5100. (a) All streets, places, public ways, or property, or
rights-of-way, or tidelands, or submerged lands owned by any city,
open or dedicated to public use, and any property for which an order
for possession prior to judgment has been obtained, and all tidelands
or submerged lands to which all the right, title, and interest of
the state have been granted to any city, all tidelands or submerged
lands for which a permit, license, or easement has been issued by the
United States Army Corps of Engineers or the state for work to be
done pursuant to subdivision (m) of Section 5101, and all tidelands
or submerged lands which have been leased by the state to any city
for the construction of improvements authorized by subdivision (g) of
Section 5101, are open public streets, places, public ways, or
property or rights-of-way owned by the city, for the purposes of this
division, and the legislative body of the city may establish and
change the grades of the respective ways, properties, and
rights-of-way hereinbefore enumerated and fix the width thereof and
is hereby invested with jurisdiction to order to be done therein,
over or thereon, either singly or in any combination thereof, any of
the work mentioned in this division under the proceedings described
in this part.
(b) Nothing in this section shall supersede the legislative body's
obligation to obtain a lease or permit from the State Lands
Commission for the use of state-owned tidelands or submerged lands.
5101. Whenever, in the opinion of the legislative body, the public
interest or convenience may require, it may order the whole or any
portion, either in length or in width, of any one or more of the
streets, places, public ways, or property, easements, or
rights-of-way, or tidelands, or submerged lands owned by any city, or
tidelands or submerged lands leased by the state to any city for the
construction of improvements authorized by subdivision (g), open or
dedicated to public use, and any property for which an order for
possession prior to judgment has been obtained, to be improved by or
have constructed therein, over, or thereon, either singly or in any
combination thereof, any of the following:
(a) The grading or regrading, the paving or repaving, the planking
or replanking, the macadamizing or remacadamizing, the graveling or
regraveling, or the oiling or reoiling thereof.
(b) The construction or reconstruction of sidewalks, crosswalks,
steps, safety zones, platforms, seats, statuary, fountains, parks and
parkways, recreation areas, including all structures, buildings, and
other facilities necessary to make parks and parkways and recreation
areas useful for the purposes for which intended, culverts, bridges,
curbs, gutters, tunnels, subways, or viaducts.
(c) Sanitary sewers or instrumentalities of sanitation, together
with the necessary outlets, cesspools, manholes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, tunnels, channels, or other appurtenances.
(d) Drains, tunnels, sewers, conduits, culverts, and channels for
drainage purposes, together with necessary outlets, cesspools,
manholes, catch basins, flush tanks, septic tanks, disposal plants,
connecting sewers, ditches, drains, conduits, channels, and
appurtenances.
(e) Poles, posts, wires, pipes, conduits, tunnels, lamps, and
other suitable or necessary appliances for the purpose of lighting
the streets, places, or public ways of any such city or property or
rights-of-way owned by any such city, or for the purpose of
furnishing electricity and electric service or telephone service to
property within a city.
(f) Pipes, hydrants, and appliances for fire protection.
(g) Breakwaters, levees, bulkheads, groins, and walls of rock or
other material to protect the streets, places, public ways, and other
property in any such city, from overflow by water, or to prevent
beach erosion or to promote accretion to beaches.
(h) Wells, pumps, dams, reservoirs, storage tanks, channels,
tunnels, conduits, pipes, hydrants, meters, or other appurtenances
for supplying or distributing a domestic water supply.
(i) Mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a
domestic or industrial gas supply.
(j) The construction or maintenance of bomb shelters or fallout
shelters that are primarily designed to protect and shelter the
population from conventional or nuclear bomb or missile warhead
explosions, shellfire, radiation, and fallout in the event of an
enemy attack.
(k) Retaining walls, embankments, buildings, and any other
structures or facilities necessary or suitable in connection with any
of the work mentioned in this section.
(l) The planting of trees, shrubs, or other ornamental vegetation.
(m) The construction, repairing, maintaining, or improving of
public mooring places for watercraft, channel improvements, and the
building, repairing, maintaining, and improving of wharves, piers,
docks, slips, quays, moles, port access routes, or other utilities,
structures, and appliances necessary or convenient for the promotion
or accommodation of commerce, navigation, and the protection of lands
within the city, and for aiding and securing access to the waters of
those lands to the people of the State of California, in the
exercise of their rights to fish, or for the extension of public
streets or places.
