PART 1. THE STREET LIGHTING ACT OF 1919 [18000. - 18193.]

Part 1 added by Stats. 1941, Ch. 79.

§§ 18000–18193 · 81 sections

1. CHAPTER 1. General Provisions §§ 18000–18014 · 16 sections

   • § 18000 This part may be cited as the Street Lighting Act of 1919.
   • § 18001 Unless the particular provision or the context otherwise requires, the definitions and general provisions obtained in this chapter shall govern the…
   • § 18002 This part shall be liberally construed in order to effectuate its purposes.
   • § 18003 This part provides an alternative system for making the improvements authorized by this part and the provisions of this part shall not apply to or affect any…
   • § 18004 “Street lighting system” and “system” include any or all appliances, poles, posts, electroliers, transformers, lighting units, lamps, cables, wires, pipes,…
   • § 18004.5 “Street,” and any of its variants, mean and include highways, state highways, roads, avenues, boulevards, alleys, parkways and other public places and ways…
   • § 18005 “Tax collector” and “city tax collector” mean the city officer, board or employee designated as such by the city council in the resolution levying the…
   • § 18006 “Service,” and any of its variants, means and includes the furnishing of electric current or energy, gas, or other illuminating agent to all or part of any…
   • § 18007 “Improvement,” and any of its variants, include the maintenance or servicing, or both, of all or part of any one or more street lighting systems and, where…
   • § 18007.5 “Maintenance,” and any of its variants, as used in this part includes the replacement of any obsolete equipment with the new modern equipment necessary for an…
   • § 18008 “Assessment district” means the territory to be benefited by the proposed improvement and to be assessed to pay the costs and expenses thereof.
   • § 18009 “Clerk” and “city clerk” mean any person or officer who is or acts as clerk of the city council.
   • § 18010 “Treasurer” and “city treasurer” include any person or officer who has charge of and makes payment of city funds.
   • § 18011 “City” includes all corporations organized and existing for municipal purposes.
   • § 18012 “City Council” and “council” include any body which by law is the legislative department of the government of the city.
   • § 18014 If lots or parcels of land belonging to the United States, to this state, or to a county, city, public agency, mandatory of the government, school board,…
2. CHAPTER 2. Authority to Maintain and Service §§ 18030–18034 · 5 sections

   • § 18030 Whenever in the opinion of the city council of any city the public interest or convenience may require, that body may do one or more of the following: (a)…
   • § 18031 The city shall not be limited by the provisions of this part to the maintenance or servicing of street lighting systems, or any part thereof, owned only by the…
   • § 18032 If there is more than one street lighting system in any city any or all of such systems may be consolidated and improved under one proceeding. In such case the…
   • § 18033 Whenever a street lighting system is installed along a boundary line or street of any city, the city council may, by resolution, assess the land abutting upon…
   • § 18034 If land has been assessed pursuant to Section 18033, the city council may proceed in all respects in connection therewith as though the street lighting system…
3. CHAPTER 3. The Preliminary Report §§ 18040–18042 · 3 sections

   • § 18040 The city council shall, prior to the passage of the resolution of intention, order the board, commission or officer of the city having charge and control of…
   • § 18041 Such report shall contain the following: (a) Plans and specifications which shall set out, among other things, the general type of street lighting system in…
   • § 18042 When the report is filed with him the clerk shall present it to the city council for consideration, and that body may modify it in any respect, and in case of…
4. CHAPTER 4. The Resolution of Intention §§ 18060–18062 · 3 sections

   • § 18060 After the report is considered by it, the city council may pass a resolution of intention to order the improvement.
   • § 18061 The resolution of intention: (a) Shall briefly describe the proposed improvement. (b) Shall describe, in writing or by reference to the diagram referred to in…
   • § 18062 The city council shall, in the resolution of intention, provide that the improvement of the street lighting system shall be for a period of time stated in the…
5. CHAPTER 5. Protest and Hearing §§ 18070–18077 · 5 sections

