will be
considered at the next regular meeting of the board, stating the day.
At the appointed meeting the board shall ratify the report of the
surveyor, with such modifications as the board considers necessary.
The boundaries established pursuant to this section shall be the
legal boundaries of the division.
1168.5. Any landowner whose property is located within the division
may file a verified petition with the board alleging that the
property will not be benefited by any construction, improvement, or
maintenance project proposed to be undertaken by the division.
In such case, the board shall set the petition for hearing. Notice
of the hearing shall be published in accordance with Section 1196.
If, after hearing all of the evidence introduced at such hearing, the
board finds and determines that the property will not, in fact, be
benefited by the proposed project to be undertaken by the division
and if there are no outstanding obligations owed by the landowner to
the division, the board may order the property withdrawn and the
boundaries modified accordingly. Thereafter, the boundaries as
modified shall be the legal boundaries of the division.
1168.7. The board may hold a hearing to determine if any property
located outside of a division will benefit from any construction,
improvement, or maintenance project proposed to be undertaken by the
division.
Notice of the hearing shall be published in accordance with
Section 1196. Notice shall also be mailed by the board, at least 10
days prior to the hearing, to all landowners whose property located
outside of the division may benefit from the proposed project. The
failure to mail any notice, or the failure of any person to receive
such notice, shall not affect the validity of any action taken by the
board under this section.
If, after hearing all of the evidence introduced at the hearing,
the board finds and determines that property located outside of the
division will benefit from the project proposed to be undertaken by
the division, the board may order the boundaries of the division to
be modified so as to include such property. Thereafter, the
boundaries as modified shall be the legal boundaries of the division.
1168.8. (a) Property may be annexed to or detached from a permanent
road division in the same manner and under the same procedures
provided in Sections 1162 to 1168, inclusive, for the formation of a
division. Any reference to "proposed division" in any of these
sections shall be deemed to be a reference to the area proposed for
annexation to or detachment from the existing division.
(b) If the board finds that the proposed annexation or detachment
should occur, with or without modification, the board may by
resolution declare the change to be made and establish a date upon
which the boundaries of the division, as amended, shall become
effective.
(c) Property annexed to a division in which bonds are outstanding
for work performed pursuant to this article shall not be deemed to be
property in the division for the purpose of Section 1184.
(d) Property detached from a division in which bonds are
outstanding for work done pursuant to this article shall be deemed to
be property in the division for purposes of Section 1184 until the
bonds are retired.
(e) This section is alternative to any other provision of this
article providing for a change in boundaries of a permanent road
division.
1168.9. (a) The board may order two or more divisions consolidated
if the board finds that their boundaries are contiguous at any point
or that a consolidated program of construction, improvement, or
maintenance will reduce the costs of or increase the efficiency of
providing highway construction, improvement, or maintenance.
(b) Property within a division proposed to be consolidated with
another division and in which bonds are not outstanding for work
performed pursuant to this article shall not be deemed to be property
in the division for the purpose of Section 1184 as it applies to the
consolidated division.
1169. At, or at any time after, the time of forming a division, any
10 or more freeholders thereof may petition the board to have plans
prepared for the construction, improvement, or maintenance of all or
any part of any highway lying within the division, whether or not
such highway is mentioned in the petition for the formation of the
division. In the event that there are 10 or fewer freeholders
thereof, such petition will be sufficient if it bears the signatures
of at least a majority of the landowners within the proposed division
and the signatures of owners of more than 50 percent of the assessed
valuation within the division.
1170. Such petition for construction or improvement shall state if
appropriate:
(a) The recommendations of the petitioners as to the materials to
be 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 specified
sum of money from the road fund of the county.
(d) A request that the board appropriate for such work a specified
sum of money from the road district funds of the road districts in
which any part of the division is located.
(e) A request that, in order to raise the balance necessary for
such work, a special tax be levied or bonds of the division be
issued.
(f) A request that annually for the period for which maintenance
is proposed the board levy a special tax upon the division in amount
sufficient for maintenance and annually appropriate such amount for
maintenance purposes.
1171. Upon receiving such petition the board shall cause to be
prepared estimates, plans, and specifications for the work mentioned
in the petition exclusive of maintenance, and for any other highway
or work which the board considers a necessary part of the highway
mentioned in the petition.
1172. When it has adopted plans and specifications for such work
exclusive of maintenance, the board may set apart therefor from the
road fund of the county, and from the funds of any district of which
the division is a part, such sums as the board considers equitable.
The board shall not set apart from the funds of any such district
less than 75 percent of the sum which bears the same ratio to the
whole fund of the particular district as the assessed valuation of
that part of the division lying in the district bears to the whole
assessed valuation of the district. The board may set apart more than
this percentage. The board shall cause the sums to be set apart in a
fund known as the "permanent road fund of ____ division," specifying
the division by name.
1173. When a special tax is petitioned for, the board shall
immediately order an election within the division to determine
whether such tax will be levied. The board may submit to the electors
at such election the question whether the balance of the estimated
cost of the proposed work will be raised by a special tax in one year
or spread equally over 2, 3, 4, 5, 6, 7, 8, 9, or 10 successive
years and whether the amount annually estimated to be needed for
maintenance will be raised by the annual levy of a special tax for
the period appropriate to the period indicated in the petition. The
electorate at such an election shall consist of the registered voters
residing within the boundaries of the division if there are 10 or
more registered voters residing within the division at the time of
ordering the election or if there are less than 10 registered voters
within the boundaries of the division at the time of ordering the
election the electorate shall consist of the legal owners of the land
lying within the boundaries of such division as shown on the last
equalized assessment roll unless proof of transfer of legal title
satisfactory to the board is submitted to the board at least 10 days
prior to the date of election in which event the transferee shall be
an elector in the place and stead of the transferor unless the
transferor is the legal owner of other property within the boundaries
of the division.
1174. The board shall call such election by posting notices in the
manner provided in section 1195, and by publishing notice of the
election 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 or
improvement.
(c) The purpose for which such money is to be used, including a
brief description of the proposed work and materials to be used.
(d) Whether it is proposed to raise the amount in one or more
years, stating the number of years and the amount to be raised each
year.
(e) Whether it is proposed to levy a tax annually for maintenance
and 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 each
precinct to conduct the election. The election shall be conducted as
nearly as practicable in conformity with the general election laws,
but no particular form of ballot need be used. The ballots shall
contain the words "Tax--Yes" and "Tax--No". No informality in
conducting the election shall invalidate the election if it was
otherwise fairly conducted.
1177. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast, and the
number for and the number against the tax. If the majority is
against the tax, the money transferred to the fund of such division
shall revert to the funds from which it was taken.