(n) Compaction of land, change of grade or contours, construction
of caissons, retaining walls, drains, and other structures suitable
for the purpose of stabilizing land.
(o) All other work that may be deemed necessary to improve the
whole or any portion of those streets, places, public ways, property,
easements, or rights-of-way owned by the city.
(p) All other work auxiliary to any of the above, which may be
required to carry out the above.
5101.4. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
5101.5. Whenever in the opinion of the legislative body the public
interest or convenience may require, it may install, acquire,
construct, develop, jointly develop, maintain, dispose of, or
operate, in or along its streets or any public way or any easement,
either singly or in any combination of the items mentioned in Section
5101 and this section, any of the following:
(a) Works, systems, or facilities for the transportation of
people, including rolling stock and other equipment appurtenant
thereto.
(b) All other work auxiliary or incidental to any of the above,
which may be required to carry out the same, including terminal and
intermediate stations, structures, or platforms, or other facilities
which may be necessary for, incidental to, or convenient for, the
loading of people into and unloading of people from the
transportation facilities.
(c) All other work auxiliary or incidental to any of the above
which may be necessary for, incidental to, or convenient for carrying
out, the same.
(d) Any and all property, easements, rights-of-way, and other
rights or interests which may be necessary for, incidental to, or
convenient for carrying out, the purposes of the project.
5101.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subdivision (a) of Section
5101.5 upon a district benefited thereby, and annually on or before
June 30th, the legislative body may prepare and approve an estimate
of the expenditures required during the ensuing fiscal year for the
maintenance, operation, repair and improvement of such works, system
or facilities and shall deduct from such estimate the amount of
revenues, if any, which the legislative body estimates will accrue
during such year from the operation of such works, system or
facilities and will be available to pay costs of such maintenance,
operation, repair and improvement.
The legislative body may increase the assessment in accordance
with the provisions of Section 53753 of the Government Code. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, operation,
repair or improvement of such works, system or facilities.
5101.7. The legislative body of a city may order the construction
and installation of improvements authorized by Section 5101 in the
right-of-way of a state highway or county road, or in a railroad
right-of-way which is located within or adjacent to the corporate
boundaries of the city, or in the right-of-way of a county road which
is or will be an extension of a street, public way, or right-of-way
of the city, if the legislative body determines that the public
interest or convenience requires the construction and installation
and that the land within an assessment district to be assessed to pay
the cost and expenses of the improvements is benefited thereby. The
construction and installation of the improvements in the right-of-way
may be performed pursuant to a permit, license, lease, easement, or
right-of-way granted to the city by the public entity or corporation
having jursidiction and control over the highway, road, or
right-of-way. The legislative body of the city may establish and
change the grades of the highway, road, or right-of-way, or portion
thereof, where the improvement will be constructed in cooperation
with the public entity or corporation having jurisdiction and control
over the highway, road, or right-of-way. Before ordering the
construction and installation of the improvements, the city shall
obtain the approval of the public entity or corporation having
jurisdiction and control over the highway, road, or right-of-way.
Notwithstanding the provisions of this section, the legislative body
shall not order the construction or improvement of a segment of a
state highway except as provided in Section 5101.8.
5101.8. (a) The legislative body of a city may order the
construction and improvement of a segment of a state highway located,
in whole or in part, within the city's jurisdiction, if the
following conditions have been met:
(1) The legislative body has made a determination that the public
interest or convenience requires the state highway project, and that
the land within an assessment district to be assessed to pay the cost
and expenses of the state highway project will be benefited.
(2) The legislative body has entered a cooperative agreement with
the Department of Transportation, as provided in subdivision (b), to
fund the construction and improvement of the state highway.
(3) The highway project has been included in the state
transportation improvement program pursuant to Section 14529 of the
Government Code.
(b) The cooperative agreement required by subdivision (a) shall
provide for:
(1) The Department of Transportation to perform the construction
of the project.
(2) The city funding of the costs and expenses of the project from
the assessment to be levied on the land within the assessment
district to be assessed, and from the sale of any bonds which may be
issued pursuant to this division or Division 10 (commencing with
Section 8500).
(3) The agreement to become effective after proceedings have been
taken pursuant to this division and the funds are available to carry
out all its terms.
(4) The division of financial and legal responsibility between the
city and the Department of Transportation for the maintenance of the
state highway improvements and encroachments upon completion of the
work.
