Streets and Highways Code — Part 18 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 18 of 23 · provisions 3,401–3,600

This section says the act is named the Streets and Highways Code.

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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

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Provisions of Streets and Highways Code

Showing 200 of 4,572

  1. 5628.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. )

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    The legislative body may decide that assessments of $100 or more can be paid in up to five annual installments, with interest on the unpaid balance set by the legislative body within a stated cap.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. ) ## 5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.)
  2. 5629.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. )

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    The lien amount must be collected like ordinary city taxes, and it is subject to the same penalties, interest, and foreclosure-and-sale procedures for delinquency.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. ) ## 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 1941, Ch. 79.)
  3. 5629.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. )

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    If bonds will be issued for unpaid assessments, the superintendent of streets must give notice to pay by mail and publication, then file a certificate with the county recorder after the cash payment period ends.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. ) ## 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1986, Ch. 507, Sec. 3.)
  4. 563.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 263 runs from Route 3 near the north city limits of Yreka northeasterly to Route 96 near the confluence of the Shasta and Klamath Rivers.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 563. Route 263 is from Route 3 near the north city limits of Yreka northeasterly to Route 96 near the confluence of the Shasta and Klamath Rivers. (Amended by Stats. 1976, Ch. 1354.)
  5. 5630.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. )

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    When a sidewalk and the fronting property are in different city or county areas, the local superintendent of streets may give repair notices and carry out the work, and the local legislative body may assess the repair cost against the fronting parcel.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. ) ## 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. 1945, Ch. 541.)
  6. 565.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 265 runs from Route 97 in Weed northwesterly to Route 5 at North Weed Interchange.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 565. Route 265 is from Route 97 in Weed northwesterly to Route 5 at North Weed Interchange. (Added by Stats. 1965, Ch. 1402.)
  7. 566.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 266 runs from the Nevada state line easterly of Oasis to the Nevada state line northerly of Oasis.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 566. Route 266 is from the Nevada state line easterly of Oasis to the Nevada state line northerly of Oasis. (Amended by Stats. 1986, Ch. 928, Sec. 17.)
  8. 5660.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 24. Limitation of Actions [5660 - 5661] ( Chapter 24 added by Stats. 1941, Ch. 79. )

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    A person may not challenge an assessment or related bonds unless the action is started within 30 days after the warrant, diagram, and assessment or reassessment are recorded.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 24. Limitation of Actions [5660 - 5661] ( Chapter 24 added by Stats. 1941, Ch. 79. ) ## 5660. No action, suit, or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts, or determinations therein, or to question the validity of, or to enjoin the collection of the assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds issued thereon. (Added by Stats. 1941, Ch. 79.)
  9. 5661.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 24. Limitation of Actions [5660 - 5661] ( Chapter 24 added by Stats. 1941, Ch. 79. )

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    Proceedings under this division are not invalid just because the street or property was not lawfully dedicated or acquired, if it was lawfully dedicated or acquired or an order for possession before judgment was obtained.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 24. Limitation of Actions [5660 - 5661] ( Chapter 24 added by Stats. 1941, Ch. 79. ) ## 5661. No proceedings taken or had under this division shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided, the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained. (Amended by Stats. 1975, Ch. 1240.)
  10. 567.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 267 runs from Route 80 near Truckee to Route 28 near Kings Beach, Lake Tahoe, via Northshore Boulevard.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 567. Route 267 is from Route 80 near Truckee to Route 28 near Kings Beach, Lake Tahoe via Northshore Boulevard. (Added by Stats. 1965, Ch. 1425.)
  11. 5680.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    The superintendent of streets must keep a public office in a convenient city location and keep records required by this division.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5680. The superintendent of streets shall keep a public office in some convenient place within the city, and shall keep such records as may be required by this division. The records so kept and signed by him shall have the same force and effect as other public records, and copies therefrom duly certified, may be used in evidence with the same effect as the originals. (Amended by Stats. 1969, Ch. 371.)
  12. 5681.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    The superintendent of streets must carry out street-related laws and enforce their penalties, and must keep informed about the condition of public streets and certain city property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5681. The superintendent of streets shall see that the laws, ordinances, orders, and regulations relating to the public streets are fully carried into execution, and that the penalties thereof are rigidly enforced. He shall keep himself informed of the condition of all the public streets and also of all public buildings, parks, lots, and grounds of the city, as may be prescribed by the legislative body. (Added by Stats. 1941, Ch. 79.)
  13. 5682.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    The superintendent of streets must post a bond to the city before taking office, in the amount and with sureties required by the legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5682. The superintendent of streets shall, before entering upon the duties of his office, give bonds to the city, with such sureties and for such sums as may be required by the legislative body. If he fails to see that the laws, ordinances, orders, and regulations relating to the public streets are carried into execution, after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of said official neglect. (Added by Stats. 1941, Ch. 79.)
  14. 5683.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    The superintendent of streets must supervise and direct the cleaning of all sewers.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5683. The superintendent of streets shall superintend and direct the cleaning of all sewers, and the expense of the same shall be paid out of the street or sewer fund of the city. (Added by Stats. 1941, Ch. 79.)
  15. 5684.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    If the superintendent of streets must give written notice, he may serve it personally, or allow another person to serve it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5684. If the superintendent of streets is required to give notice in writing to any person under this division, he may personally serve such notice, and certify to the fact of such service, or any person, with the permission of the superintendent of streets, may serve such notice and such person shall file an affidavit of service with the superintendent of streets. (Added by Stats. 1941, Ch. 79.)
  16. 5685.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    The superintendent of streets must keep a record of the service of all notices served by him or with his permission.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5685. The superintendent of streets shall keep a record of the service of all notices which are served by him or with his permission. (Added by Stats. 1941, Ch. 79.)
  17. 5686.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. )

