reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18393.

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 the last contract year under the proceedings, and for the latter purpose such surplus may be permitted to accumulate in the assessment fund. Such reductions shall be made as nearly as possible to the zones or subdivided zones from which such surplus assessments were collected.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18394.

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 are started within one year after the close of the last contract year, such surplus shall be applied toward a reduction of the first installment of the new assessment. Such part of the surplus as was collected from each zone or subdivided zone shall be applied to reduce the installment levied against that zone or subdivided zone.
(b) If new proceedings are not started within the one-year period or if one or more zones or subdivided zones are omitted for any reason from the new proceedings any such surplus shall become and remain a part of the general funds of the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18395.

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, educational, penal or reform institution, or facility for the housing of persons with developmental or intellectual disabilities or mental health disorders and being in use in the performance of a public function abuts the public streets in which street lighting systems are located and are to be improved under the proceedings, the city council may, by resolution adopted prior to the levy of an installment assessment, declare that the lots or parcels of land or any of them shall be omitted from the installment assessments thereafter to be levied to cover the costs and expenses of the improvement.
(Amended by Stats. 2014, Ch. 144, Sec. 54. (AB 1847) Effective January 1, 2015.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18396.

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 assessed on the remaining lots or parcels of land lying within such zones or subdivisions of zones as the city shall direct in the resolution, without regard to such omitted lots or parcels of land.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18397.

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 assessment or if no declaration is made respecting such lots or parcels of land, or any of them, the city shall be liable for such sums as may thereafter be assessed against such lots or parcels of land, which sums shall be payable by the city out of the general fund unless the city council shall in the resolution designate another fund.
Any such sums which may be assessed against any such lots or parcels of land shall not be payable by the city when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18398.

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 30 days after the city council has acquired jurisdiction to confirm the report and assessment and any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of such judgment.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18399.

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 city council to the tax collector.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18400.

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 thereto his certificate of the date of such recording. Such record shall become a part of the assessment roll upon which other taxes of the city are entered and shall be collected at the same time, in the same manner and by the same officer as in the case of other city taxes.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18401.

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 provided by law, a certified copy of the diagram and assessment shall be filed with the county auditor on or before the tenth day of August. In each such diagram and assessment so filed with the county auditor, the descriptions of the properties reported shall be the descriptions used for the same properties on the map books of the county assessor for the then current year. The county auditor shall enter the amounts of the respective assessments on the county tax roll opposite the respective parcels of land and thereafter the amounts shall be collected at the same time and in the same manner as county taxes are collected and all laws applicable to the levy, collection and enforcement of county taxes shall be and are hereby made applicable to such special assessment taxes.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18402.

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 the proceeding. The special fund shall be used only for paying the costs and expenses of the improvement described in the resolution ordering the work, including the cost of all posting and publication provided for in this part and any other incidental expenses connected with the proceeding. The city council may at any time advance to such special fund out of any available funds in the city treasury, sums in excess of the amount to be paid by the city toward the cost of such improvement and may reimburse the city for such advances by repaying the amount thereof out of any money that thereafter comes into such special fund.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18403.

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. Such lien shall continue and be enforced in the same manner and with the same penalties as other taxes of the city are continued and enforced.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18404.

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 provided by law, cities and counties may enter into an agreement whereby special assessments may be collected at the same time and in the same manner as county taxes are collected and all laws applicable to the levy, collection and enforcement of county taxes shall be and are hereby made applicable to such special assessments. The amount of the compensation to be paid a county for the collection of such assessments shall be provided for in the agreement.
(Added by Stats. 1957, Ch. 1101.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 5 - Levying and Collecting the Assessment › Section 18405.

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 special assessment liens which may thereafter be created against the property. A supplemental assessment is a new assessment.
(Added by Stats. 1963, Ch. 1465.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 2 - THE STREET LIGHTING ACT OF 1931 › CHAPTER 7 - City Furnishing Maintenance and Service › Section 18440.

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 an alternative procedure to that provided in Chapter 6 of this part. The city council by resolution may direct the superintendent of streets, instead of calling for bids and entering into a contract, to issue an interdepartmental purchase order for the improvement of the street lighting system upon such terms as may be agreed upon between the street superintendent and the public utility board or commission. Such purchase order shall not be effective until it is approved by the city council. The interdepartmental purchase order shall state the date on which the improvement shall be started and that it shall continue in force for a period of one year from the effective date thereof.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18600.

