PART 4. THE HIGHWAY LIGHTING DISTRICT ACT [19000. - 19328.]

Part 4 added by Stats. 1941, Ch. 79.

§§ 19000–19328 · 120 sections

1. CHAPTER 1. General Provisions §§ 19000–19008 · 9 sections

   • § 19000 This part may be cited as the Highway Lighting District Act.
   • § 19001 This part shall be liberally construed to effectuate its purposes.
   • § 19002 This part provides an alternative system for making the improvements authorized by this part, and this part does not apply to or affect any other provisions of…
   • § 19003 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the…
   • § 19004 “Street lighting system” or “system” includes any system of illumination by means of street lights which are set upon poles or suspended in the air and use…
   • § 19005 “Clerk” or “county clerk” means any person or officer who is or acts as clerk of the board of supervisors of the county.
   • § 19006 “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…
   • § 19007 “Governing body” refers to the board of supervisors of the county acting as the ex officio governing body of the lighting district, unless the context clearly…
   • § 19008 “Public highway” or “highway” includes any highway, county highway, state highway, public street, avenue, alley, park, parkway, driveway, or public place, in…
2. CHAPTER 2. Proceedings for the Formation of the District §§ 19030–19037 · 8 sections

   • § 19030 In accordance with the provisions of this part any unincorporated area in this State may be established as a highway lighting district for the purpose of…
   • § 19031 Proceedings for the formation of a highway lighting district may be instituted by filing, at a regular meeting of the board of supervisors of the county in…
   • § 19032 The petition shall contain the name of the proposed district, a description of its boundaries, and a statement that the provisions of this part shall govern…
   • § 19033 The name of the proposed district shall be in the following form: ____ lighting district (using the name of the district), of ____ County (using the name of…
   • § 19034 Upon the presentation of a petition requesting that the District Investigation Law of 1933 be declared inapplicable to the proceedings, the clerk of the board…
   • § 19035 If the certifying officer certifies that the petition bears the signatures of owners of taxable property within the proposed district, representing 60 percent…
   • § 19036 The county assessment roll last equalized at the time the petition is first presented shall be conclusive evidence as to ownership of taxable property and the…
   • § 19037 The affidavit of the person who circulated and obtained the signatures on the petition, stating that to the best of his knowledge and belief said signatures…
3. CHAPTER 3. Protests and Hearing §§ 19050–19056 · 7 sections

   • § 19050 The board of supervisors shall fix a time, not less than 25 nor more than 30 days after the filing of the petition, for hearing the petition and the protests…
   • § 19051 The clerk shall cause notices of the filing and hearing of the petition to be posted at least seven days before the date set for the hearing in three public…
   • § 19052 The clerk shall also cause a notice, similar in content to the posted notice, to be published at least once a week for two consecutive weeks in a newspaper…
   • § 19053 Any person interested, who objects either to the formation of the district, or to the extent of the district, or to the proposed improvement, or to the…
   • § 19054 The board of supervisors shall hear and pass upon the petition and protests at the time appointed or at any time to which the hearing thereof is adjourned. Its…
   • § 19055 If any person protests against the extent of the district, or against the inclusion of property in the district, the board of supervisors shall have power to…
   • § 19056 In the event that an ordinance requires the installation of a street lighting system by a subdivider, the board of supervisors may, as an alternative…
4. CHAPTER 4. Authority to Proceed §§ 19070–19071 · 2 sections

   • § 19070 If no protests are filed, or if all protests filed are heard and denied or if authorized modifications are made in the boundaries of the proposed district and…
   • § 19071 If the board finds that the petition was signed by taxpayers representing 60 percent or more of the total assessed valuation of all taxable property within the…
5. CHAPTER 5. Calling and Conducting the Election §§ 19090–19094 · 5 sections

   • § 19090 Within 30 days after acquiring jurisdiction to proceed, the board of supervisors shall by resolution order that an election be held in the proposed district to…
   • § 19091 The election shall be called by posting notice thereof in three public places in the proposed lighting district, and by publishing the notice in a daily or…
   • § 19092 The election shall be conducted in accordance with the general election laws of this state, where applicable. The ballots shall contain the words, “For…
   • § 19093 Every registered voter in the jurisdiction shall be entitled to vote at this election.
   • § 19094 The precinct boards shall canvass the votes in accordance with the general laws of this state. The board of supervisors may order the county elections official…
6. CHAPTER 6. Establishing the District §§ 19110–19112 · 3 sections

