CHAPTER 1. Community Facilities Law of 1911

Heading of Chapter 1 amended by Stats. 1970, Ch. 420.

§§ 4600–4650 · 55 sections

1. ARTICLE 1. Definitions and General Provisions §§ 4600–4603 · 9 sections

   • § 4600 This chapter shall be known as the Community Facilities Law of 1911.
   • § 4601 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 4602 “City” means the city in which the district is located. If a district is not entirely within the boundaries of a single city, “city” means the initiating city.
   • § 4602.1 “District” means any district which is formed pursuant to this chapter or pursuant to any law which it supersedes.
   • § 4602.2 “Governing body” means the city council or other legislative body of the city.
   • § 4602.3 “Initiating city” means the city whose governing body initiated the proceeding for the formation of a district which is not entirely within the boundaries of a…
   • § 4602.4 Improvement means any or all of the following: (a) The acquisition or construction of sanitary sewers of all types, including, but not limited to, outfall,…
   • § 4602.5 In cities within a county of the 20th class, as defined in Section 28041 of the Government Code, improvement shall also mean the acquisition, construction,…
   • § 4603 This chapter does not affect any other law under which improvements may be made within or by any city but it provides an alternate system of proceedings for…
2. ARTICLE 2. Formation §§ 4605–4613 · 10 sections

   • § 4605 The governing body of any city may create an improvement district within the city pursuant to this chapter whenever in its judgment the district is necessary…
   • § 4606 A district may be formed to make any improvement and to provide for the incurring of indebtedness to pay for the costs and expenses of such improvement.
   • § 4607 Whenever the governing body of a city determines that the public interest or convenience requires the making of any improvement in any part of the territory of…
   • § 4609 The resolution shall do all of the following: (a) Describe the boundaries of the proposed district. The district may consist of two or more noncontiguous…
   • § 4610 The resolution, together with the names of the members of the governing body voting for and against it shall be published once a week for at least two…
   • § 4610.5 Copies of the resolution shall also be posted in three public places within the proposed district not earlier than the 60th day or later than the 30th day…
   • § 4611 On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider all written and oral objections…
   • § 4611.5 At the hearing, the governing body may add territory to the district if the owners of all of the land in the territory which is proposed to be added to the…
   • § 4612 After making all necessary and proper changes in the boundaries, or in the improvement, the governing body may, by a resolution which is passed by a vote of…
   • § 4613 A certified copy of the resolution which establishes the district shall be recorded in the office of the county recorder. Certified copies of such resolution,…
3. ARTICLE 2a. Formation of Districts in Two or More Municipal Corporations and Also in Unincorporated Territory §§ 4614.1–4614.15 · 8 sections

   • § 4614.1 Districts may be formed pursuant to this article for the purpose of making any improvement which will be of benefit to territory partially within the…
   • § 4614.2 Any city may initiate proceedings for the formation of a district and the making of improvements pursuant to this article whenever the governing body of such…
   • § 4614.3 If the proposed district includes any part of any other incorporated city, the governing body of the initiating city shall file with the governing body of each…
   • § 4614.4 If any part of the district includes any unincorporated territory of the county, the governing body of the initiating city shall file with the board of…
   • § 4614.5 Whenever the governing body of each city which is included in whole or in part within the district which is to be organized, and the board of supervisors if…
   • § 4614.11 Upon the formation of any district pursuant to this article, the district shall be governed by and under the jurisdiction of the governing body of the…
   • § 4614.13 If bonds are authorized and are issued or are expected to be issued on behalf of any district which is organized pursuant to this article, the governing body…
   • § 4614.15 This chapter does not prevent two or more cities or the board of supervisors of any county from entering into co-operation agreements for the joint…
4. ARTICLE 3. Issuance of Bonds §§ 4615–4625 · 13 sections

   • § 4615 At any meeting after the passage and recording of the resolution establishing the district, the governing body may, by a resolution passed by a vote of…
   • § 4616 The resolution calling the special election shall do all of the following: (a) Describe the boundaries of the district as finally determined and refer to the…
   • § 4617 In all particulars not recited in this chapter or in the resolution, the election shall be held as is provided by law for holding general elections in the…
   • § 4618 The maximum rate of interest to be paid on the bonded indebtedness shall be 8 percent per annum, and shall be payable semiannually. The first interest payable…
   • § 4619 The resolution calling the election shall be published once a week for two successive weeks prior to the date set for the election in a newspaper of general…
   • § 4620 If two-thirds of the votes cast upon the measure are in favor of the issuance of the bonds, the bonds may be issued and the indebtedness incurred. If less than…
   • § 4621 All bonds issued under this chapter shall be issued in the name of the city in which the district has been formed, or in the name of the initiating city, as…
   • § 4622 The bonds shall be issued in any denominations which the governing body may determine. The bonds shall be signed by the mayor, or by such other officer of the…
   • § 4623 The governing body may issue and sell the bonds at not less than their par value. The proceeds of the sale shall be placed in the city treasury to the credit…
   • § 4623.1 (a) When the purposes and objects specified in any measure incurring bonded indebtedness submitted at any special election called for that purpose have been…
   • § 4623.5 Before selling the bonds, or any part of the bonds, the governing body shall give notice inviting sealed bids in such manner and for such time as the governing…
   • § 4624 An action to determine the validity of bonds issued pursuant to this chapter may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part…
   • § 4625 In determining the amount of bonds to be issued, the legislative body may include all of the following: (a) All costs and expenses and estimated costs and…
5. ARTICLE 3.5. Performance of Work § 4636 · 1 section

   • § 4636 The governing body of each city in which an improvement is being made or acquired pursuant to this chapter may make all necessary rules and regulations for…
6. ARTICLE 4. Taxation and Finances §§ 4638–4640.6 · 4 sections

   • § 4638 Until the bonds are paid, or until there is a sum in the city treasury set aside for the purpose, sufficient to meet all sums coming due for the principal and…
   • § 4639 The taxes required to be levied and collected by Section 4638 shall be in addition to all other taxes levied for city purposes and in addition to the taxes…
   • § 4639.5 Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to bonds issued pursuant to this chapter, except that the…
   • § 4640.6 The governing body of a city may, by a two-thirds vote, require the owners of property within a district to pay a reasonable fee for connecting to any sanitary…
7. ARTICLE 5. Annexation §§ 4641–4648 · 9 sections

   • § 4641 Territory which is either within or without the boundaries of the city and which is not within the boundaries of any other improvement district formed pursuant…
   • § 4641.5 Territory which is outside the boundaries of the city, or the initiating city, as the case may be, shall not be annexed unless the governing body of the city…
   • § 4642 Whenever the governing body of the city determines and finds that additional territory will be benefited by annexation to the district, it may pass a…
   • § 4643 The resolution shall be passed by a vote of two-thirds of all the members of the governing body of the city.
   • § 4644 The resolution shall do all of the following: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an…
   • § 4645 The resolution, together with the names of the members of the governing body voting for and against it, shall be published, posted, and mailed as provided in…
   • § 4646 On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider any objections presented to the…
   • § 4647 After making all necessary and proper changes in the boundaries, the governing body may, by a resolution passed by a two-thirds vote of all its members order…
   • § 4648 Upon the recordation of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to all the benefits…
8. ARTICLE 6. Withdrawal § 4650 · 1 section

   • § 4650 Territory within the Atherton Channel Drainage District may be withdrawn from such district pursuant to Division 1 (commencing with Section 56000) of Title 6…