1178. If two-thirds of the votes cast are for the tax, the board
shall annually, at the time of levying the county taxes, levy a
special tax in the division sufficient to raise the amount voted for
the current fiscal year, sufficient to meet estimated costs of
maintenance for the current fiscal year, and sufficient to reimburse
the county for any expenses recoverable under Section 1197.
1178.5. When the levy of a special tax has been authorized, the
board of supervisors may advance to the permanent road division the
division's share of the cost of the improvements or the board of
supervisors may determine to proceed with such work at such time as
the estimated expense has been raised by taxes levied within the
division.
1179. The tax so levied shall be collected in the same manner as
county taxes and, when collected, shall be paid into the county
treasury for the use of the division in which the tax is collected.
1179.5. In lieu of, or in addition to, any special tax levied
pursuant to Section 1178, the board may fix and collect parcel
charges for any permanent road division pursuant to the assessment
ballot procedures in Section 53753 of the Government Code.
1179.6. (a) In addition to any other authority granted under this
article, the board may issue bonds, notes, or other evidences of
indebtedness on behalf of a permanent road division or a zone to
finance capital improvements for a term of not more than 10 years, to
be repaid solely from special taxes or parcel charges levied within
the division or zone.
(b) The provisions of Sections 53356.1 to 53356.6, inclusive, of
the Government Code shall apply within the division or zone with
regard to the collection of the special taxes or parcel charges and
to 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 of
bonds of the division, the board shall call an election in such
division and submit to the electors thereof the question whether the
bonds of the division shall be issued. The board shall call such
election by posting notices in the manner provided in section 1195
and by publishing notice thereof in the manner provided in section
1196.
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 precinct
shall be partly in each of two or more districts.
(c) The names of three judges for each election district, to
conduct the election.
(d) The hours, which shall not be less than eight, during which
the polls will be open.
(e) The amount and denomination of the bonds, the rate of
interest, and the greatest number of years for which the
last-maturing bonds will run.
(f) The purpose for which the proceeds of the bonds are to be
used, including a brief description of the proposed work and the
materials to be used.
(g) The signature of the chair of the board, attested by the clerk
of the board of supervisors.
1182. The election shall be conducted as nearly as practicable in
accordance with the general election laws, but no particular form of
ballot need be used. No informality in conducting the election shall
invalidate the election if it was otherwise fairly conducted. At such
elections the ballots shall contain the words "Bond--Yes" and
"Bond--No."
1183. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast and the
number for and the number against the bonds. If two-thirds of those
voting on the proposition are in favor of issuing the bonds, the
board shall cause an entry of that fact to be made upon the minutes
of the board.
1184. The board may then issue the bonds of the division to the
number and amount provided for in the election proceedings. The bonds
shall be payable out of the funds of the division, and the money for
the redemption of and the interest on the bonds shall be raised by
taxation upon the property in the division. The total amount of bonds
so issued shall not exceed fifteen per cent of the taxable property
of the division as shown by the last equalized assessment roll of the
county.
1185. The board, by an order entered upon its minutes, shall
prescribe all of the following:
(a) The form of the bonds.
(b) The time when the bonds become due, not exceeding 40 years
from the date thereof.
(c) The rate of interest the bonds shall bear, not exceeding the
maximum rate permitted by law.
1186. The interest on the bonds shall be payable annually. Each
bond and each coupon shall bear the signature or facsimile printed
signature of the chair of the board and of the clerk of the board of
supervisors. The county treasurer shall, after reasonable notice,
sell the bonds to the highest and best bidder, but not for less than
par plus any accrued interest.
1187. If, at the election on the question of whether or not bonds
are to be issued, the bonds are not authorized, the money transferred
to the fund of the division shall revert to the funds from which it
was taken.
1188. The board shall cause the highway work provided for in this
article to be done in accordance with the provisions of Sections
20391 to 20395, inclusive, of the Public Contracts Code, except that
the notice calling for bids shall be published in a newspaper
published in the division if there is such a newspaper. The
successful bidder shall deposit a bond in the amount the board
requires, conditioned on the faithful performance of the contract and
on the payment for all labor employed and all material used in the
work.
1189. Before opening the bids for doing any work provided for in
this article, the board may appoint such inspectors as it considers
necessary and fix their compensation, or may proceed as provided in
either section 1075 or section 1191. Such compensation shall be paid
out of the funds of the division. Such inspectors shall:
(a) Inspect from time to time the work being done under the
contract.
(b) File with the board at least once a month reports on the
manner in which the contractor is performing the work, setting forth
in detail any objections they or any of them have to the manner in
which the work is being done, with recommendations as to changes
desirable and provided for in the plans and specifications.
(c) State in each report the amount of unsatisfactory work done
during the period for which the report is made, and estimate the
value thereof.
1190. The board shall make no payment on account of work which is
reported by the inspectors to be unsatisfactory, until the objections
are investigated and determined to be unfounded, or until the
contractor has performed the work in strict compliance with the plans
and specifications.
1191. In lieu of the appointment of inspectors as provided in
section 1189, or in lieu of proceeding pursuant to section 1075, the
board may employ an engineer who shall prepare plans and
specifications, supervise the work, and perform such other services
as the board requires.
1192. From time to time as the work progresses, the board may make
payments on account, but shall not, before the completion of the
contract, pay more than seventy-five per cent of the contract price
of the amount completed. The board shall not make final payment until
the 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 such
fund and be expended solely in maintaining the highways of that
division.
1194. On payment of all debts of the division or on the failure of
the division within two years after formation to vote a special tax
or 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 of
maintenance that has ceased to exist as a result of the amendments
made to Section 1194 by Section 3 of Chapter 1025 of the Statutes of
1969 may be reinstated as an active and functioning division upon
order of the board of supervisors adopted by resolution, if the board
finds that the necessity for maintenance work within the division
continues to exist and any limited period of maintenance set forth in
the petition for the formation of the division has not expired.
1195. The board shall cause the notices, which are required to be
posted by sections 1174 and 1180, to be posted at least fifteen days
before the election along every highway proposed to be constructed or
improved, at distances not more than one mile apart, and not less
than three such notices.
1196. The board shall cause all publications, required by this
article, particularly sections 1164, 1166, 1168, 1174 and 1180, in
any proceeding or election, to be published in a newspaper published
within the division, if any newspaper is published therein. If there
is no newspaper published within the division, the board shall cause
such publication to be made in a newspaper published within the
county and considered by the board best adapted to give notice to the
residents of the division. One publication each week for three
successive weeks shall be a sufficient publication under this
article, the last publication to be not less than seven days prior to
the event of which the publication is notice.