5102. In any proceeding for the making of any work or improvement
authorized under Section 5101 of this code, the legislative body may
order any acquisition as defined in Section 5023.1 necessary or
appropriate in connection with such work or improvement and assess
the cost of such acquisition, as a part of the incidental expenses of
such work or improvement. Any such acquisition shall be described in
the resolution of intention in general terms and refer to plans,
profiles, detailed drawings and specifications or such of them as may
be suitable and proper for the full detailed description of the
acquisition proposed. The city initiating such proceedings is
authorized to advance the cost of any such acquisition from its
general funds, and thereafter reimburse such general funds as a part
of the incidental expenses of such improvement.
5103. Whenever the work or improvement includes the installation of
works or appliances for supplying electric, telephone, or cable
television service, sanitary sewers or instrumentalities of
sanitation, domestic or industrial water supplies, or mains and
appurtenances for supplying or distributing a domestic or industrial
gas supply, and the territory in which the work or improvement is
contemplated is within the service area of a public utility, public
agency, or mutual water company supplying the service, the
legislative body may, before the adoption of the resolution of
intention, enter into an agreement with the public utility, public
agency, or mutual water company which may, among other things,
provide for all of the following:
(a) The supplying or approval by the public utility, public
agency, or mutual water company of plans and specifications for the
work or improvement.
(b) The performance of work or service, for an allowance or
contribution by the public utility, public agency, or mutual water
company toward the cost of the work or service where provided for by
its rules or regulations, and for the payment for the work or
service.
(c) That the agreement shall become effective upon the effective
date of the resolution or ordinance ordering the work in proceedings
taken pursuant to this division.
(d) That, after the confirmation of the assessment, the public
utility, public agency, or mutual water company shall have exclusive
possession, control, and use of the work or improvement as long as
the public utility, public agency, or mutual water company uses the
work or improvement to render to the lands within the assessment
district the services intended to be furnished by the work or
improvement.
5104. If the written consent of the owner of the property is first
obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
5105. (a) Whenever, in the opinion of the legislative body, the
public interest or convenience may require, the legislative body may
undertake any work necessary or incidental to the prevention,
mitigation, abatement, or control of a geologic hazard or to repair
damages resulting therefrom.
(b) For purposes of this division, "geologic hazard" means an
actual or threatened landslide, land subsidence, soil erosion,
earthquake, or any natural or unnatural movement of land or earth.
(c) Such work may be performed on private property with the prior
written consent of the owner thereof, if the legislative body, in the
resolution of intention, determines that it is in the public
interest to do so.
5100. (a) All streets, places, public ways, or property, or
rights-of-way, or tidelands, or submerged lands owned by any city,
open or dedicated to public use, and any property for which an order
for possession prior to judgment has been obtained, and all tidelands
or submerged lands to which all the right, title, and interest of
the state have been granted to any city, all tidelands or submerged
lands for which a permit, license, or easement has been issued by the
United States Army Corps of Engineers or the state for work to be
done pursuant to subdivision (m) of Section 5101, and all tidelands
or submerged lands which have been leased by the state to any city
for the construction of improvements authorized by subdivision (g) of
Section 5101, are open public streets, places, public ways, or
property or rights-of-way owned by the city, for the purposes of this
division, and the legislative body of the city may establish and
change the grades of the respective ways, properties, and
rights-of-way hereinbefore enumerated and fix the width thereof and
is hereby invested with jurisdiction to order to be done therein,
over or thereon, either singly or in any combination thereof, any of
the work mentioned in this division under the proceedings described
in this part.
(b) Nothing in this section shall supersede the legislative body's
obligation to obtain a lease or permit from the State Lands
Commission for the use of state-owned tidelands or submerged lands.
5101. Whenever, in the opinion of the legislative body, the public
interest or convenience may require, it may order the whole or any
portion, either in length or in width, of any one or more of the
streets, places, public ways, or property, easements, or
rights-of-way, or tidelands, or submerged lands owned by any city, or
tidelands or submerged lands leased by the state to any city for the
construction of improvements authorized by subdivision (g), open or
dedicated to public use, and any property for which an order for
possession prior to judgment has been obtained, to be improved by or
have constructed therein, over, or thereon, either singly or in any
combination thereof, any of the following:
(a) The grading or regrading, the paving or repaving, the planking
or replanking, the macadamizing or remacadamizing, the graveling or
regraveling, or the oiling or reoiling thereof.