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    When a verification is required under this division, it may be made before the superintendent of streets, who is authorized to administer oaths for that purpose, or before another person authorized to administer oaths.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 1. The Superintendent of Streets [5680 - 5686] ( Article 1 added by Stats. 1941, Ch. 79. ) ## 5686. For all purposes and in all cases where a verification is required under this division, such verification may be made before the superintendent of streets who is hereby authorized to administer oaths for that purpose, or before any other person authorized to administer oaths. (Added by Stats. 1941, Ch. 79.)
  18. 569.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 269 runs from Route 33 at Avenal to Route 145 near Five Points.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 569. Route 269 is from Route 33 at Avenal to Route 145 near Five Points. (Added by Stats. 1972, Ch. 748.)
  19. 570.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 270 runs from Route 395 south of Bridgeport to Bodie State Historic Park.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 570. Route 270 is from Route 395 south of Bridgeport to Bodie State Historic Park. (Added by Stats. 1970, Ch. 1473.)
  20. 5700.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The engineer, or an engineer of work if there is no engineer, is the officer responsible for surveying, measuring, estimating costs, carrying out other duties directed by the legislative body, and keeping survey records.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. ) ## 5700. The engineer or where there is no engineer, an engineer of work shall be the proper officer to do the surveying and other engineering work necessary to be done under this division, and to survey and measure the work to be done under contracts for grading, macadamizing, or improving streets and other work done under this division, and to estimate the costs and expenses thereof, and perform such other duties under this division as may be directed by the legislative body. Every certificate signed by him in his official capacity shall be prima facie evidence in all courts in this State of the truth of the contents. He shall also keep a record of all surveys made under the provisions of this division, as in other cases. In a county having a population of 4,000,000 or over, a registered civil engineer, registered pursuant to Chapter 7, Division 3 of the Business and Professions Code, shall be the proper person to do any work required to prepare plans pursuant to Section 5130. (Amended by Stats. 1963, Ch. 1834.)
  21. 5701.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The legislative body may hire an engineer of work instead of, or in addition to, the engineer, and it must set or confirm that person’s compensation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. ) ## 5701. In its discretion, the legislative body may employ an engineer of work, other than the engineer or in place of the engineer, and all provisions of this division applicable to the engineer shall apply to such engineer of work. The legislative body shall initially fix or thereafter confirm the compensation of the engineer or engineer of work. (Amended by Stats. 1955, Ch. 625.)
  22. 5702.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The engineer of work may be an individual, joint venture, copartnership, or corporation. If the engineer is an individual, that person must sign required certificates or documents. If the engineer is a joint venture, copartnership, or corporation, the legislative body must designate a person to sign them.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. ) ## 5702. The engineer of work may be an individual, joint venture, copartnership or corporation. If the engineer of work employed be an individual, he shall make and sign any certificate or document required to be made or signed by the engineer of work. If the engineer of work employed be a joint venture, copartnership or corporation, the legislative body, either by contract of employment or by resolution, shall designate a member of the joint venture, a partner, an officer of the corporation, or an authorized agent of any of the foregoing to make and sign any certificate or document required to be made or signed by the engineer of work. (Added by Stats. 1955, Ch. 625.)
  23. 5703.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Certificates or documents that must be signed by or kept on file by the engineer of work must be filed with the superintendent of streets, or with the city clerk or another designated officer if there is no superintendent.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 2. The Engineer [5700 - 5703] ( Article 2 added by Stats. 1941, Ch. 79. ) ## 5703. All certificates or documents required to be signed by or kept on file by the engineer of work shall be kept on file with the superintendent of streets. If a city does not have a superintendent of streets, said certificates or documents shall be kept on file with the clerk or such other officer of the city as may be designated for that purpose by the legislative body. (Added by Stats. 1955, Ch. 625.)
  24. 571.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 271 runs from Route 101 near Cummings to Route 101 near the Humboldt-Mendocino county line.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 571. Route 271 is from Route 101 near Cummings to Route 101 near the Humboldt-Mendocino county line. (Added by Stats. 1970, Ch. 1473.)
  25. 5710.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. The Superintendent of Construction [5710- 5710.] ( Article 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The superintendent of streets, or the engineer in some cases, must appoint a suitable person to oversee the work when needed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 3. The Superintendent of Construction [5710- 5710.] ( Article 3 added by Stats. 1941, Ch. 79. ) ## 5710. The superintendent of streets, or the engineer, if the legislative body has by resolution directed that the work be done under his direction and to his satisfaction, shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and improvement of any work authorized by this division, whose duty it shall be to see that the contract made for the doing of the work is strictly fulfilled in every respect and in case of any departure therefrom to report the same to the officer who appointed him. Such person shall be allowed for his time actually employed in the discharge of his duties such compensation as shall be just and the rate thereof shall be fixed by the legislative body conducting the proceedings. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses within the meaning of those words as used in this division. (Amended by Stats. 1945, Ch. 1007.)
  26. 5720.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 4. Provisions Applicable to Counties Only [5720 - 5721] ( Article 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If a county is conducting the proceedings, the legislative body may appoint the county road commissioner or another qualified county officer, but not the county surveyor, to perform some or all of the duties of the street superintendent or engineer without extra county pay.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 4. Provisions Applicable to Counties Only [5720 - 5721] ( Article 4 added by Stats. 1941, Ch. 79. ) ## 5720. If a county is conducting the proceedings the legislative body may designate the county road commissioner or any other competent county officer, other than the county surveyor, to serve without additional compensation from the county, as the officer to perform any or all of the duties conferred upon the street superintendent or the engineer in this division. The duties thus transferred shall be the duties of the officer so designated, and all of the provisions of this division relating to such duties and to the incidental expenses thereof shall apply to such officer. (Amended by Stats. 1951, Ch. 1324.)
  27. 5721.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 4. Provisions Applicable to Counties Only [5720 - 5721] ( Article 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A county’s legislative body may set conditions for work done under an appointed engineer of work, and the engineer of work must make and sign the assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 25. Duties of Officers [5680 - 5721] ( Chapter 25 added by Stats. 1941, Ch. 79. ) ## ARTICLE 4. Provisions Applicable to Counties Only [5720 - 5721] ( Article 4 added by Stats. 1941, Ch. 79. ) ## 5721. If the legislative body of a county appoints an engineer of work in accordance with Article 2 of this chapter, it may provide that the work shall be done under his direction and to his satisfaction and that the materials used shall comply with the specifications and be to the satisfaction of such engineer of work and it may provide that the engineer of work shall make and sign the assessment. The contract shall nevertheless be entered into with the county surveyor, and the assessment and warrant when confirmed shall be recorded in the office of the county surveyor. (Added by Stats. 1941, Ch. 79.)
  28. 573.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 273 runs between Route 5 near Anderson and Route 299 in Redding, and between Route 299 in Redding and Route 5 northeast of Redding.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 573. Route 273 is from: (a) Route 5 near Anderson to Route 299 in Redding. (b) From Route 299 in Redding to Route 5 northeast of Redding. (Amended by Stats. 1968, Ch. 282.)
  29. 575.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 275 is defined as the Tower Bridge between West Sacramento and Sacramento across the Sacramento River.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 575. Route 275 is the Tower Bridge from the west side of the Sacramento River near the City of West Sacramento to the east side of the Sacramento River near the City of Sacramento. (Added by Stats. 2010, Ch. 491, Sec. 32. (SB 1318) Effective January 1, 2011.)
  30. 576.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 276 runs from Route 198 near Three Rivers to Oak Grove.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 576. Route 276 is from Route 198 near Three Rivers to Oak Grove. (Amended by Stats. 1972, Ch. 1051.)
  31. 580.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 280 is described from San Jose to near First Street in San Francisco, and construction of the San Francisco segment may begin at any time if the City and County of San Francisco conveys the relevant property to the State without charge.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 580. Route 280 is from Route 101 in San Jose to Route 80 near First Street in San Francisco via Daly City. Notwithstanding the provisions of Section 89 of Chapter 1062 of the Statutes of 1959, construction of all or any portion of Route 280 from Route 101 near Alemany Boulevard to Route 480 near Harrison Street in San Francisco may be commenced at any time, if the City and County of San Francisco has conveyed or does convey to the State of California, without charge, all real property presently acquired by it for the construction of that portion of this route or any portion thereof. (Amended by Stats. 1984, Ch. 409, Sec. 65.)
  32. 580.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    The department must transfer specified real property title to the City and County of San Francisco at no cost, but only if the subdivision (b) condition is met.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 580.2. (a) Notwithstanding any other provision of law and subject to subdivision (b), the department shall convey to the City and County of San Francisco, at no cost, the title to real property originally acquired by the department for the portion of Route 280 which was subsequently withdrawn from the Interstate System, which is jointly determined by the department and the City and County of San Francisco to be required for rights-of-way for the substitute transportation projects approved by the Federal Highway Administration. (b) The department shall not convey title to that real property, unless the City and County of San Francisco agrees to assume full responsibility for any unsatisfied contractual and legal obligations incurred by the department when the department acquired the property. (c) If the real property ceases to be used for one of the six substitute projects that were included in the I-280 Transfer Concept Program which was reported to the Federal Highway Administration on June 19, 1986, title to the real property shall revert to the department. (Added by Stats. 1990, Ch. 242, Sec. 4. Effective July 13, 1990.)
  33. 581.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 281 runs from Route 29 south of Lakeport to Route 29 southerly of Konocti Bay, via the vicinity of Soda Bay.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 581. Route 281 is from Route 29 south of Lakeport to Route 29 southerly of Konocti Bay and via the vicinity of Soda Bay. (Added by Stats. 1970, Ch. 1473.)
  34. 582.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 282 runs from Route 75 to the Naval Air Station at North Island in Coronado.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 582. Route 282 is from Route 75 to the Naval Air Station at North Island in Coronado. (Amended by Stats. 1976, Ch. 1354.)
  35. 5820.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    This section defines “maintenance district” and says most of the chapter applies to city-created maintenance districts, except Sections 5850 to 5853.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5820. As used in this article, “maintenance district” means an assessment district which a county board of supervisors or the legislative body of a city has created pursuant to this chapter. This chapter, except Sections 5850 to 5853, inclusive, applies to the creation of maintenance districts by, and maintenance districts created by, the legislative body of a city. For such purpose, the references in this chapter to a county or a county officer shall be deemed to refer, respectively, to a city or a city officer performing the same duties. (Added by Stats. 1986, Ch. 195, Sec. 142.)
  36. 5821.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors may decide by resolution to assess maintenance and operating expenses for certain improvements against property in the benefited district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5821. The board of supervisors may, in its resolution declaring its intention to order work done or improvements made or by separate resolution, declare its intention to order that the expenses of maintaining and operating any or all of said improvements or any or all other improvements such as are permitted to be constructed herein, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon the real property or upon the land only lying within the district to be benefited by and to be assessed to pay the cost of the construction of said improvement, or upon such district as the board of supervisors shall determine will be benefited by the maintenance and operation of the improvements proposed to be maintained; the amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied and collected. (Amended by Stats. 1967, Ch. 467.)
  37. 5821.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A board of supervisors may declare in its resolution that territory will be annexed to an existing maintenance district, and it may describe that territory using the same boundaries as the district to be assessed for the improvement cost.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5821.1. The board of supervisors may, in its resolution declaring its intention to order work done or improvements made, declare its intention to order the territory within which the work is to be done or improvements constructed annexed to an existing maintenance district formed under the provisions of this chapter or under the provisions of Chapter 4, Part 3, Division 5, of the Health and Safety Code. The resolution of intention may describe the territory to be annexed as having the same boundaries as those of the district to be assessed for the cost of constructing the improvements. (Added by Stats. 1953, Ch. 829.)
  38. 5821.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If the board of supervisors seeks to annex territory to an existing maintenance district, it must give the required notices before it can get jurisdiction to order the annexation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5821.2. If the board of supervisors in its resolution of intention declares its intention to order the territory within which the improvements are to be constructed annexed to an existing maintenance district, the notice of improvement shall likewise give notice of such declaration of intention and that protests against such annexation may be filed and will be heard in accordance with the provisions of this chapter at the time and place provided for the hearing on the resolution of intention to perform the work. The board of supervisors shall acquire jurisdiction to order the annexation of such territory to an existing maintenance district by giving notice within the territory proposed to be annexed in the same manner prescribed in this division for the acquiring of jurisdiction to order the construction of improvements, and within the district to which such territory is proposed to be annexed by giving notice as is provided to be given in such district by Section 5838. (Added by Stats. 1953, Ch. 829.)
  39. 5821.3.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If an ordinance requires a subdivider to install sewer, drainage, or street lighting, the resolution of intention may place the subdivider’s territory under the ordinance and form it into, or annex it to, a maintenance district without notice and hearing.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5821.3. In the event that an ordinance requires the installation of a sewer, drainage, or street lighting system by a subdivider, the resolution of intention may state that the territory owned by the subdivider comes under the terms of such ordinance and order that such territory be formed into a maintenance district, or annexed to an existing maintenance district, without notice and hearing. (Added by Stats. 1967, Ch. 348.)
  40. 5822.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A resolution of intention must describe the district boundaries, or may use the same boundaries as the construction district if the improvements are being built in the same proceeding.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5822. The resolution of intention shall describe the boundaries of the district which is to be assessed for such maintenance and operation, or if the improvements or any part thereof to be maintained or operated are constructed in the same proceeding, it may describe the maintenance district as having the same boundaries as those of the district to be assessed for the cost of constructing the improvement. In either case the maintenance district may be designated by a name by which it may thereafter be referred to in all subsequent proceedings, including proceedings for the levy and collection of taxes. (Added by Stats. 1941, Ch. 79.)
  41. 5823.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A maintenance district may include property inside one or more cities only if each city’s legislative body first approves that by resolution before the board of supervisors adopts the resolution of intention.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5823. The maintenance district may include property lying within one or more cities if the consent of the legislative body of each such city to the formation of such district expressed by resolution, is first obtained before the resolution of intention is adopted by the board of supervisors. (Added by Stats. 1941, Ch. 79.)
  42. 5824.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A person who is allowed to file a written protest may also protest the formation or extent of a maintenance district, if the protest is made by the hearing deadline.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5824. At any time not later than the hour for hearing objections to the proposed work as provided in this division, or at any time not later than the time fixed in the resolution of intention for the hearing of objections, if the resolution of intention provides for maintenance only, any person permitted by the provisions of this division to make written protest against the proposed work or against the extent of the district to be assessed therefor, or both, may make like protest and in like manner against the ordering of the formation of the maintenance district or against the extent of the maintenance district, or both. (Added by Stats. 1941, Ch. 79.)
  43. 5824.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If a resolution of intention includes annexing territory to an existing maintenance district, any interested person may file written protests about the annexation or how much territory is included.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5824.1. If the resolution of intention contemplates annexation of the territory within which the improvements are to be constructed to an existing maintenance district, written protests against such annexation or the extent thereof may be filed by any interested person. (Added by Stats. 1953, Ch. 829.)
  44. 5825.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must hear and decide protests about forming or expanding a maintenance district, and its decision is final.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5825. The board of supervisors, in addition to hearing protests against the proposed work and the extent of the district to be assessed therefor, shall hear and pass upon all protests against the formation of the maintenance district and against the extent thereof, and shall hear and pass upon all protests against the annexation of the territory within which the improvements are to be constructed to an existing maintenance district, and its decision shall be final and conclusive. (Amended by Stats. 1953, Ch. 829.)
  45. 5826.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If protests against forming a maintenance district are made by owners of more than half the district area, the board of supervisors must not take further proceedings for six months unless the protests are overruled by a four-fifths vote. The board may also adjourn the hearing from time to time.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5826. If the board of supervisors finds that the protest against the formation of the maintenance district is made by the owners of more than one-half of the area of the property included within such district, no further proceedings shall be taken, unless the protests are overruled by an affirmative vote of four-fifths of the members of the board of supervisors, for a period of six months from the date of the decision of the board of supervisors on the hearing. The board of supervisors may adjourn the hearing from time to time. (Added by Stats. 1941, Ch. 79.)
  46. 5827.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If the board of supervisors declares an intention to form a maintenance district, the notice of improvement must also mention that declaration and that protests may be filed and heard under this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5827. If the board of supervisors, in its resolution of intention, declares its intention to order a maintenance district formed, the notice of improvement shall likewise give notice of such declaration of intention and that protests against such maintenance district may be filed and will be heard in accordance with the provisions of this chapter. (Added by Stats. 1941, Ch. 79.)
  47. 5828.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must first acquire jurisdiction before ordering formation of a maintenance district, and it may do so by resolution.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5828. The board of supervisors shall acquire jurisdiction to order that the maintenance district be formed in the same manner prescribed in this division for the acquiring of jurisdiction to order the construction of improvements, and it may thereupon by resolution order the formation of such a maintenance district, which order may be contained in the resolution ordering the construction of the work in those cases where such work is provided to be done in the resolution of intention. (Added by Stats. 1941, Ch. 79.)
  48. 5828.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If supervisors propose forming a maintenance district for sanitary sewers or street lighting, the clerk must give hearing notice, and the board must ensure the notice is published and posted.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5828.1. When the board of supervisors adopts a separate resolution declaring its intention to form a maintenance district for sanitary sewers or for street lighting, the clerk shall be directed to give notice of the hearing. The notice shall have the heading “Notice of the proposed formation of ____ Sewer (or Street Lighting) Maintenance District,” stating the name of the proposed district. It shall: (a) State the time and place for the hearing. (b) Set forth the exterior boundaries of the territory proposed to be organized into a district. In lieu of a description, the boundaries of the territory proposed to be included may be shown by means of a diagram printed upon the notice. The board shall direct the clerk to publish the notice and shall also direct the clerk to post the notice in three public places in the proposed district at least 10 days prior to the date set for the hearing. The heading of each posted notice shall be in letters not less than one inch in height. Notice by mail is not required. (Amended by Stats. 1951, Ch. 594.)
  49. 5829.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    After a resolution forms or expands a maintenance district, the adopting legislative body must follow specified Government Code procedures, and the district property must be listed separately on the assessment roll under the resolution’s designation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5829. Upon adoption of the resolution ordering the formation of the maintenance district or the annexation of territory to an existing maintenance district, the legislative body adopting the resolution shall comply with the requirements of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. Thereafter, the property included within such district shall be segregated on the assessment roll under the designation contained in the resolution. (Amended by Stats. 1972, Ch. 1135.)
  50. 5829.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A district may enter contracts for the joint use and use of sewer or sewage facilities, if its legislative body decides the contract is in the district’s best interest.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5829.1. Any district may contract with the Federal Government of the United States or any branch thereof, or any county, city and county, municipal corporation, district or other public corporation, or with any person, firm or corporation, for the joint use of any sewer or sewers or other works or facilities for handling, treatment and disposal of sewage or industrial waste from the district and such other area as may be designated in said contract, when in the judgment of the legislative body of said district it is for the best interest of the district so to do. Any such contract may provide for the maintenance and operation of such sewer or sewers, or other works or facilities, and for the payment by or for the parties thereto of such proportionate part of the cost of the maintenance and operation of such sewer or sewers or other works or facilities as may be stated in said contract, the payment to be made at such time and in such amount as may be provided by said contract. Any such contract may provide for the joint use of any sewer or sewers, or works or facilities for the handling, treatment or disposal of sewage or industrial waste upon such terms and conditions as may be agreed upon by the parties thereto, and for the flowage, treatment or disposal of sewage or industrial waste from such area for each of the parties thereto as may be described in said contract. Any district which has acquired or constructed or which proposes to acquire or construct, any sewer or sewers, or works or other facilities for the handling, treatment or disposal of sewage, may contract with the Federal Government of the United States or any branch thereof, or with any county, city and county, municipal corporation, district or other public corporation or with any person, firm or corporation for the use of any such sewer or sewers, works or facilities by any such county, city and county, municipal corporation, district or other public corporation, or for the flowage, treatment or disposal of sewage or industrial waste from any area designated by such person, firm or corporation so contracting, upon such terms and conditions as may be provided in said contract. (Added by Stats. 1949, Ch. 842.)
  51. 583.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 283 runs from Route 101 south of Rio Dell to the north end of the Eel River Bridge and Overhead in Rio Dell.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 583. Route 283 is from Route 101 south of Rio Dell to the north end of the Eel River Bridge and Overhead in Rio Dell. (Added by Stats. 1970, Ch. 1473.)
  52. 5830.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must estimate annual maintenance costs and levy the needed special tax or assessment for the maintenance district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5830. The board of supervisors shall thereafter, in each year, prior to the time of fixing the county tax rate, estimate the cost of maintaining and operating the improvements to be maintained and operated within the maintenance district during the ensuing year. The board of supervisors shall decide whether or not the cost of maintaining and operating the improvement shall be borne wholly or partially by the maintenance district and shall, in addition to all other taxes, fix a special tax rate for the real property within the maintenance district, or for lighting purposes levy an assessment on each parcel of real property within the maintenance district on the basis of the estimated benefit to the parcel, sufficient to raise an amount of money to cover the expense of maintaining the improvements during the ensuing year, or such portion of the amount as the board of supervisors shall determine shall be borne by the maintenance district, and the board of supervisors shall levy a special assessment tax or, for lighting purposes, an assessment each year upon the real property in the maintenance district sufficient to pay such expense, or the portion thereof, which shall be paid by the maintenance district. (Amended by Stats. 1979, Ch. 261.)
  53. 5830.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If the board of supervisors levies a lighting-maintenance assessment under Section 5830, it must be levied under Chapter 6.1 of the Government Code.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5830.1. Whenever the board of supervisors levies an assessment authorized by Section 5830 for purposes of lighting maintenance, the assessment shall be levied pursuant to Chapter 6.1 (commencing with Section 54701) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1982, Ch. 487, Sec. 13. Effective July 10, 1982.)
  54. 5831.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The special assessment tax is to be collected like the county’s general tax levy, paid into the county treasury for the maintenance district fund, and used to pay district expenses.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5831. The special assessment tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes and when collected shall be paid into the county treasury to the credit of the fund of the maintenance district and be used for the payment of the expenses of the district. The board of supervisors may control and order the expenditure thereof for such purposes. (Amended by Stats. 1982, Ch. 487, Sec. 15. Effective July 10, 1982.)
  55. 5832.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors may decide that all or part of maintenance costs will be paid by the county, and if that happens the county becomes obligated to make the contribution stated in the resolution.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5832. The board of supervisors may determine that the whole or any part of the expense of such maintenance shall be paid by the county. If the county is to contribute toward the expenses of such maintenance the resolution of intention shall so provide. When such provision is made the execution of the contract for maintenance shall create an obligation in the county to make the contribution provided for in the resolution. (Added by Stats. 1941, Ch. 79.)
  56. 5832.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors may temporarily move unused money into the maintenance district fund, and the transferred money must earn interest set by the board and later be paid back from the first available receipts.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5832.5. The board of supervisors may temporarily transfer moneys to the maintenance district fund from other funds in which such moneys are not immediately needed. The money so transferred shall bear interest at a rate to be fixed by the board and shall be used for the purposes provided in this chapter and be retransferred from the maintenance district fund out of the first available receipts. (Amended by Stats. 1972, Ch. 852.)
  57. 5832.6.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If a maintenance district is created too late to levy a tax or assessment that year or the next, the board of supervisors may transfer unused county funds to the district fund, and later must repay the county and move the money back from the district’s first receipts.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5832.6. If a maintenance district is organized in any year too late for the levy of a special assessment tax or an assessment, as the case may be, in that year or in the next ensuing year, the board of supervisors is hereby authorized to transfer funds of the county not immediately needed for county purposes to the maintenance district fund of the district to be used for the payment of the expenses of the district until such time as special assessment tax or assessment, as the case may be, receipts are available therefor. The board of supervisors shall include in the levy of special assessment taxes or assessments for the district for the first fiscal year in which a tax or an assessment may be levied, a sum sufficient to repay to the county the amounts so transferred to the district for the portion or portions of the preceding fiscal year or years for which no levy of taxes or assessments was made for that purpose and the amounts so transferred shall be retransferred to the county treasury from the maintenance district fund of the district out of the first available receipts from the tax or assessment levy. (Amended by Stats. 1979, Ch. 261.)
  58. 5832.7.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    Land added to a maintenance district or temporary zone by annexation or incorporation after a loan is made must keep being taxed or assessed to repay its share of the unpaid loan balance.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5832.7. Any area of a maintenance district, or of a temporary zone formed pursuant to Section 5855 in a district, which is included in a city by annexation or incorporation after a loan has been made shall continue to be taxed or assessed for the repayment of its proportionate share of the unpaid balance of the loan. (Amended by Stats. 1979, Ch. 261.)