1197. The expenses of organizing a division, conducting any
necessary election, and providing engineering services, pursuant to
this article, shall be a county charge payable out of the county
general fund. If a division is formed and a tax levy authorized or
parcel charge imposed, the expenses shall be recovered by the county
from the funds of the division.
1160. As used in this article:
(a) "Division" means permanent road division.
(b) "Last equalized assessment roll" means the last assessment
roll made up by the county assessor, including the changes ordered by
the board of supervisors sitting as a board of equalization.
(c) "Highway" means any county road or highway or any public
roadway right of way or any private easement or roadway not accepted
or acceptable into the county highway system but upon which a
permanent public easement is offered or any privately owned road
which meets the requirements of and in connection with which the
necessary findings of Section 969.5 of this code can be made.
1160.5. This article shall be known and may be cited as the
Permanent 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 this
article. 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 presented
to the board of supervisors of the county wherein the division is
proposed 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 within
the proposed division or the signatures of owners of more than 50
percent 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 such
acreage according to the last equalized assessment roll of the
county.
(e) The value of the improvements on real estate and of the
personal property within the proposed division according to the last
equalized assessment roll.
(f) The number of inhabitants therein, as nearly as can be
ascertained.
(g) A particular description of the location of any highway which
it is desired to construct, improve or permanently maintain or
maintain for a specified number of years, in the event of which such
limited period of maintenance the period thereof shall be shown and a
statement showing the necessity for such work.
1162.5. (a) In lieu of submission of a petition pursuant to Section
1162, formation of a division may be initiated by a resolution of
the board of supervisors. The resolution shall meet all the
requirements of Section 1162 except those relating to signatures of
landowners. In addition, the resolution shall fix a time and place
for a public hearing on the establishment of the proposed division
which shall not be less than 30 nor more than 60 days after the
adoption of the resolution.
(b) The clerk of the board of supervisors shall publish a notice
of the hearing pursuant to Section 6061 of the Government Code in a
newspaper of general circulation published in the county, or, if
there is no newspaper published in the county, in a newspaper of
general circulation which is circulated in the territory proposed to
be included within the division. Publication shall be complete at
least seven days prior to the date of the hearing. The notice shall
contain the text of the resolution, the time and place for the
hearing, and a statement that at the hearing the testimony of all
interested persons for or against the establishment of the division
will be heard.
At least 20 days before the date set for the hearing, the clerk of
the board of supervisors shall mail copies of the notice to all
affected landowners whose names appear on the last equalized
assessment roll.
(c) At the hearing, protests against the establishment of the
division may be made orally or in writing by any interested person.
Any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and clearly set forth the
irregularities and defects to which objection is made. All written
protests shall be filed with the clerk of the board of supervisors on
or before the time fixed for the hearing and may be withdrawn in
writing at any time before the conclusion of the hearing. The board
may waive any irregularities in the form or content of any written
protest and at the hearing may correct minor defects in the
proceedings.
(d) If written protests are received from at least 25 percent but
not more than 50 percent of the affected landowners, or landowners
who would be required to pay any proposed special tax or parcel
charge which represents more than 25 percent of the total amount of
the expected revenue necessary to finance the division, and those
protests are not withdrawn by the end of the hearing, the proposed
division shall be submitted to the landowners for majority voter
approval.
If written protests are received from 50 percent or more of the
affected landowners, or landowners who would be required to pay any
proposed special tax or parcel charge which represents more than 50
percent of the total amount of the expected revenue necessary to
finance the division and those protests are not withdrawn by the end
of the hearing, the proposed division shall be abandonded for at
least one year.
(e) The board of supervisors may conduct, by mail, any election
held to approve or disapprove a proposed division.
(f) If no election is required pursuant to subdivision (d), the
division may be formed pursuant to Section 1166.
(g) If an election is required pursuant to subdivision (d), the
board of supervisors may include on the same ballot the question of
whether a special tax shall be levied within the division. The board
of supervisors may submit the question of levy of a special tax to
the voters separately from the question of formation of the division,
or may consolidate both questions into a single measure. Sections
1173 to 1178, inclusive, are applicable to an election held pursuant
to this subdivision.
1162.6. (a) Notwithstanding any other provision of this chapter,
the board of supervisors may form a permanent road division without
reference to a specific permanent road project. The division may
include the entire unincorporated area of the county. The board may
create zones within the division for specific permanent road
projects, with differing special taxes or parcel charges. Parcel
charges shall be deemed to be assessments within the meaning of
Article XIII D of the California Constitution.
(b) Formation of the division shall be initiated by resolution of
the board of supervisors that sets a time and date for a hearing on
the matter. Notice of the hearing shall be given pursuant to Section
6061 of the Government Code in a newspaper of general circulation
published in the county, or, if there is no newspaper of general
circulation published in the county, in a newspaper of general
circulation that is circulated within the territory proposed to be
included within the division. Publication shall be complete at least
seven days prior to the hearing.
(c) At the hearing, the board of supervisors shall hear all
objections to the establishment of the division and shall determine
whether to form the division.
(d) Proceedings to form a division or zones may be consolidated
with an assessment ballot proceeding pursuant to Section 53753 of the
Government Code.
1163. Such petition shall be accompanied by an affidavit stating
that affiant has compared the valuations given in the petition with
those on the last equalized assessment roll and that such valuations
are complete and correct. The affiant shall be a person over the age
of eighteen who is not a signatory to the petition and who owns no
taxable property in the division.
1164. Such petition shall be published in the manner authorized by
Section 1196, together with a notice stating the time of the meeting
at which the board will consider the petition.
1165. Such petition shall be presented either at a regular meeting
of the board or at a special meeting called to receive and consider
it. On the day stated in the notice the board shall hear the petition
and may adjourn such hearing from time to time, but not longer than
one month in all.
1166. Following the hearing or election, as the case may be, the
board shall decide if the proposed division is to be formed. If the
board decides to form the division, it may make changes in the
boundaries as it finds proper and shall define and establish the
boundaries. The changes shall not include any territory outside of
the boundaries described in the petition or resolution unless the
board has given at least 15 days' notice of its intention to include
that territory in the division. The notice shall be given by
publication, in the the manner authorized by Section 1196, and by
leaving a copy of the notice at each place of abode in the outside
territory.
1167. The boundaries established by the board shall be the
boundaries of the division until such boundaries are changed in the
manner provided in this article.
1168. If the board finds that the boundaries thus established for
such division are incorrectly described, it shall direct the county
surveyor to ascertain and report a correct description of the
boundaries in conformity with the orders of the board. At the first
regular meeting of the board after the filing of the county surveyor'
s report, the board shall cause to be published, in the manner
authorized by section 1196, a notice that the report will be
considered at the next regular meeting of the board, stating the day.
At the appointed meeting the board shall ratify the report of the
surveyor, with such modifications as the board considers necessary.
