Approval of the owners of land for any improvements specified in Section 10112 may, at the discretion of the legislative body, be secured through an election.
Chapter 2.5Elections
Section § 10120
This law allows for the approval of land improvements to be decided by an election, if the legislative body chooses to do so. Basically, if there's a plan to make specific improvements on land, the people who own that land can vote on it.
land improvement approval landowner election legislative body discretion Section 10112 improvements landowner vote improvement election public works approval infrastructure projects property owner consent election process for improvements
Section § 10121
This law section explains the process for conducting an election by mail for studies involving parcels of land. It allows the election to be conducted by mailed ballot regardless of the number of eligible voters. The legislative body must publish notice of the election for two weeks beforehand. Each parcel of land gets one vote, which can be cast by any owner if the land is owned by a group like a partnership or corporation. The "landowner" is defined as the person listed on the latest tax roll, and this can change if they provide proof of new ownership.
(a)CA Streets and Highways Code § 10121(a) Notwithstanding any other provision of law, the election may be conducted by mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of Division 4 of the Elections Code, regardless of the number of voters eligible to vote. Prior to the election, the legislative body shall provide for published notice of the election at least once a week for two weeks. Only one vote may be cast for each parcel of land within the territory proposed to be studied.
(b)CA Streets and Highways Code § 10121(b) If the landowner is a partnership, joint tenancy, corporation, or tenancy in common, the vote to which the landowner is entitled may be cast by any of the partners, joint tenants, or tenants in common. However, only one vote may be cast on behalf of the landowner.
(c)CA Streets and Highways Code § 10121(c) As used in this section:
(1)CA Streets and Highways Code § 10121(c)(1) “Landowner” means any person shown on the last equalized assessment roll as the owner of land. However, if the ownership of the land is changed after the making of the last equalized assessment roll, the new owner thereof may vote upon the production of evidence of ownership of the land.
(2)CA Streets and Highways Code § 10121(c)(2) “Parcel” means any parcel as identified on the last equalized assessment roll.
mailed ballot election parcel voting landowner definition partnership voting rights corporation voting joint tenancy voting tenancy in common voting election notice requirements land ownership change equalized assessment roll voting by mail land parcel identification two-week notice legislative body requirements evidence of ownership
Section § 10122
This law states that if there is a proposal for improvements in a particular area, the measure to be voted on must include a detailed description of the improvements, a map of the affected area, and a cost estimate. Additionally, the plan needs approval from the local government body after a public hearing is held.
The measure to be voted on shall include a description of the improvements proposed, a map showing the territory to be benefited by the proposed improvements and proposed to be subject to assessments, and an estimate of the costs of the improvements proposed. The measure to be voted on shall be approved by the legislative body after holding a public hearing.
proposed improvements public hearing legislative approval cost estimate territory map benefited territory voter measure local government public input community impact assessment subject proposal requirements improvement description
Section § 10123
This law says that if a majority of voters approve a certain measure, then assessments related to the measure can be charged and collected. The legislative body can cover the cost of the work before collecting these assessments. Additionally, such assessments can be paid in installments over a maximum of five years.
The proposition is approved if a majority of the voters voting approve the measure.
If the measure is approved by the voters, assessments shall be levied and collected pursuant to Chapter 5 (commencing with Section 10400). The legislative body may pay the cost of the work described in Section 10112 prior to the collection of assessments.
Any assessment imposed pursuant to this section may be collected in installments over a period not to exceed five years.
voter approval proposition approval majority vote measure approval levy assessments assessment collection installment payments five-year period Chapter 5 Section 10400 legislative body work costs prior payment
Section § 10124
This law allows a city or county government to postpone collecting certain fees for improvements like water supply or sewer systems. They can wait to collect these fees until a district is formed to help pay for these projects.
Notwithstanding Section 10123, the legislative body may delay the collection of the assessments imposed by Section 10123 until the time an assessment district is created pursuant to Section 10200 to pay the costs of a water supply system project, or a sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123.
assessment collection delay water supply system project sanitary sewer project assessment district creation infrastructure improvement fees project cost approval local government fees public works funding municipal projects Section 10200 Section 10123 legislative body authority deferred assessments local government assessments
Section § 10125
This law states that if a local government forms an assessment district to fund a water supply or sanitary sewer project, they must combine the assessments required under two different sections if the project's costs have already been approved. Essentially, it simplifies how assessments are managed when setting up such infrastructure projects.
If an assessment district is created pursuant to Section 10200, the legislative body shall include the assessments imposed by Section 10123 with the assessments imposed by Section 10200 within an assessment district created to pay the costs of a water supply system, or a sanitary sewer and facilities project, where the costs of proposed improvements for such a project have been approved pursuant to Section 10123.
assessment district water supply system sanitary sewer facilities project legislative body assessment management project costs approval infrastructure funding local government combined assessments Section 10123 Section 10200 improvement projects cost funding public utilities