18600. This part may be cited as the Municipal Lighting Maintenance District Act of 1927.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18601.

18601. This part shall be liberally construed in order to effectuate its purposes.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18602.

18602. This part provides an alternative system for the maintenance and operation of a street lighting system within cities, and the provisions of this part shall not apply to nor affect any other provisions of this code. When any proceedings are commenced under this part, the provisions of this part and no others shall apply to all such proceedings.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18603.

18603. Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the construction of this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18605.

18605. “Street lighting system” or “system” includes any or all appliances, poles, posts, pipes, conduits, lamps and other necessary works or appliances used for street lighting purposes.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18606.

18606. “Maintaining and operating” or any of its variants, when used with relation to a street lighting system, includes the cost of necessary repairs, replacements, fuel, power and all other items necessary for the proper maintenance and operation of a street lighting system, or the expense of any one or more of those items.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18607.

18607. “City council” includes any body which by law is the legislative department of the government of the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18608.

18608. “Clerk” or “city clerk” means any person or officer who is or acts as clerk of the city council.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 1 - General Provisions › Section 18609.

18609. “Public way” includes all public highways, roads, streets, avenues, boulevards, alleys, parkways and other rights of way of the public, or any portion thereof, within a city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 2 - Authority to Create the District › Section 18630.

18630. Whenever the public interest or convenience may require, the city council of any city in which a street lighting system has been installed may order that the expenses of maintaining and operating the system be assessed, either partly or wholly, upon lands in the city lying within a district which will be benefited by such maintenance and operation.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 2 - Authority to Create the District › Section 18631.

18631. The lands which will be benefited by, and which are to be assessed for, the maintenance and operation of the system shall form and be known as a lighting maintenance district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 2 - Authority to Create the District › Section 18632.

18632. Any number of public ways and one or more street lighting systems may be included in one district, but the district, the public ways and the street lighting systems must lie entirely within the city whose city council forms the district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 2 - Authority to Create the District › Section 18633.

18633. Before forming any district or ordering any part of the expenses of the maintenance and operation of any street lighting system to be assessed upon the lands within a district formed under the provisions of this part, the city council shall adopt a resolution of intention so to do.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18660.

18660. Before adopting a resolution of intention, the city council shall order the city engineer to prepare and file with it a report containing substantially the following matters:
(a) A statement of the public ways or portions thereof to be lighted.
(b) A general description of the lighting systems to be maintained and operated.
(c) A statement of the general items of maintenance and operation proposed to be furnished the systems. Such items may include electric power, gas, repairs, replacements, and any other items necessary for the proper maintenance and operation of the systems.
(d) A statement of the estimated cost of maintenance and operation for the first year and an estimate of the amount of electric power necessary for the operation of the system each year.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18661.

18661. The city council shall order the engineer to prepare and file with the report a map or plat of the district to be benefited by the maintenance and operation and which is to be assessed to pay the expenses thereof. The map or plat shall also show the public ways to be lighted under the proceedings and the approximate location of the lights to be maintained and operated thereon.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18662.

18662. The report and map shall be presented to the city council and examined by it and either the report or map, or both, may be modified by the city council at any time prior to the adoption of the resolution of intention. When the report and map are finally approved by the city council, they shall be filed with the clerk.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18663.

18663. The resolution of intention shall contain:
(a) A statement of the public ways to be lighted.
(b) A general description of the lighting systems to be maintained and operated.
(c) A statement of the general items of expense of maintenance and operation proposed to be furnished for the street lighting systems, the cost of which is to be assessed in whole or in part against the lands within the district. Those items may include electric power, gas, repairs, replacements, and any other items necessary for the proper maintenance of the street lighting systems.
(d) A statement of the estimated cost of all other items of maintenance and operation to be furnished the systems in the district for the first year; in addition, a separate estimate of the amount of gas or electric power necessary for the systems each year.
(e) A general description of the boundaries of the district to be benefited by and to be assessed to pay the costs of the maintenance and operation.
(f) A statement of the length of time, which shall not exceed five years from the date of the formation of the district, that the maintenance and operation shall be furnished for the systems.
(g) Notice of a public meeting and public hearing shall be given pursuant to Section 54954.6 of the Government Code. All persons having any interest in lands within the district liable to be assessed for the expenses of the maintenance and operation may be heard at the public meeting and the public hearing and any of these persons may present any objections that they may have by written protest filed with the clerk at or before the time set for the hearing.
(h) If assessments are to be levied, the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code.
(Amended by Stats. 2000, Ch. 262, Sec. 47. Effective January 1, 2001.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18664.