   • § 18070 (a) After the adoption of the resolution of intention, the city council shall direct the clerk to give notice and set the time and date for a public meeting…
   • § 18074 (a) Any person interested who objects to the proposed improvement may file a written protest, stating his or her objections, with the clerk at or before the…
   • § 18075 The city council shall hear, consider, and pass upon the protests against the proposed improvement at the time appointed, or at any time to which the hearings…
   • § 18076 If there is a majority protest by the landowners in any zone to the improvement in that zone, or if the officer or person designated reports that it is…
   • § 18077 If a zone or subdivided zone is struck from the proceedings, the city council may proceed the same as though that zone or subdivided zone was not a part of the…
6. CHAPTER 5.5. Annexation of Additional Lands §§ 18080–18084 · 5 sections

   • § 18080 Whenever in the opinion of the city council of any city the public interest or convenience may require that body to order the improvement of any street…
   • § 18081 The procedures applicable to such annexation and the lands so annexed shall, except as otherwise in this chapter expressly provided, be the same as those…
   • § 18082 The improvement of the street lighting system within the lands so annexed shall be for a period of time not longer than that fixed for the improvement ordered…
   • § 18083 The term of the contract to be let for making the improvement within the lands so annexed shall be for such period of time as will cause such contract to…
   • § 18084 In the event that an ordinance requires the installation of a street lighting system by a subdivider, the resolution of intention may state that the territory…
7. CHAPTER 6. Levying and Collecting the Assessment §§ 18090–18099 · 11 sections

   • § 18090 After acquiring jurisdiction to proceed with the improvement, the city council shall levy the assessment for the portion or percentage required to pay for the…
   • § 18091 Such report shall contain: (a) An estimate of the cost and expense of the improvement for the ensuing 12-month period or the ensuing fiscal year. (b) A diagram…
   • § 18092 Any surplus assessments collected shall be applied by the city council to reduce the assessment to be levied either for the next ensuing contract year or for…
   • § 18092.1 If there is any surplus remaining at the close of the last contract year under any proceedings, such surplus shall be used as follows: (a) If new proceedings…
   • § 18093 If for any reason there is a deficiency in the funds derived from the assessment for any improvement, including all incidental expenses thereof, the city…
   • § 18094 Upon the levying of any assessment, the city clerk shall transmit the diagram and assessment upon which such levy is based, or a certified copy of said diagram…
   • § 18095 The validity of any assessment levied under this part shall not be contested in any action or proceeding unless such action or proceeding is commenced within…
   • § 18096 Upon the receipt of the diagram and assessment or a certified copy thereof, the tax collector shall record them in a suitable book to be kept for that purpose,…
   • § 18097 The tax collector shall, upon the recording of such diagram and assessment, give notice by publication for five days in a daily newspaper, published and…
   • § 18098 When payment of any assessment is made, the tax collector shall mark opposite such assessment the word “paid,” with the date of the payment thereof, and shall…
   • § 18099 The lien shall be subordinate to all fixed special assessment liens previously imposed upon the same property, but it shall have priority over all fixed…
8. CHAPTER 7. Sale and Redemption of Delinquent Property §§ 18120–18131 · 12 sections

