Before any ordinance or resolution may be adopted by the legislative body of any county, city, district or other public corporation, ordering the construction of any public improvement or the acquisition of any property for public use where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands, the proceedings required by this division shall be taken.
Part 2INVESTIGATION AND REPORT ON THE PROJECT
Section § 2820
Before a local government like a county, city, or district can approve a project to build public improvements or acquire property using special assessments or taxes on land, they must follow certain procedures outlined in this division.
public improvement property acquisition special assessments special assessment taxes local government project approval construction costs land taxes ordinance adoption resolution adoption county legislation city legislation district legislation public corporation assessment procedures
Section § 2821
This law section explains that a city's legislative body must create a resolution or ordinance to decide on the general details about a new public improvement or acquisition, like where it will be and what it will involve.
They can refer to specific plans or maps to describe these details, and these documents must be available for the public to view at the clerk's office.
The legislative body shall by resolution or ordinance determine in general the nature, location and extent of such proposed improvement or acquisition. Reference may be made to one or more plans, specifications or plats for such descriptions and for all particulars relative thereto, which plans, specifications or plats shall be on file with the clerk of the legislative body and open to inspection.
legislative body resolution ordinance public improvement acquisition plans specifications plats inspection clerk's office location nature of project extent of project public file government decision-making
Section § 2822
This law requires a legislative body to outline the area that will be charged for improvements or acquisitions through special assessments. The boundaries of this district can be defined by detailing the outer limits, using official or recorded maps, or referring to a specific map or plat on file which clearly marks the district’s territory that will be assessed.
The legislative body shall also generally define the boundaries or extent of the district or lands to be specially assessed to pay all or any part of the cost of the proposed improvement or acquisition.
The district may be described by:
(a)CA Streets and Highways Code § 2822(a) Stating the exterior boundaries thereof, or
(b)CA Streets and Highways Code § 2822(b) Giving a description thereof according to any official or recorded map or maps, or
(c)CA Streets and Highways Code § 2822(c) Referring to a plat or map on file in the office of the clerk of the legislative body which shall indicate by a boundary line the territory to be included in the assessment district, and which shall govern for all details as to the extent of the district.
special assessments district boundaries legislative body proposed improvement acquisition costs exterior boundaries official map recorded map assessment district territory definition plat or map boundary line cost payment map on file clerk's office
Section § 2823
This law requires the legislative body to decide how much money, if any, will come from sources other than special assessments on properties benefiting from an improvement or acquisition. They must also choose the legal process to follow for these proceedings.
The legislative body shall also determine the amount or percentage, if any, proposed to be paid toward the cost of such improvement or acquisition from any source other than special assessments upon benefited property, and shall determine the law under which the proceedings are to be conducted.
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Section § 2824
This section explains that when a city or county government plans an improvement or acquisition project, they need a written report detailing the proposal. The county can task this report to the county surveyor or road commissioner, while a city can ask the city engineer or superintendent of streets to do it. Alternatively, they can hire any qualified person to create the report. This report must be completed and submitted to the legislative body within a year of being assigned.
The legislative body shall cause a written report upon the proposed improvement or acquisition to be prepared for it. The legislative body of a county may require the county surveyor or the county road commissioner to procure the required information and prepare the report, and the legislative body of a city may require the city engineer or the superintendent of streets to procure the required information and prepare the report. In lieu of the county surveyor, county road commissioner, city engineer or superintendent of streets, the legislative body of the city or county may employ any competent person to procure such information and prepare the report. The person required to prepare the report shall complete and file the same with the legislative body within one year from the date such person is directed to prepare the report.
proposed improvement acquisition project written report county surveyor road commissioner city engineer superintendent of streets legislative body report preparation competent person project report municipal projects government planning timely submission local authorities
Section § 2825
This law section outlines the requirements for a report on proposed improvements or acquisitions that will be funded by assessing property owners. The report must include a map showing the project details and lands affected, a breakdown of estimated costs including construction and incidental expenses, and the true value of the parcels involved. If multiple purposes require property acquisition, those costs must be clearly stated. Additionally, it must detail existing and estimated assessment amounts for each parcel, proposed zones for assessments, if any, and bond information like maturity and interest rates.
