2007 California Streets and Highways Code Chapter 9.5. Replacement Of Obsolete Lighting System In Existing District

CA Codes (shc:19165-19177)

19165.  Upon the receipt of a petition signed by owners of taxable
property  representing 60 percent or more of the total assessed
valuation of all taxable property within an existing highway lighting
district, or within a temporary zone requested to be established by
the petition in the manner provided in this chapter, the governing
body of the district may replace an obsolete lighting system with a
new modern county- or utility-owned lighting system where necessary
for the proper operation of the district or of the portion thereof
lying within the temporary zone.



19165.1.  As an alternative to the petition procedure, the board of
supervisors, by a four-fifths vote, may determine that the public
safety and convenience require replacement of an obsolete system.
The resolution may propose that a temporary zone be established,
which zone will be benefited by the work, for the purpose of levying
a special tax in the zone to finance the cost of the work.
   The resolution shall contain that matter required by Section
19166.  Notice and hearing of the resolution shall be substantially
as required by Sections 19168 and 19169.  If the board of supervisors
  determines at the hearing, by a four-fifths vote, that it is just
and equitable and in the public interest that the obsolete lighting
be replaced and that the proposed temporary zone be formed, it shall
fix and describe the boundaries of the proposed zone in a manner so
as to exclude any territory which will not be benefited by inclusion
in the zone; it shall declare the zone established; it shall
designate the zone by a name or number; and it shall specify the
duration and purposes of the zone, not to exceed 10 years from the
beginning of the next ensuing fiscal year in which a special tax levy
may be made in the zone.
   Except as provided in this section, any zone formed under this
section is subject to Chapter 9.5 (commencing with Section 19165).




19166.  A petition asking for the removal of obsolete lights and
their replacement with modern county- or utility-owned lights
pursuant to this chapter may request the board of supervisors to
establish a temporary zone consisting solely of contiguous territory
within the district which will be benefited by the replacement
lights, for the purpose of levying a special tax therein to finance
the  cost of removal of the old lights and installation and temporary
maintenance of the new lights.  The petition shall contain all of
the following:
   (a) A general description of the nature of the proposed
replacement lights, together with a map showing the location thereof.

   (b) An estimate of all costs or charges which will be incurred in
connection with the removal of the old lights and the installation of
the new lights, together with a statement as to the period of time,
not to exceed three years, proposed for the payment of the costs or
charges.
   (c) An estimate of the average monthly cost of maintenance of the
replacement lights.
   (d) A description of the boundaries of the proposed temporary
zone.
   A proposal to form a temporary zone pursuant to this section is
subject to Chapter 3 (commencing with Section 58850) of Title 6 of
Division 2 of the Government Code to the same extent as a proposal to
form a district.


19167.  Upon the presentation of a petition pursuant to this
chapter, the clerk of the board of supervisors shall immediately
refer the same to an appropriate county officer, who shall certify to
the board the number of owners of taxable property within the
boundaries of the district or the proposed zone whose names appear on
said petition, together with the percentage of the total assessed
valuation of all taxable property within the boundaries of the
district or zone, which said signatures represent.



19168.  If the certifying officer certifies that the petition bears
the signatures of owners of taxable property within the district or,
if applicable, the proposed zone representing 60 percent or more of
the total assessed value of all taxable property therein, the
petition shall be filed, and the board of supervisors shall fix a
time for hearing the petition and the protests of interested parties,
and shall cause a notice of the filing of the petition and the time
set for the hearing to be published pursuant to Section 6061 of the
Government Code in a newspaper designated by said board as most
likely to give notice to the inhabitants of the district and, if
applicable, the proposed zone.  If there is no such newspaper, copies
of the notice shall be posted in three conspicuous places in the
territory included in the district or, if applicable, the proposed
zone, for three weeks prior to the date fixed for hearing the
petition.  The notice shall contain the text of said petition, but
the names of the signers of the petition need not be published.
   If the certifying officer's certificate shows that any petition
requesting the establishment of a temporary zone does not bear the
required number of signatures, the request for the formation of a
temporary zone shall be denied, without prejudice to the filing of a
new petition therefor.
   In such event, or if the petition does not request the
establishment of a temporary zone, and the certifying officer's
certificate shows that the petition does not bear the signatures of
owners of taxable property representing 60 percent or more of the
total assessed valuation of all taxable property within the existing
highway lighting district, the petition shall be denied.



19169.  Upon the date fixed for the hearing, or at any time to which
it is continued, the board of supervisors shall, in addition to any
other proceedings required by law, consider the request for formation
of a temporary zone and any objections which may be filed against it
or against the formation of the proposed zone.