The boundaries established pursuant to this section shall be the
legal boundaries of the division.
1168.5. Any landowner whose property is located within the division
may file a verified petition with the board alleging that the
property will not be benefited by any construction, improvement, or
maintenance project proposed to be undertaken by the division.
In such case, the board shall set the petition for hearing. Notice
of the hearing shall be published in accordance with Section 1196.
If, after hearing all of the evidence introduced at such hearing, the
board finds and determines that the property will not, in fact, be
benefited by the proposed project to be undertaken by the division
and if there are no outstanding obligations owed by the landowner to
the division, the board may order the property withdrawn and the
boundaries modified accordingly. Thereafter, the boundaries as
modified shall be the legal boundaries of the division.
1168.7. The board may hold a hearing to determine if any property
located outside of a division will benefit from any construction,
improvement, or maintenance project proposed to be undertaken by the
division.
Notice of the hearing shall be published in accordance with
Section 1196. Notice shall also be mailed by the board, at least 10
days prior to the hearing, to all landowners whose property located
outside of the division may benefit from the proposed project. The
failure to mail any notice, or the failure of any person to receive
such notice, shall not affect the validity of any action taken by the
board under this section.
If, after hearing all of the evidence introduced at the hearing,
the board finds and determines that property located outside of the
division will benefit from the project proposed to be undertaken by
the division, the board may order the boundaries of the division to
be modified so as to include such property. Thereafter, the
boundaries as modified shall be the legal boundaries of the division.
1168.8. (a) Property may be annexed to or detached from a permanent
road division in the same manner and under the same procedures
provided in Sections 1162 to 1168, inclusive, for the formation of a
division. Any reference to "proposed division" in any of these
sections shall be deemed to be a reference to the area proposed for
annexation to or detachment from the existing division.
(b) If the board finds that the proposed annexation or detachment
should occur, with or without modification, the board may by
resolution declare the change to be made and establish a date upon
which the boundaries of the division, as amended, shall become
effective.
(c) Property annexed to a division in which bonds are outstanding
for work performed pursuant to this article shall not be deemed to be
property in the division for the purpose of Section 1184.
(d) Property detached from a division in which bonds are
outstanding for work done pursuant to this article shall be deemed to
be property in the division for purposes of Section 1184 until the
bonds are retired.
(e) This section is alternative to any other provision of this
article providing for a change in boundaries of a permanent road
division.
1168.9. (a) The board may order two or more divisions consolidated
if the board finds that their boundaries are contiguous at any point
or that a consolidated program of construction, improvement, or
maintenance will reduce the costs of or increase the efficiency of
providing highway construction, improvement, or maintenance.
(b) Property within a division proposed to be consolidated with
another division and in which bonds are not outstanding for work
performed pursuant to this article shall not be deemed to be property
in the division for the purpose of Section 1184 as it applies to the
consolidated division.
1169. At, or at any time after, the time of forming a division, any
10 or more freeholders thereof may petition the board to have plans
prepared for the construction, improvement, or maintenance of all or
any part of any highway lying within the division, whether or not
such highway is mentioned in the petition for the formation of the
division. In the event that there are 10 or fewer freeholders
thereof, such petition will be sufficient if it bears the signatures
of at least a majority of the landowners within the proposed division
and the signatures of owners of more than 50 percent of the assessed
valuation within the division.
1170. Such petition for construction or improvement shall state if
appropriate:
(a) The recommendations of the petitioners as to the materials to
be 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 specified
sum of money from the road fund of the county.
(d) A request that the board appropriate for such work a specified
sum of money from the road district funds of the road districts in
which any part of the division is located.
(e) A request that, in order to raise the balance necessary for
such work, a special tax be levied or bonds of the division be
issued.
(f) A request that annually for the period for which maintenance
is proposed the board levy a special tax upon the division in amount
sufficient for maintenance and annually appropriate such amount for
maintenance purposes.
1171. Upon receiving such petition the board shall cause to be
prepared estimates, plans, and specifications for the work mentioned
in the petition exclusive of maintenance, and for any other highway
or work which the board considers a necessary part of the highway
mentioned in the petition.
1172. When it has adopted plans and specifications for such work
exclusive of maintenance, the board may set apart therefor from the
road fund of the county, and from the funds of any district of which
the division is a part, such sums as the board considers equitable.
The board shall not set apart from the funds of any such district
less than 75 percent of the sum which bears the same ratio to the
whole fund of the particular district as the assessed valuation of
that part of the division lying in the district bears to the whole
assessed valuation of the district. The board may set apart more than
this percentage. The board shall cause the sums to be set apart in a
fund known as the "permanent road fund of ____ division," specifying
the division by name.
1173. When a special tax is petitioned for, the board shall
immediately order an election within the division to determine
whether such tax will be levied. The board may submit to the electors
at such election the question whether the balance of the estimated
cost of the proposed work will be raised by a special tax in one year
or spread equally over 2, 3, 4, 5, 6, 7, 8, 9, or 10 successive
years and whether the amount annually estimated to be needed for
maintenance will be raised by the annual levy of a special tax for
the period appropriate to the period indicated in the petition. The
electorate at such an election shall consist of the registered voters
residing within the boundaries of the division if there are 10 or
more registered voters residing within the division at the time of
ordering the election or if there are less than 10 registered voters
within the boundaries of the division at the time of ordering the
election the electorate shall consist of the legal owners of the land
lying within the boundaries of such division as shown on the last
equalized assessment roll unless proof of transfer of legal title
satisfactory to the board is submitted to the board at least 10 days
prior to the date of election in which event the transferee shall be
an elector in the place and stead of the transferor unless the
transferor is the legal owner of other property within the boundaries
of the division.
1174. The board shall call such election by posting notices in the
manner provided in section 1195, and by publishing notice of the
election 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 or
improvement.
(c) The purpose for which such money is to be used, including a
brief description of the proposed work and materials to be used.
(d) Whether it is proposed to raise the amount in one or more
years, stating the number of years and the amount to be raised each
year.
(e) Whether it is proposed to levy a tax annually for maintenance
and 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 each
precinct to conduct the election. The election shall be conducted as
nearly as practicable in conformity with the general election laws,
but no particular form of ballot need be used. The ballots shall
contain the words "Tax--Yes" and "Tax--No". No informality in
conducting the election shall invalidate the election if it was
otherwise fairly conducted.
1177. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast, and the
number for and the number against the tax. If the majority is
against the tax, the money transferred to the fund of such division
shall revert to the funds from which it was taken.
