2900-2905

STREETS AND HIGHWAYS CODE
SECTION 2900-2905




2900.  If the report on the proposed acquisition or improvement
shows that the estimated amount proposed to be assessed upon any
parcel for the proposed acquisition or improvement will exceed
one-half of the true value of the parcel as set forth in the report,
or shows that the total estimated cost of the proposed improvement or
acquisition, less any amount to be paid towards the cost from any
source other than special assessments upon the parcels benefited by
the acquisition or improvement, when added to the aggregate totals of
all unpaid assessments and estimated assessments, as the totals are
stated in the report, will exceed in total amount one-half of the
true value of all the parcels proposed to be assessed, the proposed
proceeding shall be abandoned or modified so that the amount to be
specially assessed for the cost of the acquisition or improvement
will be less than the limits hereby established, unless the excess of
the cost and indebtedness over one-half of the true value shall be
paid from some source other than by special assessment on the
parcels, or unless the limitation is overruled.



2901.  If the total cost of any improvement, including incidental
expenses but excluding the actual cost of the acquisition of any
property, exceeds the total estimated cost including incidental
expenses, as stated in the report and the separate estimate for
changes, if any, in the things to be done as filed with the clerk, by
more than one-tenth of such estimated cost, no part of the excess
over said one-tenth shall be assessed upon the lands to be assessed
in the proceeding.



2902.  If the total cost including incidental expenses of any
acquisition or improvement, less any amount to be paid toward the
cost from any source other than special assessment upon the parcels
benefited thereby, when added to the aggregate totals of all
assessments and estimated assessments as stated in the report,
exceeds in total amount one-half of the total true value stated in
the report of all the parcels to be assessed to pay any part of the
cost of the acquisition or improvement, no part of the excess shall
be assessed upon the parcels.


2903.  If the estimated or actual cost including incidental expenses
of any acquisition or improvement exceeds the amounts that may be
specially assessed upon benefited property, the legislative body may
provide for the payment of such excess cost from any available funds
under its control and the balance shall then be specially assessed in
accordance with the statute under which the proceeding is conducted.




2904.  Whenever an improvement contract has been awarded, the county
or city or district or other public corporation, the legislative
body of which is conducting the proceeding, shall, if the actual cost
of the improvement, including incidental expenses, exceeds the
amount that may be specially assessed upon benefited property, pay
such excess cost from the general or any fund available and the
balance shall be specially assessed under the statute under which the
proceeding is conducted.
   If the property to be specially assessed is within the
jurisdiction of more than one legislative body and consents to such
proceeding have been given by all the legislative bodies having
jurisdiction, any such legislative body whose consent has been so
given may appropriate all or any part of such excess cost from any
available funds under its control, and may pay the amount so
appropriated into the treasury of the county or city or district or
other public corporation whose legislative body has jurisdiction over
the proceeding to be applied in payment of such excess.



2905.  Notwithstanding anything in this division, if the legislative
body conducting the proceedings, after the report or reports
provided for in this division have been filed and considered and
prior to the adoption of the ordinance or resolution ordering the
acquisition or improvement, finds by a four-fifths vote of all
members thereof entered upon its minutes that the proposed project is
feasible and that the lands to be assessed will be able to carry the
burden of such proposed assessment, the limitations on the amounts
of assessments provided for in this part may be disregarded, both
with respect to the limitation on the district as a whole and as to
the limitation on individual specific assessments. If the legislative
body makes such a finding none of the limitations upon the amounts
of assessments contained in this division shall thereafter apply to
any assessment or assessment proceedings thereafter had or taken.
However, if at the hearing on the report protests in writing are
filed as provided in Section 2856 by the owners (as defined in the
law under which the acquisition or improvement proceedings are to be
taken) of a majority in area of the lands to be assessed, such
limitations shall not be exceeded except as to proceedings had under
Section 2932. A finding and determination by the legislative body
that the limitation on assessments herein provided may be disregarded
shall be final and conclusive upon all persons in the absence of
actual fraud.