18664. The city council may order in the resolution of intention that a certain percentage of the costs of such maintenance and operation shall be paid out of the treasury of the city from such fund as the city council may designate.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18665.

18665. The resolution shall refer to the map or plat on file with the clerk for the boundaries of the district to be assessed, the public ways to be lighted and the approximate location of the lights thereon.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 3 - Preliminary Report and Resolution of Intention › Section 18666.

18666. After the passage of the resolution of intention, the clerk shall publish it by at least two insertions in a daily or weekly newspaper of general circulation designated by the city council for that purpose. Copies of the resolution headed “Notice of formation of lighting maintenance district” in letters not less than one inch in height, and signed by the clerk shall be posted by the superintendent of streets not more than 300 feet apart, and not less than three in all, along all open streets within the district. The first posting of notice and the first publication of the resolution of intention shall each be at least 20 days before the date set for the hearing of protests.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 4 - Protest and Hearing › Section 18690.

18690. At the time and place fixed for the hearing of protests or at any time to which the hearing is adjourned, the city council shall hear the evidence introduced in support of the protests. At the hearing the city council may modify the provisions for the maintenance and operation as stated in the resolution of intention by omitting one or more of the items stated therein, and may modify the boundaries of the district, but any land not within the district as described in the resolution of intention may not be included therein. The city council may change the percentage of the total maintenance and operation cost to be paid by the city and by the district; but the percentage to be paid by the district shall not be increased without further notice being given and a hearing being held in the same manner as notice was given and a hearing held on the original resolution of intention.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 4 - Protest and Hearing › Section 18691.

18691. The city council may, by four-fifths vote, deny all protests finding that the public health and safety require that the improvements be made and its decision thereon shall be final and conclusive. If any protests on matters which can not be modified as provided in Section 18690 hereof are sustained, the proceedings shall be abandoned but may be renewed at any time. No land shall be included within the district which in the judgment of the city council will not be benefited by the street lighting system as that body has finally determined to maintain and operate it.
(Amended by Stats. 1994, Ch. 860, Sec. 7. Effective January 1, 1995.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 4 - Protest and Hearing › Section 18692.

18692. If no protests are filed or if all protests filed are heard and denied, or if any of the authorized modifications are made and the city council after hearing evidence on the question of benefits, determines that the territory within the finally established boundaries of the district will be benefited by the maintenance and operation finally determined upon, then the city council shall have jurisdiction to proceed.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 5 - The Final Resolution › Section 18710.

18710. The city council may, by final resolution, order the district formed. The final resolution shall:
(a) Describe the boundaries of the district as finally established.
(b) List the items of maintenance and operation agreed to be furnished, and their estimated cost for the first year, and order that those items be furnished from time to time as necessary.
(c) Order that the percentage of the total expenses of the maintenance and operation to be paid by the district shall be paid by special assessment taxes levied upon all the lands, exclusive of improvements, within the district.
(d) Specify the percentages of the total expenses of maintenance and operation to be paid by the district and by the city respectively.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 5 - The Final Resolution › Section 18711.

18711. A certified copy of the final resolution shall be filed with the assessor who makes the assessment for general city taxes. Thereafter the assessor in making up the city assessment roll shall segregate the property included within the district on the assessment roll under the district designation contained in the resolution.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 6 - Levying and Collecting the Assessment › Section 18730.

