PART 2. THE STREET LIGHTING ACT OF 1931 [18300. - 18440.]

Part 2 added by Stats. 1941, Ch. 79.

§§ 18300–18440 · 45 sections

1. CHAPTER 1. General Provisions §§ 18300–18313 · 14 sections

   • § 18300 This part may be cited as the Street Lighting Act of 1931.
   • § 18301 This part shall be liberally construed in order to effectuate its purposes.
   • § 18302 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…
   • § 18303 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the…
   • § 18304 “Street lighting system” or “system” includes any or all appliances, poles, posts, electroliers, transformers, lighting units, lamps, cables, wires, pipes,…
   • § 18305 “Service,” and any of its variants, means the electrical current or energy or other illuminating agent used to light a street lighting system.
   • § 18306 “Maintenance” means the repair, replacement, inspection, cleaning or painting of the posts and standards and the equipment attached to or used in connection…
   • § 18307 “Improvement,” and any of its variants, includes the maintenance or servicing, or both, of all or part of any one or more street lighting systems.
   • § 18308 “Contract year” means a period of 12 months.
   • § 18309 “Installment assessment” means the amount levied by the city council for the first or any subsequent contract year to create a fund with which to pay for the…
   • § 18310 “Clerk” or “city clerk” means any person or officer who is or acts as clerk of the city council.
   • § 18311 “Street” includes alleys and other public places.
   • § 18312 “City” includes all corporations organized and existing for municipal purposes.
   • § 18313 “City council” includes any body which by law is the legislative department of the government of the city.
2. CHAPTER 2. Authority to Maintain and Service §§ 18320–18325 · 6 sections

   • § 18320 Whenever in the opinion of the city council the public interest or convenience may require, that body may: (a) Order any street lighting system to be…
   • § 18321 The improvement shall be for a period to commence at a time to be fixed by the city council but not exceeding five years from the date of commencement thereof.
   • § 18322 The provisions of this part shall not be limited to the improvement of street lighting systems owned only by the city, but the city council may also order such…
   • § 18323 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…
   • § 18324 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…
   • § 18325 If land has been assessed pursuant to Section 18324, the city council may proceed in all respects in connection therewith as though the street lighting system…
3. CHAPTER 3. Report and Resolution of Intention §§ 18340–18343 · 4 sections

   • § 18340 The city council shall, prior to the adoption of the resolution of intention to order any improvement to be made, require the superintendent of streets to make…
   • § 18341 Upon the filing of the report, the clerk shall present it to the city council for consideration at its next regular meeting, and that body may correct or…
   • § 18342 When the report has been approved, the city council shall adopt a resolution of intention to order the improvement to be made. The resolution shall: (a)…
   • § 18343 (a) The city council shall cause notice to be mailed and set the time and date for a public meeting and public hearing pursuant to Section 54954.6 of the…
4. CHAPTER 4. Protest and Hearing §§ 18362–18366 · 4 sections

   • § 18362 (a) At any time not later than the hour set for hearing protests any owner of any lot or parcel of land liable to be assessed for the improvement may make…
   • § 18364 If there is a majority protest by the landowners in any zone to the improvement in that zone, or if the street superintendent reports that it is practical to…
   • § 18365 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…
   • § 18366 Immediately upon the city council’s determination it shall have jurisdiction to confirm the report and assessment, and order the proposed improvement to be…
5. CHAPTER 5. Levying and Collecting the Assessment §§ 18390–18405 · 16 sections

   • § 18390 The city council shall thereafter levy an assessment upon each lot and parcel of land for the first contract year for the amount estimated to be necessary to…
   • § 18391 The city council may order by resolution that any part or amount of the next installment of the estimated cost and expense of any improvement be paid out of…
   • § 18392 Whenever a part of the next installment of the estimated cost and expense is to be paid by the city, the superintendent of streets, in making up the…
   • § 18393 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…
   • § 18394 If there is any suplus remaining at the close of the last contract year under any proceedings, such surplus shall be used as follows: (a) If new proceedings…
   • § 18395 Whenever a lot or parcel of land belonging to the United States or to the state, or to a county, city, public agent, mandatory of the government, school board,…
   • § 18396 If the lots or parcels of land, or any of them, are so omitted from any installment assessment then the total cost and expense of the improvement shall be…
   • § 18397 If in such resolution the city council declares that the lots or parcels of land owned as provided in Section 18395 shall be included in an installment…
   • § 18398 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…
   • § 18399 Upon the levying of an installment assessment the city clerk shall transmit the diagram and assessment and any modifications or corrections thereof made by the…
   • § 18400 Upon the receipt of the diagram and installment assessment the tax collector shall record them in a suitable book to be kept for that purpose and append…
   • § 18401 Where the duties of assessing property and collecting city taxes are performed for the city by the county assessor and the county tax collector, in the manner…
   • § 18402 All sums collected on account of such assessment shall be placed in the city treasury to the credit of a special fund, which shall be designated by the name of…
   • § 18403 When the diagram and installment assessment are recorded, the several amounts assessed shall be a lien upon the lots or parcels of land assessed, respectively.…
   • § 18404 Where the duties of assessing property and collecting city taxes are performed for a city by the county assessor and the county tax collector in a manner…
   • § 18405 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…
6. CHAPTER 7. City Furnishing Maintenance and Service § 18440 · 1 section

   • § 18440 If the city owns or operates or owns and operates a public utility capable of furnishing the improvement provided for in this part, this section may be used as…