(b) The construction or reconstruction of sidewalks, crosswalks,
steps, safety zones, platforms, seats, statuary, fountains, parks and
parkways, recreation areas, including all structures, buildings, and
other facilities necessary to make parks and parkways and recreation
areas useful for the purposes for which intended, culverts, bridges,
curbs, gutters, tunnels, subways, or viaducts.
(c) Sanitary sewers or instrumentalities of sanitation, together
with the necessary outlets, cesspools, manholes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, tunnels, channels, or other appurtenances.
(d) Drains, tunnels, sewers, conduits, culverts, and channels for
drainage purposes, together with necessary outlets, cesspools,
manholes, catch basins, flush tanks, septic tanks, disposal plants,
connecting sewers, ditches, drains, conduits, channels, and
appurtenances.
(e) Poles, posts, wires, pipes, conduits, tunnels, lamps, and
other suitable or necessary appliances for the purpose of lighting
the streets, places, or public ways of any such city or property or
rights-of-way owned by any such city, or for the purpose of
furnishing electricity and electric service or telephone service to
property within a city.
(f) Pipes, hydrants, and appliances for fire protection.
(g) Breakwaters, levees, bulkheads, groins, and walls of rock or
other material to protect the streets, places, public ways, and other
property in any such city, from overflow by water, or to prevent
beach erosion or to promote accretion to beaches.
(h) Wells, pumps, dams, reservoirs, storage tanks, channels,
tunnels, conduits, pipes, hydrants, meters, or other appurtenances
for supplying or distributing a domestic water supply.
(i) Mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a
domestic or industrial gas supply.
(j) The construction or maintenance of bomb shelters or fallout
shelters that are primarily designed to protect and shelter the
population from conventional or nuclear bomb or missile warhead
explosions, shellfire, radiation, and fallout in the event of an
enemy attack.
(k) Retaining walls, embankments, buildings, and any other
structures or facilities necessary or suitable in connection with any
of the work mentioned in this section.
(l) The planting of trees, shrubs, or other ornamental vegetation.
(m) The construction, repairing, maintaining, or improving of
public mooring places for watercraft, channel improvements, and the
building, repairing, maintaining, and improving of wharves, piers,
docks, slips, quays, moles, port access routes, or other utilities,
structures, and appliances necessary or convenient for the promotion
or accommodation of commerce, navigation, and the protection of lands
within the city, and for aiding and securing access to the waters of
those lands to the people of the State of California, in the
exercise of their rights to fish, or for the extension of public
streets or places.
(n) Compaction of land, change of grade or contours, construction
of caissons, retaining walls, drains, and other structures suitable
for the purpose of stabilizing land.
(o) All other work that may be deemed necessary to improve the
whole or any portion of those streets, places, public ways, property,
easements, or rights-of-way owned by the city.
(p) All other work auxiliary to any of the above, which may be
required to carry out the above.
5101.4. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
5101.5. Whenever in the opinion of the legislative body the public
interest or convenience may require, it may install, acquire,
construct, develop, jointly develop, maintain, dispose of, or
operate, in or along its streets or any public way or any easement,
either singly or in any combination of the items mentioned in Section
5101 and this section, any of the following:
(a) Works, systems, or facilities for the transportation of
people, including rolling stock and other equipment appurtenant
thereto.
(b) All other work auxiliary or incidental to any of the above,
which may be required to carry out the same, including terminal and
intermediate stations, structures, or platforms, or other facilities
which may be necessary for, incidental to, or convenient for, the
loading of people into and unloading of people from the
transportation facilities.
(c) All other work auxiliary or incidental to any of the above
which may be necessary for, incidental to, or convenient for carrying
out, the same.
(d) Any and all property, easements, rights-of-way, and other
rights or interests which may be necessary for, incidental to, or
convenient for carrying out, the purposes of the project.
5101.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subdivision (a) of Section
5101.5 upon a district benefited thereby, and annually on or before
June 30th, the legislative body may prepare and approve an estimate
of the expenditures required during the ensuing fiscal year for the
maintenance, operation, repair and improvement of such works, system
or facilities and shall deduct from such estimate the amount of
revenues, if any, which the legislative body estimates will accrue
during such year from the operation of such works, system or
facilities and will be available to pay costs of such maintenance,
operation, repair and improvement.