   • § 19110 If a majority of the votes cast at the election is in favor of a lighting district, the board of supervisors shall by resolution establish the district.
   • § 19111 If a majority of the votes cast are against the lighting district, the board of supervisors shall by order so declare. No other proceedings shall be taken for…
   • § 19112 The fact of the filing of the petition, and the resolution establishing the lighting district, shall be entered in the minutes of the board of supervisors and…
7. CHAPTER 7. Authority of the Governing Body §§ 19130–19132 · 3 sections

   • § 19130 The board of supervisors of the county in which the lighting district has been established shall be ex officio the governing body of the lighting district and…
   • § 19131 The district may sue and be sued.
   • § 19132 The governing body shall: (a) Make all rules, regulations and laws necessary for the administration, operation and maintenance of the highway lighting…
8. CHAPTER 8. Bids and Award of Contracts § 19151 · 1 section

   • § 19151 In granting authority to install the system and in contractng for service the governing body shall impose such restrictions and conditions, and provide for…
9. CHAPTER 9. Installation of Additional Lights §§ 19160–19162 · 4 sections

   • § 19160 Proceedings for the installation and maintenance of additional lights may be instituted by the governing body on its own initiative and shall be instituted by…
   • § 19161 Upon institution of proceedings pursuant to Section 19160, if the governing body determines that it will be just and equitable and in the public interest for…
   • § 19161.1 Whenever the board of supervisors levies an assessment authorized by this chapter for the installation or maintenance of lights, the assessment shall be levied…
   • § 19162 If the governing body determines that it will not be just and equitable, or in the public interest, for the cost of installation and maintenance of said…
10. CHAPTER 9.5. Replacement of Obsolete Lighting System in Existing District §§ 19165–19177 · 15 sections

    • § 19165 Upon the receipt of a petition signed by owners of taxable property representing 60 percent or more of the total assessed valuation of all taxable property…
    • § 19165.1 As an alternative to the petition procedure, the board of supervisors, by a four-fifths vote, may determine that the public safety and convenience require…
    • § 19166 A petition asking for the removal of obsolete lights and their replacement with modern county- or utility-owned lights pursuant to this chapter may request the…
    • § 19167 Upon the presentation of a petition pursuant to this chapter, the clerk of the board of supervisors shall immediately refer the same to an appropriate county…
    • § 19168 If the certifying officer certifies that the petition bears the signatures of owners of taxable property within the district or, if applicable, the proposed…
    • § 19169 Upon the date fixed for the hearing, or at any time to which it is continued, the board of supervisors shall, in addition to any other proceedings required by…
    • § 19170 If the board of supervisors determines with respect to a petition for the replacement of lights filed in conformity with this chapter, that (a) It is just and…
    • § 19171 With respect to a petition for the replacement of lights which includes no request for the establishment of a temporary zone, if the board of supervisors…
    • § 19172 The provisions of Sections 19036 and 19037 apply to proceedings under this chapter.
    • § 19173 A statement regarding the boundaries of a zone established pursuant to this chapter shall be filed as provided by Chapter 8, Part 1, Division 2, Title 5 of the…
    • § 19174 In order that the obsolete system may be removed and a modern system installed in its place and maintained immediately after the action of the board pursuant…
    • § 19175 The board of supervisors may, from time to time, transfer moneys to the district, for the benefit of the zone, from any available funds of the county. Any…
    • § 19176 The board of supervisors shall, in the first fiscal year in which a special tax or assessment, as the case may be, may be levied in and on behalf of the zone,…
    • § 19176.1 Whenever the board of supervisors levies an assessment authorized by Section 19176, the assessment shall be levied pursuant to Chapter 6.1 (commencing with…
    • § 19177 A zone shall remain in existence for the period of time specified in the resolution of the board of supervisors which established it, and shall thereafter…
11. CHAPTER 10. Estimating and Levying the Assessment §§ 19180–19185 · 7 sections