1178. If two-thirds of the votes cast are for the tax, the board
shall annually, at the time of levying the county taxes, levy a
special tax in the division sufficient to raise the amount voted for
the current fiscal year, sufficient to meet estimated costs of
maintenance for the current fiscal year, and sufficient to reimburse
the county for any expenses recoverable under Section 1197.
1178.5. When the levy of a special tax has been authorized, the
board of supervisors may advance to the permanent road division the
division's share of the cost of the improvements or the board of
supervisors may determine to proceed with such work at such time as
the estimated expense has been raised by taxes levied within the
division.
1179. The tax so levied shall be collected in the same manner as
county taxes and, when collected, shall be paid into the county
treasury for the use of the division in which the tax is collected.
1179.5. In lieu of, or in addition to, any special tax levied
pursuant to Section 1178, the board may fix and collect parcel
charges for any permanent road division pursuant to the assessment
ballot procedures in Section 53753 of the Government Code.
1179.6. (a) In addition to any other authority granted under this
article, the board may issue bonds, notes, or other evidences of
indebtedness on behalf of a permanent road division or a zone to
finance capital improvements for a term of not more than 10 years, to
be repaid solely from special taxes or parcel charges levied within
the division or zone.
(b) The provisions of Sections 53356.1 to 53356.6, inclusive, of
the Government Code shall apply within the division or zone with
regard to the collection of the special taxes or parcel charges and
to 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 of
bonds of the division, the board shall call an election in such
division and submit to the electors thereof the question whether the
bonds of the division shall be issued. The board shall call such
election by posting notices in the manner provided in section 1195
and by publishing notice thereof in the manner provided in section
1196.
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 precinct
shall be partly in each of two or more districts.
(c) The names of three judges for each election district, to
conduct the election.
(d) The hours, which shall not be less than eight, during which
the polls will be open.
(e) The amount and denomination of the bonds, the rate of
interest, and the greatest number of years for which the
last-maturing bonds will run.
(f) The purpose for which the proceeds of the bonds are to be
used, including a brief description of the proposed work and the
materials to be used.
(g) The signature of the chair of the board, attested by the clerk
of the board of supervisors.
1182. The election shall be conducted as nearly as practicable in
accordance with the general election laws, but no particular form of
ballot need be used. No informality in conducting the election shall
invalidate the election if it was otherwise fairly conducted. At such
elections the ballots shall contain the words "Bond--Yes" and
"Bond--No."
1183. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast and the
number for and the number against the bonds. If two-thirds of those
voting on the proposition are in favor of issuing the bonds, the
board shall cause an entry of that fact to be made upon the minutes
of the board.
1184. The board may then issue the bonds of the division to the
number and amount provided for in the election proceedings. The bonds
shall be payable out of the funds of the division, and the money for
the redemption of and the interest on the bonds shall be raised by
taxation upon the property in the division. The total amount of bonds
so issued shall not exceed fifteen per cent of the taxable property
of the division as shown by the last equalized assessment roll of the
county.
1185. The board, by an order entered upon its minutes, shall
prescribe all of the following:
(a) The form of the bonds.
(b) The time when the bonds become due, not exceeding 40 years
from the date thereof.
(c) The rate of interest the bonds shall bear, not exceeding the
maximum rate permitted by law.
1186. The interest on the bonds shall be payable annually. Each
bond and each coupon shall bear the signature or facsimile printed
signature of the chair of the board and of the clerk of the board of
supervisors. The county treasurer shall, after reasonable notice,
sell the bonds to the highest and best bidder, but not for less than
par plus any accrued interest.
1187. If, at the election on the question of whether or not bonds
are to be issued, the bonds are not authorized, the money transferred
to the fund of the division shall revert to the funds from which it
was taken.
1188. The board shall cause the highway work provided for in this
article to be done in accordance with the provisions of Sections
20391 to 20395, inclusive, of the Public Contracts Code, except that
the notice calling for bids shall be published in a newspaper
published in the division if there is such a newspaper. The
successful bidder shall deposit a bond in the amount the board
requires, conditioned on the faithful performance of the contract and
on the payment for all labor employed and all material used in the
work.
1189. Before opening the bids for doing any work provided for in
this article, the board may appoint such inspectors as it considers
necessary and fix their compensation, or may proceed as provided in
either section 1075 or section 1191. Such compensation shall be paid
out of the funds of the division. Such inspectors shall:
(a) Inspect from time to time the work being done under the
contract.
(b) File with the board at least once a month reports on the
manner in which the contractor is performing the work, setting forth
in detail any objections they or any of them have to the manner in
which the work is being done, with recommendations as to changes
desirable and provided for in the plans and specifications.
(c) State in each report the amount of unsatisfactory work done
during the period for which the report is made, and estimate the
value thereof.
1190. The board shall make no payment on account of work which is
reported by the inspectors to be unsatisfactory, until the objections
are investigated and determined to be unfounded, or until the
contractor has performed the work in strict compliance with the plans
and specifications.
1191. In lieu of the appointment of inspectors as provided in
section 1189, or in lieu of proceeding pursuant to section 1075, the
board may employ an engineer who shall prepare plans and
specifications, supervise the work, and perform such other services
as the board requires.
1192. From time to time as the work progresses, the board may make
payments on account, but shall not, before the completion of the
contract, pay more than seventy-five per cent of the contract price
of the amount completed. The board shall not make final payment until
the 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 such
fund and be expended solely in maintaining the highways of that
division.
1194. On payment of all debts of the division or on the failure of
the division within two years after formation to vote a special tax
or 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 of
maintenance that has ceased to exist as a result of the amendments
made to Section 1194 by Section 3 of Chapter 1025 of the Statutes of
1969 may be reinstated as an active and functioning division upon
order of the board of supervisors adopted by resolution, if the board
finds that the necessity for maintenance work within the division
continues to exist and any limited period of maintenance set forth in
the petition for the formation of the division has not expired.
1195. The board shall cause the notices, which are required to be
posted by sections 1174 and 1180, to be posted at least fifteen days
before the election along every highway proposed to be constructed or
improved, at distances not more than one mile apart, and not less
than three such notices.
1196. The board shall cause all publications, required by this
article, particularly sections 1164, 1166, 1168, 1174 and 1180, in
any proceeding or election, to be published in a newspaper published
within the division, if any newspaper is published therein. If there
is no newspaper published within the division, the board shall cause
such publication to be made in a newspaper published within the
county and considered by the board best adapted to give notice to the
residents of the division. One publication each week for three
successive weeks shall be a sufficient publication under this
article, the last publication to be not less than seven days prior to
the event of which the publication is notice.
1197. The expenses of organizing a division, conducting any
necessary election, and providing engineering services, pursuant to
this article, shall be a county charge payable out of the county
general fund. If a division is formed and a tax levy authorized or
parcel charge imposed, the expenses shall be recovered by the county
from the funds of the division.
