Section § 10100

Explanation

This law allows a city or town to install infrastructure on its streets if it's helpful for the public. They can add water systems like pipes and hydrants, power lines for electricity, gas lines, street lighting, and other public utilities as needed.

Whenever the public interest or convenience requires, the legislative body of any municipality may install in or along its streets all or any of the following:
(a)CA Streets and Highways Code § 10100(a) Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service.
(b)CA Streets and Highways Code § 10100(b) Lines, conduits, and other necessary works and appliances for providing electric power service.
(c)CA Streets and Highways Code § 10100(c) Mains, pipes, and other necessary works and appliances for providing gas service.
(d)CA Streets and Highways Code § 10100(d) Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes.
(e)CA Streets and Highways Code § 10100(e) Any works, utility, or appliances necessary or convenient for providing any other public service.

Section § 10100.1

Explanation

This law allows work on private property to fix differences in level or size between public improvements and private land, but only if the property owner agrees in writing. The local legislative body must decide that doing the work on private land is in the public interest and is cheaper than changing the public improvement. The cost for this work can be added to the property owner's assessment. This law doesn't limit the legislative body's ability to make other agreements as allowed by another part of the legal code.

If the written consent of the owner of the property is first obtained, work may be done on private property to eliminate any disparity in level or size between the improvement and private property, provided that the legislative body determines in the resolution of intention to order the improvement that it is in the public interest and more economical to do such work on private property than to adjust the work on public property to eliminate such disparity. The actual cost of such work may be added to the assessment of the lot on which the work is done. Nothing in this section limits or restricts the authority of the legislative body to make agreements authorized by Section 1263.610 of the Code of Civil Procedure.

Section § 10100.2

Explanation

This law allows local governments to set up funding to help property owners pay for necessary seismic safety work. This includes making private buildings comply with earthquake safety standards or repairing damage after an earthquake if the area is declared a disaster by the Governor. Only certified work can be funded, and historical buildings must follow specific codes. Property owners must consent to be part of a district, and loans can't exceed 80% of the property's value unless current lienholders agree. Any changes to the funding or district require notice and a hearing, with certain exceptions. The law clarifies that using public funds for these purposes benefits the public and isn't considered a gift of public funds.