  59. 5832.8.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A board of supervisors may propose a special tax for maintenance improvements, but the ordinance must go to district voters and takes effect only if two-thirds approve it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5832.8. (a) The board of supervisors may adopt an ordinance proposing the imposition of a special tax for the purpose of maintaining improvements. Such ordinance shall be submitted to the voters of the maintenance district and shall take effect upon approval of two-thirds of the voters of the district voting on the ordinance. The approval of the voters may be secured at a district or countywide election, or by a ballot mailed to each registered voter in the district. The election shall be conducted pursuant to the provisions of the Elections Code. (b) The ordinance submitted to the voters for approval pursuant to the provisions of subdivision (a) shall specify the terms of the special tax to be imposed which shall include the manner in which the obligation of each taxpayer is determined, when the special tax is to be levied, and the method of collection. The ordinance may also specify that the special tax imposed by the ordinance may be adjusted annually by the percentage change in the total appropriations subject to limitation of the local government for purposes of Article XIII B of the California Constitution. (c) Upon approval of the voters under subdivision (a), the board may levy the special tax as authorized by the ordinance, until superseded by a new ordinance adopted pursuant to the provisions of subdivision (a), or until repealed pursuant to an ordinance adopted by the board. (d) The provisions of this section shall apply only to maintenance districts located wholly within the Town of Portola Valley. (Added by Stats. 1980, Ch. 126, Sec. 1. Effective May 23, 1980.)
  60. 5833.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The county board of supervisors for a maintenance district must make and enforce district rules, handle contracts and maintenance provisions, hire needed personnel, and do other acts needed to carry out the chapter.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5833. The board of supervisors of the county in which a maintenance district is formed shall: (a) Make and enforce all rules and regulations necessary for the administration, operation and government of such district. (b) Execute all contracts and make all necessary provisions for the maintenance and operation of the district, except that the board of supervisors may authorize a designated county officer to make, execute and administer contracts for the installing, maintaining and servicing a system of lights in accordance with standards adopted by the board of supervisors and in accordance with this chapter. (c) Appoint and employ all necessary agents, superintendents, engineers and labor for the proper performance of the work. (d) Perform all other acts necessary or proper to accomplish the purposes of this chapter. (Amended by Stats. 1975, Ch. 227.)
  61. 5835.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The county may maintain and operate improvements, and buy materials, supplies, and labor needed for that work, when the board of supervisors orders it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835. Nothing in this chapter shall be construed as prohibiting the county itself from maintaining and operating any or all of the improvements when ordered by the board of supervisors and from purchasing the materials and supplies and employing the labor necessary for those purposes. (Added by Stats. 1986, Ch. 195, Sec. 143.)
  62. 5835.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    This section defines “sewers” for this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835.1. “Sewers” as used in this chapter includes lateral and collecting sewers, septic tanks, and all other means of handling, gathering, and disposing of sewage in the district. (Added by Stats. 1986, Ch. 195, Sec. 144.)
  63. 5835.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    This section defines “maintenance of sewers” to include extending and enlarging sewers within the district, and acquiring or կառուցing other works or improvements needed for proper sewer operation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835.2. “Maintenance of sewers” as used in this chapter includes the extension and enlargement of sewers within the district, and the acquisition or construction of other works or improvements useful in the proper operation of those sewers. (Added by Stats. 1986, Ch. 195, Sec. 145.)
  64. 5835.3.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    For lighting systems, “maintenance” includes replacing obsolete equipment with new modern equipment when the board of supervisors or a city legislative body finds it necessary for proper district operation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835.3. “Maintenance” as used in this chapter in relation to lighting systems, includes the replacement of any obsolete equipment with new modern equipment found by the board of supervisors or legislative body of a city to be necessary for the proper operation of the district. The replacement of any such obsolete equipment with any such new modern equipment, except for work done by a utility district or a private utility company under contract with the maintenance district, shall be subject to the requirements of Article 56 (commencing with Section 20840) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (Added by Stats. 1986, Ch. 195, Sec. 146.)
  65. 5835.4.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A lighting maintenance district’s board of supervisors may create an accumulative capital outlay fund and may later add unencumbered year-end surplus funds to it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835.4. The board of supervisors of any lighting maintenance district may provide for the establishment of an accumulative capital outlay fund for the replacement of obsolete lighting system equipment. The fund shall be held in reserve until appropriated in whole or in part to a specific project. At any time after the creation of the fund, the board may transfer to it any unencumbered surplus funds remaining on hand at the end of the fiscal year after the payment of the expenses of the district. (Added by Stats. 1963, Ch. 854.)
  66. 5835.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A county may lend funds to a county maintenance district, and the board of supervisors controls the loan terms, repayment, and related taxation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5835.5. Pursuant to a resolution adopted by its board of supervisors, a county may lend any available county funds to a county maintenance district for the replacement of obsolete equipment, or to defray unusual maintenance costs. Any such loan may be restricted for use in a temporary zone formed under the provisions of Section 5855 in a district. The loan shall bear interest at a rate to be fixed by the board of supervisors, and shall be repaid in approximately equal installments over a period not to exceed 10 years. Any funds lent to the district, or zone, are appropriated for the purposes for which the loan was made. Any area of a district, or of a temporary zone in a district, which is included in a city by annexation or incorporation after a loan has been made shall continue to be taxed or assessed for the repayment of its proportionate part of the unpaid balance of the loan. If a zone is formed to be responsible for the loan, the board of supervisors shall, in the first fiscal year in which a special tax or assessment may be levied in the zone, and in each succeeding year of the duration of the zone, levy a special tax or assessment upon the taxable property in the zone for the purpose of repaying with interest the amount lent to the district by the county. When the loan has been repaid, the zone shall terminate. In case of emergency, the board of supervisors may also borrow funds from another maintenance district and the board of supervisors may lend available district funds to another maintenance district. Such loans shall be subject to the same terms and conditions as loans made from county funds. (Amended by Stats. 1979, Ch. 261.)
  67. 5836.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    Property acquired by a maintenance district vests in the county, and if the district is dissolved because all of its territory is inside a city, the property passes to that city or is disposed of by the county board of supervisors when more than one city is involved.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5836. The title to all property acquired by a maintenance district shall be vested in the county. Upon the dissolution of the district by reason of all of its territory being included within a city, such property shall thereupon become the property of such city, and if all of the district is included within more than one city then such property shall be subject to the disposition of the board of supervisors of the county. Such disposition shall be between the several cities in such manner as to the board seems most just and equitable. (Added by Stats. 1941, Ch. 79.)
  68. 5837.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    Maintenance district boundaries may be changed, territory may be annexed, and the board of supervisors may set annexation hearings and parcel contribution amounts.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5837. The boundaries of any maintenance district may be altered, and contiguous or noncontiguous territory whether it is within incorporated or unincorporated territory may be annexed thereto. If incorporated territory is sought to be annexed, consent thereto shall first be obtained from the legislative body of the city. The board of supervisors may by resolution fix a time and place for hearing upon the question of annexation of such territory to an existing maintenance district. The resolution shall describe the boundaries of the territory proposed to be annexed. The board of supervisors may by resolution determine that each parcel of the territory annexed or to be annexed to a sewer maintenance district should pay its proportionate share of the cost of outfall and/or pumping plant construction previously paid for by other properties within said district and shall in said resolution fix the amount to be contributed by each said parcel. No parcel so annexed or to be annexed shall be issued a permit to connect to the sewer until the full amount of contribution so fixed has been paid. Any contribution whether heretofore or hereafter collected for such purposes shall be deposited in the county treasury to the credit of said district, or shall be held in trust until the parcel is included within the boundaries of the district at which time such contributions shall be transferred to the credit of said district. The date set for the hearing on the proposed annexation shall be at least three weeks from and after the date of the adoption of the resolution setting the hearing. (Amended by Stats. 1953, Ch. 693.)
  69. 5838.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must notify affected property owners about the hearing by mail, post hearing notices in the territory, and, in some annexation proceedings, publish notice in a newspaper.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5838. The board of supervisors shall cause notice of the time, place, and purpose of the hearing to be given by mail to each owner whose name and address appears on the last equalized assessment roll and who owns real property within the boundaries of the territory sought to be annexed. The notice shall contain the name and telephone number of a local department or agency designated by the board of supervisors to answer inquiries regarding the hearing proceedings. The person directed by the board of supervisors to mail the notices shall file, upon the completion of the mailing, an affidavit setting forth the time and manner of the compliance with this section. In addition, the board of supervisors shall cause notices of the hearing to be posted in three conspicuous places within the territory proposed to be annexed. The notices shall be headed “Notice of hearing” in letters not less than one inch in height and shall contain a description of the territory proposed to be annexed and a statement of the time and place of the hearing. In lieu of the description the boundaries of territory proposed to be annexed may be shown by means of a diagram printed upon the notice. The notice shall be posted not less than 10 days prior to the date set for the hearing. In proceedings for annexation to sewer, lighting, or drainage maintenance districts, the board of supervisors shall direct its clerk to publish a notice once a week for two successive weeks in the newspaper of general circulation that the board deems most likely to give notice of hearing to the inhabitants. Such notice shall state the time and place of the hearing and shall contain a description of the territory proposed to be annexed or, in lieu of such description, the boundaries of the territory proposed to be annexed may be shown by means of a diagram. Such publication together with the posting of notices of hearing may be deemed adequate notice and no mailed notice need be required. (Amended by Stats. 1975, Ch. 968.)
  70. 5839.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must hear the proposal and any objections at the hearing, and may approve annexation and boundary changes if the stated facts exist.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5839. At the time fixed for the hearing or to which it may be continued, the board of supervisors shall hear and pass upon the proposal and any objections which may be filed to the inclusion of any property within the proposed annexation. The board of supervisors may, by order entered upon its minutes, determine that such territory or any part thereof may be annexed to the district and may order that the boundaries of the district be altered to include such territory if one or more of the following facts exist: (a) The territory to be annexed will be benefited by annexation. (b) The annexation will allow economies and efficiencies in the administration or operation of an existing lighting system in the territory to be annexed. (Amended by Stats. 1979, Ch. 261.)
  71. 584.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 284 runs from Route 70 at Chilcoot to Frenchman Reservoir.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 584. Route 284 is from Route 70 at Chilcoot to Frenchman Reservoir. (Added by Stats. 1970, Ch. 1473.)
  72. 5840.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    Annexation of certain territory to a maintenance district is not complete until related contracts end or are adjusted and remaining funds are apportioned.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5840. If any portion of the territory annexed to a maintenance district comprises a portion of another maintenance district formed under the provisions of this chapter, a highway lighting district organized pursuant to Part 4 (commencing with Section 19000) of Division 14, or a sewer maintenance district formed under the provisions of Chapter 4 (commencing with Section 4860), Part 3, Division 5 of the Health and Safety Code, the annexation of such territory shall not become complete unless and until any outstanding contract of the other district of which such territory is a part has expired or such contract, with the consent of the parties thereto, has been modified or canceled so as to relieve the other district of further obligation to pay for future contract obligations within the portion of the territory so withdrawn, and the funds of such other district remaining on hand upon the completion of such annexation shall have been apportioned between the maintenance district to which the territory was annexed and the other district from which it was withdrawn. The division of such funds shall be prorated in the proportion that the assessed value of the real property of the territory so withdrawn bore to the total assessed value of the real property within the district prior to such withdrawal. (Amended by Stats. 1979, Ch. 261.)
  73. 5841.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If annexed territory fully covers another listed district, that prior district is dissolved when the annexation is completed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5841. If the territory annexed to a maintenance district includes within its boundaries all of another maintenance district formed under the provisions of this chapter, a highway lighting district organized pursuant to Part 4 (commencing with Section 19000) of Division 14, or a sewer maintenance district formed under the provisions of Chapter 4 (commencing with Section 4860), Part 3, Division 5 of the Health and Safety Code, upon such annexation becoming complete by the adoption of the order of the board of supervisors, the prior existing district so annexed shall thereupon be dissolved. Any funds of the district remaining on hand at the time of the annexation shall be transferred to the maintenance district to which such territory is annexed and any contracts or obligations of the previously existing district shall become the obligations of the maintenance district to which it is annexed. (Amended by Stats. 1979, Ch. 261.)
  74. 5841.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    After annexation and dissolution, the maintenance district must take over the dissolved district’s assets and liabilities, and it is entitled to the related property tax revenues.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5841.5. Notwithstanding any other provision of law, subsequent to annexation of such territory and dissolution of the annexed district, the maintenance district shall assume all of the assets and liabilities of the dissolved district and shall be entitled to all of the property tax revenues to which the territory annexed would have been entitled had the territory not been so annexed. (Added by Stats. 1979, Ch. 261.)
  75. 5842.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    After certain additional improvements are built in a maintenance district, the board of supervisors must adopt a resolution, set a hearing, and include the estimated annual maintenance-and-operation cost.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5842. If, after the formation of a maintenance district, additional improvements of the same type or nature are constructed within the boundaries of such district, the board of supervisors shall adopt a resolution declaring its intention that the cost of maintaining and operating such additional improvements shall be borne by the existing maintenance district. It shall fix a time and place for a hearing on such resolution, at which hearing any and all persons having any objections to the things proposed to be done may appear and be heard. The resolution shall contain a statement of the estimated annual cost of maintaining and operating such additional improvements. (Added by Stats. 1941, Ch. 79.)
  76. 5843.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must give hearing notice to people in the existing maintenance district, use mailed notice for certain lighting district improvements over $2,500, hear protests, and may charge the district for the improvement expenses.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5843. Notice of the hearing on the resolution shall be given to the persons within the existing maintenance district in the manner prescribed by Section 5838. Mailed notice shall be required with respect to additional improvements for a lighting maintenance district where the annual cost to such district of such additional improvements is more than two thousand five hundred dollars ($2,500). At the hearing the board of supervisors shall hear and pass upon any and all protests to the maintaining and operating of such additional improvements by the existing maintenance district and its decision shall be final and conclusive. At the conclusion of the hearing the board of supervisors may by order, entered upon its minutes, make the expenses of maintaining and operating such additional improvements a charge upon the existing maintenance district. (Amended by Stats. 1967, Ch. 316.)
  77. 5843.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors may make the cost of installing and maintaining additional lights a charge on an existing lighting maintenance district, and may proceed with the installation if enough funds are available.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5843.5. Notwithstanding any other provisions of this chapter, the board of supervisors, upon its own motion or upon receipt of a petition signed by 20 or more taxpayers of an existing lighting maintenance district asking for the installation and maintenance of additional lights, may, by order entered upon its minutes, make the expenses of the installation and maintenance of the additional lights a charge upon the existing district if the board determines that it will be just and equitable, and in the public interest for the additional cost, if any, to be paid by the district as a whole. If sufficient funds are available or will be available from a tax levy already made or after the tax levy has been made, the board may proceed with the installation of the additional lights. (Amended by Stats. 1969, Ch. 766.)
  78. 5844.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A portion of a maintenance district that would not be benefited by staying in the district may be withdrawn, and the board of supervisors may set a hearing time by resolution entered in its minutes.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5844. Any portion of any maintenance district which will not be benefited by remaining within the district, may be withdrawn therefrom. The board of supervisors may by resolution entered upon its minutes fix a time for a hearing on the question of the withdrawal of any portion of a maintenance district which will not be benefited by remaining within the district. (Added by Stats. 1941, Ch. 79.)
  79. 5845.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must schedule the hearing 10 to 30 days after the resolution and give public notice before the hearing, including newspaper publication and posting notices in specified places.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5845. The time for the hearing shall be not less than 10 nor more than 30 days after the date of the adoption of the resolution. The board of supervisors shall at least five days prior to the time so fixed cause a notice of such hearing to be published by one insertion in such daily, weekly or semiweekly newspaper printed, published and circulated in the county, as the board deems most likely to give notice to the inhabitants of the district of the proposed withdrawal. Copies of the notice also shall be posted at least one week prior to the date fixed for the hearing in three conspicuous places within that portion of the maintenance district sought to be withdrawn and in three conspicuous places within the remaining portion of the district. (Added by Stats. 1941, Ch. 79.)
  80. 5846.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    At the hearing, interested persons may object to withdrawing part of a maintenance district or to keeping the remaining area as a district. The board of supervisors must consider the objections and, if the stated findings are made, order the withdrawal and continuation of the remaining territory as a maintenance district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5846. Any person interested may appear at the hearing and object to the withdrawal of said portion from the maintenance district, or may object to the continuance of the remaining territory as a maintenance district. The board of supervisors shall consider and pass upon all objections and if it finds that the portion of the district sought to be withdrawn will not be benefited by remaining within the maintenance district and that the remaining territory not sought to be withdrawn will be benefited by continuing as a maintenance district, then it shall order such withdrawal and the continuance of the remaining territory as a maintenance district. (Added by Stats. 1941, Ch. 79.)
  81. 5847.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A territory withdrawal under Sections 5846 or 5853 does not take effect until the maintenance district’s outstanding contract has expired, or the contract has been modified or canceled with the parties’ consent to remove future maintenance payment obligations.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5847. No withdrawal of territory under the provisions of Section 5846 or 5853 shall become effective unless and until any outstanding contract of the maintenance district from which a portion is sought to be withdrawn has expired, or such contract, with the consent of the parties thereto, has been modified or canceled so as to relieve such maintenance district of further obligation to pay for future maintenance within the territory so withdrawn. (Amended by Stats. 1955, Ch. 201.)
  82. 5847.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A qualifying maintenance district may join a county sanitation district if the county board of supervisors approves the inclusion after a hearing and the district’s governing body consents by majority vote.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5847.5. Any maintenance district created to finance any work which might also be constructed or maintained by a county sanitation district, may become a part of a county sanitation district after the board of supervisors of the county within which the maintenance district is located has, after a hearing held pursuant to the County Sanitation District Act (Chapter 3 (commencing with Section 4700), Part 3, Division 5 of the Health and Safety Code), determined by resolution that such inclusion is for the best interest of the maintenance district and the governing body of the maintenance district consents to the inclusion by resolution adopted by the affirmative vote of a majority of its members. (Added by Stats. 1961, Ch. 1319.)
  83. 5847.6.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A maintenance district included in a county sanitation district is not dissolved by that inclusion and may keep operating as before.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5847.6. A maintenance district included in a county sanitation district pursuant to Section 5847.5 is not dissolved by such inclusion, but may continue to function in the same manner that it functioned before the inclusion. (Added by Stats. 1961, Ch. 1319.)
  84. 5848.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    A maintenance district may be dissolved by the board of supervisors, which may first adopt a resolution and set a hearing time.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5848. Any maintenance district may be dissolved by the board of supervisors. The board of supervisors upon its own motion may adopt a resolution declaring its intention to dissolve the maintenance district and may fix a time for a hearing upon such dissolution. The time for such hearing shall be not less than 10 days nor more than 30 days after the date of the adoption of such resolution, and the clerk of the board of supervisors shall, at least 15 days prior to the time so fixed, publish notice of such hearing by one insertion in a daily, weekly or semiweekly newspaper printed, published and circulated in the county, and cause printed copies of such notice to be posted in three conspicuous places within the maintenance district. (Added by Stats. 1941, Ch. 79.)
  85. 5849.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors must hear dissolution objections and may approve or deny dissolution of a maintenance district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5849. At the time appointed for such hearing, or at any time to which it is adjourned, the board of supervisors shall hear and pass upon the question of dissolution and all objections and protests and may grant or deny the same, and its decision thereon shall be final and conclusive. If the board of supervisors upon such hearing determines that the maintenance district shall be dissolved, the board of supervisors shall, by resolution, order the dissolution of the district and the district shall thereupon be dissolved. The maintenance and operation of the improvements of such district may be continued thereafter until the funds collected for the purpose of maintaining and operating them have been expended for that purpose. (Added by Stats. 1941, Ch. 79.)
  86. 5850.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If a maintenance district is fully included within one or more cities and the district is dissolved, the board of supervisors must pay over the district funds in the county treasury as this chapter directs.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5850. Upon the inclusion of all of the territory of a maintenance district within one or more cities, either by reason of annexation proceedings or by reason of the incorporation of one or more cities, and upon dissolution of such district, all funds paid into the county treasury to the credit of such district shall be paid over by the board of supervisors of such district as prescribed in this chapter. (Amended by Stats. 1961, Ch. 1086.)
  87. 5851.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If the entire district lies within one city, it stays in existence until the city files a resolution asking for dissolution or transfer, after which the board of supervisors must dissolve the district or transfer jurisdiction as requested.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5851. If the whole district is so included within one city, the district shall continue in existence for all purposes until a copy of a resolution adopted by the city requesting dissolution of the district or requesting transfer of jurisdiction over the district and the funds of the district to the city is filed with the board of supervisors whereupon the district shall be dissolved or jurisdiction over the district shall be transferred by resolution of the board of supervisors to the city, as requested by the resolution adopted by the city, and such funds shall be paid to the treasurer of that city and administered by the legislative body of the city for the benefit of the district. (Amended by Stats. 1963, Ch. 1727.)
  88. 5852.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If the district is entirely inside cities, it stays in existence until all the cities file a joint resolution requesting dissolution; any one city may also withdraw its territory under Section 5853.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5852. If a part only of the district is so included within one city and the remaining part of the district is so included within one or more other cities, so that no portion of the district remains within unincorporated territory of the county, the district shall continue in existence for all purposes until a copy of a joint resolution adopted by all of the cities requesting dissolution of the district is filed with the board of supervisors whereupon the district shall be dissolved. The proportionate part of such funds shall be paid to the treasurer of each such city as the assessed valuation of the real property of the portion of the district included therein bore, before being so included, to the total assessed valuation of the real property of the district, and such funds shall be administered by the legislative bodies of such cities for the benefit of the district. Any one city may withdraw its territory from the district in the manner provided by Section 5853. (Amended by Stats. 1961, Ch. 1086.)
  89. 5853.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    When district territory is included in a city, it stays part of the district until the city’s exclusion resolution is received by the board of supervisors. If territory is withdrawn, district property and unencumbered funds must be divided between the city and the remaining district in proportion to assessed value.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5853. Whenever any portion of a district is included within a city by reason of incorporation, annexation, or otherwise, such portion shall continue to remain a part of the district for all purposes until a copy of a resolution adopted by the city requesting exclusion of such territory from the district is received by the board of supervisors. Upon the withdrawal of any territory of a district, all property acquired for the district and all unencumbered funds on the date of withdrawal, including all taxes levied and collected by the district in any year in which taxes are levied and collected by the district after the date of withdrawal on property withdrawn from the district, shall be divided between the city and the remaining district in proportion to the assessed value of the real property of the territory so withdrawn and the portion remaining. For the purpose of this article, the unencumbered funds are the sum of money, uncollected taxes, and other uncollected amounts belonging to or due such district, in excess of an amount sufficient to pay all claims and accounts against the district. (Amended by Stats. 1957, Ch. 771.)
  90. 5854.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors may change a maintenance district’s name by resolution to match a street name or other district designation, and the clerk must file a certified copy with the county assessor and the State Board of Equalization.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5854. The board of supervisors may by resolution change the name of any maintenance district to conform with a change in the street name or other designation which the district bears. The clerk of the board of supervisors shall file in the office of the county assessor and with the State Board of Equalization a certified copy of every such resolution, and upon such filing the name of the district shall be changed for all purposes. (Amended by Stats. 1965, Ch. 729.)
  91. 5855.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    The board of supervisors or legislative body may divide a maintenance district into tax assessment zones, and may later change or dissolve those zones, but only when the stated conditions and procedures are met.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5855. Where the board of supervisors or legislative body has so declared in its resolution of intention to order the formation of a maintenance district or any annexation thereto, the board of supervisors or legislative body may, in its resolution ordering the formation of a maintenance district or any annexation thereto, order the district divided into tax assessment zones. Tax assessment zones may be formed at a time other than at the formation of the district or any annexation thereto if pursuant to the same procedure of resolution, notice, and hearing as are applicable under this chapter to the annexation of territory. No district shall be divided into zones unless the board of supervisors or legislative body finds that a tax assessment zone requires special services or special facilities in addition to those provided generally by the maintenance district or the replacement of obsolete equipment, and that the tax levy is commensurate with the special benefits to be provided in the zone. The boundaries of tax assessment zones may be changed or a zone may be dissolved in the same manner that a zone may be formed in an existing district. When a zone is formed for the purpose of the construction or installation of special facilities in addition to those provided generally by the district or to replace obsolete equipment, the board of supervisors or legislative body may provide at the time of formation for the automatic dissolution of the zone upon payment of all assessments attributable to the special facilities. (Amended by Stats. 1972, Ch. 852.)
  92. 5856.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. )