    • § 19180 On or before the first day of September of each year, the governing body shall make an estimate of the cost, not otherwise offset by other available revenue,…
    • § 19180.1 Whenever the board of supervisors levies an assessment authorized by Section 19180, the assessment shall be levied pursuant to Chapter 6.1 (commencing with…
    • § 19181 When the estimate has been made, the board of supervisors of the county shall, at the time of levying county taxes, levy a special tax upon all of the taxable…
    • § 19182 If a district is organized in any year too late for the levy of a tax or assessment in that year or in the next ensuing year, the board of supervisors is…
    • § 19183 If any lights have been maintained by public subscription or by money supplied from the district road funds, within any territory which subsequently becomes a…
    • § 19184 The special tax shall be levied, computed, entered, collected, and enforced at the same time, in the same manner, by the same persons and with the same…
    • § 19185 Pursuant to a resolution adopted by the board of supervisors, a county may lend any available county funds to a district for the replacement of obsolete…
12. CHAPTER 10.5. Claims § 19190 · 1 section

    • § 19190 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
13. CHAPTER 11. Disposition of Funds §§ 19200–19202 · 3 sections

    • § 19200 The revenue derived from the special tax, together with all other moneys acquired by the district, shall be paid into the county treasury to the credit of the…
    • § 19201 Any funds arising from assessments made under this part remaining in the county treasury after the payment of all outstanding legal obligations incurred by the…
    • § 19202 The governing body of any highway lighting district may provide for the establishment of an accumulative capital outlay fund for the replacement of obsolete…
14. CHAPTER 12. Annexation of Territory §§ 19210–19215 · 6 sections

    • § 19210 Territory in the same county whether contiguous or not may be annexed to a highway lighting district. A petition for that purpose may be filed with the board…
    • § 19211 At the first regular meeting after the petition has been filed with it, the board of supervisors shall fix a time for hearing the petition and the protests of…
    • § 19212 Upon the date fixed for the hearing, or at any time to which it is continued, the board of supervisors shall consider the petition, and any objections which…
    • § 19213 Any territory which will not be benefited, by inclusion in the district, or which is not contiguous to the district, or which is not described in the petition,…
    • § 19214 The order of annexation shall be conclusive evidence of the validity of all prior proceedings leading to the annexation recited therein and after the making of…
    • § 19215 If a petition, signed by 15 or more taxpayers and residents of the area sought to be annexed, but less than the number of owners representing one-fourth of the…
15. CHAPTER 13. Withdrawal of Territory §§ 19230–19234 · 5 sections

    • § 19230 Any portion of the territory of a highway lighting district may be withdrawn therefrom. Proceedings for the withdrawal of territory may be instituted by the…
    • § 19231 The board of supervisors shall fix a time and place for the hearing on the motion or the petition and for hearing protests against the continuance of the…
    • § 19232 At least 10 days before the time fixed for the hearing the board of supervisors shall publish a notice of the hearing by one insertion in the newspaper…
    • § 19233 Any person interested may appear at the hearing and object to the withdrawal of territory from the district or may object to the continuance of the remaining…
    • § 19234 Upon the withdrawal of any territory from the district, the remaining territory in the district shall continue as a lighting district until dissolved. No…
16. CHAPTER 14. Dissolution by Petition §§ 19250–19253 · 4 sections

    • § 19250 Proceedings for the dissolution of the district may be instituted by filing with the board of supervisors a petition signed by 50 or more property owners and…
    • § 19251 If a majority of the votes cast at the election held in the district for determination of the question of dissolution are in favor of dissolution, the district…
    • § 19252 Upon the dissolution of the district the title to any property which it may have acquired shall vest in any city which has at that time a considerable portion…
    • § 19253 If at the time of the election to dissolve the district there is any indebtedness of the district outstanding, the vote to dissolve shall dissolve the district…
17. CHAPTER 15. Dissolution by Annexation or Incorporation Proceedings §§ 19270–19274 · 5 sections

    • § 19270 Upon the inclusion of all of the territory embraced in any highway lighting district within one or more incorporated cities, either by annexation proceedings…
    • § 19271 If all of the territory of the district is included within one incorporated city, the money paid into the lighting fund shall be paid to the treasurer of that…
    • § 19272 If all of the territory of the district is included within more than one incorporated city, then such proportionate part of the money paid into the lighting…
    • § 19273 Each city shall be liable for such proportionate part of all the outstanding liabilities of the district incurred prior to its inclusion within the cities as…
    • § 19274 After all of its territory has been included in one or more cities, and the district has been dissolved, upon the expenditure of its funds and the discharge of…
18. CHAPTER 15.5. Dissolution Upon Annexation to Maintenance District or Establishment of a County Service Area, a Community Services District, or a City §§ 19280–19282 · 4 sections