The legislative body may increase the assessment in accordance
with the provisions of Section 53753 of the Government Code. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, operation,
repair or improvement of such works, system or facilities.
5101.7. The legislative body of a city may order the construction
and installation of improvements authorized by Section 5101 in the
right-of-way of a state highway or county road, or in a railroad
right-of-way which is located within or adjacent to the corporate
boundaries of the city, or in the right-of-way of a county road which
is or will be an extension of a street, public way, or right-of-way
of the city, if the legislative body determines that the public
interest or convenience requires the construction and installation
and that the land within an assessment district to be assessed to pay
the cost and expenses of the improvements is benefited thereby. The
construction and installation of the improvements in the right-of-way
may be performed pursuant to a permit, license, lease, easement, or
right-of-way granted to the city by the public entity or corporation
having jursidiction and control over the highway, road, or
right-of-way. The legislative body of the city may establish and
change the grades of the highway, road, or right-of-way, or portion
thereof, where the improvement will be constructed in cooperation
with the public entity or corporation having jurisdiction and control
over the highway, road, or right-of-way. Before ordering the
construction and installation of the improvements, the city shall
obtain the approval of the public entity or corporation having
jurisdiction and control over the highway, road, or right-of-way.
Notwithstanding the provisions of this section, the legislative body
shall not order the construction or improvement of a segment of a
state highway except as provided in Section 5101.8.
5101.8. (a) The legislative body of a city may order the
construction and improvement of a segment of a state highway located,
in whole or in part, within the city's jurisdiction, if the
following conditions have been met:
(1) The legislative body has made a determination that the public
interest or convenience requires the state highway project, and that
the land within an assessment district to be assessed to pay the cost
and expenses of the state highway project will be benefited.
(2) The legislative body has entered a cooperative agreement with
the Department of Transportation, as provided in subdivision (b), to
fund the construction and improvement of the state highway.
(3) The highway project has been included in the state
transportation improvement program pursuant to Section 14529 of the
Government Code.
(b) The cooperative agreement required by subdivision (a) shall
provide for:
(1) The Department of Transportation to perform the construction
of the project.
(2) The city funding of the costs and expenses of the project from
the assessment to be levied on the land within the assessment
district to be assessed, and from the sale of any bonds which may be
issued pursuant to this division or Division 10 (commencing with
Section 8500).
(3) The agreement to become effective after proceedings have been
taken pursuant to this division and the funds are available to carry
out all its terms.
(4) The division of financial and legal responsibility between the
city and the Department of Transportation for the maintenance of the
state highway improvements and encroachments upon completion of the
work.
5102. In any proceeding for the making of any work or improvement
authorized under Section 5101 of this code, the legislative body may
order any acquisition as defined in Section 5023.1 necessary or
appropriate in connection with such work or improvement and assess
the cost of such acquisition, as a part of the incidental expenses of
such work or improvement. Any such acquisition shall be described in
the resolution of intention in general terms and refer to plans,
profiles, detailed drawings and specifications or such of them as may
be suitable and proper for the full detailed description of the
acquisition proposed. The city initiating such proceedings is
authorized to advance the cost of any such acquisition from its
general funds, and thereafter reimburse such general funds as a part
of the incidental expenses of such improvement.
5103. Whenever the work or improvement includes the installation of
works or appliances for supplying electric, telephone, or cable
television service, sanitary sewers or instrumentalities of
sanitation, domestic or industrial water supplies, or mains and
appurtenances for supplying or distributing a domestic or industrial
gas supply, and the territory in which the work or improvement is
contemplated is within the service area of a public utility, public
agency, or mutual water company supplying the service, the
legislative body may, before the adoption of the resolution of
intention, enter into an agreement with the public utility, public
agency, or mutual water company which may, among other things,
provide for all of the following:
(a) The supplying or approval by the public utility, public
agency, or mutual water company of plans and specifications for the
work or improvement.
(b) The performance of work or service, for an allowance or
contribution by the public utility, public agency, or mutual water
company toward the cost of the work or service where provided for by
its rules or regulations, and for the payment for the work or
service.
(c) That the agreement shall become effective upon the effective
date of the resolution or ordinance ordering the work in proceedings
taken pursuant to this division.