    Verify source ↗

    If a maintenance district is divided into zones, the board of supervisors or legislative body may decide how much of the tax levy will be secured from each zone.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 26. Maintenance Districts [5820 - 5856] ( Heading of Chapter 26 amended by Stats. 1961, Ch. 2179. ) ## 5856. If a maintenance district is divided into zones, the board of supervisors or legislative body may determine what portion of the amount of money to be secured from the levy of taxes shall be secured from each zone within the district. (Amended by Stats. 1968, Ch. 748.)
  93. 5870.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    This section defines key terms used in the chapter, including “block” and “driveway,” and lets the superintendent of streets designate a 1,000-foot frontage as a block in certain cases.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. ) ## 5870. As used in this chapter: (a) “Block” means property facing one side of any street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. “Street” does not include an alley or other right-of-way unless it is of the same width as a regular residential minimum-width street approved as part of a master plan of circulation or streets by the governmental agency involved. In the case of an alley, “block” means property facing both sides of any alley between the next intersecting streets or alleys, or between the terminus of an alley and an intersecting street. In the case of street lighting, “block” means property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved; or property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved and the property facing the opposite side of the street. Where a “block” exceeds 1,000 feet in length, a length of frontage of 1,000 feet constitutes a “block” as used in this chapter, if so designated by the superintendent of streets. A determination by the superintendent of streets of such a 1,000-foot block establishes a “block” and cannot later be changed to include a portion of said 1,000-foot “block” in another “block.” (b) “Driveway” means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles. (Amended by Stats. 1971, Ch. 153.)
  94. 5871.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    This section says when the chapter applies to sidewalk, curb, driveway, drainage, utility, parkway tree, and street lighting work, and when it does not.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. ) ## 5871. (a) This chapter applies to the construction of sidewalks, gutters, pavements, driveways, and curbs, and the installation of storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service, parkway trees, and street lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway, the installation of storm and sanitary sewer drainage facilities, water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service, parkway trees, and street lighting facilities, or curb, or all of them, have been previously constructed in front of properties in the block constituting more than 50 percent of the front footage of the block, or where the owners of more than 60 percent of the front footage of the block, as shown by the last equalized assessment roll of the city, file a petition with the city clerk requesting the installation of any of those improvements, or where a petition signed by the owners of more than 60 percent of the front footage of any part of an unimproved portion or portions of a block has been filed with the city clerk requesting the installation of those improvements in front of that part. (b) This chapter does not apply to the construction of improvements of the type specified in subdivision (a) fronting on, or otherwise adjacent to, or in conjunction with, an arterial or collector street section. For purposes of this section, an “arterial or collector street section” is a street section with more than one traffic lane in each direction either before or after the proposed improvement, or a street section on which more than 70 percent of the average daily vehicle trips do not originate or end within the proposed assessment district. (c) Notwithstanding subdivision (b), this chapter applies to the construction of sidewalks, curbs, and gutters appurtenant thereto, sufficient paving to provide a parking lane, and to parkway trees and street lighting facilities, but only to the extent that those improvements are in front of the property on arterial or collector street sections, which is otherwise subject to assessment, if the property has not been subject to any other special assessment to pay for construction of sidewalks, curbs, gutters, parking lane paving, parkway trees, or street lighting facilities within the preceding 10 years. As used in this subdivision, “gutters” shall include only above-ground structures appurtenant to sidewalks and curbs. As used in this subdivision, “parking lane” means a paved area adjacent to the curb which is used exclusively for on-street parking. It does not include any portion of the street used for through traffic or as a bicycle lane. An assessment for parking lane purposes shall not include the cost of any signs necessitated by the parking lane. If property is assessed for a parking lane pursuant to this chapter and the parking lane is subsequently converted to another use, the amount of the assessment paid, together with interest at the prime rate plus 3 percent, shall be paid by the city to the then owner of the property. (d) This chapter does not apply to driveway construction in front of a vacant lot, or in front of an unimproved property, unless requested by the owner. (e) This chapter does not apply to the repair, resurfacing, or maintenance of streets. (f) As used in this chapter, “sidewalks or curbs” includes “gutters,” “driveways,” “pavement” to the centerline of the street, “full pavement” in alleys, “storm and sanitary drainage facilities,” “water mains,” “pipes,” “ conduits,” “tunnels,” “hydrants,” and “other necessary works and appliances for providing water service,” “paving to provide a parking lane on arterial or collector street sections,” “parkway trees,” and “street lighting facilities;” and “superintendent of streets” includes any other person or persons who may be designated by the legislative body to perform any of the duties of the superintendent of streets set forth in this chapter. (g) “Fronting” and “facing,” as used in this chapter, means “abutting” in the case of property adjoining an alley improvement. (h) In the case of street lighting, in determining how much of the front footage of a block has been improved, the front footage of property benefiting from existing installations may be included regardless of the side of the street on which the installation has been constructed. (Amended by Stats. 1986, Ch. 449, Sec. 2. Effective July 22, 1986.)
  95. 5872.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    This chapter is a separate procedure for the listed work, and most other division provisions do not apply unless this chapter says otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. ) ## 5872. This chapter constitutes a separate and alternative procedure for performing the work specified herein, and except as otherwise provided in this chapter, no other provision of this division, excepting definitions, shall apply to proceedings instituted hereunder. Chapter 8 (commencing with Section 5220) applies to any proceedings taken under this chapter. The “Special Assessment Investigation, Limitation and Majority Protection Act of 1931” does not apply to proceedings taken under this chapter. (Amended by Stats. 1986, Ch. 449, Sec. 3. Effective July 22, 1986.)
  96. 5873.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    In this chapter, “cost” or “construction cost” includes the actual construction cost and incidental expenses, as defined in Section 5024.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 1. General Provisions [5870 - 5873] ( Article 1 added by Stats. 1945, Ch. 1339. ) ## 5873. As used in this chapter, “cost,” “construction cost,” or variants thereof, means and includes both the actual cost of construction of the work and any incidental expenses, as defined in Section 5024. (Amended by Stats. 1963, Ch. 1837.)
  97. 5875.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

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    Property owners fronting certain streets must build or have built sidewalks or curbs in front of their property after notice from the superintendent of streets, if the listed frontage or petition conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5875. The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than fifty percent (50%) on one side of such street or place in any block, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of any part of an unimproved portion or portions of a block has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion orders the installation of such improvements in front of said part, shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the superintendent of streets. (Amended by Stats. 1970, Ch. 1031.)
  98. 5876.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The superintendent of streets may, and in some cases must, notify the owner or person in possession to build sidewalks or curbs in front of the property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5876. When the superintendent of streets finds that sidewalks or curbs have been constructed, or that their construction has been guaranteed to his satisfaction, in front of properties constituting more than fifty percent (50%) of the frontage in any block, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of any part of an unimproved portion or portions of a block has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion has ordered the installation of such improvements in front of said part, said superintendent of streets may, and upon the instructions of the legislative body of the city shall, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no sidewalks or curbs have been constructed theretofore, to construct or cause to be constructed sidewalks or curbs in front of his property. (Amended by Stats. 1970, Ch. 1031.)
  99. 5877.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    A notice to construct may be given by personal delivery or by mailing a prepaid postal card to the property owner or person in possession.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5877. Notice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalks or curbs to be constructed or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Amended by Stats. 1963, Ch. 1837.)
  100. 5878.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The superintendent of streets must, right after the notice is mailed, post a copy of the notice on the property in a conspicuous place.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5878. The postal card shall contain a notice to construct the sidewalks or curbs as the case may be, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof, printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. (Amended by Stats. 1963, Ch. 1837.)
  101. 5878.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The notice must state the hearing’s day, time, and place, and the hearing cannot be held sooner than 10 days after notice is given.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5878.1. The notice shall also specify the day, hour, and place when the legislative body will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall the hearing be sooner than 10 days after giving of notice. Upon the day and hour fixed for the hearing, the legislative body shall hear and pass upon objections or protests in accordance with Chapter 8 (commencing with Section 5220). The hearing required by this section is in addition to the hearing required by Section 5881. (Amended by Stats. 1986, Ch. 449, Sec. 4. Effective July 22, 1986.)
  102. 5879.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

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    The notice must specify the required work, how it must be done, and what materials must be used. If construction is not started within 60 days after notice and then diligently completed, the superintendent of streets must have the work done and the cost becomes a lien on the property. With all affected property owners petitioning, the 60-day period may be waived and the superintendent may act immediately.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5879. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the construction and shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by all of the affected property owners, the 60-day period may be waived and the superintendent of streets may immediately cause the construction to be done, and the cost of the same shall be a lien upon the property. (Amended by Stats. 1961, Ch. 1826.)
  103. 5879.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

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    The legislative body may adopt a resolution to have bonds issued and assessments collected and enforced under Part 5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5879.1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice shall also specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed 10 years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. (Amended by Stats. 1968, Ch. 986.)
  104. 5880.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    If sidewalk or curb construction is not started and completed with due diligence as required, the superintendent of streets must promptly build the sidewalks or curbs.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5880. If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice or by the legislative body after the hearing required by Section 5878.1 of this chapter, the superintendent of streets shall forthwith construct the sidewalks or curbs. (Amended by Stats. 1963, Ch. 1837.)
  105. 5881.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    After construction is completed, the superintendent of streets must give notice of the construction cost and the hearing details, and the hearing must not be held sooner than 10 days after notice is given.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5881. Upon the completion of the construction, the superintendent of streets shall cause notice of the cost of the construction to be given in the manner specified in this article for the giving of notice to construct, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the construction, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested persons. In no case shall the hearing provided for in this section be sooner than 10 days after giving of notice. If bonds are to be issued, the notice shall also contain the information required by Section 5879.1. The cost of the construction may include a proportionate share, as determined by the legislative body, of the cost of improvements constructed in a place other than in front of a parcel of property which are required for the proper functioning of the improvements in front of the parcel. (Amended by Stats. 1967, Ch. 615.)
  106. 5882.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    After the work is completed, the superintendent of streets must file a report with the legislative body and assess each lot or parcel for its share of the total cost based on the benefit received.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5882. Upon the completion of the construction, the superintendent of streets shall prepare and file with the legislative body a report specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land proposed to be levied to pay the cost or portion thereof. The report may include work done in front of any number of parcels of property, whether contiguous to each other or not. In determining the amount of the assessment against each lot or parcel of land, the superintendent shall assess the same portion of the total cost of the work against each lot or parcel as that parcel will receive of the total benefit from the work. (Amended by Stats. 1986, Ch. 449, Sec. 5. Effective July 22, 1986.)
  107. 5883.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The legislative body must hear and decide the superintendent of streets’ report and any objections at the fixed hearing time, may revise the report, may adjourn the hearings, and its decisions on protests and objections are final.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 2. Performing the Work [5875 - 5883] ( Article 2 added by Stats. 1945, Ch. 1339. ) ## 5883. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1945, Ch. 1339.)
  108. 5890.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The legislative body may confirm and levy sidewalk or curb construction assessments, and unpaid assessed costs become a special assessment and lien on the affected parcels after five days from confirmation.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5890. The assessments proposed by the superintendent of streets pursuant to Section 5882, as may be amended by the legislative body during the hearing held pursuant to Section 5883, may be confirmed and levied by the legislative body against the parcels of property fronting upon the sidewalks or curbs so constructed, and the cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against each of those parcels, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Amended by Stats. 1986, Ch. 449, Sec. 6. Effective July 22, 1986.)
  109. 5890.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    When land is assessed, credit may be allowed for dedications and for improvements built at private expense.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5890.5. In assessing land, credit may be given for dedications and for improvements constructed at private expense. (Amended by Stats. 1974, Ch. 739.)
  110. 5891.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The superintendent of streets may file a lien certificate with the county recorder for the county where the property is located.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5891. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form, to wit: Notice of Lien Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 20__, cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 20__, by Resolution No. ____ assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ____ percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ____ day of ____, 20__, (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the County of ____, State of ____, and particularly described as follows, to wit: (Description of Property) Dated this _____ day of ____, 20__. Superintendent of Streets (Amended by Stats. 2018, Ch. 198, Sec. 10. (AB 3246) Effective January 1, 2019.)
  111. 5892.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    Recorded lien notices are deemed known to all persons, the city may sue to foreclose an unpaid lien, and the limitation period does not run against the city’s right to enforce payment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5892. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Added by Stats. 1945, Ch. 1339.)
  112. 5893.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    A city legislative body may route a lien notice to city tax officers, who must add the assessment to the next regular tax bill.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5893. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the accounting officer and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Added by Stats. 1945, Ch. 1339.)
  113. 5894.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The lien must be collected with ordinary city taxes, and it is subject to the same penalties, interest, and delinquency foreclosure and sale procedure. Laws for city and county tax levy, collection, and enforcement also apply to the special assessment taxes.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5894. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 1945, Ch. 1339.)
  114. 5895.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    The legislative body may let qualifying assessments of $50 or more be paid in up to 10 annual installments and may set interest on deferred balances, up to 7% per year.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5895. The legislative body shall have the power, in its discretion, to determine that the payment of such assessments of fifty dollars ($50) or more may be made in annual installments, in any event not to exceed 10, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed 7 percent per annum. Said interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. All such determinations may be expressed by resolution of the legislative body at any time prior to the confirmation of the assessments. (Amended by Stats. 1968, Ch. 986.)
  115. 5895.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. )

    Verify source ↗

    If bonds will secure unpaid assessments, the superintendent of streets must notify payment by mail and publication, then file a certificate after the cash-payment period; the notice sets a 30-day cash payment period, and bond interest cannot exceed 7% per year.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 3. Collection of Cost of Construction [5890 - 5895.1] ( Article 3 added by Stats. 1945, Ch. 1339. ) ## 5895.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321. The period for payment in cash stated therein shall be 30 days following the confirmation of the report. Upon completion of such cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5891, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed 7 percent per annum. Thereafter the provisions of Part 5 of this division shall be applicable and payments on assessments at bond shall be made as therein provided. Such bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1968, Ch. 986.)
  116. 5895.50.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. )

    Verify source ↗

    A superintendent of streets with jurisdiction over part or all of an improvement area may serve notices, construct, and do the work for that area even if the fronting property is in another city or county territory.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. ) ## 5895.50. Whenever the property, which fronts on an area where improvements are required to be constructed pursuant to the provisions of this chapter, lies entirely or partially within a city or unincorporated territory of a county and the improvement area or portions thereof lie within one or more other cities or unincorporated territory of one or more other counties, the superintendent of streets of any city or county having jurisdiction over all or a portion of the area to be improved shall have full authority to serve notices, to construct, and to do all work contemplated by Article 2 (commencing with Section 5875) and Article 3 (commencing with Section 5890) of this chapter, notwithstanding the fact that the property fronting on the improvement area lies entirely or partially within another city or unincorporated territory of another county. (Added by Stats. 1969, Ch. 276.)
  117. 5895.51.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. )

    Verify source ↗

    A city or county superintendent of streets may work on the part of a block in another jurisdiction only after getting that jurisdiction’s legislative body to approve consent by majority-vote resolution.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. ) ## 5895.51. Whenever a block, on which improvements are required to be constructed pursuant to the provisions of this chapter, lies within a city or unincorporated territory of a county and within one or more other cities or unincorporated territory of one or more other counties, the superintendent of streets of any city or county having jurisdiction over a part of the block shall have full authority to serve notices, to construct, and to do all work contemplated by Article 2 (commencing with Section 5875) and Article 3 (commencing with Section 5890) of this chapter in that portion of the block lying in the territory of another jurisdiction after the superintendent obtains consent from the legislative body of that jurisdiction. The consent of the legislative body shall be given by resolution adopted by a majority vote of the body’s membership. Thereafter, except as provided in Section 5895.54, the city or county whose superintendent of streets obtained the consent shall have jurisdiction over such areas for the purpose of sidewalk or curb construction. (Added by Stats. 1969, Ch. 276.)
  118. 5895.52.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. )