    • § 19280 (a) A district organized under this part may be dissolved by resolution of the board of supervisors if all of the territory in the district has been annexed to…
    • § 19280.5 A district organized under this part may be dissolved by a resolution of the board of supervisors, after a public hearing, where a community services district…
    • § 19281 If the board of supervisors finds that all of the facts set forth in Section 19280 exist, the board may dissolve the district by adopting a resolution which…
    • § 19282 The dissolution shall be effective upon the filing with the State Board of Equalization and the county assessor of a copy of the resolution of the board of…
19. CHAPTER 16. Miscellaneous Provisions §§ 19290–19291 · 2 sections

    • § 19290 Whenever any portion of a district is included within a city by reason of incorporation, annexation, or otherwise, such portion may be withdrawn from the…
    • § 19291 If a portion of the territory embraced in any district has been detached therefrom prior to the twenty-ninth day of July, 1927, either by annexation or…
20. CHAPTER 17. Temporary Zones §§ 19300–19314 · 17 sections

    • § 19300 A petition asking for the installation and maintenance of additional lights pursuant to Chapter 9 of this part may request the board of supervisors to…
    • § 19301 A petition for annexation filed pursuant to Chapter 12 of this part may, in addition to other matters required by that chapter, request that if the territory…
    • § 19302 Upon the presentation of a petition pursuant to this chapter, the clerk of the board of supervisors shall immediately refer the same to an appropriate county…
    • § 19303 If the certifying officer certifies that the petition bears the signatures of the owners of taxable property within the proposed zone representing 60 percent…
    • § 19304 Upon the date fixed for the hearing, or at any time to which it is continued, the board of supervisors shall, in addition to any other proceedings required by…
    • § 19305 If the board of supervisors determines, with respect to a petition for additional lights filed in conformity with this chapter, that (a) It is just and…
    • § 19306 If the board of supervisors determines, with respect to a petition for annexation filed in conformity with this chapter, that (a) The petition for annexation…
    • § 19307 The provisions of Sections 19036 and 19037 apply to proceedings under this chapter.
    • § 19308 A statement regarding the boundaries of a zone established pursuant to this chapter shall be filed as provided by Chapter 8, Part 1, Division 2, Title 5 of the…
    • § 19309 In order that the lights proposed to be installed and maintained in a zone may be installed therein immediately after its formation, the governing body may…
    • § 19310 The board of supervisors may, from time to time, transfer moneys to the district, for the benefit of the zone, from any available funds of the county. Any…
    • § 19310.5 Any area of the district, or of a zone in the district, which is included in a city by annexation or incorporation after a loan has been made shall continue to…
    • § 19311 The board of supervisors shall, in the first fiscal year in which a special tax or assessment, as the case may be, may be levied in and on behalf of the zone,…
    • § 19311.1 (a) The board of supervisors shall not levy assessments pursuant to Section 19311 unless it has adopted an ordinance to do so. The board of supervisors shall…
    • § 19312 A zone shall remain in existence for the period of time specified in the resolution of the board of supervisors which established it, and shall thereafter…
    • § 19313 Where the board of supervisors or legislative body has so declared in its resolution of intention to order the formation of a lighting district or any…
    • § 19314 If a highway lighting district is divided into tax assessment zones, the board of supervisors or legislative body may determine what portion of the amount of…
21. CHAPTER 18. Consolidation §§ 19320–19328 · 9 sections

    • § 19320 At any time after the establishment of two or more districts in any county, the board of supervisors may determine that any two or more of such districts which…
    • § 19321 The board shall fix a time and place for hearing the matter of consolidation of the districts and shall direct its clerk to publish a notice once a week for…
    • § 19322 The notice shall be headed “Notice of the proposed consolidation of ____ Highway Lighting District and ____ Highway Lighting District,” stating the names of…
    • § 19323 The notice shall state that it is proposed to consolidate into one district all of the territory within the named districts.
    • § 19324 At the time and place fixed for hearing or at any time to which the hearing may be continued, the board shall hear any person objecting to the consolidation.
    • § 19325 At the conclusion of the hearing the board may refuse to consolidate any of the districts or it may order the consolidation of any or all of the districts…
    • § 19326 If the board determines to consolidate any of the districts it shall so declare by resolution stating the name by which the consolidated district shall be…
    • § 19327 The district resulting from the consolidation of two or more districts shall become liable for all outstanding liabilities of the districts consolidated.
    • § 19328 Notwithstanding any other provision of law, the district resulting from the consolidation of two or more districts shall assume all of the assets of the…