(a)Copy CA Streets and Highways Code § 10100.2(a)
(1)Copy CA Streets and Highways Code § 10100.2(a)(1) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay, or make funds available to enable the owners of lots or parcels of real property within the district to pay, for either of the following:
(A)CA Streets and Highways Code § 10100.2(a)(1)(A) Work deemed necessary to bring real property or buildings, including privately owned real property or buildings, into compliance with seismic safety standards or regulations. The legislative body shall declare that public loans or funds provided to owners of private buildings for seismic strengthening of unreinforced buildings or other buildings, or real property, pursuant to this section constitute a public purpose resulting in a public benefit. Only work certified as necessary to comply with seismic safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section, except as otherwise provided in subparagraph (B). Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code). Any financing for seismic strengthening of a residential structure containing units rented by households specified in Section 50079.5 of the Health and Safety Code before strengthening shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any assessments levied pursuant to this section on the parcel on which the structure is located remain unpaid.
No lot, parcel, or building shall be included in the district without the owner’s consent.
(B)CA Streets and Highways Code § 10100.2(B) Within any area that has been designated by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage, work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the Governor’s designation or proclamation, or by aftershocks associated with that earthquake, including work to reconstruct, repair, shore up, or replace any real property or building damaged or destroyed by the earthquake or by its aftershocks. Work may be financed pursuant to this subparagraph only on real property or buildings identified in a resolution of intention to establish a district adopted within seven years of the date that the Governor designates the area as a disaster area or proclaims a state of emergency in the area.
(2)CA Streets and Highways Code § 10100.2(2) Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction, or replacement of privately owned buildings pursuant to this section, shall consist only of lots or parcels on which the legislative body finds that the buildings to be worked on, repaired, reconstructed, or replaced pursuant to this section, are located or were located before being damaged or destroyed by the earthquake that is the subject of the Governor’s designation or proclamation pursuant to subparagraph (B) of paragraph (1), or by the aftershocks of that earthquake.
(3)CA Streets and Highways Code § 10100.2(3) The Legislature hereby declares that the use of public funds pursuant to this section for seismic strengthening, repair, or reconstruction of privately owned real property or buildings constitutes a public purpose resulting in a public benefit. The use of funds pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution.
(4)CA Streets and Highways Code § 10100.2(4) A loan or expenditure of funds made by a district pursuant to this section and secured by a tax assessment or a lien, or both that assessment and lien, on private property shall not, when combined with existing liens on the property, exceed 80 percent of the current appraised value of the property, as determined by an independent, certified appraiser, unless existing lienholders consent in writing to a higher loan-to-value ratio. Notice of the creation of a district or the authorization for the loan or expenditure of funds for the purposes set forth in this section shall be given to lienholders of record on the property included in the district at least 30 days prior to any vote of the governing body authorizing the creation of the district or the loan or expenditure of funds that could create a lien on the property.
(b)CA Streets and Highways Code § 10100.2(b) A district created to finance seismic safety or repair work pursuant to this section may include areas of territory that are not contiguous.
(c)CA Streets and Highways Code § 10100.2(c) At any time after the passage of the resolution provided for in subdivision (a) of Section 10312, the legislative body may make changes in or modify the improvements or reduce the assessment with respect to a particular lot or parcel within an assessment district created for the purposes of this section with the written consent of the owner of that lot or parcel.
(d)CA Streets and Highways Code § 10100.2(d)  Any changes made within an assessment district created for the purposes of this section shall be made after notice and hearing, as provided in this division, except that changes may be made under any of the following circumstances:
(1)CA Streets and Highways Code § 10100.2(d)(1) At the hearing on the report, changes that do any of the following:
(A)CA Streets and Highways Code § 10100.2(d)(1)(A) Eliminate a portion of the assessment district without increasing the amount of any assessment or substantially affecting the distribution of benefits from the improvements.
(B)CA Streets and Highways Code § 10100.2(d)(1)(B) Exclude territory that will not be benefited by the remaining improvements without increasing the amount of any assessment.
(C)CA Streets and Highways Code § 10100.2(d)(1)(C) Modify the improvements or the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner and without increasing the assessments on any other real property.
(2)CA Streets and Highways Code § 10100.2(d)(2) At any time after the improvements are ordered and during the pendency of the proceedings to establish the assessment district.
(3)CA Streets and Highways Code § 10100.2(d)(3) At any time after the adoption of the resolution provided for in subdivision (a) of Section 10312, to modify the improvements or reduce the assessment with respect to a particular lot or parcel within the assessment district with the written consent of the owner.
(e)CA Streets and Highways Code § 10100.2(e) An action to determine the validity of any assessments, bonds, bond anticipation notes, contracts, or improvements for the purposes of this section may be brought by the legislative body, or by any person designated by the legislative body, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of the Code of Civil Procedure. For this purpose, an improvement shall be deemed to be in existence upon its authorization and an assessment upon its confirmation.
(f)CA Streets and Highways Code § 10100.2(f) It is the intent of the Legislature that the powers conferred by this section shall be in addition and supplemental to, and not exclusive of, the powers conferred by any other law.

Section § 10100.3

Explanation

This law allows the legislative body to use public funds or provide loans for making buildings meet fire safety standards if it benefits the public. Loans or funds can only cover work certified by local officials as necessary for fire safety.

You can't use these funds to completely dismantle and replace a building or construct a mostly new one, but improvements on historic buildings must follow specific codes.

If the building has affordable rental units, the number of units must remain unchanged, and rents must stay affordable as long as the loan is unpaid.

Property owners must consent to be included in the district, and such financial aid is considered serving a public purpose, not a gift of public funds.

