Chapter 2Improvements Authorized
Section § 10100
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.
Section § 10100.1
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.
Section § 10100.2
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.
Section § 10100.3
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.
Section § 10100.5
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.
Section § 10100.6
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.
Section § 10100.7
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.
Section § 10100.8
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.
Section § 10100.9
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.
Section § 10101
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.
Section § 10102
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.
Section § 10102.1
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.
Section § 10102.2
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.
Section § 10103
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.
Section § 10104
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.
Section § 10105
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.
Section § 10106
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.
Section § 10107
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.
Section § 10108
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.
Section § 10109
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.
Section § 10110
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.
Section § 10110.1
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.
Section § 10111
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.
Section § 10112
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.