(d) That, after the confirmation of the assessment, the public
utility, public agency, or mutual water company shall have exclusive
possession, control, and use of the work or improvement as long as
the public utility, public agency, or mutual water company uses the
work or improvement to render to the lands within the assessment
district the services intended to be furnished by the work or
improvement.
5104. If the written consent of the owner of the property is first
obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
5105. (a) Whenever, in the opinion of the legislative body, the
public interest or convenience may require, the legislative body may
undertake any work necessary or incidental to the prevention,
mitigation, abatement, or control of a geologic hazard or to repair
damages resulting therefrom.
(b) For purposes of this division, "geologic hazard" means an
actual or threatened landslide, land subsidence, soil erosion,
earthquake, or any natural or unnatural movement of land or earth.
(c) Such work may be performed on private property with the prior
written consent of the owner thereof, if the legislative body, in the
resolution of intention, determines that it is in the public
interest to do so.
5100. (a) All streets, places, public ways, or property, or
rights-of-way, or tidelands, or submerged lands owned by any city,
open or dedicated to public use, and any property for which an order
for possession prior to judgment has been obtained, and all tidelands
or submerged lands to which all the right, title, and interest of
the state have been granted to any city, all tidelands or submerged
lands for which a permit, license, or easement has been issued by the
United States Army Corps of Engineers or the state for work to be
done pursuant to subdivision (m) of Section 5101, and all tidelands
or submerged lands which have been leased by the state to any city
for the construction of improvements authorized by subdivision (g) of
Section 5101, are open public streets, places, public ways, or
property or rights-of-way owned by the city, for the purposes of this
division, and the legislative body of the city may establish and
change the grades of the respective ways, properties, and
rights-of-way hereinbefore enumerated and fix the width thereof and
is hereby invested with jurisdiction to order to be done therein,
over or thereon, either singly or in any combination thereof, any of
the work mentioned in this division under the proceedings described
in this part.
(b) Nothing in this section shall supersede the legislative body's
obligation to obtain a lease or permit from the State Lands
Commission for the use of state-owned tidelands or submerged lands.
5101. Whenever, in the opinion of the legislative body, the public
interest or convenience may require, it may order the whole or any
portion, either in length or in width, of any one or more of the
streets, places, public ways, or property, easements, or
rights-of-way, or tidelands, or submerged lands owned by any city, or
tidelands or submerged lands leased by the state to any city for the
construction of improvements authorized by subdivision (g), open or
dedicated to public use, and any property for which an order for
possession prior to judgment has been obtained, to be improved by or
have constructed therein, over, or thereon, either singly or in any
combination thereof, any of the following:
(a) The grading or regrading, the paving or repaving, the planking
or replanking, the macadamizing or remacadamizing, the graveling or
regraveling, or the oiling or reoiling thereof.
(b) The construction or reconstruction of sidewalks, crosswalks,
steps, safety zones, platforms, seats, statuary, fountains, parks and
parkways, recreation areas, including all structures, buildings, and
other facilities necessary to make parks and parkways and recreation
areas useful for the purposes for which intended, culverts, bridges,
curbs, gutters, tunnels, subways, or viaducts.
(c) Sanitary sewers or instrumentalities of sanitation, together
with the necessary outlets, cesspools, manholes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, tunnels, channels, or other appurtenances.
(d) Drains, tunnels, sewers, conduits, culverts, and channels for
drainage purposes, together with necessary outlets, cesspools,
manholes, catch basins, flush tanks, septic tanks, disposal plants,
connecting sewers, ditches, drains, conduits, channels, and
appurtenances.
(e) Poles, posts, wires, pipes, conduits, tunnels, lamps, and
other suitable or necessary appliances for the purpose of lighting
the streets, places, or public ways of any such city or property or
rights-of-way owned by any such city, or for the purpose of
furnishing electricity and electric service or telephone service to
property within a city.
(f) Pipes, hydrants, and appliances for fire protection.
(g) Breakwaters, levees, bulkheads, groins, and walls of rock or
other material to protect the streets, places, public ways, and other
property in any such city, from overflow by water, or to prevent
beach erosion or to promote accretion to beaches.
(h) Wells, pumps, dams, reservoirs, storage tanks, channels,
tunnels, conduits, pipes, hydrants, meters, or other appurtenances
for supplying or distributing a domestic water supply.
(i) Mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a
domestic or industrial gas supply.
