2007 California Streets and Highways Code Chapter 3. Resolution Of Intention

CA Codes (shc:5130-5136)

5130.  Before ordering any work to be done under this division the
legislative body shall require, except as provided hereunder, the
engineer to furnish it with plans and specifications therefor
together with careful estimates of the costs and expenses of such
work.
   In a county having a population of 4,000,000 or over an owner or
owners of lots or lands liable to be assessed for work may engage a
registered civil engineer, registered pursuant to Chapter 7, Division
3 of the Business and Professions Code, to prepare the plans for any
work to be done under this division.  The legislative body may
purchase said plans for use in proceedings under this division and
may establish rules, regulations and procedures to be followed by
registered civil engineers engaged by owners in preparing plans,
submitting them to and obtaining their approval by the engineer and
for the time, manner and determination of the amount to be paid for
such plans; provided, however, that the amount paid for plans shall
not exceed 8% of the engineer's estimate of the cost of work shown on
the plans and that no payment shall be made for any plans which have
not been approved by the engineer.  The amount paid for any plans
and any fee required to be paid, pursuant to the aforesaid rules and
regulations, may be paid out of the city treasury and shall be
charged against the district as an incidental expense.



5131.  Before ordering any work done which is authorized by this
division, the legislative body shall pass a resolution of intention
to do so, referring to the street by its lawful or official name, or
the name by which it is commonly known.  If the work is not to be
done upon a public street or public way, then by briefly describing
the property or right of way on which it is to be constructed, and
briefly describing the work.



5132.  The resolution of intention shall be sufficient if it states
in general terms the class or kinds of work contemplated, such as
grading, paving, sewering and other work, and gives in general the
location of the proposed work and refers to plans, profiles, detailed
drawings and specifications or such of them as may be suitable or
proper for the full and detailed description of the proposed work,
and if it refers to any agreement entered into pursuant to Section
5103.  The resolution of intention shall contain also a notice of the
day, hour, and place of the public hearing where any and all persons
having any objections to the proposed work or work and acquisition
may appear before the legislative body and show cause why the
proposed work or work and acquisition should not be carried out in
accordance with the resolution of intention.
   The notice shall also contain the name and telephone number of a
local department or agency designated by the legislative body to
answer inquiries regarding the hearing proceedings.  That notice
shall be omitted if the hearing of objections is not required as
provided hereunder.  The hearing of objections shall not be less than
45 days from the date of the passage of the resolution.



5132.1.  In the event that the proceedings include any acquisition
and the actual cost of the acquisition as finally determined is less
than the amount included in the assessment as the cost of such
acquisition, such excess may be spent as the legislative body may
thereafter determine, either for the maintenance or repair of the
work or improvement, or such excess shall be refunded or credited in
proportion to the amount of the assessments that were levied for such
acquisition cost, as follows:
   (a) Where the assessment and all installments thereof and all
interest and penalties due thereon have been paid, such refund shall
be returned in cash to the person who paid the corresponding
assessment or installment, upon his furnishing satisfactory evidence
of such payment.
   (b) Where the assessment or any installment thereof is unpaid, the
credit shall be applied upon such assessment or upon the earliest
unpaid installment of principal and interest.
   In the event the legislative body determines that such excess
shall be used for maintenance or repair, the legislative body shall
establish a separate fund of such excess and shall use the same
solely for said purpose.


5132.1.  In addition to the notice included in the resolution of
intention, the legislative body shall give notice by mail to the
record owner of each identified parcel prior to levying a new or
increased assessment, or an existing assessment that is subject to
the procedures and approval process set forth in Section 4 of Article
XIII D of the California Constitution.  Each such notice shall
comply with the provisions of subdivision (b) of Section 53753 of the
Government Code.



5132.2.  Each notice sent pursuant to Section 5132.1 shall contain
an assessment ballot that includes that legislative body's address
for receipt of the form and a place where the person returning the
assessment ballot may indicate his or her name, a reasonable
identification of the parcel, and his or her support or opposition to
the proposed assessment.  The form of the assessment ballot shall
comply with the provisions of subdivision (c) of Section 53753 of the
Government Code.



5132.3.  At the time, date, and place stated in the notice mailed
pursuant to Section 5132.1, the legislative body shall conduct a
public hearing upon the proposed assessment in accordance with the
provisions of subdivision (d) of Section 53753 of the Government
Code.  At the conclusion of the public hearing, the legislative body
shall tabulate the assessment ballots submitted and not withdrawn, in
accordance with the provisions of subdivision (e) of Section 53753
of the Government Code.  If there is a majority protest against the
imposition of a new assessment, or the extension of an existing
assessment, or an increase in an existing assessment, the legislative
body shall not impose, extend, or increase the assessment.




5132.4.  If the legislative body has complied with the notice,
protest, and hearing provisions set forth in this article, or if the
legislative body is not required to comply with those requirements
because the assessment is exempt from the procedures and approval
process set forth in Section 4 of Article XIIID of the California
Constitution, then those requirements shall not apply in subsequent
fiscal years unless the assessment methodology is changed to increase
the assessment, or the amount of that assessment is proposed to
exceed an assessment formula or range of assessments adopted by an
agency in accordance with Article XIIID of the California
Constitution or Section 53753 of the Government Code.



5133.  The clerk shall cause the resolution of intention to be
published. The first publication shall be made not less than 10 days
prior to the date of public hearing stated in said resolution.  If
the hearing of objections is not required, the first publication
shall be within 10 days after the date of passage of the resolution.




5134.  The legislative body may include in one proceeding, under one
resolution of intention and in one contract, any of the different
kinds of work mentioned in this division on any number of streets,
properties and rights of way or portions thereof, contiguous or
otherwise, and it may except therefrom any such work which has
already been done.



5135.  The legislative body may elect to agree to purchase, and
purchase, out of the general funds of the city or any other funds
eligible for such purpose, an assignment of the warrant, assessment
and diagram upon delivery thereof to the contractor, pursuant to
Section 5375, at the option of the contractor.  Any such purchase
shall be at the total amount of the several assessments upon the
assessment and diagram attached to the warrant.  Any such election to
purchase an assignment of the warrant, assessment and diagram by the
city shall be stated in the resolution of intention and in the
invitation for bids.  Upon the purchase of such an assignment of the
warrant, assessment and diagram by the city, the city shall succeed
to all rights and liens of the contractor to collect and to enforce
the payment of the assessments and all bonds issued to represent said
assessments.



5135.5.  When the contractor, at the time of execution of the
contract, exercises his option to assign the warrant, assessment, and
diagram to the legislative body, payments of installments may be
made in the manner provided under the provisions of Section 5374.1
for installment payment of contributions.



5136.  As an alternative procedure for the doing of work authorized
by this division, the legislative body may pass a resolution of
intention to do such work containing a provision that the work shall
be done if any local, state or national agency or authority accepts
the proposed work as a project for which a contribution of labor, or
labor and any portion of materials, supplies or equipment will be
made by such agency or authority.  Under such alternative procedure
the work to be done by the contractor shall consist of furnishing any
or all of the materials, supplies or equipment necessary for the
construction of the improvement.  When this alternative procedure is
adopted, the resolution of intention shall so state and shall recite
what contribution is to be made and by whom.  The resolution of
intention shall also state what work shall be done by the contractor.
  In all other particulars, the resolution of intention shall be the
same as any resolution of intention adopted pursuant to this chapter.