    Verify source ↗

    A city or county proceeding under this article may pay for the work from the road fund or another available fund.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. ) ## 5895.52. The city or county proceeding under the provisions of this article may pay for such work out of the road fund or any other fund available for such purposes. (Added by Stats. 1969, Ch. 276.)
  119. 5895.53.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. )

    Verify source ↗

    A city or county legislative body that undertakes these improvements may levy an assessment to pay the construction cost, even if the improvements or fronting property are outside its territory.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. ) ## 5895.53. The legislative body of the city or county which undertakes the construction of improvements pursuant to the provisions of this article shall have the authority to levy an assessment to pay the cost of any such construction of improvements, notwithstanding the fact that the improvements or the property fronting on the improvements lies outside the territory of the city or county. Such assessment shall be levied, shall be a lien, and shall be collected in accordance with the provisions of Article 3 (commencing with Section 5890) of this chapter. The assessments so collected shall be paid to the treasurer of the city or county under whose authority the improvements were constructed. (Amended by Stats. 1970, Ch. 210.)
  120. 5895.54.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. )

    Verify source ↗

    This article does not limit the police power of any city or county over sidewalks or curbs built under it.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 27. Construction of Sidewalks and Curbs [5870 - 5895.54] ( Chapter 27 added by Stats. 1945, Ch. 1339. ) ## ARTICLE 4. Construction Outside of Jurisdiction [5895.50 - 5895.54] ( Article 4 added by Stats. 1969, Ch. 276. ) ## 5895.54. Nothing contained in this article shall limit in any manner the police power of any city or county with reference to any sidewalk or curb contructed under the provisions of this article. (Added by Stats. 1969, Ch. 276.)
  121. 5896.1.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    The Legislature states that converting existing overhead electric and communication facilities to underground locations serves a public purpose and is in the public interest.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.1. The Legislature finds that, in many areas of the state, landowners, cities, public agencies, and public utilities desire to convert existing overhead electric and communication facilities to underground locations by means of special assessment proceedings. The Legislature hereby declares that a public purpose will be served by providing a procedure to accomplish this conversion and that it is in the public interest to provide for the conversion by proceedings taken pursuant to this division. (Added by Stats. 1986, Ch. 195, Sec. 147.)
  122. 5896.10.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    For certain conversion projects, the resolution of intention must direct how warrants, assessments, diagrams, or related bonds are sold; the purchaser and successors get the contractor’s collection and enforcement rights.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.10. If the work or improvement consists solely of a conversion, and the work or improvement is performed by a public utility, cable operator, or public agency, the resolution of intention shall provide that (a) the warrant, assessment, and diagram or (b) any bonds issued or to be issued to represent unpaid assessments, or both (a) and (b), shall be sold as the legislative body directs. The purchaser, and any successors, shall have the same rights and liens as the contractor to collect and enforce the assessments and all bonds issued to represent unpaid assessments. If the work and improvement consists, in part, of a conversion and, in part, of other types of work or improvement under this division, the legislative body may provide, in the resolution of intention, that the costs and expenses of conversion are part of the incidental expenses to be advanced to the city by the contractor and to be included in the assessment. Any payments made upon assessments, any proceeds from the sale of the warrant, assessment, and diagram or bonds, and any incidental expenses so advanced to the city may be used by the city for the purpose of making payments to a public utility, cable operator, or public agency pursuant to an agreement made under Section 5896.9. (Amended by Stats. 2017, Ch. 792, Sec. 5. (AB 1145) Effective January 1, 2018.)
  123. 5896.11.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    If a city provides its own electric or communication service through city-owned or city-operated facilities, the legislative body may decide in the work-order resolution that the conversion work be done by the city or its own departments and officials, instead of through competitive bidding.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.11. If the city furnishes electric or communication service by means of electric or communication facilities owned or operated by the city, the legislative body, in the resolution ordering work, may provide that the work or improvement of conversion shall be performed for the price or prices specified in the resolution by the city or any department, agency, commission, or officer of the city having the duty of furnishing the service. To that extent, the provisions of Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code requiring competitive bidding and the award of the contract to the lowest responsible bidder shall be inapplicable. (Added by Stats. 1986, Ch. 195, Sec. 151.)
  124. 5896.13.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    If a city-owned conversion project is handled by the city, the city gets the contractor’s collection and lien rights for unpaid assessments and bonds. If the project is partly a conversion and partly other work, the legislative body may allocate conversion costs as incidental expenses and the city may retain those amounts for reimbursement.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.13. If the work or improvement consists solely of conversion of electric or communication facilities owned or operated by the city and the legislative body has provided that such work or improvement shall be performed by the city or any department, agency, commission or officer of the city, the warrant, assessment and diagram and all bonds issued to represent unpaid assessments shall be delivered to the city and the city shall thereupon have the same rights and liens as the contractor to collect and enforce the payment of the assessments and all bonds issued to represent unpaid assessments. In such event, (a) such warrant, assessment and diagram or (b) any bonds issued or to be issued to represent unpaid assessment, or both (a) and (b), may be sold as the legislative body directs and the purchaser, and any successors, shall thereupon succeed to all of the rights and liens of the city. If the work and improvement consists, in part, of a conversion and, in part, of other types of work or improvement, the legislative body may provide in the resolution of intention that the costs and expenses of conversion shall constititute part of the incidental expenses to be advanced to the city by the contractor and to be included in the assessment. Any incidental expenses so advanced to the city may be retained by the city for the purpose of paying or reimbursing the city for the cost of such conversion. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  125. 5896.14.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    Owners in the assessment district must, at their own expense, construct, reconstruct, relocate, or convert covered electric or communication facilities on their lots or parcels, unless they use a written request that allows the work to be done and the cost added to the assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.14. (a) Subject to applicable rules, regulations, tariffs, or ordinances, all electric or communication facilities, including connections to the owner’s premises, located upon any lot or parcel of land within the assessment district shall be constructed, reconstructed, relocated, or converted by the owner of the lot or parcel at his or her own expense. This work may be done by the contractor, or the public utility, cable operator, public agency, or city performing the conversion work, and the cost thereof included in the assessment to be levied upon the lot or parcel, provided that the owner shall execute a written request therefor and file it with the clerk. Any such request shall expressly authorize the contractor, public utility, cable operator, public agency, or city, and the respective officers, agents, and employees of each, to enter upon the lot or parcel for that purpose and shall waive any right of protest or objection in respect of the doing of that work and the inclusion of the cost thereof in the assessment. (b) The provisions of this chapter shall not be deemed to diminish any right of an owner of a lot or parcel of land to contract any portion of work on his or her premises. (Amended by Stats. 2017, Ch. 792, Sec. 6. (AB 1145) Effective January 1, 2018.)
  126. 5896.15.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    A written request under Section 5896.14 must be filed with the clerk by the conversion construction start date.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.15. Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the date fixed for commencement of construction of the conversion. A written request executed after such date shall not be accepted for filing by the clerk unless it shall contain the written approval of the contractor, public utility, public agency or city which is authorized to perform such work or improvement. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  127. 5896.16.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    The clerk must mail a notice to each owner of land in the assessment district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.16. The clerk shall mail a notice to each owner of a lot or parcel of land within the assessment district advising him of the provisions of Sections 5896.14 and 5896.15 and stating that unless such owner complies with the requirements of such sections all buildings, structures and improvements located upon the lot or parcel will be subject to disconnection from the electric or communication facilities providing service thereto. Such notice shall be mailed at least 15 days prior to the date of commencement of construction and shall be mailed to the owners whose names and addresses appear on the last equalized assessment roll used by the city or as known to the clerk. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  128. 5896.17.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    If a lot owner does not comply with Sections 5896.14 and 5896.15, the city may order disconnection and removal of overhead utility facilities serving the property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.17. If the owner of any lot or parcel of land shall fail to comply with the requirements of Sections 5896.14 and 5896.15, the city may order the disconnection and removal of all overhead electric or communication facilities providing service to any building, structure or improvement located upon such lot or parcel. Written notice of proposed disconnection shall be given at least five days prior to disconnection by leaving a copy of such notice at the principal building, structure or improvement located upon such lot or parcel. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  129. 5896.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    This section defines terms used in the chapter on converting overhead electric and communication facilities to underground locations.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.2. As used in this chapter, the following words and phrases, and any variants thereof, are defined as follows: “Cable operator” has the same meaning as defined in Section 5830 of the Public Utilities Code. “Cable television service” has the same meaning as “cable service” as defined in Section 5830 of the Public Utilities Code. “Communication service” means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits, and circuits for the transmission of television or radio signals. “Convert” or “conversion” means the removal of all, or any part, of any existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. “Electric service” means the distribution of electricity for heat, light, or power. “Electric or communication facilities” means any works or improvements used or useful in providing electrical, cable television, or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances, other than those owned or used by, or provided for, any railroad or pipeline, and located upon or above the right-of-way of the railroad or pipeline. “Electric facilities” does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts. “Overhead electric or communication facilities” means electrical, cable television, or communication facilities located, in whole or in part, above the surface of the ground. “Underground electric or communication facilities” means electrical, cable television, or communication facilities located, in whole or in part, beneath the surface of the ground. “Public agency” means any city, county, district, or public corporation (other than the one conducting the proceedings) that provides electric or communication service to the public by means of electric or communication facilities. “Public utility” means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities. (Amended by Stats. 2017, Ch. 792, Sec. 2. (AB 1145) Effective January 1, 2018.)
  130. 5896.3.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    Proceedings may be taken for converting existing electric or communication facilities and for related incidental construction, reconstruction, or relocation of other facilities.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.3. In addition to proceedings for types of work or improvement authorized elsewhere in this division, proceedings may be taken for the conversion of existing electric or communication facilities and the construction, reconstruction or relocation of any other electric or communications facilities which may be incidental thereto. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  131. 5896.4.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    A conversion proceeding must follow the procedures elsewhere in this division, unless this chapter expressly provides otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.4. Except as otherwise expressly provided by this chapter, a proceeding for a conversion shall be conducted and completed in accordance with the procedure specified elsewhere in this division. All of the provisions of this division shall be applicable to a proceeding for a conversion. This chapter does not affect any other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this chapter its provisions only need be followed. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  132. 5896.5.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    Proceedings for a conversion must start by a petition or by a legislative body determination.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.5. Proceedings for a conversion shall be initiated by either a petition or by a determination of the legislative body. (a) In order to initiate proceedings, a petition shall: (1) Describe the proposed assessment district, as provided in Section 5181. (2) Generally describe the proposed conversion. (3) Request that proceedings for such conversion be taken pursuant to this division. (b) In order to initiate proceedings, the legislative body shall determine that the city, a public utility, or a cable operator has voluntarily agreed to pay over 50 percent of all costs of conversion, excluding costs of users’ connections to underground electric or communication facilities. (c) The city shall not pay a different percentage of the costs of conversion incurred by a public utility and by a cable operator associated with the same proceeding. The payment shall be made on a nondiscriminatory basis. (Amended by Stats. 2017, Ch. 792, Sec. 3. (AB 1145) Effective January 1, 2018.)
  133. 5896.6.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    A conversion petition must be signed by at least five owners of assessable land in the proposed assessment district, and those owners must together own more than half of the area of all assessable lands in that district.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.6. A petition for proceedings for conversion shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of the area of all assessable lands within the proposed assessment district. (Amended by Stats. 1970, Ch. 309.)
  134. 5896.7.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    The clerk must check a petition and, if it has enough qualified signatures, issue a certificate of sufficiency and send the petition and certificate to the legislative body.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.7. The petition shall be filed with the clerk, who shall thereupon check or cause said petition to be checked. If the petition is signed by the requisite number of qualified signers, the clerk shall execute a certificate of sufficiency and present said petition and certificate to the legislative body. (Added by Stats. 1966, 1st Ex. Sess., Ch. 104.)
  135. 5896.8.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    The legislative body may adopt a resolution declaring its intention to order the conversion, once the petition and certificate of sufficiency are presented or a determination is made under Section 5896.5(b).

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.8. Upon presentation of the petition and certificate of sufficiency or upon a determination pursuant to subdivision (b) of Section 5896.5, the legislative body may adopt a resolution declaring its intention to order the conversion. (Amended by Stats. 1972, Ch. 148.)
  136. 5896.9.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. )