18730. Each year during the existence of the district and at least 30 days prior to the making of the general tax levy for city purposes, the city engineer shall furnish to the city council an estimate of the expenses for the next year of the items of maintenance and operation provided for in the final resolution. The first year the engineer shall not make an estimate but the estimate in the final resolution shall be used. The city council shall at the time of making the next general tax levy in the city and in the manner provided for the general tax levy, levy a special assessment tax upon all the lands, exclusive of improvements, within the district which will be sufficient to raise that percentage of the total sum required in the estimate which is to be raised from the district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 6 - Levying and Collecting the Assessment › Section 18731.

18731. 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 same penalties and priority of lien as other taxes for city purposes and when collected shall be paid into the city treasury to the credit of the fund of the district and shall be used only for the payment of the expenses of the district.
(Amended by Stats. 1963, Ch. 1465.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 6 - Levying and Collecting the Assessment › Section 18732.

18732. The city council shall control and order the expenditure of the funds of the district for the purposes of maintenance and operation as provided in the final resolution. If at the expiration of any year there is an unexpended balance in the district fund, the balance shall, to that extent, reduce the fund to be raised from the district for the next year. Any balance remaining in the fund at the end of the term for which the district is formed shall be used to help furnish electric current for the systems maintained and operated from the funds raised in whole or in part from the district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 6 - Levying and Collecting the Assessment › Section 18733.

18733. Each year at the time of making the special assessment tax levy the city council shall appropriate from the fund designated in the resolution of intention or from any other available fund a sum sufficient to pay that percentage of the total expenses of the maintenance and operation which is to be paid by the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 6 - Levying and Collecting the Assessment › Section 18734.

18734. 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 the yearly expenses of the maintenance and operation which is to be paid from funds raised from the district. The amount of money so transferred shall be deemed a loan to the district fund and shall be repaid to the general fund from the first money thereafter coming into the district fund from taxes levied upon lands within the district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 8 - Miscellaneous Provisions › Section 18780.

18780. The sole acts necessary to confer jurisdiction upon the city council to order the formation of a district under the provisions of this part and the furnishing of maintenance and operation for street lighting systems therein shall consist of the adoption of a resolution of intention and the publication of the same in accordance with the provisions of this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 3 - THE MUNICIPAL LIGHTING MAINTENANCE DISTRICT ACT OF 1927 › CHAPTER 8 - Miscellaneous Provisions › Section 18781.

18781. No error, defect, irregularity, informality, neglect or omission of any officer of any city in any proceeding taken under the provisions of this part, which does not affect the jurisdiction of the governing body to order the formation of a district shall avoid or invalidate the proceedings.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19002.

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 this code. When any proceedings are commenced under this part, the provisions of this part and no others apply to the proceedings.
(Added by Stats. 1986, Ch. 195, Sec. 165.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19003.

19003. Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the construction of this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19004.

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 gas, electricity or any other feasible means of illumination.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19005.

19005. “Clerk” or “county clerk” means any person or officer who is or acts as clerk of the board of supervisors of the county.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19006.

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 street lighting system.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19007.

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 indicates otherwise.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 1 - General Provisions › Section 19008.

19008. “Public highway” or “highway” includes any highway, county highway, state highway, public street, avenue, alley, park, parkway, driveway, or public place, in any county, or unincorporated town or village which is dedicated to the public and generally used for traffic by the public or which is privately owned, opened to public traffic, and located within the boundaries of a district created under this part.
(Amended by Stats. 1978, Ch. 529.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19030.

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 installing and maintaining a street lighting system on public highways within the district for the better protection of the public traveling thereon.
(Amended by Stats. 1963, Ch. 146.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19031.

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 which the proposed district to be benefited thereby is situated, a petition signed by 15 or more taxpayers thereof or by the owners of taxable property representing 60 percent or more of the total assessed valuation of all taxable property within the proposed district.
(Amended by Stats. 1957, Ch. 1720.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19032.

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 the proceeding.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19033.

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 the county in which the district is situated), and if the district is established it shall be thereafter designated by that name.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19034.

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 of supervisors shall immediately refer the same to an appropriate county officer, who shall certify to the board the number of owners of taxable property within the boundaries of the proposed district whose names appear on said petition, together with the percentage of the total assessed valuation of all taxable property within the boundaries of the proposed district, which said signatures represent.
(Added by Stats. 1953, Ch. 1704.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19035.