(a)CA Streets and Highways Code § 10100.3(a) Whenever the public interest or convenience requires, the legislative body may use the powers of this division to pay for work or to make loans deemed necessary to bring buildings, including privately owned buildings, into compliance with fire safety standards or regulations. The legislative body shall declare that public loans or funds to owners of private buildings for fire safety improvements pursuant to this section constitute a public purpose resulting in a public benefit.
(b)CA Streets and Highways Code § 10100.3(b) Only work certified as necessary to comply with fire safety standards or regulations by local building officials may be financed. No project involving the dismantling of an existing building and its replacement by a new building or the construction of a new or substantially new building may be financed pursuant to this section. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code).
(c)CA Streets and Highways Code § 10100.3(c) Any financing for fire safety improvements of a residential structure containing units that were rented by households specified in Section 50079.5 of the Health and Safety Code before making of fire safety improvements shall be subject to a regulatory agreement that will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any portion of a loan issued pursuant to this section remains unpaid.
(d)CA Streets and Highways Code § 10100.3(d) No lot, parcel, or building shall be included in the district without the owner’s consent.
(e)CA Streets and Highways Code § 10100.3(e) The Legislature hereby declares that the expenditure of public funds or making of loans to owners of private buildings pursuant to this section for fire safety improvements constitutes a public purpose resulting in a public benefit. Public funds or loans made pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution.

Section § 10100.5

Explanation

This law allows city governments to set up transportation systems or facilities for people, covering an area up to three square miles. They can use public streets or any other public areas for this purpose. Cities can also build additional structures like stations or platforms necessary for such transportation. Additionally, this law permits the acquisition of property and necessary rights to carry out these projects.

Whenever the public interest or convenience requires, the legislative body of any municipality may install or operate, or install and operate, in or along its streets or any public way or any easement, any of the following:
(a)CA Streets and Highways Code § 10100.5(a) Works, systems or facilities for the transportation of people, designed to serve an area of not to exceed three square miles, including rolling stock and other equipment appurtenant thereto.
(b)CA Streets and Highways Code § 10100.5(b)  All other work auxiliary to any of the above, which may be required to carry out the same, including, but not limited to, terminal and intermediate stations, structures, or platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities.
(c)CA Streets and Highways Code § 10100.5(c) Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project.

Section § 10100.6

Explanation

After a district receives a levy for an assessment to cover costs of public projects, the legislative body can create a financial plan for the following fiscal year. They estimate the spending needed for maintaining and improving these projects and subtract any revenue expected from operating them.

They can then impose a special property tax, but this tax can't exceed $0.25 for every $100 of assessed value. The tax is collected like city taxes, and all the money raised is set aside specifically to maintain and improve the public works.

Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of works, system or facilities authorized by subsection (a) of Section 10100.5 or subsection (a) of Section 5101.5 upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, operation, repair and improvement of such works, system or facilities and shall deduct from such estimate the amount of revenues, if any, which the legislative body estimates will accrue during such year from the operation of such works, system or facilities and will be available to pay costs of such maintenance, operation, repair and improvement.
The legislative body may levy and collect in any year upon and against all of the taxable land and improvements within such district a special ad valorem assessment sufficient to raise a sum of money not exceeding the net amount thus determined but the rate of assessment in any one year shall not exceed twenty-five cents ($0.25) on each one hundred dollars ($100) assessed value as shown on the assessment roll used by the city for city taxation.
The special ad valorem assessment shall be levied, collected and enforced at the same times, in the same manner, by the same officers, and with the same interest and penalties, as in the case of general taxes levied by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, operation, repair or improvement of such works, system or facilities.

Section § 10100.7

Explanation

If a city or town makes a deal with landowners who build and transfer water or sewer systems to the city, the city can agree to pay them back using fees or funds from various sources, like connection fees or possibly from bond sales. To pay the landowners back, the city can create a special district that includes the landowners' property and charge fees there. They can only do this if the landowners agree in writing. The city might also include other nearby lands that benefit from the water or sewer but only with written permission.