    Verify source ↗

    This section lets the city and utility-side parties agree on how an underground conversion will be handled, including title to facilities, work performance, and payment terms.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1 - 5896.17] ( Chapter 28 added by Stats. 1966, 1st Ex. Sess., Ch. 104. ) ## 5896.9. (a) In a proceeding for a conversion, the city and any public utility, cable operator, or public agency supplying electric service, cable television service, or communication service within the city, by agreement, may provide that, upon confirmation of the assessment, the public utility, cable operator, or public agency shall have legal title to the electric or communication facilities, which shall thereafter constitute part of a system of the public utility or public agency and be used, operated, maintained, and managed by it as part of its system. (b) Subject to any rules, regulations, or tariffs applicable to any public utility, cable operator, or public agency, the agreement also may provide, among other things, for any of the following: the supplying or approval by the public utility, cable operator, or public agency of plans and specifications; a contribution of labor, materials, or money by the public utility, cable operator, or public agency; the performance by the public utility, cable operator, or public agency of all, or any part, of the work or improvement; and payment to the public utility, cable operator, or public agency for any work or improvement performed or service rendered by it. (c) Any agreement shall be made prior to the adoption of the resolution ordering the work. If the proceedings are abandoned, the agreement shall be given no further force or effect. To the extent that the agreement provides that all, or any part, of the work or improvement is to be performed by the public utility, cable operator, or public agency, the provisions of this division requiring competitive bidding and the award of the contract to the lowest responsible bidder shall be inapplicable. (d) Nothing in this chapter precludes the city, cable operator, or the public utility, in the event of disagreement regarding any provision of the proposed agreement, from seeking review of the disagreement by the Public Utilities Commission. (Amended by Stats. 2017, Ch. 792, Sec. 4. (AB 1145) Effective January 1, 2018.)
  137. 5898.10.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    This section says this chapter is an alternative way to authorize assessments to finance work under the division.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.10. This chapter provides an alternative procedure for authorizing assessments to finance any work which may be done pursuant to this division. The terms and definitions of this division apply to this chapter, except as otherwise provided. The Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)) does not apply to any proceedings taken under this chapter. (Added by Stats. 1987, Ch. 1388, Sec. 3.)
  138. 5898.12.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    This section says the chapter is meant to finance certain public, energy, and water-efficiency improvements, but it cannot be used for some residential construction or unfixed appliances, and assessments require the owner’s consent.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.12. (a) It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or parcels that are developed and where the costs and time delays involved in creating an assessment district pursuant to other provisions of this division or any other law would be prohibitively large relative to the cost of the public improvements to be financed. (b) It is also the intent of the Legislature that this chapter should be used to finance the installation or prepaid service contract, or both, of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. (c) It is also the intent of the Legislature to address chronic water needs throughout California by permitting voluntary individual efforts to improve water efficiency. The Legislature further intends that this chapter should be used to finance the installation of water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property, including, but not limited to, recycled water connections, synthetic turf, cisterns for stormwater recovery, and permeable pavement. (d) It is also the intent of the Legislature that a public agency in the process of establishing an assessment program, to the extent feasible, use a good faith effort to provide advance notice of the proposed program to water and electric service providers in the relevant service area, as set forth in Section 5898.24, to allow the most efficient coordination and collaboration between the public agency and water and electric service providers. (e) This chapter shall not be used to finance facilities for parcels in connection with the initial construction of a residential building, unless the initial construction is undertaken by the intended owner or occupant. (f) This chapter shall not be used to finance the purchase or installation of appliances that are not permanently fixed to residential, commercial, industrial, agricultural, or other real property. (g) Assessments may be levied pursuant to this chapter only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied. (Amended by Stats. 2014, Ch. 599, Sec. 2. (AB 1883) Effective January 1, 2015.)
  139. 5898.14.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    The section states legislative findings and declares that a voluntary contractual assessment program serves a public purpose by helping finance certain energy and water efficiency improvements and renewable energy installations.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.14. (a) The Legislature finds all of the following: (1) Energy and water conservation efforts, including the promotion of energy efficiency improvements to residential, commercial, industrial, agricultural, or other real property are necessary to address the issue of global climate change. (2) The upfront cost of making residential, commercial, industrial, agricultural, or other real property more energy and water efficient prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of energy and water efficiency improvements. (b) The Legislature declares that a public purpose will be served by a voluntary contractual assessment program that provides the legislative body of any public agency with the authority to finance the installation of distributed generation renewable energy sources and energy or water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. (Amended by Stats. 2009, Ch. 444, Sec. 3. (AB 474) Effective January 1, 2010.)
  140. 5898.15.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    A public agency must not let a property owner join a program under this chapter if doing so would push annual property taxes and assessments above 5% of the property’s market value at approval.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.15. (a) A public agency shall not permit a property owner to participate in any program established pursuant to this chapter if the owner’s participation would result in the total amount of any annual property taxes and assessments exceeding 5 percent of the property’s market value, as determined at the time of approval of the owner’s contractual assessment. (b) Nothing in this chapter shall be construed to void or otherwise release a property owner from the contractual obligations incurred by a contractual assessment on a property, particularly in the event that the total amount of annual property taxes and assessments exceeds 5 percent of a property’s market value after the property owner has entered into a contractual assessment pursuant to this chapter. (c) This section applies to a property owner who seeks to participate in a program established pursuant to this chapter for types of property not subject to the requirements of Sections 5898.16 and 5898.17. (Amended by Stats. 2016, Ch. 618, Sec. 3. (AB 2693) Effective January 1, 2017.)
  141. 5898.18.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    References to financing in this chapter also include refinancing. For refinancing, the legislative body must conclude that it will increase adoption of the improvements that may be financed under the chapter.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 1. General Provisions [5898.10 - 5898.18] ( Article 1 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.18. All references to financing in this chapter shall be deemed to also refer to refinancing, except that with respect to refinancing, the legislative body shall conclude that providing the refinancing will result in an increased adoption of the improvements authorized to be financed by this chapter. This section does not constitute a change in, but is declaratory and a clarification of existing law. (Added by renumbering Section 5898.16 by Stats. 2016, Ch. 618, Sec. 4. (AB 2693) Effective January 1, 2017.)
  142. 5898.20.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    A public agency’s legislative body may create a contractual assessment area by resolution, and must include specified program details and direct preparation of a report and consultations.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.20. (a) (1) The legislative body of any public agency may determine that it would be convenient and advantageous to designate an area within the public agency, which may encompass the entire public agency or a lesser portion, within which authorized public agency officials and property owners may enter into voluntary contractual assessments for public improvements and to make financing arrangements pursuant to this chapter. (2) The legislative body of any public agency may also determine that it would be convenient, advantageous, and in the public interest to designate an area within the public agency, which may encompass the entire public agency or a lesser portion, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property pursuant to this chapter. (b) The legislative body shall make these determinations by adopting a resolution indicating its intention to do so. The resolution of intention shall include a statement that the public agency proposes to make voluntary contractual assessment financing available to property owners, shall identify the kinds of public works, distributed generation renewable energy sources, or energy or water efficiency improvements that may be financed, shall describe the boundaries of the area within which voluntary contractual assessments may be entered into, and shall briefly describe the proposed arrangements for financing the program, including a brief description of criteria for determining the creditworthiness of a property owner. The resolution of intention shall state that it is in the public interest to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements, or both, pursuant to paragraph (2) of subdivision (a), if applicable. The resolution shall state that a public hearing should be held at which interested persons may object to or inquire about the proposed program or any of its particulars, and shall state the time and place of the hearing. The resolution shall direct an appropriate public agency official to prepare a report pursuant to Section 5898.22 and to enter into consultations with the county auditor’s office or county controller’s office in order to reach agreement on what additional fees, if any, will be charged to the city or county for incorporating the proposed voluntary contractual assessments into the assessments of the general taxes of the city or county on real property. (c) As used in this chapter, each of the following terms shall have the following meaning: (1) “Efficiency improvements” means permanent improvements fixed to residential, commercial, industrial, agricultural, or other real property. (2) “Legislative body” means the governing body of a public agency. (3) (A) For the purpose of financing the installation of water efficiency improvements, “public agency” means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, or water district, as defined in Section 20200 of the Water Code. The definition of “city” in Section 5005 shall not apply to this subparagraph. (B) For the purpose of financing the installation of distributed generation renewable energy sources or energy efficiency improvements, “public agency” means a county, city, city and county, or a municipal utility district, an irrigation district, or public utility district that owns and operates an electric distribution system. The definition of “city” in Section 5005 shall not apply to this subparagraph. (C) For the purpose of financing the public improvements, “public agency” means a city as defined in Section 5005. (Amended by Stats. 2009, Ch. 444, Sec. 4. (AB 474) Effective January 1, 2010.)
  143. 5898.21.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    With written consent from an authorized public agency official, a property owner may buy related equipment directly and contract directly for installation of certain renewable energy, energy efficiency, or water efficiency improvements fixed to real property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.21. Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of distributed generation renewable energy sources or energy or water efficiency improvements and to contract directly for the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property. (Amended by Stats. 2009, Ch. 444, Sec. 5. (AB 474) Effective January 1, 2010.)
  144. 5898.22.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    The report must include specified maps, contracts, policy statements, financing details, consultation results, and related financing plans.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.22. The report shall contain all of the following: (a) A map showing the boundaries of the territory within which voluntary contractual assessments are proposed to be offered. (b) A draft contract specifying the terms and conditions that would be agreed to by a property owner within the voluntary contractual assessment area and the public agency. (c) A statement of public agency policies concerning voluntary contractual assessments including all of the following: (1) Identification of types of facilities, distributed generation renewable energy sources, or energy or water efficiency improvements that may be financed through the use of contractual assessments. (2) Identification of a public agency official authorized to enter into voluntary contractual assessments on behalf of the public agency. (3) A maximum aggregate dollar amount of voluntary contractual assessments. (4) A method for setting requests from property owners for financing through voluntary contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed pursuant to voluntary contractual assessments. The plan may include amounts to be advanced by the public agency through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the voluntary contractual assessment program among the consenting property owners and the public agency. (e) A report on the results of the consultations with the county auditor’s office or county controller’s office concerning the additional fees, if any, that will be charged to the city or county for incorporating the proposed voluntary contractual assessments into the assessments of the general taxes of the city or county on real property, and a plan for financing the payment of those fees. (Amended by Stats. 2009, Ch. 444, Sec. 6. (AB 474) Effective January 1, 2010.)
  145. 5898.23.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    A public agency’s policy statement for this report must also briefly describe how underwriting requirements are determined and what safeguards will keep annual property tax and assessments at or below 5% of the property’s market value.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.23. For purposes of the report required pursuant to Section 5898.22, the statement of public agency policies required pursuant to subdivision (c) of that section shall also include a brief description of criteria for determining the underwriting requirements, and safeguards that will be used to ensure that the total annual property tax and assessments on the property will not exceed 5 percent of the property’s market value, as determined at the time of approval for the owner’s contractual assessment. (Added by Stats. 2010, Ch. 649, Sec. 7. (SB 1340) Effective January 1, 2011.)
  146. 5898.24.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    A legislative body must give notice and record certain documents before creating a voluntary contractual assessment program, and it may combine two documents into one to reduce costs.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.24. (a) A legislative body shall publish notice of a hearing pursuant to Section 6066 of the Government Code, and the first publication shall occur not later than 20 days before the date of the hearing. (b) A legislative body shall provide written notice of a proposed contractual assessment program to all water or electric providers within the boundaries of the area within which voluntary contractual assessments may be entered into not less than 60 days prior to adoption of any resolution pursuant to Section 5898.26. (c) (1) A legislative body administering a voluntary contractual assessment program shall designate an office, department, or bureau of the local agency that shall be responsible for annually preparing the current roll of assessment obligations by assessor’s parcel number on property subject to a voluntary contractual assessment. (2) The designated office, department, or bureau shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment. Neither the designated office, department, or bureau, nor the legislative body, shall be liable if any estimate of future voluntary contractual assessment liability is inaccurate, nor for any failure of any seller to request notice pursuant to this chapter or to provide the notice to a buyer. (d) For purposes of enabling sellers of real property subject to a voluntary contractual assessment to satisfy the notice requirements of Section 1102.6b of the Civil Code, the legislative body shall cause to be recorded in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the voluntary contractual assessment, a separate document that meets all of the following requirements: (1) The title of the document shall be “Payment of Contractual Assessment Required” in at least 14-point boldface type. (2) The document shall include all of the following information: (A) The names of all current owners of the real property subject to the contractual assessment and the legal description and assessor’s parcel number for the affected property. If a program administrator utilized the income of the property owner’s legal spouse or domestic partner who was not on title to the property to determine whether the property owner had a reasonable ability to pay the assessment pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 22687 of the Financial Code, the document shall also include the name of the property owner’s legal spouse or domestic partner. (B) The annual amount of the contractual assessment. (C) The date or circumstances under which the contractual assessment expires, or a statement that the assessment is perpetual. (D) The purpose for which the funds from the contractual assessment will be used. (E) The entity to which funds from the contractual assessment will be paid and specific contact information for that entity. (F) The signature of the authorized representative of the legislative body to which funds from the contractual assessment will be paid. (e) The recorder shall only be responsible for examining the document required by subdivision (d) and determining that it contains the information required by subparagraphs (A), (E), and (F) of paragraph (2) of subdivision (d). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (E) of paragraph (2) of subdivision (d). The recorder shall not examine any other information contained in the document required by subdivision (d). (f) In order to reduce the costs associated with contractual assessments, a legislative body may authorize the document described in subdivision (d) to be combined with the notice required by Section 5898.32, and recorded as a single document. (Amended by Stats. 2018, Ch. 813, Sec. 15. (AB 2063) Effective January 1, 2019.)
  147. 5898.26.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    At the hearing, the legislative body must summarize the report and let attendees comment, object, or present evidence. It may confirm or modify the report, abandon the proceedings, and it may not expand the assessment area without notice.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.26. At the time of the hearing, the report shall be summarized and the legislative body shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed contractual assessment program, the extent of the area proposed to be included within the program, the terms and conditions of the draft contract, or the proposed financing provisions. At the conclusion of the hearing, the legislative body may adopt a resolution confirming the report or may direct its modification in any respect, and thereafter may adopt a resolution confirming the report as modified, or the legislative body may abandon the proceedings. However, the legislative body may not increase the area within which contractual assessments would be offered without providing notice of the proposed increase in area pursuant to Section 5808.24. The hearing may be continued from time to time not exceeding a total of 180 days. (Added by Stats. 1987, Ch. 1388, Sec. 3.)
  148. 5898.28.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    Public agencies may issue and manage bonds for contractual assessments, transfer assessment interests before bonds are issued, and property owners can affect refinancing rules in some cases.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.28. (a) A public agency may issue bonds pursuant to this chapter, the principal and interest for which would be repaid by voluntary contractual assessments. A public agency may advance its own funds to finance work to be repaid through voluntary contractual assessments, and may from time to time sell bonds to reimburse itself for those advances. A public agency may enter into a relationship with an underwriter or financial institution that would allow the sequential issuance of a series of bonds, each bond being issued as the need arose to finance work to be repaid through voluntary contractual assessments. The interest rate of each bond may be determined by an appropriate index, but shall be fixed at the time each bond is issued unless the bond is issued to finance improvements to nonresidential private property or residential private property with four or more units. Bond proceeds may be used to establish a reserve fund for debt service or paying the costs of foreclosure on properties participating in the program, to fund capitalized interest for a period up to two years from the date of issuance of the bonds, to fund the administrative fee required for participation in the PACE Reserve Program established pursuant to Chapter 4 (commencing with Section 26050) of Division 16 of the Public Resources Code, and to pay for expenses incidental to the issuance and sale of the bonds. Division 10 (commencing with Section 8500) shall apply to any bonds issued pursuant to this section, insofar as that division is not in conflict with this chapter. (b) (1) Notwithstanding any provision of this division or the Improvement Act of 1915 (Division 10 (commencing with Section 8500)), a public agency may transfer its right, title, and interest in and to any voluntary contractual assessments, if bonds have not been issued pursuant to subdivision (a). The public agency and the transferee shall enter into an agreement that, among other things, identifies the specific period of time during which the transfer of voluntary contractual assessments will be operative, not to exceed three years. Except as provided in paragraph (2), a transfer of any voluntary contractual assessments under this subdivision shall be treated as a true and absolute transfer of the asset so transferred for the period of the transfer and not as a pledge or grant of a security interest by the public agency for any borrowing. The characterization of the transfer of any of those assets as an absolute transfer by the public agency shall not be negated or adversely affected by the fact that only a portion of any voluntary contractual assessment is transferred, nor by any characterization of the transferee for purposes of accounting, taxation, or securities regulation, nor by any other factor whatsoever. As used in this section, “transfer” means sale, assignment, or other transfer. (2) Nothing in this subdivision shall be construed to authorize the transferee to initiate and prosecute a foreclosure action resulting from a delinquency in the payment of the voluntary contractual assessment. Initiation and prosecution of a foreclosure action shall remain the responsibility of the public agency, which shall retain the sole right to enforce its senior lien status. (c) Division 10 (commencing with Section 8500) shall apply to any bonds issued pursuant to this section, insofar as that division is not in conflict with this chapter. Notwithstanding Part 16 (commencing with Section 8880) of Division 10, if any reserve fund is established in whole or in part with legally available moneys of one or more public agencies other than bond proceeds, the public agency or agencies may provide that a property owner who prepays all or a portion of the assessment shall not be credited with the public agency moneys in the reserve fund and there shall be no reduction in the assessment pursuant to Sections 8884 or 8881, and the public agency moneys in the reserve account shall not be used to redeem bonds pursuant to Section 8885 and any public agency moneys remaining in the reserve fund at the maturity of the bonds shall be disbursed to the public agency free and clear of the lien of the issuing instrument. Any excess bond proceeds may be used to pay principal of and interest on the bonds in addition to any other use permitted by Division 10 (commencing with Section 8500). (d) Notwithstanding any other law, the public agency may conclude that it is in the public interest for bonds issued by the public agency pursuant to this chapter to not be subject to redemption prior to their scheduled maturity date except as a result of the prepayment in whole or in part of contractual assessments. Notwithstanding any other limitations set forth in law, and with respect to bonds issued to finance improvements to nonresidential property or residential property with four or more units, the redemption premium associated with a redemption of bonds as a result of a contractual assessment prepayment shall be determined by agreement of the public agency issuing the bonds, the property owner, and the initial purchaser of the bonds. (e) (1) Without the prior written approval of the property owner, and notwithstanding any other law, a public agency may issue bonds pursuant to this chapter to refinance outstanding bonds payable from contractual assessments levied pursuant to this chapter if all of the following are true: (A) The total interest cost to maturity on the refunding bonds is less than the total interest cost to maturity on the bonds to be refunded. (B) The final maturity date of the refunding bonds is not later than the final maturity date of the refunded bonds, except that if the bonds to be refunded are variable rate bonds, the final maturity date of the refunding bonds may extend to, but not beyond, the useful life of the financed improvements. (C) The total interest component of the scheduled contractual assessment installments to maturity, after issuance of the refunding bonds, is less than the total interest component of the scheduled contractual assessment installments to maturity prior to issuance of the refunding bonds. (2) For purposes of this section, in connection with the issuance of fixed rate bonds to refinance variable rate bonds, the interest rate on the refunded bonds for purpose of demonstrating compliance with this section may be assumed to be the maximum possible interest rate on the bonds to be refunded as long as the legislative body concludes that the public interest will be served by issuing fixed rate bonds to refinance the outstanding variable rate bonds. In connection with an issuance of refunding bonds under this chapter, the legislative body may direct that an amendment to the document required by subdivision (d) of Section 5898.24 be recorded to reflect the revised contractual assessment installment schedule. (f) With the prior written approval of the owner of nonresidential property or residential property with four or more units, and notwithstanding any other law, a public agency may issue bonds pursuant to this chapter to refinance outstanding bonds payable from contractual assessments levied pursuant to this chapter without complying with subdivision (e). The final maturity date of the refunding bonds issued pursuant to this subdivision may be later than the final maturity date of the bonds being refunded as long as the final maturity date of the refunding bonds does not extend beyond the useful life of the financed improvements. (Amended by Stats. 2014, Ch. 599, Sec. 5. (AB 1883) Effective January 1, 2015.)
  149. 5898.30.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

