This part provides an alternative procedure for complying with the requirements of this division. This alternative procedure shall only be used by a legislative body undertaking assessment proceedings pursuant to the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)), whether or not in combination with another authorized assessment bond act. If a legislative body complies with the requirements of this part, all other requirements of this division are satisfied.
Part 7.5ALTERNATIVE PROCEEDINGS
Section § 2960
This law section offers a different way for local government bodies to handle assessment proceedings under the Municipal Improvement Act of 1913. It means they can use this method to meet all the necessary legal requirements if they choose it, even if they're combining it with other assessment-related acts.
alternative procedure assessment proceedings Municipal Improvement Act of 1913 legislative body authorized assessment bond act local government satisfy legal requirements compliance Division 12 assessment bond municipal improvements division requirements alternative compliance legislative compliance public works financing
Section § 2961
This law section explains that if a legislative body in California wants to form a special assessment district under the Municipal Improvement Act of 1913, they must follow certain steps. First, in their resolution of intention, they must state that they will comply with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. They must ensure their report includes the current and proposed total unpaid special assessments and the true value of the parcels to be assessed. They must notify property owners of the total principal amount of existing unpaid assessments. Before approving the assessment, they need to confirm that the total unpaid assessments plus the proposed one do not exceed half of the assessed parcels' total value. This decision is final unless there's fraud.
If a legislative body determines to proceed under this part in forming an assessment district pursuant to the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)), it shall, in addition to complying with all requirements of that act, do all of the following:
(a)CA Streets and Highways Code § 2961(a) State in the resolution of intention that it adopts pursuant to Section 10200 that it intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under this part.
(b)CA Streets and Highways Code § 2961(b) Direct that all of the following information be included in the report prepared pursuant to Section 10204:
(1)CA Streets and Highways Code § 2961(b)(1) The total 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, which would require an investigation and report under this division against the total area proposed to be assessed.
(2)CA Streets and Highways Code § 2961(b)(2) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the county. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIII A of the California Constitution.
(c)CA Streets and Highways Code § 2961(c) Include in the notice sent pursuant to Section 10307 a statement of the total principal amount of unpaid assessments already levied against all the property proposed to be assessed, as computed in the project report.
(d)CA Streets and Highways Code § 2961(d) Before confirming the assessment pursuant to Section 10311, the legislative body shall find that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to paragraph (1) of subdivision (b), plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b). The finding and determination of the legislative body shall be final and conclusive in the absence of fraud.
Municipal Improvement Act of 1913 special assessment district resolution of intention Special Assessment Investigation assessments report parcel true value Section 10200 compliance unpaid special assessments property owner notification project report Section 10307 notice assessment confirmation majority protest parcels total value fraud exception