The legislative body of any municipality which has entered into an agreement with an owner or owners of land within the municipality whereby the owner or owners have constructed or acquired water system facilities, including wells, pumps, dams, reservoirs, storage tanks, pipes, hydrants, meters or other appurtenances for supplying or distributing a domestic water supply, or sewer system facilities, including sewers, pipes, conduits, manholes, treatment and disposal plants, connecting sewers and appurtenances for providing sanitary sewer service, or capacity in these facilities, and have transferred the facilities or capacity to the municipality to be utilized by it for providing water or sewer service, or both, to the land of the owner or owners, and whereby the municipality has agreed to refund or reimburse to the owner or owners the cost of the facilities or capacity or any portion thereof out of connection fees or other revenues or funds of the municipality, including an assessment levied upon the land of the owner or owners or proceeds from the sale of bonds issued pursuant to this division, may upon obtaining the written consent of the owner or owners conduct proceedings pursuant to this division for the formation of an assessment district over and including the land of the owner or owners and levying an assessment thereon and issuing bonds as authorized by Chapter 7 (commencing with Section 10600), for the purpose of satisfying its refund or reimbursement obligation to the owner or owners. The municipality may, upon obtaining the written consent of the owner thereof, include in the assessment district, and levy an assessment upon, any land which will benefit from the water or sewer system facilities, or both, or capacity therein, whether or not the land is owned by the owner or owners who are parties to the agreement with the municipality, but may not include in an assessment district the land of any owner who does not consent in writing thereto.

Section § 10100.8

Explanation

This law outlines how districts can levy a special assessment on land and improvements to cover costs related to maintaining and improving works, systems, or facilities that were constructed or rebuilt after January 1, 1985. Each year, by June 30th, the legislative body of the district can estimate the annual expenses needed for maintenance and improvements.

If desired, the legislative body can decide, during a public meeting, to impose a special assessment to raise funds not exceeding the estimated expenses. The assessment is handled in the same way as other special assessments by the city, and funds are dedicated solely for maintaining and improving the applicable works or facilities.

"Maintenance, repair, and improvement" are defined as costs that keep the system working well and are typically incurred once every five years or as needed to maintain benefits to assessed parcels, especially if unique circumstances could cause a quicker decline in benefits.

(a)CA Streets and Highways Code § 10100.8(a) Following the levy of an assessment pursuant to this division to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing works, systems, or facilities after January 1, 1985, upon a district benefited thereby, and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, repair, and improvement of the works, systems, or facilities.
(b)CA Streets and Highways Code § 10100.8(b) The legislative body, may, by resolution adopted at a public hearing, determine to levy and collect in any year upon and against all of the taxable land and improvements within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subdivision (a).
(c)CA Streets and Highways Code § 10100.8(c) The special assessment shall be levied, collected, and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties, as in the case of other special assessments levied pursuant to this division by the city. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, repair, or improvement of the works, systems, or facilities.
(d)CA Streets and Highways Code § 10100.8(d) For purposes of this section, “maintenance, repair, and improvement” shall include all expenses incurred to keep the work, system, or facility in fit operating condition which are ordinarily incurred no more frequently than every five years, except that expenses which are ordinarily incurred at lesser intervals may be included if the legislative body finds that the expenses have to be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual for other public works of the type involved because of circumstances which do not ordinarily affect these public works.

Section § 10100.9

Explanation

Before a hearing under Section 10100.8 takes place, it is required that the clerk ensures a notice about the hearing is published following the detailed procedures in Section 6066 of the Government Code.

Prior to any hearing pursuant to Section 10100.8, the clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the Government Code.

Section § 10101

Explanation

This law section states that the local government (legislative body) can acquire existing infrastructure in the streets that is needed to provide public utilities like water, electricity, and gas to its residents. They can also obtain land and usage rights necessary for operating these utilities, whether they are inside or outside the city. Additionally, the government can purchase utilities like electric current or gas to provide power or lighting services.

The legislative body may acquire any works or appliances already installed in the streets, of the municipality which are necessary or convenient to supply the municipality or its inhabitants with water, electricity, gas, or other means of heat, illumination, power, or any other public service, and any plants, lands, and rights of way, whether located within or without the municipality, which are necessary or convenient for their use and operation, or may acquire the use of any such works, appliances, and other property. The legislative body may also acquire electric current, gas, or other illuminating agent for power or lighting service pursuant to this division.

Section § 10102

Explanation

This law allows city governments in California to pay for, acquire, or install public works and improvements when it's in the public interest or necessary for convenience. These improvements can be related to streets, parking areas, parks, or other local projects. City governments can acquire the land or rights needed for these projects through purchase, gifts, or, if necessary, through eminent domain, which means they can legally take private property for public use with compensation.