The report on the proposed improvement or acquisition shall contain all of the following information:
(a)CA Streets and Highways Code § 2825(a) A map, plat, or diagram showing the general nature, location, and extent of the proposed improvement or acquisition and the lands to be assessed to pay any part of the cost thereof.
(b)CA Streets and Highways Code § 2825(b) The total estimated cost of the proposed improvement, stating separately the estimated cost of each class of construction proposed, such as grading, paving, curbing, and the like, and including the incidental expenses of the proceedings, the total amount of which shall also be separately stated, as well as any cost of registering bonds.
(c)CA Streets and Highways Code § 2825(c) The total estimated cost, including the incidental expenses of the proceedings and any cost of registering bonds, the total amount of which shall also be separately stated, of the proposed acquisition.
If the acquisition of property for more than one purpose is involved, and any of the purposes will require the acquisition of property or rights in property for which compensation is required to be made, which property or rights would not be required if that purpose were omitted, the estimated cost of the property or rights acquired for that purpose shall be separately stated.
(d)CA Streets and Highways Code § 2825(d) The true value of the parcels to be assessed calculated in accordance with Part 8 (commencing with Section 2980).
(e)CA Streets and Highways Code § 2825(e) The true value of each parcel to be assessed calculated in accordance with Part 8 (commencing with Section 2980).
(f)CA Streets and Highways Code § 2825(f) The amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, whether direct or ad valorem, upon each parcel proposed to be assessed, which would require an investigation and report under this division.
(g)CA Streets and Highways Code § 2825(g) The estimated amount of the assessment for the proposed acquisition or improvement to be levied upon each parcel to be assessed. If the district is to be divided into zones, the proposed zones and the percentage to be assessed against each zone shall be shown on the district map and the estimated assessment shall be proportioned, as nearly as may be, according to the zones and percentages.
(h)CA Streets and Highways Code § 2825(h) The number of years within which the bonds, if any, to be issued shall mature, and the number of installments of the principal of the bonds, and the interest rate or maximum interest rate at which the bonds shall be issued if no definite interest rate is to be fixed until the bonds are sold.
proposed improvement report acquisition details map of project assessment costs construction cost breakdown true value calculation parcel assessments special assessments district zones bond maturity bond interest rates property acquisition costs incidental expenses
Section § 2826
This law requires attaching a copy of a specific resolution or ordinance to a report, as referred to in another legal section, Section 2821.
A copy of the resolution or ordinance adopted pursuant to Section 2821 shall be attached to the report.
resolution ordinance report attachment Section 2821 compliance legal documents report submission municipal resolution ordinance attachment reporting requirements local government procedure documentation process legal compliance administrative procedure government resolution
Section § 2827
This law states that the initial assessment estimates for street improvements are just predictions and the final charges might be different. The final fees must follow the rules of the applicable street improvement law and can only be disputed in the specific way that law prescribes.
The assessments required to be set forth in the report shall be deemed to be estimates only and the final assessments levied under any street improvement law may differ therefrom in amount. The final assessments shall be subject to the limitations imposed by this division and shall be levied in accordance with the street improvement law designated and shall be subject to objection only in the manner provided in that street improvement law.
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Section § 2828
This law requires the person who writes a report about property matters to be present at a hearing. At the hearing, they must provide information about the report to both the property owners involved and the legislative body overseeing the matter.
The person preparing the report shall appear at the hearing on the report and give all information concerning it to all interested property owners and to the legislative body.
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Section § 2829
The legislative body has the option to cancel a planned acquisition or improvement project at any time before they actually award the contract for that project. This decision can be made while the project details are still being finalized or even later on, as long as a contract hasn't been awarded yet.
The legislative body may by order or resolution abandon the proposed acquisition or improvement during the preparation of the report or at any time thereafter until, but not after, the award of contract for the acquisition or improvement.
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Section § 2830
When a legislative body approves a report, they must note this approval and the date on the report itself. Then, the report needs to be filed with the legislative body's clerk.
When the report has been approved by the legislative body, the fact and date of such approval shall be indorsed thereon, and the report shall be filed with the clerk of the legislative body.
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