19170.  If the board of supervisors determines with respect to a
petition for the replacement of lights filed in conformity with this
chapter, that   (a) It is just and equitable, and in the public
interest, that the obsolete lighting system be replaced as provided
in this chapter and that the proposed temporary zone be formed, and
(b) The petition was signed by resident taxpayers representing 60
percent or more of the total assessed valuation of all taxable
property within the territory proposed to be formed into a zone, the
board shall by resolution, entered in its minutes, fix and describe
the boundaries of the proposed zone in such manner that any territory
which will not be benefited by inclusion therein, or which is not
contiguous thereto, or which is not described in the petition, shall
not be included therein; shall declare the zone established,
designating it by an identifying name or number; and shall specify
the purposes and duration thereof, not to exceed 10 years from the
beginning of the next ensuing fiscal year in which a special tax or
assessment levy may be made in the zone.



19171.  With respect to a petition for the replacement of lights
which includes no request for the establishment of a temporary zone,
if the board of supervisors determines that it will be just and
equitable and in the public interest for the additional cost, if any,
of removing the obsolete lighting system and its replacement with a
modern county- or utility-owned lighting system to be paid by the
district as a whole, the board of supervisors shall immediately
estimate the cost of replacement of the obsolete system and
installation and maintenance of the modern system, and shall include
in the regular tax levy for the first fiscal year in which it is
possible to do so, a tax upon the taxable property within the
district at the equalized value thereof, or an assessment on each
parcel of real property within the district on the basis of the
estimated benefit to the parcel, sufficient to pay such cost of
replacement, installation and maintenance.  After the tax or
assessment levy has been made, the governing body shall proceed with
the replacement of the obsolete system and the installation and
maintenance of the modern system.



19172.  The provisions of Sections 19036 and 19037 apply to
proceedings under this chapter.



19173.  A statement regarding the boundaries of a zone established
pursuant to this chapter shall be filed as provided by Chapter 8,
Part 1, Division 2, Title 5 of the Government Code, together with a
statement as to the period of duration of said zone specified in the
resolution establishing it.



19174.  In order that the obsolete system may be removed and a
modern system installed in its place and maintained immediately after
the action of the board pursuant to Section 19170, the governing
body may authorize the immediate removal of the obsolete system in
the said zone and the installation of the modern system in said zone,
and may contract to pay any costs or charges incurred by reason of
such removal and such installation in equal periodic payments over a
period of not to exceed the period of duration of said zone specified
in the resolution establishing it.



19175.  The board of supervisors may, from time to time, transfer
moneys to the district, for the benefit of the zone, from any
available funds of the county.  Any moneys so transferred are hereby
appropriated, and shall be used, for the payment of any currently
payable expenses incurred by reason of the removal of the obsolete
system and the installation of the modern system proposed for the
zone, and for the cost of maintenance thereof prior to December 1st
of the first fiscal year in which a special tax or assessment may be
levied in and on behalf of the zone.  All costs of maintenance of the
modern system, subsequent to that date, shall be budgeted and
included in the general levy of taxes or assessments, as the case may
be, in and on behalf of the district as a whole.



19176.  The board of supervisors shall, in the first fiscal year in
which a special tax or assessment, as the case may be, may be levied
in and on behalf of the zone, levy a special tax or assessment upon
the taxable property therein for the purposes of the zone, and shall
include in the levy a sum sufficient to repay to the county the
amounts transferred to the district pursuant to Section 19175.  The
amounts so transferred shall be retransferred to the county treasury
from the first available receipts from the special levy in the zone.

   Thereafter, in the succeeding fiscal year or years during which
the temporary zone remains in existence, the board of supervisors
shall levy a special tax or assessment therein sufficient to pay any
additional costs or charges incurred by reason of the removal of the
obsolete system and the installation of the modern system therein,
which may by contract be made payable in such year or years.
   All special taxes or assessments levied in and on behalf of a
zone, pursuant to this section, are in addition to any taxes or
assessments levied therein for and on behalf of the district as a
whole.



19176.1.  Whenever the board of supervisors levies an assessment
authorized by Section 19176, the assessment shall be levied pursuant
to Chapter 6.1 (commencing with Section 54701) of Part 1 of Division
2 of Title 5 of the Government Code.



19177.  A zone shall remain in existence for the period of time
specified in the resolution of the board of supervisors which
established it, and shall thereafter automatically terminate;
provided, there are then no outstanding obligations payable from
special taxes or assessments to be levied in the zone.