    Verify source ↗

    Assessments under this chapter, plus related interest and penalties, become a lien on the affected land until paid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.30. Assessments levied pursuant to this chapter, and the interest and any penalties thereon shall constitute a lien against the lots and parcels of land on which they are made, until they are paid. Division 10 (commencing with Section 8500), insofar as those provisions are not in conflict with this chapter, Article 13 (commencing with Section 53930) of, and Article 13.5 (commencing with Section 53938) of, Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code apply to the imposition and collection of assessments contracted for pursuant to this chapter, including, but not limited to, provisions related to lien priority, the collection of assessments in the same manner and at the same time as the general taxes of the city or county on real property, unless another procedure has been authorized by the legislative body or by statute, and any penalties and remedies in the event of delinquency and default. (Amended by Stats. 2014, Ch. 599, Sec. 6. (AB 1883) Effective January 1, 2015.)
  150. 5898.31.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    Voluntary contractual assessments under this chapter are not treated as assessments for certain California constitutional and Government Code purposes.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.31. Since contractual assessments on real property under this chapter are voluntary and imposed pursuant to an agreement with an assessed property owner, the Legislature finds and declares that voluntary contractual assessments under this chapter are not assessments for the purposes of Articles XIII C and XIII D of the California Constitution and therefore the provisions of Articles XIII C and XIII D and Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code are not applicable to voluntary contractual assessments levied pursuant to this chapter. (Added by Stats. 2009, Ch. 444, Sec. 10. (AB 474) Effective January 1, 2010.)
  151. 5898.32.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    The legislative body must direct the clerk to record notice of each contractual assessment with the county recorder, and the county recorder must accept the filing.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.32. The legislative body shall direct its clerk to record a notice of the existence and amount of each contractual assessment with the county recorder of the county in which the lot or parcel is located. The county recorder shall accept those filings and may charge the clerk a fee for recording those documents pursuant to Section 3116. The failure of the clerk or recorder to perform the filings shall not subject the local agency or any of its officers or employees to civil liability. (Added by Stats. 1987, Ch. 1388, Sec. 3.)
  152. 5898.33.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    If a public agency grants a leasehold or other possessory interest, the contractual assessment may attach to that interest, the owner must pay it, the agency must give prior written consent, and the lease term must be at least as long as the assessment contract term.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5898.33. (a) If a public agency owning property, including property held in trust for any beneficiary, grants a leasehold or other possessory interest in the property, the contractual assessment may be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. The assessment contract shall be entered into by the public agency that established the program and the lessee, and the public agency owning the property shall provide prior written consent to the contractual assessment. (b) At the time the assessment contract is executed, the term of the leasehold interest shall be at least as long as the term of the assessment contract. (c) If the contractual assessment on any possessory interest levied pursuant to subdivision (a) is unpaid when due, the tax collector may use those collection procedures that are available for the collection of assessments on the unsecured roll. (Added by Stats. 2014, Ch. 599, Sec. 7. (AB 1883) Effective January 1, 2015.)
  153. 5899.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    This section lets a public agency set up a voluntary contractual assessment area for seismic strengthening improvements, and requires certain resolutions, reports, and official consent steps.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5899. (a) The Legislature finds and declares all of the following: (1) It is the intent of the Legislature to address seismic safety needs throughout this state by permitting voluntary individual efforts to improve the seismic safety of homes and buildings. The Legislature further intends that this chapter should be used to finance the installation of seismic strengthening improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property, including, but not limited to, the seismic strengthening of cripple walls and sill plate anchorage of light, wood-framed buildings. (2) The upfront cost of making residential, commercial, industrial, agricultural, or other real property more seismically safe prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those strengthening improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of seismic strengthening improvements. (3) A public purpose will be served by a voluntary contractual assessment program that provides the legislative body of any public agency with the authority to finance the installation of seismic strengthening improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. (b) For purposes of this section, the following terms shall have the following meanings: (1) For the purpose of financing the installation of seismic strengthening improvements, “public agency” means a city, county, or city and county. The definition of “city” in Section 5005 shall not apply to this paragraph. (2) “Seismic strengthening improvements” means permanent seismic safety improvements fixed to residential, commercial, industrial, agricultural, or other real property. (c) The legislative body of any public agency may designate an area, in the manner provided pursuant to Section 5898.20, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of seismic strengthening improvements that are permanently fixed to real property pursuant to this chapter. (d) For purposes of establishing a voluntary contractual assessment program relating to seismic strengthening improvements, the legislative body shall make the determinations required pursuant to Section 5898.20 by adopting a resolution indicating its intention to do so. The resolution of intention shall identify the kinds of seismic strengthening improvements that may be financed and shall include all of the information that is required pursuant to subdivision (b) of Section 5898.20, including, but not limited to, directing an appropriate public agency official to prepare a report pursuant to Section 5898.22. (e) For purposes of the report required pursuant to Section 5898.22, relating to a voluntary contractual assessment program for seismic strengthening improvements, the designated public agency official shall satisfy the requirements of paragraph (1) of subdivision (c) of Section 5898.22 by identifying the types of seismic strengthening improvements that may be financed through the use of contractual assessments. (f) Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of seismic strengthening improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of seismic strengthening improvements and to contract directly for the installation of seismic strengthening improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property. (Added by Stats. 2011, Ch. 28, Sec. 2. (AB 184) Effective January 1, 2012.)
  154. 5899.2.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    This section says certain solar or renewable energy systems can count as “permanently fixed” if they are attached to property under a qualifying power purchase agreement or lease with specified conditions.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5899.2. For the purpose of financing the installation of distributed generation renewable energy sources pursuant to this chapter, “permanently fixed” includes, but is not limited to, systems attached to a residential, commercial, industrial, agricultural, or other real property pursuant to a power purchase agreement or lease between the owner of the system and the owner of the assessed property, if the power purchase agreement or lease contains all of the following provisions: (a) The attached system is an eligible renewable energy resource pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (b) The term of the power purchase agreement or lease is at least as long as the term of the related assessment contract. (c) The owner of the attached system agrees to install, maintain, and monitor the system for the entire term of the power purchase agreement or lease. (d) The owner of the attached system is not permitted to remove the system prior to completion of the term of the contractual assessment lien. (e) After installation, the power purchase agreement or lease is paid, either partially or in full, using the funds from the contractual assessment program. (f) The right to receive the electricity from the system, through a power purchase agreement or lease or the right to the system itself, is tied to the ownership of the assessed real property and is required to be automatically transferred with the title to the real property whether the title is transferred by voluntary sale, judicial or nonjudicial foreclosure, or by any other means. (g) The power purchase agreement or lease identifies the public agency that is a party to the assessment contract on the real property as a third-party beneficiary of the power purchase agreement or lease until the assessment lien on the property has been fully paid and, only until that time, prohibits amendments to the power purchase agreement or lease without the consent of the public agency. (h) In order to ensure that the property owner is guaranteed the electric power from the system for the length of the lien, the system shall not be removed if the owner of the attached system is not performing its obligations under the contract, and one of the following is true: (1) The owner of the attached system does both of the following: (A) Covenants in its contract with the property owner that neither the owner of the attached system nor any successor in interest will remove or permanently decommission the attached system during the term of the contract. (B) Warrants in the contract with the property owner that no assignee, creditor, partner, or owner of the attached system’s owner has, as of the date of the contract or during the remaining term of the contract, the right to remove or permanently decommission the attached system. (2) The owner of the attached system must be a bankruptcy remote special purpose entity that is bankruptcy remote and meets all of the following conditions: (A) It does not engage in any business other than owning the attached systems and entering into electricity contracts with the homeowner. (B) It has no material debt. (C) Its contracts are either entered into with unrelated third parties or have terms negotiated at arms length. (Amended by Stats. 2014, Ch. 599, Sec. 8. (AB 1883) Effective January 1, 2015.)
  155. 5899.3.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    This section lets a public agency set up a voluntary contractual assessment program to finance permanently fixed electric vehicle charging infrastructure, and requires specified resolutions, reports, and consent before certain financing arrangements are used.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5899.3. (a) The Legislature finds and declares all of the following: (1) This chapter should be used to finance the installation of electric vehicle charging infrastructure that is permanently fixed to residential, commercial, industrial, agricultural, or other real property. (2) Electric vehicle charging infrastructure is a necessary component to transitioning to increase electric vehicle usage. Electric vehicles and their electric charging infrastructure also address the issue of global climate change. (3) The upfront cost of installing electric vehicle charging infrastructure improvements for residential, commercial, industrial, agricultural, or other real property prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of installing electric vehicle charging infrastructure. (4) The Legislature declares that a public purpose will be served by a voluntary contractual assessment program that provides the legislative body of a public agency with the authority to finance the installation of electric vehicle charging infrastructure that is permanently fixed to residential, commercial, industrial, agricultural, or other real property. (b) For the purpose of financing the installation of electric vehicle charging infrastructure, “public agency” means a county, city, city and county, or a municipal utility district, an irrigation district, or public utility district that owns and operates an electric distribution system. The definition of “city” in Section 5005 shall not apply to this section. (c) The legislative body of any public agency may designate an area, in the manner provided pursuant to Section 5898.20, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of electric vehicle charging infrastructure that is permanently fixed to real property pursuant to this chapter. (d) For purposes of establishing a voluntary contractual assessment program relating to electric vehicle charging infrastructure, the legislative body shall make the determinations required pursuant to Section 5898.20 by adopting a resolution indicating its intention to do so. The resolution of intention shall identify the kinds of electric vehicle charging infrastructure that may be financed and shall include all of the information that is required pursuant to subdivision (b) of Section 5898.20, including, but not limited to, directing an appropriate public agency official to prepare a report pursuant to Section 5898.22. (e) For purposes of the report required pursuant to Section 5898.22, relating to a voluntary contractual assessment program for electric vehicle charging infrastructure, the designated public agency official shall satisfy the requirements of paragraph (1) of subdivision (c) of Section 5898.22 by identifying the types of electric vehicle charging infrastructure that may be financed through the use of contractual assessments. (f) Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of electric vehicle charging infrastructure that is permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of electric vehicle charging infrastructure and to contract directly for the installation of electric vehicle charging infrastructure that is permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property. (Added by Stats. 2010, Ch. 649, Sec. 8. (SB 1340) Effective January 1, 2011.)
  156. 5899.4.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. )

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    This section authorizes a voluntary contractual assessment program to help finance wildfire safety improvements on real property, and it requires the property owner to check insurance coverage and rate impacts before financing through a PACE assessment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29. Contractual Assessments [5898.10 - 5899.4] ( Chapter 29 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## ARTICLE 2. Creation of Contractual Assessment Program [5898.20 - 5899.4] ( Article 2 added by Stats. 1987, Ch. 1388, Sec. 3. ) ## 5899.4. (a) (1) It is the intent of the Legislature to provide homeowners and businesses with an affordable way to finance improvements to their homes and buildings that make those facilities more resistant to wildfire by permitting voluntary individual efforts to improve the wildfire resilience and safety of those facilities. The Legislature further intends that this chapter should be used to finance the installation of wildfire safety improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. (2) The upfront cost of making residential, commercial, industrial, agricultural, or other real property more resistant to wildfire prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of wildfire safety improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cost of wildfire safety improvements. (3) A public purpose will be served by a voluntary contractual assessment program that provides the legislative body of any public agency with the authority to finance the installation of wildfire safety improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. (b) For purposes of this section: (1) For the purpose of financing the installation of wildfire safety improvements, “public agency” means a city, county, or city and county. The definition of “city” in Section 5005 shall not apply to this paragraph. (2) “Wildfire safety improvements” means permanent wildfire resilience and safety improvements fixed to existing residential, commercial, industrial, agricultural, or other real property. An improvement within the meaning of this paragraph means any of the components identified by the Department of Forestry and Fire Protection at www.readyforwildfire.org/Hardening-Your-Home/, as updated by the Department of Forestry and Fire Protection or at a subsequent Internet Web site than can be fixed to an existing building or structure. A PACE assessment that finances a wildfire safety improvement shall not be eligible for a waiver of the requirements of paragraph (1) of subdivision (b) of Section 22687 of the Financial Code pursuant to subdivision (e) of Section 22687 of the Financial Code. In order to qualify under this paragraph, a wildfire safety improvement shall be fixed to an existing building or structure, and shall not be used as a part of a project to construct a new home or to rebuild or reconstruct a home that was destroyed or damaged in a fire. (c) The legislative body of any public agency that has accepted the designation of Very High Fire Hazard Severity Zone pursuant to Section 51179 of the Government Code may designate an area, in the manner provided pursuant to Section 5898.20, within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance the installation of wildfire safety improvements that are permanently fixed to real property pursuant to this chapter. (d) For purposes of establishing a voluntary contractual assessment program relating to wildfire safety improvements, the legislative body shall make the determinations required pursuant to Section 5898.20 by adopting a resolution indicating its intention to do so. The resolution of intention shall identify the kinds of wildfire safety improvements that may be financed and shall include all of the information that is required pursuant to subdivision (b) of Section 5898.20, including, but not limited to, directing an appropriate public agency official to prepare a report pursuant to Section 5898.22. (e) For purposes of the report required pursuant to Section 5898.22, relating to a voluntary contractual assessment program for wildfire safety improvements, the designated public agency official shall satisfy the requirements of paragraph (1) of subdivision (c) of Section 5898.22 by identifying the types of wildfire safety improvements that may be financed through the use of contractual assessments. (f) Notwithstanding any other provision of this chapter, upon the written consent of an authorized public agency official, the proposed arrangements for financing the program pertaining to the installation of wildfire safety improvements that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of wildfire safety improvements and to contract directly for the installation of wildfire safety improvements that are permanently fixed to the property owner’s residential, commercial, industrial, agricultural, or other real property. (g) It is the responsibility of the property owner to contact the property owner’s insurance provider to determine whether the wildfire safety improvement to be financed by the PACE assessment is covered by the property owner’s insurance plan and whether that improvement will impact the insurance rate. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 837, Sec. 12. (SB 465) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  157. 5900.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    This article applies only to residential real property with four or fewer units.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5900. The provisions of this article shall apply exclusively to residential real property with four or fewer units. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  158. 5901.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    This chapter does not apply to a public agency that does not use a program administrator to run a PACE program.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5901. The provisions of this chapter shall not apply to any public agency that does not use a program administrator to administer a PACE program. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  159. 5914.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    A program administrator may not waive or defer the first payment on an assessment contract, and a property owner must pay the first assessment payment by the fiscal year after installation of the efficiency improvement is completed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5914. A program administrator may not waive or defer the first payment on an assessment contract. A property owner’s first assessment payment shall be due no later than the fiscal year following the fiscal year in which the installation of the efficiency improvement is completed. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  160. 5922.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    A program administrator may not let contractors or other third parties advertise assessment contracts or solicit property owners unless the contractor/third party is properly licensed and insured and the administrator gets a written agreement to follow applicable laws.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5922. A program administrator shall not permit contractors or other third parties to advertise the availability of assessment contracts that are administered by the program administrator, or to solicit property owners on behalf of the program administrator, unless both of the following requirements are met: (a) The contractor or third party maintains in good standing an appropriate license from the Contractors’ State Licensing Board, as well as any other permits, licenses, or registrations required for engaging in its business in the jurisdiction where it operates, and maintains the required bond and insurance coverage pursuant thereto. (b) The program administrator obtains the contractor’s or third party’s written agreement that the contractor or third party will act in accordance with applicable advertising and marketing laws and regulations, and all other applicable laws. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  161. 5923.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    A program administrator may not make prohibited payments or reimbursements, but may reimburse certain contractor training costs up to $100 per participating salesperson or agent if the stated conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5923. (a) A program administrator shall not provide any direct or indirect cash payment or other thing of material value to a contractor or third party in excess of the actual price charged by that contractor or third party to the property owner for the sale and installation of one or more efficiency improvements financed by an assessment contract. (b) A program administrator shall not reimburse a contractor or third party for expenses for advertising and marketing campaigns and collateral. A program administrator may reimburse a contractor’s bona fide and reasonable training expenses related to PACE financing, provided that: (1) The training expenses are actually incurred by the contractor. (2) The reimbursement does not exceed one hundred dollars ($100) per each salesperson or agent of the contractor who participated in the training. (3) The reimbursement is paid directly to the contractor, and is not paid to its salespersons or agents. (c) A program administrator shall not provide any direct cash payment or other thing of value to a property owner explicitly conditioned upon that property owner entering into an assessment contract. Notwithstanding the above, programs or promotions that offer reduced fees or interest rates to property owners are neither a direct cash payment or “other thing of value,” provided that the reduced fee or interest rate is reflected in the assessment contract and in no circumstance provided to the property owner as cash consideration. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  162. 5924.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    Program administrators, contractors, and third parties must not make tax-deductibility representations about an assessment contract unless the statement matches IRS or applicable state tax agency guidance on PACE assessment tax treatment.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5924. A program administrator, contractor, or a third party shall not make any representation as to the tax deductibility of an assessment contract unless that representation is consistent with representations, statements, or opinions of the Internal Revenue Service or applicable state tax agency with regard to the tax treatment of PACE assessments. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  163. 5925.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    A program administrator must not give contractors or third parties working for it any information revealing a property owner’s eligible PACE funds or equity in the property.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5925. A program administrator shall not provide to a contractor or third party engaged in soliciting assessment contracts on its behalf any information that discloses the amount of funds for which a property owner is eligible under a PACE assessment or the amount of equity in a property. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  164. 5926.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    A contractor must not charge a different price for a PACE-financed project than for the same work paid in cash by the property owner.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5926. A contractor shall not provide a different price for a project financed by a PACE assessment than the contractor would provide if paid in cash by the property owner. (Added by Stats. 2017, Ch. 484, Sec. 1. (SB 242) Effective January 1, 2018.)
  165. 5940.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. )