1160. As used in this article:
(a) "Division" means permanent road division.
(b) "Last equalized assessment roll" means the last assessment
roll made up by the county assessor, including the changes ordered by
the board of supervisors sitting as a board of equalization.
(c) "Highway" means any county road or highway or any public
roadway right of way or any private easement or roadway not accepted
or acceptable into the county highway system but upon which a
permanent public easement is offered or any privately owned road
which meets the requirements of and in connection with which the
necessary findings of Section 969.5 of this code can be made.
1160.5. This article shall be known and may be cited as the
Permanent 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 this
article. 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 presented
to the board of supervisors of the county wherein the division is
proposed 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 within
the proposed division or the signatures of owners of more than 50
percent 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 such
acreage according to the last equalized assessment roll of the
county.
(e) The value of the improvements on real estate and of the
personal property within the proposed division according to the last
equalized assessment roll.
(f) The number of inhabitants therein, as nearly as can be
ascertained.
(g) A particular description of the location of any highway which
it is desired to construct, improve or permanently maintain or
maintain for a specified number of years, in the event of which such
limited period of maintenance the period thereof shall be shown and a
statement showing the necessity for such work.
1162.5. (a) In lieu of submission of a petition pursuant to Section
1162, formation of a division may be initiated by a resolution of
the board of supervisors. The resolution shall meet all the
requirements of Section 1162 except those relating to signatures of
landowners. In addition, the resolution shall fix a time and place
for a public hearing on the establishment of the proposed division
which shall not be less than 30 nor more than 60 days after the
adoption of the resolution.
(b) The clerk of the board of supervisors shall publish a notice
of the hearing pursuant to Section 6061 of the Government Code in a
newspaper of general circulation published in the county, or, if
there is no newspaper published in the county, in a newspaper of
general circulation which is circulated in the territory proposed to
be included within the division. Publication shall be complete at
least seven days prior to the date of the hearing. The notice shall
contain the text of the resolution, the time and place for the
hearing, and a statement that at the hearing the testimony of all
interested persons for or against the establishment of the division
will be heard.
At least 20 days before the date set for the hearing, the clerk of
the board of supervisors shall mail copies of the notice to all
affected landowners whose names appear on the last equalized
assessment roll.
(c) At the hearing, protests against the establishment of the
division may be made orally or in writing by any interested person.
Any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and clearly set forth the
irregularities and defects to which objection is made. All written
protests shall be filed with the clerk of the board of supervisors on
or before the time fixed for the hearing and may be withdrawn in
writing at any time before the conclusion of the hearing. The board
may waive any irregularities in the form or content of any written
protest and at the hearing may correct minor defects in the
proceedings.
(d) If written protests are received from at least 25 percent but
not more than 50 percent of the affected landowners, or landowners
who would be required to pay any proposed special tax or parcel
charge which represents more than 25 percent of the total amount of
the expected revenue necessary to finance the division, and those
protests are not withdrawn by the end of the hearing, the proposed
division shall be submitted to the landowners for majority voter
approval.
If written protests are received from 50 percent or more of the
affected landowners, or landowners who would be required to pay any
proposed special tax or parcel charge which represents more than 50
percent of the total amount of the expected revenue necessary to
finance the division and those protests are not withdrawn by the end
of the hearing, the proposed division shall be abandonded for at
least one year.
(e) The board of supervisors may conduct, by mail, any election
held to approve or disapprove a proposed division.
(f) If no election is required pursuant to subdivision (d), the
division may be formed pursuant to Section 1166.
(g) If an election is required pursuant to subdivision (d), the
board of supervisors may include on the same ballot the question of
whether a special tax shall be levied within the division. The board
of supervisors may submit the question of levy of a special tax to
the voters separately from the question of formation of the division,
or may consolidate both questions into a single measure. Sections
1173 to 1178, inclusive, are applicable to an election held pursuant
to this subdivision.
1162.6. (a) Notwithstanding any other provision of this chapter,
the board of supervisors may form a permanent road division without
reference to a specific permanent road project. The division may
include the entire unincorporated area of the county. The board may
create zones within the division for specific permanent road
projects, with differing special taxes or parcel charges. Parcel
charges shall be deemed to be assessments within the meaning of
Article XIII D of the California Constitution.
(b) Formation of the division shall be initiated by resolution of
the board of supervisors that sets a time and date for a hearing on
the matter. Notice of the hearing shall be given pursuant to Section
6061 of the Government Code in a newspaper of general circulation
published in the county, or, if there is no newspaper of general
circulation published in the county, in a newspaper of general
circulation that is circulated within the territory proposed to be
included within the division. Publication shall be complete at least
seven days prior to the hearing.
(c) At the hearing, the board of supervisors shall hear all
objections to the establishment of the division and shall determine
whether to form the division.
(d) Proceedings to form a division or zones may be consolidated
with an assessment ballot proceeding pursuant to Section 53753 of the
Government Code.
1163. Such petition shall be accompanied by an affidavit stating
that affiant has compared the valuations given in the petition with
those on the last equalized assessment roll and that such valuations
are complete and correct. The affiant shall be a person over the age
of eighteen who is not a signatory to the petition and who owns no
taxable property in the division.
1164. Such petition shall be published in the manner authorized by
Section 1196, together with a notice stating the time of the meeting
at which the board will consider the petition.
1165. Such petition shall be presented either at a regular meeting
of the board or at a special meeting called to receive and consider
it. On the day stated in the notice the board shall hear the petition
and may adjourn such hearing from time to time, but not longer than
one month in all.
1166. Following the hearing or election, as the case may be, the
board shall decide if the proposed division is to be formed. If the
board decides to form the division, it may make changes in the
boundaries as it finds proper and shall define and establish the
boundaries. The changes shall not include any territory outside of
the boundaries described in the petition or resolution unless the
board has given at least 15 days' notice of its intention to include
that territory in the division. The notice shall be given by
publication, in the the manner authorized by Section 1196, and by
leaving a copy of the notice at each place of abode in the outside
territory.
1167. The boundaries established by the board shall be the
boundaries of the division until such boundaries are changed in the
manner provided in this article.
1168. If the board finds that the boundaries thus established for
such division are incorrectly described, it shall direct the county
surveyor to ascertain and report a correct description of the
boundaries in conformity with the orders of the board. At the first
regular meeting of the board after the filing of the county surveyor'
s report, the board shall cause to be published, in the manner
authorized by section 1196, a notice that the report will be
considered at the next regular meeting of the board, stating the day.
At the appointed meeting the board shall ratify the report of the
surveyor, with such modifications as the board considers necessary.
The boundaries established pursuant to this section shall be the
legal boundaries of the division.
