A district, in the construction of any work to be done or improvement made by it or within an improvement district formed pursuant to Part 7 (commencing with Section 75000) of this division and in the levying of assessments and reassessments and the issuing of bonds to pay for costs and expenses of the work and improvements done or to be done, may use the Improvement Act of 1911, the Municipal Improvement Act of 1913, or the Improvement Bond Act of 1915. These acts are hereafter referred to in this chapter as the “improvement acts.”
Financial ProvisionsAdoption of Improvement Acts
Section § 74900
This law section outlines how a district in California can handle construction projects and improvements. Specifically, when a district undertakes any construction work, it can use certain legal frameworks known as the 'improvement acts' to levy assessments, manage reassessments, and issue bonds to cover costs. These frameworks include the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915.
construction projects district improvements assessment levies
Section § 74901
This law allows a district to build or purchase public improvements as long as they follow the specific rules outlined in this section. Even if other laws have different rules, this section provides a unique set of procedures for constructing or acquiring these improvements. However, any work done must still be the type of improvement allowed by this division of laws.
Notwithstanding the provisions or limitations of any of the improvement acts relating to the work authorized to be done or the improvements authorized to be made thereunder, a district may acquire or construct, by the procedures permitted by this article, any improvements authorized by this division, and the improvements authorized to be constructed or acquired by the procedure permitted by this article, are restricted to those permitted by this division.
district improvements acquire improvements construct improvements
Section § 74902
This law section defines how specific terms used in certain improvement acts are interpreted when applied to proceedings under this division. Essentially, it renames standard municipal roles or concepts to align with district-specific terms. For example, 'city council' is replaced with 'board,' and 'city' is replaced with 'district.' Similarly, 'city clerk' becomes 'secretary,' and 'superintendent of streets' becomes the 'chief engineer' or someone appointed to similar duties. The 'tax collector' is the county tax collector, and 'treasurer' stays the same. The term 'right-of-way' refers to district-owned pathways used for construction or maintenance of district-authorized projects.
In the application of the improvement acts to proceedings under this division, the terms used in those acts shall have the following meanings:
(a)CA Water Code § 74902(a) “City council” or “council” means the board.
(b)CA Water Code § 74902(b) “City” or “municipality” means the district.
(c)CA Water Code § 74902(c) “Clerk” or “city clerk” means the secretary.
(d)CA Water Code § 74902(d) “Superintendent of streets,” “street superintendent,” or “city engineer” means the chief engineer of the district or any other person appointed to perform such duties.
(e)CA Water Code § 74902(e) “Tax collector” means the county tax collector.
(f)CA Water Code § 74902(f) “Treasurer” or “city treasurer” means the treasurer.
(g)CA Water Code § 74902(g) “Right-of-way” means any right-of-way owned or held by the district for the purpose of constructing or maintaining any work or improvements which the district is authorized to do.
improvement acts term interpretation city council definition
Section § 74903
This law says that the responsibilities and authority usually given to city boards and officials by improvement acts are instead held by the district's board and officials.
The powers and duties conferred by the improvement acts upon boards, officers, and agents of cities shall be exercised by the board, officers, and agents of the district, respectively.
improvement acts district board responsibilities city officials
Section § 74904
This law specifies that any assessment or bond for land improvement projects does not become a legal claim against the property, nor is anyone considered legally informed about it, until a certified copy of the assessment and its accompanying diagram are formally recorded with the county recorder where the property is located.
No assessment or bond levied or issued pursuant to proceedings under any of the improvement acts, as authorized by this chapter, shall become a lien, and no person shall be deemed to have notice thereof, until a certified copy of the assessment in the proceedings under the improvement act being utilized, and the diagram attached to the assessment, are recorded in the office of the county recorder of each county in which any part of the lands assessed are located.
land improvement projects assessment lien bond issuance