Notwithstanding any other provision of this division, whenever the public interest or convenience requires, the legislative body of any municipality may pay fees or expenses or acquire or install any or all of the works and improvements authorized by, and subject to the limitations with respect to those works and improvements set out in, the Improvement Act of 1911 (Division 7 (commencing with Section 5000)), the Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18), the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18), the Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of the Government Code), or other works and improvements of a local nature, and may acquire by gift, purchase, or eminent domain proceedings land, rights-of-way, and easements necessary for the works and improvements.

Section § 10102.1

Explanation

This section of the law adopts parts of the Improvement Act of 1911, focusing on moving overhead electric and communication lines underground. Exceptions include specific sections of the Act. The costs for this conversion will be covered by the improvement fund. An agreement about the work must be in place before the formal decision to proceed. Any written requests related to the conversion need to be submitted before the final hearing, although the legislative body can allow later submissions up to the assessment confirmation.

The provisions of the Improvement Act of 1911 relating to conversion of existing overhead electric and communication facilities to underground locations, as set forth in Chapter 28 (commencing with Section 5896.1) of Part 3, Division 7 of this code, excepting Sections 5896.10, 5896.13 and 5896.15, are incorporated in this division as if fully set out herein. References in said Chapter 28 to “this division” shall be deemed to refer to Division 12. The contractor, public utility, public agency or city performing the work of conversion shall be paid therefor from the improvement fund. The agreement provided for by Section 5896.9 shall be made prior to the adoption of the resolution ordering the work. Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the time set for hearing on the report, provided, that the legislative body may authorize such request to be filed at any time not later than the confirmation of the assessment.

Section § 10102.2

Explanation

This law section states that certain provisions from the Improvement Act of 1911, which deal with work on state highways, county roads, or railroad areas, are included in this division. However, whenever it refers to 'this division,' it should now mean Division 12, starting with Section 10000.

The provisions of the Improvement Act of 1911 relating to work performed on a state highway, county road, or railroad right-of-way, as set forth in Sections 5101.7 and 5101.8, are incorporated in this division as if fully set out herein, except that references to “this division” shall be deemed to refer to Division 12 (commencing with Section 10000).

Section § 10103

Explanation

This law explains that cities and counties in California can construct improvements and levy assessments (a kind of tax) in each other's areas, provided they get the necessary permissions first. It also allows public corporations to do the same outside their boundaries. If they don't plan to levy an assessment outside their own boundaries, then they don't need to submit a resolution of intention for approval; they just need to get the required consent before moving forward with the improvements.

The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of this code providing for the construction of work and the levy of an assessment by a city within a county or by a county within a city, are incorporated in this division as if fully set out herein. Upon obtaining the consent required in that chapter, a city may construct improvements and levy an assessment in a county or in another city, a county may construct improvements and levy an assessment within a city, and a public corporation may consruct improvements and levy an assessment outside of its boundaries either within a city or within a county. If no assessment is to be levied outside the boundaries of the city, county, or public corporation conducting the assessment proceedings, the proposed resolution of intention need not be submitted or approved and the consent required shall be obtained prior to the ordering of the improvement.

Section § 10104

Explanation

If a governing body that is not a city or county starts a project requiring assessments on local land, they must first get approval from the relevant city or county's legislative body. This approval involves submitting a detailed proposal with maps showing the affected area. Once approval is given, the initiating body can proceed with the necessary steps to complete the project, manage assessments, and handle any bonds related to unpaid assessments.

When any proceeding is initiated under this division by a legislative body other than that of a city or county, and before the resolution of intention is adopted, the proposed resolution, together with a plat or map which shall indicate by a boundary line the extent of territory included in the proposed district, shall be submitted for approval of the legislative body of the city, where the land to be assessed lies within the corporate limits of any city, or of the county, where the land to be assessed lies within an unincorporated territory. When such approval has been secured, the resolution of intention may be adopted and the legislative body initiating the proceeding may thereafter take each and every step required for or suitable for the consummation of the work and the levying, collecting and enforcement of the assessments to cover the expenses thereof and the issuance and enforcement of bonds to represent unpaid assessments.

Section § 10105

Explanation

This law provides an alternative method for starting construction projects approved under the Improvement Act of 1911. It allows the legislative body to issue a resolution to begin the work once a local, state, or national agency agrees to contribute labor, materials, supplies, or equipment to the project.