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    This section makes certain home-improvement work and deliveries unlawful when a contract was signed because the owner reasonably thought the work would be covered by PACE financing, and then the financing is cancelled or not approved as requested.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 3. PERFORMING THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) ## CHAPTER 29.1. Clean Energy Assessment Contracts [5900 - 5954] ( Chapter 29.1 added by Stats. 2017, Ch. 484, Sec. 1. ) ## 5940. (a) It shall be unlawful to commence work under a home improvement contract, or deliver any property or perform any services other than obtaining building permits or other similar services preliminary to the commencement of work, and the home improvement contract shall be unenforceable, if both of the following occur: (1) The property owner entered into the home improvement contract based on the reasonable belief that the work would be covered by the PACE program. (2) The property owner applies for, accepts, and cancels the PACE financing within the right to cancel period set forth in subdivision (b) of Section 5898.16 or applies for but is not approved for PACE financing in the amount requested by the property owner. (b) If work has commenced in violation of subdivision (a), then: (1) The contractor is entitled to no compensation for that work. (2) The contractor shall restore the property to its original condition at no cost to the property owner. (3) The contractor shall immediately and without condition return all money, property, and other consideration given by the property owner. If the property owner gave any property as consideration and the contractor does not or cannot return it for whatever reason, the contractor shall immediately return the fair market value of the property or its value as designated in the contract, whichever is greater. (c) (1) If the contractor has delivered any property to the property owner pursuant to a contract that is unenforceable under subdivision (a), the property owner shall make the property available to the contractor for return within 90 days of execution of the contract provided that: (A) The provisions of subdivision (b) have been met. (B) The property can be practically returned to the contractor and removed, at the contractor’s expense, without leaving any damage to the property owner’s property. (2) Failure of the contractor to comply with this subdivision shall allow the property owner to retain without obligation in law or equity any property provided pursuant to the unenforceable contract. (d) The property owner may waive the requirements in subdivision (a) if all the following are met: (1) The contract is executed in connection with the making of emergency or immediately necessary repairs to protect persons or real or personal property. (2) The property owner initiated the contract for the emergency repair or immediately necessary repair. (3) The property owner provides a separate statement that is handwritten in ink by a property owner and dated and signed by each property owner, describing the situation that requires immediate remedy, and expressly acknowledges that the contractor has informed them of his or her right to cancel and that he or she waive the right to cancel the sale. (e) If the property owner waives his or her right to cancel on the home improvement contract to allow the home improvement contractor to proceed with installation, and then cancels his or her PACE financing or is not approved for PACE financing in the amount requested by the property owner, it shall not invalidate the home improvement contract. (f) This section does not authorize the commencement of work under a home improvement contract if the commencement of work is prohibited by Sections 22684, 22686, or 22687 of the Financial Code. (Amended by Stats. 2018, Ch. 798, Sec. 15. (SB 1087) Effective January 1, 2019.)
  166. 599.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 299 is described as running from Route 101 near Arcata to Route 395 near Alturas, and then from Route 395 near Alturas to the Nevada state line via Cedarville.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 599. Route 299 is from: (a) Route 101 near Arcata to Route 395 at Alturas. (b) Route 395 near Alturas to the Nevada state line via Cedarville. (Amended by Stats. 1998, Ch. 828, Sec. 9. Effective January 1, 1999.)
  167. 6.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    Headings in this section do not control or change the scope, meaning, or intent of the code provisions.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 6. Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, part, chapter, article or section hereof. (Enacted by Stats. 1935, Ch. 29.)
  168. 603.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 330 runs from Route 210 near Highland northeasterly to Route 18.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 603. Route 330 is from Route 210 near Highland northeasterly to Route 18. (Added by renumbering Section 630 by Stats. 1999, Ch. 724, Sec. 26. Effective January 1, 2000.)
  169. 607.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 371 runs from Route 79 near Aguanga to Route 74 east of Anza.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 607.1. Route 371 is from Route 79 near Aguanga to Route 74 east of Anza. (Added by Stats. 1974, Ch. 537.)
  170. 608.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 380 is described as running from Route 1 near Pacifica to Route 280 in San Bruno, and then from Route 280 in San Bruno to Route 101 near the San Francisco International Airport.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 608. Route 380 is from: (a) Route 1 near Pacifica to Route 280 in San Bruno. (b) Route 280 in San Bruno to Route 101 in the vicinity of the San Francisco International Airport. (Amended by Stats. 1970, Ch. 1473.)
  171. 610.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes where Route 395 runs in California and beyond.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 610. Route 395 is from: (a) Route 15 near Cajon Pass to the Nevada state line passing near Little Lake, Independence, Bridgeport, and Coleville. (b) Nevada state line northwest of Reno to the Oregon state line near New Pine Creek via Alturas. (Amended by Stats. 1969, Ch. 294.)
  172. 615.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 405 is designated between the described termini, and part of it is named the Little Saigon Freeway. The department must determine sign costs and, if donations cover the cost, erect the signs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 615. (a) Route 405 is from Route 5 near El Toro to Route 5 near San Fernando. (b) (1) Route 405 from Bolsa Chica Road to Bolsa Avenue in the County of Orange shall be known and designated as the Little Saigon Freeway. (2) The department shall determine the cost of appropriate signs, consistent with the signing requirements for the state highway system, showing special designation described in paragraph (1) and, upon receiving donations from nonstate sources sufficient to cover the cost, shall erect those signs. (Amended by Stats. 2024, Ch. 574, Sec. 2. (AB 2698) Effective January 1, 2025.)
  173. 617.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 505 runs from Route 80 near Vacaville to Route 5 near Dunnigan.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 617. Route 505 is from Route 80 near Vacaville to Route 5 near Dunnigan. (Added by Stats. 1963, Ch. 385.)
  174. 618.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 580 is defined as running between the listed highway endpoints in two segments.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 618. Route 580 is from: (a) Route 5 southwest of Vernalis to Route 80 in Oakland via the vicinity of Dublin and Hayward. (b) Route 80 near Albany to Route 101 near San Rafael via the Richmond-San Rafael Bridge. (Amended by Stats. 1990, Ch. 1187, Sec. 21.)
  175. 619.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 605 is described as running between Route 1 near Seal Beach, Route 405, and Route 210 near Duarte, and it is designated as the San Gabriel River Freeway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 619. Route 605 is from: (a) Route 1 near Seal Beach to Route 405. (b) Route 405 to Route 210 near Duarte. Route 605 shall be known and designated as the “San Gabriel River Freeway.” (Amended by Stats. 1984, Ch. 409, Sec. 67.)
  176. 620.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section defines the path of Route 680 between Route 101 near San Jose and Route 80 near Cordelia, including listed intermediate places.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 620. Route 680 is from: (a) Route 101 near San Jose to Route 780 at Benicia passing near Warm Springs, Mission San Jose, Scotts Corners, and Sunol, and via Walnut Creek. (b) Route 780 at Benicia to Route 80 near Cordelia. (Amended by Stats. 1976, Ch. 1354.)
  177. 621.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 805 runs from Route 5 near San Ysidro to Route 5 north of La Jolla and easterly of existing Route 5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 621. Route 805 is from Route 5 near San Ysidro to Route 5 north of La Jolla and easterly of existing Route 5. (Added by Stats. 1963, Ch. 385.)
  178. 622.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 710 is designated as running from Route 1 to Route 210 in Pasadena.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 622. Route 710 is from Route 1 to Route 210 in Pasadena. (Added by Stats. 1984, Ch. 409, Sec. 68.)
  179. 622.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 710 also includes several specified freeway and street segments between Route 1, Harbor Scenic Drive, Ocean Boulevard, Seaside Boulevard, and Route 47.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 622.1. Route 710 shall also include that portion of the freeway between Route 1 and the northern end of Harbor Scenic Drive, that portion of Harbor Scenic Drive to Ocean Boulevard, that portion of Ocean Boulevard west of its intersection with Harbor Scenic Drive to its junction with Seaside Boulevard, and that portion of Seaside Boulevard from the junction with Ocean Boulevard to Route 47. (Amended by Stats. 2013, Ch. 523, Sec. 16. (SB 788) Effective January 1, 2014.)
  180. 622.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    The commission may relinquish part of Route 710 to the City of Pasadena if specified conditions are met, and the city must maintain traffic flow after the relinquishment takes effect.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 622.3. (a) Upon a determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Pasadena the portion of Route 710 within the jurisdictional limits of that city, if the department and the city enter into an agreement providing for that relinquishment. (b) A relinquishment under this section shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (c) On and after the effective date of the relinquishment, all of the following shall occur: (1) The relinquished portion of Route 710 shall cease to be a state highway. (2) The relinquished portion of Route 710 shall be ineligible for future adoption under Section 81. (3) The City of Pasadena shall ensure the continuity of traffic flow on the relinquished portion of Route 710. (Added by Stats. 2019, Ch. 835, Sec. 7. (SB 7) Effective January 1, 2020.)
  181. 623.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

    Verify source ↗

    Route 780 runs from Route 680 at Benicia to Route 80 in Vallejo.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 623. Route 780 is from Route 680 at Benicia to Route 80 in Vallejo. (Added by Stats. 1976, Ch. 1354.)
  182. 624.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    Route 980 is designated as the segment from Route 880 to Route 580 in Oakland.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 624. Route 980 is from Route 880 to Route 580 in Oakland. (Amended by Stats. 1988, Ch. 106, Sec. 30. Effective May 13, 1988. Operative January 1, 1989, by Sec. 31 of Ch. 106.)
  183. 625.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    The commission may relinquish part of Route 880 in Oakland to the City of Oakland, subject to stated terms and conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 625. (a) Route 880 is from Route 280 in San Jose to Route 80 in Oakland. (b) (1) The commission may relinquish to the City of Oakland the portion of the former right-of-way of Route 880 that is located between 8th Street and 32nd Street within that city, upon terms and conditions the commission finds to be in the best interests of the state, including, but not limited to, a requirement that the department and the city enter into a cooperative agreement to improve, at the department’s expense, the two parallel adjacent city streets, including, but not limited to, sidewalks, landscaping, and street lighting, when improving the portion of right-of-way that is to be relinquished in accordance with plans to be developed by the department. The cooperative agreement shall include, but need not to be limited to, all of the following: (A) A requirement that, if the commission allocates funds for this purpose, the improvements include bicycle paths and the associated roadway improvements and landscaping, including a bicycle path that closes the gap in the San Francisco Bay Trail Plan. (B) A requirement that the improvements include removal of contaminated materials on the department’s property. (C) A requirement that the improvements include erection of a memorial to the victims of the collapse of the Cypress Freeway Viaduct and to the heroism of those who responded to that disaster. (2) A relinquishment under this subdivision shall become effective immediately following the commission’s approval of the terms and conditions of the relinquishment. (Amended by Stats. 2000, Ch. 538, Sec. 1. Effective January 1, 2001.)
  184. 632.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section describes State Route 905 as running between the International Boundary near Border Field and Route 5, with two directional route descriptions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 632. Route 905 is from: (a) The International Boundary near Border Field northeasterly to Route 5. (b) Route 5 near the south end of San Diego Bay to the International Boundary southerly of Brown Field. (Added by Stats. 1986, Ch. 928, Sec. 20.)
  185. 635.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. )

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    This section names specific California state highway routes and designates them as the Cabrillo Highway, El Camino Real, and the Pacific Coast Highway.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. The State Highway System [230 - 635] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The State Highway Routes [300 - 635] ( Article 3 repealed and added by Stats. 1963, Ch. 385. ) ## 635. (a) State Highway Route 1 from Las Cruces to San Francisco shall be known and designated as the “Cabrillo Highway.” (b) State highway routes embracing portions of Routes 280, 82, 238, 101, 5, 72, 12, 37, 121, 87, 162, 185, 92, and 123 and connecting city streets and county roads thereto, and extending in a continuous route from Sonoma southerly to the international border and near the route historically known as El Camino Real shall be known and designated as “El Camino Real.” (c) State Highway Route 1 from south of San Juan Capistrano to near El Rio shall be known and designated as the “Pacific Coast Highway.” (Amended by Stats. 2001, Ch. 739, Sec. 1. Effective January 1, 2002.)
  186. 6400.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    The legislative body may decide to issue serial bonds under this part for assessments of $150 or more.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6400. The legislative body may determine that serial bonds shall be issued in the manner and form provided in this part to represent assessments of one hundred fifty dollars ($150) or over for the cost of any work authorized in Part 3 (commencing with Section 5100) of this division. (Amended by Stats. 1978, Ch. 364.)
  187. 6402.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    If an unpaid assessment on a lot or parcel is under $150, it must be collected under Part 3 starting at Section 5100.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6402. If the amount of the unpaid assessment upon any lot or parcel of land is less than one hundred fifty dollars ($150), the assessment shall be collected as provided in Part 3 (commencing with Section 5100) of this division. (Amended by Stats. 1978, Ch. 364.)
  188. 6403.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    If the legislative body decides to issue serial bonds for proposed work under this division, it must state that decision in the resolution of intention and specify the bonds’ interest rate.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6403. When the legislative body determines that serial bonds shall be issued to represent the expenses of any proposed work under this division, it shall so declare in the resolution of intention to do the work, and shall specify the rate of interest which the bonds shall bear. (Added by Stats. 1941, Ch. 79.)
  189. 6404.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    The legislative body may sell certain bonds to qualifying public agencies or authorities, without advertisement or bidding, but not below par.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6404. Notwithstanding any other provision in this division, the legislative body may sell to any local, State or National public agency or authority authorized to purchase the same, all or any part of any bonds issued pursuant to the provisions of this part, or any bonds issued pursuant to the Improvement Bond Act of 1915, upon the security of assessments levied under this division. Any such bonds may be sold to any such public agency or authority without advertisement or bidding, but shall not be sold for less than par. The interest rate on such bonds shall be the rate fixed therefor by the legislative body, but may be for a lesser rate than that so fixed if the legislative body finds a purchaser at such lesser rate. Upon the sale of any such bonds to any such public agency or authority, the purchase price thereof shall be paid to the contractor or his assigns in lieu of the bonds and in satisfaction of the balance due upon the assessment. (Added by Stats. 1941, Ch. 79.)
  190. 6405.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    A city’s legislative body may contract with a specially qualified person, firm, or corporation to serve as fiscal agent, and the contract may let that fiscal agent act for city officers or employees on bond-related duties or actions.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. Determination to Issue Bonds [6400 - 6405] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 6405. The legislative body of any city may contract with a specially qualified person, firm or corporation to act as fiscal agent. Such contracts may authorize the fiscal agent to act as agent for any city officer or employee in the performance of any duty required to be performed, or in taking any action authorized to be taken in connection with bonds issued pursuant to this part. (Added by Stats. 1957, Ch. 1363.)
  191. 6420.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The street superintendent must certify to the treasurer a complete list of unpaid assessments of $150 or more after 30 days from recordation of the warrant and after the contractor’s payment statement is filed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6420. After the full expiration of 30 days from the date of the recordation of the warrant, and after the filing of the written statement of all payments received by the contractor or his assignees upon the assessment, the street superintendent shall make and certify to the treasurer a complete list of all assessments unpaid, which amount to one hundred fifty dollars ($150) or over, upon any assessment or diagram number. (Amended by Stats. 1978, Ch. 364.)
  192. 6421.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    A person or authorized agent may stop a bond from being issued for listed assessments by giving the treasurer the required affidavit, record-owner certificate, and notice within 31 days after the warrant is recorded.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6421. If any person, or his authorized agent, shall at any time before the thirty-first day after the recordation of the warrant present to the treasurer the following: (a) His affidavit stating that he is the owner of a lot or parcel of land in the list, (b) The certificate of a searcher of records that he is such owner of record, and (c) A notice to the treasurer stating that he desires no bond to be issued for the assessments upon his lot or parcel of land, then no such bond shall be issued therefor, and the payee of the warrant, or his assigns, shall retain his right to enforce collection as if the lot or parcel of land had not been so listed by the street superintendent. (Amended by Stats. 1953, Ch. 1193.)
  193. 6422.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The treasurer must issue a separate bond to the contractor, or another person entitled to the warrant and assessment proceeds, after the list is filed.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6422. The treasurer shall upon the filing of the list, make out, sign, and issue to the contractor, or other person entitled to the proceeds of the warrant and assessment, a separate bond, representing upon each lot or parcel of land, including each condominium interest as defined in Section 783 of the Civil Code, upon the list the total amount of the assessment against the same, as thereon shown. (Amended by Stats. 1967, Ch. 791.)
  194. 6423.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    A bond may describe a lot or parcel of land by its number or block, if that same number or block also appears on the official map or a recorded map.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6423. If a lot or parcel of land is described upon the assessment and diagram by its number or block, or both, and is also designated by its number or block, or both, upon the official map of the city, or upon any map on file in the office of the county recorder of the county in which the lot or parcel of land is situated, it shall be a sufficient description of the lot or parcel of land in the bond to designate it by the number or block, or both, as it appears on the official or recorded map. (Added by Stats. 1941, Ch. 79.)
  195. 6424.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The treasurer must pay the bonds and interest at the treasurer’s office using a dedicated bond fund, and may not pay them from any other fund.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6424. The bonds and interest thereon shall be paid at the office of the treasurer, who shall keep a fund designated by the name of the bonds, into which he shall place all sums paid him for the principal of the bonds and the interest thereon, together with all penalties thereon, and from which he shall disburse such sums, upon the presentation of proper coupons. Under no circumstances shall the bonds or the interest thereon be paid out of any other fund. (Added by Stats. 1941, Ch. 79.)
  196. 6425.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    The treasurer must keep an office register of each bond and paid coupon, and must cancel and file each coupon when paid.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6425. The treasurer shall keep a register in his office, showing the series, number, date, amount, rate of interest, payee and indorsees of each bond, and the number and amount of each coupon or principal or interest paid by him and shall cancel and file each coupon so paid. (Added by Stats. 1941, Ch. 79.)
  197. 6426.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    If an officer signs or countersigns a bond or coupon and then leaves office before delivery to the purchaser, the signature remains valid and sufficient.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6426. If any officer whose signature or countersignature appears on any bond or coupon ceases to be such officer before delivery of the bonds to the purchaser thereof, the signature or countersignature appearing either on the bonds or on the coupons, or both, shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the delivery of such bonds. (Added by Stats. 1941, Ch. 79.)
  198. 6427.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. )

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    Bonds issued under this part are conclusive evidence that the prior proceedings were regular.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Issuance of Bonds [6420 - 6427] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 6427. Bonds issued pursuant to this part shall by their issuance be conclusive evidence of the regularity of all proceedings under this division leading up to such issuance. (Added by Stats. 1941, Ch. 79.)
  199. 6440.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    Unpaid assessments become payable to the treasurer in equal annual installments after the superintendent files the unpaid-assessment list.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6440. After the street superintendent files his list of unpaid assessments with the treasurer, the principal of each unpaid assessment shall thereafter become due and payable to the treasurer in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. The number of annual payments shall correspond to the number of serial payments to be made on the principal of the bonds issued to represent the unpaid assessment. (Amended by Stats. 1959, Ch. 825.)
  200. 6441.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. )

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    The first interest payment on an unpaid assessment is due to the treasurer on a specified April 15 or October 15 date after the bonds are dated, and later interest payments are due every April 15 and October 15.

    ## Streets and Highways Code - SHC ## DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) ## PART 5. IMPROVEMENT BONDS [6400 - 6640] ( Part 5 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Payments on Assessments at Bond [6440 - 6449] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 6441. The first interest payment on the unpaid assessment shall be payable to the treasurer on the April 15th next succeeding the March 1st or the October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable to the treasurer on each fifteenth day of April and October, the last interest payment coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. (Amended by Stats. 1959, Ch. 825.)

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