22655-22663

STREETS AND HIGHWAYS CODE
SECTION 22655-22663




22655.  Upon receipt of moneys representing assessments collected by
the county, the treasurer shall deposit the moneys in the treasury
of the local agency to the credit of an improvement fund for the
assessment district from which they were collected, and the moneys
shall be expended only for the improvements authorized for such
district.



22656.  If there is a surplus or a deficit in the improvement fund
of an assessment district at the end of any fiscal year, the surplus
or deficit shall be carried forward to the next annual assessment to
be levied within such district and applied as a credit or a debit, as
the case may be, against such assessment.


22657.  If there is a deficit in the improvement fund of an
assessment district during any fiscal year, the legislative body,
from any available and unencumbered funds of the local agency, may
provide for:
   (a) A contribution to the improvement fund.
   (b) A temporary advance to the improvement fund and direct that
the advance be repaid from the next annual assessments levied and
collected within the assessment district.



22658.  The legislative body may accept contributions from any
source toward payment of improvement costs. The legislative body, at
any time either before or after the confirmation of the assessment,
may provide for contributions towards payment of improvement costs
from the funds of the local agency. All contributions shall be
deposited in the improvement fund of the assessment district for
which the contribution was provided.



22659.  All contributions authorized prior to confirmation of an
assessment shall be deducted from the total improvement costs to be
assessed within the assessment district.



22660.  (a) The legislative body may, by resolution, determine that
the estimated cost of any of the proposed improvements described in
subdivisions (a) to (d), inclusive, of Section 22525 is greater than
can be conveniently raised from a single annual assessment and order
that the estimated cost shall be raised by an assessment levied and
collected in installments over a period not to exceed five fiscal
years.
   (b) The legislative body may, by resolution, determine that the
estimated cost of the proposed improvements described in Section
22525 is greater than can be conveniently raised from a single annual
assessment and order that the estimated cost of those improvements,
other than the costs of maintenance and servicing, be raised by an
assessment levied and collected in installments over a period not to
exceed 30 years.
   (c) The resolution adopted pursuant to subdivision (a) or (b)
shall generally describe the proposed improvements, set forth the
estimated cost thereof, specify the number of annual installments and
the fiscal years during which they are to be collected, and fix or
determine the maximum amount of each annual installment.



22661.  After adoption of a resolution providing for annual
installment assessments, the engineer, in preparing reports required
by Article 4 (commencing with Section 22565) of Chapter 1 of this
part, shall include in the estimate and the assessment for each
fiscal year specified in the resolution the total amount of the
annual installment fixed or determined for such year.



22662.  If a resolution providing for annual installment payments
has been adopted, in the resolution or subsequent thereto, the
legislative body may do any or a combination of the following:
   (a)  Provide for the accumulation of the moneys collected from the
annual installments in the improvement fund until there is
sufficient moneys to pay all or part of the cost of the improvements
described in the resolution.
   (b)  Provide for a temporary advance to the improvement fund from
any available and unencumbered funds of the local agency to pay all
or part of the cost of the improvements described in the resolution
and direct that the advance be repaid from the annual installments
levied and collected during the fiscal years designated in the
resolution.
   (c) Borrow an amount necessary to finance the estimated cost of
the proposed improvements. The amount borrowed, except for the amount
borrowed pursuant to Section 22662.5, shall not exceed the amount of
revenue estimated to be raised from the annual assessments levied
over five fiscal years.



22662.5.  (a) The legislative body of any local agency may, by
resolution, determine and declare that bonds shall be issued to
finance the estimated cost of the proposed improvements described in
Section 22525, other than the costs of maintenance and servicing,
under either the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) or the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500)). Either Part 5 (commencing with
Section 6400) of Division 7 or Division 10 (commencing with Section
8500), as the case may be, shall govern all proceedings relating to
the issuance of those bonds. The pertinent provisions of that
division which apply to the legislative body of a city shall also
apply to the legislative body of a special district formed to provide
park and recreational services. Alternatively, the legislative body
may determine and declare that notes shall be issued for the same
purposes for which bonds may be issued. The maximum term to maturity
of any notes issued shall not exceed 10 years.
   (b) The resolution shall generally describe the proposed
improvements specified in Section 22525, set forth the estimated cost
thereof, specify the number of annual installments and the fiscal
years during which they are to be collected, and fix or determine the
maximum amount of each annual installment necessary to retire the
bonds or notes. The amount of debt service to retire the bonds shall
not exceed the amount of revenue estimated to be raised from
assessments over 30 years. The amount of debt service to retire the
notes shall not exceed the amount of revenue to be raised from the
assessments over 10 years.
   (c) Notwithstanding any other provision of this part, assessments
levied to pay the principal of, and interest on, any bond or note
issued pursuant to this section, shall not be reduced or terminated
if doing so would interfere with the timely retirement of the debt.




22663.  Public property owned by any public agency and in use in the
performance of a public function shall not be subject to assessment
under this part unless the resolution of intention expressly provides
that it shall be assessed. If the resolution provides that public
property shall be assessed, the local agency conducting the
proceedings shall be liable for payment of all amounts so assessed.
Any such amounts shall be payable from the general fund of the local
agency unless the resolution of intention designates some other fund.
To the extent that any such amounts are paid by the public agency
owning the public property, the local agency conducting the
proceedings shall not be liable therefor.