As an alternative procedure for constructing any improvement authorized under the Improvement Act of 1911, the legislative body may pass a resolution of intention to do such work, which shall contain a provision that the work shall be instituted when any local, state, or national agency or authority accepts the proposed work as a project for which a contribution of labor, or labor and any portion of materials, supplies, or equipment, will be made by such agency or authority.

Section § 10106

Explanation

This law section outlines an alternative procedure for construction work by contractors. Contractors can supply all or part of the labor, materials, and equipment needed, just as described in another chapter of the law. When choosing this alternative method, a resolution must specify the contributing agency, the contribution amount, and details of the work done by the contractor or city. The resolution must still follow certain rules. Also, additional contributions, not initially mentioned, are allowed, and a related legal section (Section 5125) is included as part of this law.

Under the alternative procedure the work to be done by the contractor shall consist of furnishing all or any part of the labor, materials, supplies, and equipment necessary for the construction of the improvements or the work may be performed or the labor, materials, supplies, and equipment furnished in the same manner as provided in Chapter 6 of this division. Whenever the alternative procedure is adopted, the resolution shall recite that fact, state the name of the agency or authority which is to make the contribution, the contribution which is to be made, and the work to be done by the contractor or by the city. In all other particulars the resolution shall conform to the provisions of Chapter 3 of this division. Nothing in this section prevents the acceptance of contributions not mentioned in the resolution of intention for any improvements mentioned in this section, and for that purpose Section 5125 is incorporated as part of this division as if fully set out herein.

Section § 10107

Explanation

This section states that the rules and regulations from Chapter 26 of Part 3 of Division 7 are included and can be applied within this division as if they were written here.

You can use these rules together with the other rules in this division.

The provisions of Chapter 26 of Part 3 of Division 7 of this code are incorporated in this division as if fully set out herein. These provisions may be used in combination with the other provisions of this division.

Section § 10108

Explanation

This section allows a city to create a maintenance district, which is an area designated for the upkeep of public infrastructure. When a maintenance district is formed, specific rules from a part of the Streets and Highways Code will apply, except for certain sections (5850 to 5853). The city officers will take on the roles required by those rules.

A city may form a maintenance district, in which event Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code, excepting Sections 5850 to 5853, inclusive, as now or hereafter provided, shall hereafter apply. In such event, the officers referred to therein shall be deemed to be the city officers performing the same duties.

Section § 10109

Explanation

This law allows a city to acquire or install certain improvements like works or appliances even if they will be owned, managed, or controlled by another public agency or a regulated public utility, including cable TV companies. The city can follow the procedures specified in this division to carry out such acquisitions or installations.

Whenever the improvement or acquisition includes the acquiring or the installation of works, appliances, or improvements authorized by this division, and the works, appliances, or improvements are, or may be, under the ownership, management, or control of any public agency other than the city making the acquisition or ordering the work done, or of a regulated public utility, the works, appliances, or improvements may be acquired or installed under the proceedings specified in this division. For purposes of this section and Sections 10110 and 10111, “regulated public utility” includes a cable television company.

Section § 10110

Explanation

This law section deals with how different local agencies, public utilities, or mutual water companies can collaborate on public works projects. Before starting any work, they need to make an agreement detailing responsibilities and powers. These agreements can include sharing plans, performing work, and transferring ownership of existing installations. They also clarify how projects will be financed and ensure that no main extension refund deals are made with developers if special assessments were used.

Additionally, the agreements become effective once certain procedures are completed and funding is secured. If a territory needs to be annexed for the project, the required steps must match the law's requirements. If annexation fails, further actions under the current plan are halted. These agreements aim to ensure cooperative and efficient management of public resources and services.