(j) The construction or maintenance of bomb shelters or fallout
shelters that are primarily designed to protect and shelter the
population from conventional or nuclear bomb or missile warhead
explosions, shellfire, radiation, and fallout in the event of an
enemy attack.
(k) Retaining walls, embankments, buildings, and any other
structures or facilities necessary or suitable in connection with any
of the work mentioned in this section.
(l) The planting of trees, shrubs, or other ornamental vegetation.
(m) The construction, repairing, maintaining, or improving of
public mooring places for watercraft, channel improvements, and the
building, repairing, maintaining, and improving of wharves, piers,
docks, slips, quays, moles, port access routes, or other utilities,
structures, and appliances necessary or convenient for the promotion
or accommodation of commerce, navigation, and the protection of lands
within the city, and for aiding and securing access to the waters of
those lands to the people of the State of California, in the
exercise of their rights to fish, or for the extension of public
streets or places.
(n) Compaction of land, change of grade or contours, construction
of caissons, retaining walls, drains, and other structures suitable
for the purpose of stabilizing land.
(o) All other work that may be deemed necessary to improve the
whole or any portion of those streets, places, public ways, property,
easements, or rights-of-way owned by the city.
(p) All other work auxiliary to any of the above, which may be
required to carry out the above.
5101.4. In the case of a proposal for a water supply system or
sanitary sewers and facilities, the preliminary steps, including, but
not limited to, environmental impact reports, feasibility studies,
engineering plans, cost estimates, legal expenses, and elections,
may, at the legislative body's discretion, be deemed to be
improvements.
5101.5. Whenever in the opinion of the legislative body the public
interest or convenience may require, it may install, acquire,
construct, develop, jointly develop, maintain, dispose of, or
operate, in or along its streets or any public way or any easement,
either singly or in any combination of the items mentioned in Section
5101 and this section, any of the following:
(a) Works, systems, or facilities for the transportation of
people, including rolling stock and other equipment appurtenant
thereto.
(b) All other work auxiliary or incidental to any of the above,
which may be required to carry out the same, including terminal and
intermediate stations, structures, or platforms, or other facilities
which may be necessary for, incidental to, or convenient for, the
loading of people into and unloading of people from the
transportation facilities.
(c) All other work auxiliary or incidental to any of the above
which may be necessary for, incidental to, or convenient for carrying
out, the same.
(d) Any and all property, easements, rights-of-way, and other
rights or interests which may be necessary for, incidental to, or
convenient for carrying out, the purposes of the project.
5101.6. Following the levy of an assessment pursuant to this
division to pay, in whole or in part, the costs and expenses of
works, system or facilities authorized by subdivision (a) of Section
5101.5 upon a district benefited thereby, and annually on or before
June 30th, the legislative body may prepare and approve an estimate
of the expenditures required during the ensuing fiscal year for the
maintenance, operation, repair and improvement of such works, system
or facilities and shall deduct from such estimate the amount of
revenues, if any, which the legislative body estimates will accrue
during such year from the operation of such works, system or
facilities and will be available to pay costs of such maintenance,
operation, repair and improvement.
The legislative body may increase the assessment in accordance
with the provisions of Section 53753 of the Government Code. The
proceeds of the assessment shall be placed in a separate fund of the
city and shall be expended only for the maintenance, operation,
repair or improvement of such works, system or facilities.
5101.7. The legislative body of a city may order the construction
and installation of improvements authorized by Section 5101 in the
right-of-way of a state highway or county road, or in a railroad
right-of-way which is located within or adjacent to the corporate
boundaries of the city, or in the right-of-way of a county road which
is or will be an extension of a street, public way, or right-of-way
of the city, if the legislative body determines that the public
interest or convenience requires the construction and installation
and that the land within an assessment district to be assessed to pay
the cost and expenses of the improvements is benefited thereby. The
construction and installation of the improvements in the right-of-way
may be performed pursuant to a permit, license, lease, easement, or
right-of-way granted to the city by the public entity or corporation
having jursidiction and control over the highway, road, or
right-of-way. The legislative body of the city may establish and
change the grades of the highway, road, or right-of-way, or portion
thereof, where the improvement will be constructed in cooperation
with the public entity or corporation having jurisdiction and control
over the highway, road, or right-of-way. Before ordering the
construction and installation of the improvements, the city shall
obtain the approval of the public entity or corporation having
jurisdiction and control over the highway, road, or right-of-way.
