2820-2830

STREETS AND HIGHWAYS CODE
SECTION 2820-2830




2820.  Before any ordinance or resolution may be adopted by the
legislative body of any county, city, district or other public
corporation, ordering the construction of any public improvement or
the acquisition of any property for public use where the cost of such
construction or acquisition is to be paid in whole or in part by
special assessments or through special assessment taxes upon lands,
the proceedings required by this division shall be taken.



2821.  The legislative body shall by resolution or ordinance
determine in general the nature, location and extent of such proposed
improvement or acquisition. Reference may be made to one or more
plans, specifications or plats for such descriptions and for all
particulars relative thereto, which plans, specifications or plats
shall be on file with the clerk of the legislative body and open to
inspection.



2822.  The legislative body shall also generally define the
boundaries or extent of the district or lands to be specially
assessed to pay all or any part of the cost of the proposed
improvement or acquisition.
   The district may be described by:
   (a) Stating the exterior boundaries thereof, or
   (b) Giving a description thereof according to any official or
recorded map or maps, or
   (c) Referring to a plat or map on file in the office of the clerk
of the legislative body which shall indicate by a boundary line the
territory to be included in the assessment district, and which shall
govern for all details as to the extent of the district.




2823.  The legislative body shall also determine the amount or
percentage, if any, proposed to be paid toward the cost of such
improvement or acquisition from any source other than special
assessments upon benefited property, and shall determine the law
under which the proceedings are to be conducted.



2824.  The legislative body shall cause a written report upon the
proposed improvement or acquisition to be prepared for it. The
legislative body of a county may require the county surveyor or the
county road commissioner to procure the required information and
prepare the report, and the legislative body of a city may require
the city engineer or the superintendent of streets to procure the
required information and prepare the report. In lieu of the county
surveyor, county road commissioner, city engineer or superintendent
of streets, the legislative body of the city or county may employ any
competent person to procure such information and prepare the report.
The person required to prepare the report shall complete and file
the same with the legislative body within one year from the date such
person is directed to prepare the report.



2825.  The report on the proposed improvement or acquisition shall
contain all of the following information:
   (a) A map, plat, or diagram showing the general nature, location,
and extent of the proposed improvement or acquisition and the lands
to be assessed to pay any part of the cost thereof.
   (b) The total estimated cost of the proposed improvement, stating
separately the estimated cost of each class of construction proposed,
such as grading, paving, curbing, and the like, and including the
incidental expenses of the proceedings, the total amount of which
shall also be separately stated, as well as any cost of registering
bonds.
   (c) The total estimated cost, including the incidental expenses of
the proceedings and any cost of registering bonds, the total amount
of which shall also be separately stated, of the proposed
acquisition.
   If the acquisition of property for more than one purpose is
involved, and any of the purposes will require the acquisition of
property or rights in property for which compensation is required to
be made, which property or rights would not be required if that
purpose were omitted, the estimated cost of the property or rights
acquired for that purpose shall be separately stated.
   (d) The true value of the parcels to be assessed calculated in
accordance with Part 8 (commencing with Section 2980).
   (e) The true value of each parcel to be assessed calculated in
accordance with Part 8 (commencing with Section 2980).
   (f) The amount, as near as may be determined, of the total
principal sum of all unpaid special assessments and special
assessments required or proposed to be levied under any completed or
pending assessment proceedings, other than that contemplated in the
instant proceedings, whether direct or ad valorem, upon each parcel
proposed to be assessed, which would require an investigation and
report under this division.
   (g) The estimated amount of the assessment for the proposed
acquisition or improvement to be levied upon each parcel to be
assessed. If the district is to be divided into zones, the proposed
zones and the percentage to be assessed against each zone shall be
shown on the district map and the estimated assessment shall be
proportioned, as nearly as may be, according to the zones and
percentages.
   (h) The number of years within which the bonds, if any, to be
issued shall mature, and the number of installments of the principal
of the bonds, and the interest rate or maximum interest rate at which
the bonds shall be issued if no definite interest rate is to be
fixed until the bonds are sold.



2826.  A copy of the resolution or ordinance adopted pursuant to
Section 2821 shall be attached to the report.



2827.  The assessments required to be set forth in the report shall
be deemed to be estimates only and the final assessments levied under
any street improvement law may differ therefrom in amount. The final
assessments shall be subject to the limitations imposed by this
division and shall be levied in accordance with the street
improvement law designated and shall be subject to objection only in
the manner provided in that street improvement law.



2828.  The person preparing the report shall appear at the hearing
on the report and give all information concerning it to all
interested property owners and to the legislative body.



2829.  The legislative body may by order or resolution abandon the
proposed acquisition or improvement during the preparation of the
report or at any time thereafter until, but not after, the award of
contract for the acquisition or improvement.




2830.  When the report has been approved by the legislative body,
the fact and date of such approval shall be indorsed thereon, and the
report shall be filed with the clerk of the legislative body.