Before the ordering of the work, acquisitions, or improvements which are to be owned, managed, or controlled by any other public agency, regulated public utility, or mutual water company, the legislative body shall enter into an agreement with the public agency, public utility, or mutual water company which has, or may have, charge of the works, appliances, or improvements. The agreement may provide for the joint exercise of any power authorized by this division by two or more local agencies authorized to use this division if the legislative body of each participating agency adopts a resolution declaring that the joint agreement would be beneficial to the residents of the area of the agency. A local agency which is a party to the agreement may use the proceeds of any assessment or of any bonds or other indebtedness issued in conjunction with this division pursuant to the agreement to provide facilities which the local agency is otherwise authorized by law to provide, even though another agency which is a party to the agreement does not have the power to provide those facilities. Among other things, the agreement may provide for any of the following:
(a)CA Streets and Highways Code § 10110(a) For the supplying by the public agency, public utility, or mutual water company of plans and specifications in accordance with Chapter 5 (commencing with Section 5170) of Part 3 of Division 7.
(b)CA Streets and Highways Code § 10110(b) For the performance of work or service by the public agency, public utility, or mutual water agency, and the payment to the public agency, public utility, or mutual water company out of the improvement fund for the work or service. Any agreement providing for the performance of work by a public utility or mutual water company may provide for the posting of labor, material, and performance bonds.
(c)CA Streets and Highways Code § 10110(c) For the acquisition by the legislative body of works or appliances already installed and for the conveyance of these works or appliances to the public agency, public utility, or mutual water company. The owner of these works or appliances may be a party to the agreement.
(d)CA Streets and Highways Code § 10110(d) That the agreement shall become effective after proceedings have been taken pursuant to this division and the funds are available to carry out all the terms thereof. Whenever it is proposed to annex to the public agency the territory in which the installation or acquisition is contemplated, proceedings may be taken up to and including the confirmation of the assessment as provided for in Section 10312 prior to the commencement of the annexation proceedings. If the annexation is successful, the assessment shall be recorded and other proceedings taken that may enable the parties to comply with the terms of the agreement. If the annexation proceedings fail, further proceedings under the resolution of intention are barred.
Any agreement entered into pursuant to this section, to the extent that utilities have been financed by special assessments, shall provide that no main extension refund agreement shall be entered into with a developer.

Section § 10110.1

Explanation

This law explains how refund payments related to certain public works or improvements should be handled when they are financed through special assessments. If a public agency, utility, or water company pays a refund for these improvements, the money must be put into a special fund managed by the city treasurer. This fund should either offset the original assessments or be used to repay bonds.

However, if the payment occurs more than four years after specific deadlines (like assessing documentation or bond installments), the funds will be reallocated to the city's general fund.

If an agreement entered into pursuant to Sections 10109 and 10110 provides for the payment of refunds, and to the extent that the works, appliances, or improvements to which the refund payments are applicable are financed by special assessments, any amounts paid by the public agency, public utility, or mutual water company as a refund payment for the works, appliances, or improvements to be transferred to the public agency, public utility, or mutual water company under the agreement shall be deposited into a special fund to be established and administered by the city treasurer and applied as a credit upon the assessment and supplemental assessment, if any, in the same manner as provided in Section 10427.1, or shall be used to call bonds, or both. The credits shall be applied only to the assessments levied for the particular improvements for which the refund is made. Any such amounts shall be transferred to the general fund of the city if either of the following occurs:
(a)CA Streets and Highways Code § 10110.1(a) The amounts are paid later than four years from the date of recordation of the assessment and any supplemental assessment.
(b)CA Streets and Highways Code § 10110.1(b) If bonds have been issued, the amounts have been paid later than four years after the due date of the last installment upon the bonds or of the last principal coupons attached thereto.

Section § 10111

Explanation

Once a project is finished and handed over, the ownership of the completed work, such as installations, improvements, or equipment, transfers to the public agency or utility. These assets then become part of the agency's or utility's system and must be used, operated, maintained, and managed by them as part of their infrastructure.

After the work, acquisitions or improvements have been completed and accepted, or conveyed to the public agency or utility, title to the works, appliances or improvements so installed, acquired or conveyed shall vest in the public agency or utility and constitute a part of its system, and shall at all times thereafter be used, operated, maintained, and managed by it as a part of such system.

Section § 10112

Explanation

This section allows a local government to consider the preliminary work for water supply systems or sewer projects as 'improvements'. This includes things like environmental impact reports, engineering plans, cost estimates, and any legal or election expenses related to the project.

In the case of a proposal for a water supply system or sanitary sewers and facilities, the preliminary steps, including, but not limited to, environmental impact reports, feasibility studies, engineering plans, cost estimates, legal expenses, and elections, may, at the legislative body’s discretion, be deemed to be improvements.