1168.5. Any landowner whose property is located within the division
may file a verified petition with the board alleging that the
property will not be benefited by any construction, improvement, or
maintenance project proposed to be undertaken by the division.
In such case, the board shall set the petition for hearing. Notice
of the hearing shall be published in accordance with Section 1196.
If, after hearing all of the evidence introduced at such hearing, the
board finds and determines that the property will not, in fact, be
benefited by the proposed project to be undertaken by the division
and if there are no outstanding obligations owed by the landowner to
the division, the board may order the property withdrawn and the
boundaries modified accordingly. Thereafter, the boundaries as
modified shall be the legal boundaries of the division.
1168.7. The board may hold a hearing to determine if any property
located outside of a division will benefit from any construction,
improvement, or maintenance project proposed to be undertaken by the
division.
Notice of the hearing shall be published in accordance with
Section 1196. Notice shall also be mailed by the board, at least 10
days prior to the hearing, to all landowners whose property located
outside of the division may benefit from the proposed project. The
failure to mail any notice, or the failure of any person to receive
such notice, shall not affect the validity of any action taken by the
board under this section.
If, after hearing all of the evidence introduced at the hearing,
the board finds and determines that property located outside of the
division will benefit from the project proposed to be undertaken by
the division, the board may order the boundaries of the division to
be modified so as to include such property. Thereafter, the
boundaries as modified shall be the legal boundaries of the division.
1168.8. (a) Property may be annexed to or detached from a permanent
road division in the same manner and under the same procedures
provided in Sections 1162 to 1168, inclusive, for the formation of a
division. Any reference to "proposed division" in any of these
sections shall be deemed to be a reference to the area proposed for
annexation to or detachment from the existing division.
(b) If the board finds that the proposed annexation or detachment
should occur, with or without modification, the board may by
resolution declare the change to be made and establish a date upon
which the boundaries of the division, as amended, shall become
effective.
(c) Property annexed to a division in which bonds are outstanding
for work performed pursuant to this article shall not be deemed to be
property in the division for the purpose of Section 1184.
(d) Property detached from a division in which bonds are
outstanding for work done pursuant to this article shall be deemed to
be property in the division for purposes of Section 1184 until the
bonds are retired.
(e) This section is alternative to any other provision of this
article providing for a change in boundaries of a permanent road
division.
1168.9. (a) The board may order two or more divisions consolidated
if the board finds that their boundaries are contiguous at any point
or that a consolidated program of construction, improvement, or
maintenance will reduce the costs of or increase the efficiency of
providing highway construction, improvement, or maintenance.
(b) Property within a division proposed to be consolidated with
another division and in which bonds are not outstanding for work
performed pursuant to this article shall not be deemed to be property
in the division for the purpose of Section 1184 as it applies to the
consolidated division.
1169. At, or at any time after, the time of forming a division, any
10 or more freeholders thereof may petition the board to have plans
prepared for the construction, improvement, or maintenance of all or
any part of any highway lying within the division, whether or not
such highway is mentioned in the petition for the formation of the
division. In the event that there are 10 or fewer freeholders
thereof, such petition will be sufficient if it bears the signatures
of at least a majority of the landowners within the proposed division
and the signatures of owners of more than 50 percent of the assessed
valuation within the division.
1170. Such petition for construction or improvement shall state if
appropriate:
(a) The recommendations of the petitioners as to the materials to
be 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 specified
sum of money from the road fund of the county.
(d) A request that the board appropriate for such work a specified
sum of money from the road district funds of the road districts in
which any part of the division is located.
(e) A request that, in order to raise the balance necessary for
such work, a special tax be levied or bonds of the division be
issued.
(f) A request that annually for the period for which maintenance
is proposed the board levy a special tax upon the division in amount
sufficient for maintenance and annually appropriate such amount for
maintenance purposes.
1171. Upon receiving such petition the board shall cause to be
prepared estimates, plans, and specifications for the work mentioned
in the petition exclusive of maintenance, and for any other highway
or work which the board considers a necessary part of the highway
mentioned in the petition.
1172. When it has adopted plans and specifications for such work
exclusive of maintenance, the board may set apart therefor from the
road fund of the county, and from the funds of any district of which
the division is a part, such sums as the board considers equitable.
The board shall not set apart from the funds of any such district
less than 75 percent of the sum which bears the same ratio to the
whole fund of the particular district as the assessed valuation of
that part of the division lying in the district bears to the whole
assessed valuation of the district. The board may set apart more than
this percentage. The board shall cause the sums to be set apart in a
fund known as the "permanent road fund of ____ division," specifying
the division by name.
1173. When a special tax is petitioned for, the board shall
immediately order an election within the division to determine
whether such tax will be levied. The board may submit to the electors
at such election the question whether the balance of the estimated
cost of the proposed work will be raised by a special tax in one year
or spread equally over 2, 3, 4, 5, 6, 7, 8, 9, or 10 successive
years and whether the amount annually estimated to be needed for
maintenance will be raised by the annual levy of a special tax for
the period appropriate to the period indicated in the petition. The
electorate at such an election shall consist of the registered voters
residing within the boundaries of the division if there are 10 or
more registered voters residing within the division at the time of
ordering the election or if there are less than 10 registered voters
within the boundaries of the division at the time of ordering the
election the electorate shall consist of the legal owners of the land
lying within the boundaries of such division as shown on the last
equalized assessment roll unless proof of transfer of legal title
satisfactory to the board is submitted to the board at least 10 days
prior to the date of election in which event the transferee shall be
an elector in the place and stead of the transferor unless the
transferor is the legal owner of other property within the boundaries
of the division.
1174. The board shall call such election by posting notices in the
manner provided in section 1195, and by publishing notice of the
election 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 or
improvement.
(c) The purpose for which such money is to be used, including a
brief description of the proposed work and materials to be used.
(d) Whether it is proposed to raise the amount in one or more
years, stating the number of years and the amount to be raised each
year.
(e) Whether it is proposed to levy a tax annually for maintenance
and 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 each
precinct to conduct the election. The election shall be conducted as
nearly as practicable in conformity with the general election laws,
but no particular form of ballot need be used. The ballots shall
contain the words "Tax--Yes" and "Tax--No". No informality in
conducting the election shall invalidate the election if it was
otherwise fairly conducted.
1177. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast, and the
number for and the number against the tax. If the majority is
against the tax, the money transferred to the fund of such division
shall revert to the funds from which it was taken.
1178. If two-thirds of the votes cast are for the tax, the board
shall annually, at the time of levying the county taxes, levy a
special tax in the division sufficient to raise the amount voted for
the current fiscal year, sufficient to meet estimated costs of
maintenance for the current fiscal year, and sufficient to reimburse
the county for any expenses recoverable under Section 1197.