19035. If the certifying officer certifies that the petition bears the signatures of owners of taxable property within the proposed district, representing 60 percent or more of the total assessed valuation of all taxable property therein, the board of supervisors may determine and order, by a four-fifths vote, that the proceedings required by the District Investigation Law of 1933 are unnecessary and that said law shall not apply. The petition shall thereupon be filed without an accompanying bond or other undertaking. If said determination and order is made, the notice of hearing on the petition shall so state.
(Added by Stats. 1953, Ch. 1704.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19036.

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 assessed value thereof.
(Added by Stats. 1953, Ch. 1704.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 2 - Proceedings for the Formation of the District › Section 19037.

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 are genuine and are the signatures of taxpayers within the proposed district, shall be prima facie evidence of the facts recited.
(Amended by Stats. 1963, Ch. 146.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19050.

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 of interested persons.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19051.

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 places in the district. The notice shall be headed “Notice of the proposed formation of ____ (insert name of the proposed lighting district) lighting district” in letters not less than one inch in height and in legible type it shall:
(a) State the fact and date of the filing of the petition.
(b) Specify the date and hour set for hearing the petition and the protests of interested parties.
(c) Specify the boundaries of the proposed district.
(d) Refer to the petition for further particulars.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19052.

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 selected by the board of supervisors which is of general circulation and is printed and published in the county in which the proposed district is located. The last publication shall be made at least seven days before the date set for the hearing of the petition.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19053.

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 inclusion of his property in the district, may file a written protest, setting forth his objections, with the clerk at or before the time set for the hearing of the petition. The clerk shall indorse on each protest the date of its filing with him, and at the time appointed for the hearing he shall present all protests so filed with him to the board of supervisors.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19054.

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 decision thereon shall be final and conclusive.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19055.

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 make such changes in the boundaries of the proposed district as it finds to be proper and advisable. The board of supervisors shall establish the boundaries of the district in accordance with its findings, but it shall not extend the boundaries of the district, nor shall it modify the boundaries so as to exclude from the proposed district any territory which will be benefited by the improvement. Any territory which in the judgment of the board will not be benefited by the improvement shall not be included within the proposed district.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 3 - Protests and Hearing › Section 19056.

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 procedure, adopt a resolution stating that the territory described in the resolution is owned by the subdivider and comes under the terms of such ordinance, and order that such territory be formed into a district or annexed to a district. If this procedure is used, the provisions of this part relating to petition, notice, hearing, election, and the District Investigation Law of 1933 shall not be applicable.
(Added by Stats. 1967, Ch. 348.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 4 - Authority to Proceed › Section 19070.

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 the boundaries finally established, the board of supervisors shall have jurisdiction to proceed.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 4 - Authority to Proceed › Section 19071.

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 territory therein proposed to be formed into a district, and within the boundaries thereof as finally established by the board, and that public interest and convenience do not require that an election be held upon the proposed formation of said district, it may proceed to establish the district by resolution. The provisions of Section 19112 shall apply to a district formed pursuant to this section.
(Amended by Stats. 1957, Ch. 1720.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 5 - Calling and Conducting the Election › Section 19090.

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 determine whether or not the district shall be formed. The board may establish one or more voting precincts within the district and appoint one inspector, one judge, and two clerks residing in the district for each voting precinct to conduct the election, which shall be held on the next established election date not less than 130 days after the date of the resolution ordering it to be held.
(Amended by Stats. 2002, Ch. 221, Sec. 131. Effective January 1, 2003.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 5 - Calling and Conducting the Election › Section 19091.

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 weekly newspaper, published and circulated in the district, if there is one, at least once a week for not less than 15 days. The notices shall specify the time, place and purposes of the election, give the boundaries of the proposed lighting district, and the hours during which the polls will be kept open. The polls shall be open the same hours as provided at general elections.
(Amended by Stats. 1951, Ch. 757.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 14 - STREET LIGHTING › PART 4 - THE HIGHWAY LIGHTING DISTRICT ACT › CHAPTER 5 - Calling and Conducting the Election › Section 19092.

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 lighting district,” and “Against lighting district,” and the voter shall mark his or her ballot in the space provided for that purpose, in accordance with the general election laws of this state.
(Amended by Stats. 2002, Ch. 221, Sec. 132. Effective January 1, 2003.)