Notwithstanding the provisions of this section, the legislative body
shall not order the construction or improvement of a segment of a
state highway except as provided in Section 5101.8.
5101.8. (a) The legislative body of a city may order the
construction and improvement of a segment of a state highway located,
in whole or in part, within the city's jurisdiction, if the
following conditions have been met:
(1) The legislative body has made a determination that the public
interest or convenience requires the state highway project, and that
the land within an assessment district to be assessed to pay the cost
and expenses of the state highway project will be benefited.
(2) The legislative body has entered a cooperative agreement with
the Department of Transportation, as provided in subdivision (b), to
fund the construction and improvement of the state highway.
(3) The highway project has been included in the state
transportation improvement program pursuant to Section 14529 of the
Government Code.
(b) The cooperative agreement required by subdivision (a) shall
provide for:
(1) The Department of Transportation to perform the construction
of the project.
(2) The city funding of the costs and expenses of the project from
the assessment to be levied on the land within the assessment
district to be assessed, and from the sale of any bonds which may be
issued pursuant to this division or Division 10 (commencing with
Section 8500).
(3) The agreement to become effective after proceedings have been
taken pursuant to this division and the funds are available to carry
out all its terms.
(4) The division of financial and legal responsibility between the
city and the Department of Transportation for the maintenance of the
state highway improvements and encroachments upon completion of the
work.
5102. In any proceeding for the making of any work or improvement
authorized under Section 5101 of this code, the legislative body may
order any acquisition as defined in Section 5023.1 necessary or
appropriate in connection with such work or improvement and assess
the cost of such acquisition, as a part of the incidental expenses of
such work or improvement. Any such acquisition shall be described in
the resolution of intention in general terms and refer to plans,
profiles, detailed drawings and specifications or such of them as may
be suitable and proper for the full detailed description of the
acquisition proposed. The city initiating such proceedings is
authorized to advance the cost of any such acquisition from its
general funds, and thereafter reimburse such general funds as a part
of the incidental expenses of such improvement.
5103. Whenever the work or improvement includes the installation of
works or appliances for supplying electric, telephone, or cable
television service, sanitary sewers or instrumentalities of
sanitation, domestic or industrial water supplies, or mains and
appurtenances for supplying or distributing a domestic or industrial
gas supply, and the territory in which the work or improvement is
contemplated is within the service area of a public utility, public
agency, or mutual water company supplying the service, the
legislative body may, before the adoption of the resolution of
intention, enter into an agreement with the public utility, public
agency, or mutual water company which may, among other things,
provide for all of the following:
(a) The supplying or approval by the public utility, public
agency, or mutual water company of plans and specifications for the
work or improvement.
(b) The performance of work or service, for an allowance or
contribution by the public utility, public agency, or mutual water
company toward the cost of the work or service where provided for by
its rules or regulations, and for the payment for the work or
service.
(c) That the agreement shall become effective upon the effective
date of the resolution or ordinance ordering the work in proceedings
taken pursuant to this division.
(d) That, after the confirmation of the assessment, the public
utility, public agency, or mutual water company shall have exclusive
possession, control, and use of the work or improvement as long as
the public utility, public agency, or mutual water company uses the
work or improvement to render to the lands within the assessment
district the services intended to be furnished by the work or
improvement.
5104. If the written consent of the owner of the property is first
obtained, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, provided that the legislative body determines in the
resolution of intention to order the improvement that it is in the
public interest and more economical to do such work on private
property than to adjust the work on public property to eliminate such
disparity. The actual cost of such work may be added to the
assessment of the lot on which the work is done. Nothing in this
section limits or restricts the authority of the legislative body to
make agreements authorized by Section 1263.610 of the Code of Civil
Procedure.
5105. (a) Whenever, in the opinion of the legislative body, the
public interest or convenience may require, the legislative body may
undertake any work necessary or incidental to the prevention,
mitigation, abatement, or control of a geologic hazard or to repair
damages resulting therefrom.
(b) For purposes of this division, "geologic hazard" means an
actual or threatened landslide, land subsidence, soil erosion,
earthquake, or any natural or unnatural movement of land or earth.
(c) Such work may be performed on private property with the prior
written consent of the owner thereof, if the legislative body, in the
resolution of intention, determines that it is in the public
interest to do so.