1178.5. When the levy of a special tax has been authorized, the
board of supervisors may advance to the permanent road division the
division's share of the cost of the improvements or the board of
supervisors may determine to proceed with such work at such time as
the estimated expense has been raised by taxes levied within the
division.
1179. The tax so levied shall be collected in the same manner as
county taxes and, when collected, shall be paid into the county
treasury for the use of the division in which the tax is collected.
1179.5. In lieu of, or in addition to, any special tax levied
pursuant to Section 1178, the board may fix and collect parcel
charges for any permanent road division pursuant to the assessment
ballot procedures in Section 53753 of the Government Code.
1179.6. (a) In addition to any other authority granted under this
article, the board may issue bonds, notes, or other evidences of
indebtedness on behalf of a permanent road division or a zone to
finance capital improvements for a term of not more than 10 years, to
be repaid solely from special taxes or parcel charges levied within
the division or zone.
(b) The provisions of Sections 53356.1 to 53356.6, inclusive, of
the Government Code shall apply within the division or zone with
regard to the collection of the special taxes or parcel charges and
to 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 of
bonds of the division, the board shall call an election in such
division and submit to the electors thereof the question whether the
bonds of the division shall be issued. The board shall call such
election by posting notices in the manner provided in section 1195
and by publishing notice thereof in the manner provided in section
1196.
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 precinct
shall be partly in each of two or more districts.
(c) The names of three judges for each election district, to
conduct the election.
(d) The hours, which shall not be less than eight, during which
the polls will be open.
(e) The amount and denomination of the bonds, the rate of
interest, and the greatest number of years for which the
last-maturing bonds will run.
(f) The purpose for which the proceeds of the bonds are to be
used, including a brief description of the proposed work and the
materials to be used.
(g) The signature of the chair of the board, attested by the clerk
of the board of supervisors.
1182. The election shall be conducted as nearly as practicable in
accordance with the general election laws, but no particular form of
ballot need be used. No informality in conducting the election shall
invalidate the election if it was otherwise fairly conducted. At such
elections the ballots shall contain the words "Bond--Yes" and
"Bond--No."
1183. The officers of the election shall certify the result of the
election to the board, giving the whole number of votes cast and the
number for and the number against the bonds. If two-thirds of those
voting on the proposition are in favor of issuing the bonds, the
board shall cause an entry of that fact to be made upon the minutes
of the board.
1184. The board may then issue the bonds of the division to the
number and amount provided for in the election proceedings. The bonds
shall be payable out of the funds of the division, and the money for
the redemption of and the interest on the bonds shall be raised by
taxation upon the property in the division. The total amount of bonds
so issued shall not exceed fifteen per cent of the taxable property
of the division as shown by the last equalized assessment roll of the
county.
1185. The board, by an order entered upon its minutes, shall
prescribe all of the following:
(a) The form of the bonds.
(b) The time when the bonds become due, not exceeding 40 years
from the date thereof.
(c) The rate of interest the bonds shall bear, not exceeding the
maximum rate permitted by law.
1186. The interest on the bonds shall be payable annually. Each
bond and each coupon shall bear the signature or facsimile printed
signature of the chair of the board and of the clerk of the board of
supervisors. The county treasurer shall, after reasonable notice,
sell the bonds to the highest and best bidder, but not for less than
par plus any accrued interest.
1187. If, at the election on the question of whether or not bonds
are to be issued, the bonds are not authorized, the money transferred
to the fund of the division shall revert to the funds from which it
was taken.
1188. The board shall cause the highway work provided for in this
article to be done in accordance with the provisions of Sections
20391 to 20395, inclusive, of the Public Contracts Code, except that
the notice calling for bids shall be published in a newspaper
published in the division if there is such a newspaper. The
successful bidder shall deposit a bond in the amount the board
requires, conditioned on the faithful performance of the contract and
on the payment for all labor employed and all material used in the
work.
1189. Before opening the bids for doing any work provided for in
this article, the board may appoint such inspectors as it considers
necessary and fix their compensation, or may proceed as provided in
either section 1075 or section 1191. Such compensation shall be paid
out of the funds of the division. Such inspectors shall:
(a) Inspect from time to time the work being done under the
contract.
(b) File with the board at least once a month reports on the
manner in which the contractor is performing the work, setting forth
in detail any objections they or any of them have to the manner in
which the work is being done, with recommendations as to changes
desirable and provided for in the plans and specifications.
(c) State in each report the amount of unsatisfactory work done
during the period for which the report is made, and estimate the
value thereof.
1190. The board shall make no payment on account of work which is
reported by the inspectors to be unsatisfactory, until the objections
are investigated and determined to be unfounded, or until the
contractor has performed the work in strict compliance with the plans
and specifications.
1191. In lieu of the appointment of inspectors as provided in
section 1189, or in lieu of proceeding pursuant to section 1075, the
board may employ an engineer who shall prepare plans and
specifications, supervise the work, and perform such other services
as the board requires.
1192. From time to time as the work progresses, the board may make
payments on account, but shall not, before the completion of the
contract, pay more than seventy-five per cent of the contract price
of the amount completed. The board shall not make final payment until
the 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 such
fund and be expended solely in maintaining the highways of that
division.
1194. On payment of all debts of the division or on the failure of
the division within two years after formation to vote a special tax
or 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 of
maintenance that has ceased to exist as a result of the amendments
made to Section 1194 by Section 3 of Chapter 1025 of the Statutes of
1969 may be reinstated as an active and functioning division upon
order of the board of supervisors adopted by resolution, if the board
finds that the necessity for maintenance work within the division
continues to exist and any limited period of maintenance set forth in
the petition for the formation of the division has not expired.
1195. The board shall cause the notices, which are required to be
posted by sections 1174 and 1180, to be posted at least fifteen days
before the election along every highway proposed to be constructed or
improved, at distances not more than one mile apart, and not less
than three such notices.
1196. The board shall cause all publications, required by this
article, particularly sections 1164, 1166, 1168, 1174 and 1180, in
any proceeding or election, to be published in a newspaper published
within the division, if any newspaper is published therein. If there
is no newspaper published within the division, the board shall cause
such publication to be made in a newspaper published within the
county and considered by the board best adapted to give notice to the
residents of the division. One publication each week for three
successive weeks shall be a sufficient publication under this
article, the last publication to be not less than seven days prior to
the event of which the publication is notice.
1197. The expenses of organizing a division, conducting any
necessary election, and providing engineering services, pursuant to
this article, shall be a county charge payable out of the county
general fund. If a division is formed and a tax levy authorized or
parcel charge imposed, the expenses shall be recovered by the county
from the funds of the division.