   • § 18120 The tax collector shall, within 30 days after the date of delinquency, begin the publication of a notice of sale of the land upon which the assessments have…
   • § 18121 The notice of sale so published shall contain a description sufficient to identify each lot or parcel of land delinquent, and opposite each description the…
   • § 18122 At any time after such delinquency and prior to the sale of any lots or parcels of land assessed and delinquent, any person may pay the assessment thereon,…
   • § 18123 At the time and place fixed in the notice of sale the tax collector shall proceed with such sale, commencing at the head of the list of lands contained in such…
   • § 18124 The tax collector shall issue for each sale an original and duplicate certificate of sale, referring to the proceedings, describing the lot or parcel of land…
   • § 18125 At any time after the date of sale and prior to the issuance and delivery of a deed to the land sold, any land sold under the provisions of this chapter may be…
   • § 18126 The redemption money shall be paid by the tax collector to the person holding the original certificate of sale upon his delivering up such certificate and…
   • § 18127 At any time after the expiration of 12 months from the date of sale, the tax collector shall execute to the purchaser, or his assignee, on his application, if…
   • § 18128 The purchaser or his assignee shall, at least 30 days before he applies for a deed, serve upon the owner of the land, and upon the occupant of the land if it…
   • § 18129 If the owner can not be found, after due diligence, the notice shall be posted in a conspicuous place upon the land at least 30 days before the date stated…
   • § 18130 If redemption of the land is made after such affidavit is filed, and more than 11 months from the date of sale, the person making such redemption shall pay, in…
   • § 18131 The deed of the tax collector shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the…
9. CHAPTER 8. Alternative Procedure for Installment Assessments §§ 18150–18155 · 6 sections

   • § 18150 The procedure in this chapter shall be an alternative procedure to that provided in other sections of this part, and the city council may use this procedure or…
   • § 18151 When the assessment has been adopted and confirmed, as provided in Section 18075, the city clerk shall transmit the report, diagram and assessment, or a…
   • § 18152 Assessments coming due under this procedure in any year during the period of time stated in the resolution of intention shall be payable in annual or…
   • § 18153 The city may be the purchaser at any delinquent sale under this chapter in like manner as it may become the purchaser of property sold for delinquent general…
   • § 18154 When the city becomes the purchaser the land shall not again be sold for any succeeding delinquent assessment, penalties and interest until it has been…
   • § 18155 If the procedure provided for in this chapter is adopted and the duties of assessing property and collecting city taxes are performed for the city by the…
10. CHAPTER 8.5. Alternative Procedure for Levying and Collecting Assessments on ad Valorem Basis §§ 18160–18169 · 10 sections

    • § 18160 The procedure in this chapter shall be an alternative procedure for levying and collecting assessments, and the city council may by resolution determine, in…
    • § 18161 In the event that the city council shall determine to follow the procedure provided in this chapter with respect to the organization of the district, the…
    • § 18162 In the event that the city council shall determine to follow the procedure provided in this chapter with respect to the organization of the district, the…
    • § 18163 A certified copy of the resolution ordering the proposed improvement and the map or plat of the district referred to in Section 18161 shall be filed with each…
    • § 18164 Each year during the period of time for which the improvement is to continue, and not less than 30 days prior to the making of the general tax levy for city…
    • § 18165 The city council shall, at the time of making the next general tax levy and in the manner provided for the general tax levy, levy a special assessment tax upon…
    • § 18166 Each year, at the time of making the special assessment tax levy, the city council shall appropriate from the fund designated in the resolution ordering the…
    • § 18167 The city council may also transfer from the general fund of the city to the fund of the district sufficient money to pay all or any part of the percentage of…
    • § 18168 The special assessment tax shall be levied, computed, entered, collected and enforced at the same time, in the same manner, by the same persons and with the…
    • § 18169 If for any reason there is a deficiency in the funds derived from the assessment for any improvement, including all incidental expenses thereof, the city…
11. CHAPTER 9. Bids and Awards of Contract § 18170 · 1 section

    • § 18170 At any time after the transmission of the diagram and assessment to the city tax collector or city auditor, the city council may let the contract for making…
12. CHAPTER 10. Miscellaneous Provisions §§ 18190–18193 · 4 sections

    • § 18190 The money collected by the tax collector shall be paid by him, as fast as collected, to the city treasurer, who shall place it in a special fund designated by…
    • § 18191 The city council may adopt a resolution declaring its intention to abandon an assessment district or any portion thereof, describing the area to be abandoned…
    • § 18192 The city council may reinstitute any such abandoned assessment district or abandoned portion of such assessment district as a separate district, either…
    • § 18193 Upon such entire or partial abandonment, all money collected for any improvements which have not been made, which money has not been paid therefor, shall be…