SECTIONS 22585-22595 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 22585-22595

22585. Proceedings for the formation of an assessment district
shall be initiated by resolution. The resolution shall:
(a) Propose the formation of an assessment district pursuant to
this part.
(b) Describe the improvements.
(c) Describe the proposed assessment district and specify a
distinctive designation for the district.
(d) Order the engineer to prepare and file a report in accordance
with Article 4 (commencing with Section 22565) of Chapter 1.
The descriptions need not be detailed but shall be sufficient if
they enable the engineer to generally identify the nature, location,
and extent of the improvements and the location and extent of the
assessment district.

22586. Upon completion, the engineer shall file the report with the
clerk for submission to the legislative body. The legislative body
may approve the report, as filed, or it may modify the report in any
particular and approve it as modified.

22587. After approval of the report, either as filed or as
modified, the legislative body shall adopt a resolution of intention.
The resolution shall do all of the following:
(a) Declare the intention of the legislative body to order the
formation of an assessment district, to levy and collect assessments,
and, if desired, to issue bonds or notes pursuant to this part.
(b) Generally describe the improvements.
(c) Refer to the proposed assessment district by its distinctive
designation and indicate the general location of the district.
(d) Refer to the report of the engineer, on file with the clerk,
for a full and detailed description of the improvements, the
boundaries of the assessment district and any zones therein, any
bonds or notes to be issued, and the proposed assessments upon
assessable lots and parcels of land within the district.
(e) Give notice of, and fix a time and place for, a hearing by the
legislative body on the question of the formation of the assessment
district and the levy of the proposed assessment.

22588. The legislative body shall comply with the notice, protest,
and hearing procedures in Section 53753 of the Government Code.

22591. During the course or upon the conclusion of the hearing, the
legislative body may order changes in any of the matters provided in
the report, including changes in the improvements, the boundaries of
the proposed assessment district and any zones therein, and the
proposed diagram or the proposed assessment. The legislative body
may, without further notice, order the exclusion of territory from
the proposed district, but shall not order the inclusion of
additional territory within the district except upon written request
by a property owner for the inclusion of his property or upon the
giving of mailed notice of hearing to property owners upon the
question of the inclusion of their property in the district.

22592. Upon the conclusion of the hearing, the legislative body
shall determine whether a majority protest exists. For that purpose,
the extent of the territory of the proposed assessment district shall
be adjusted in accordance with any orders excluding territory from
or including additional territory within the district.

22593. Proceedings for the formation of the assessment district
shall be abandoned if there is a majority protest, as defined in
Section 53753 of the Government Code.

22594. (a) If a majority protest has not been filed, the
legislative body may adopt a resolution ordering the improvements and
the formation of the assessment district and confirming the diagram
and assessment, either as originally proposed by the legislative body
or as changed by it. Except as provided in subdivision (b), the
adoption of the resolution shall constitute the levy of an assessment
for the fiscal year referred to in the assessment.
(b) If bonds or notes are to be issued pursuant to Section
22662.5, the adoption of the resolution shall constitute the levy of
an assessment for a principal amount which may be collected in annual
installments. The clerk shall record a notice and map describing the
assessment pursuant to Division 4.5 (commencing with Section 3100).

22595. Whenever a railroad, gas, water, or electric utility
right-of-way or electric line right-of-way is included within an
assessment district, the railroad, gas, water, or electric utility
right-of-way or electric line right-of-way shall be included in the
initiating resolution, the engineer's report, and the resolution of
intention. The railroad, gas, water, or electric utility right-of-way
or electric line right-of-way shall be assessed only if, and to the
extent that, it is found that it will benefit from the installation
and maintenance of the proposed improvement, and the railroad, gas,
water, or electric utility right-of-way or electric line right-of-way
shall be subject to the same penalties, and the same procedure and
sale, in the event of delinquency as other parcels in the assessment
district. In determining whether or not the railroad, gas, water, or
electric utility right-of-way or electric line right-of-way benefits,
its use as a right-of-way for a railroad, gas, water, or electric
utility shall be presumed to be permanent.