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Agenda Report - February 3, 1982 (50)
CITY COUNCIL MEETING FEBRUARY 3, 1982 lY REWEST FOR SIDE- VVUK INSTALLATICN ON SUNSET DRIVE P� < Following introduction of the matter, and a lengthy discussion, Council on motion of Councilman 1bghes, Pinkerton second, contimied consideration of the request to require sidewalk t i1 Jon on romtilar 17, -till pCC installation tuyler the provisions of Uie State of California Streets and highways Code. DECLARATION OF MAILING On January 19, 1982 In the City of Lodi, San Joaqu1i I deposited in the United States Mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "^"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 19, 19__12 at Lodi, California. ALICE M. REIMCHE City Clerk ,Rirrra..n.. .. A CITY CO N Exhibit A U Cil JAMES A MCCARTY, Mavor ROBERT G MURPHY. Mavor Pro Tern RICHARD E HUGHES WALTER KATNICH JAMES W PINKERTON, ►r HENRY A CLAVES. Ir C rtv Manager CI'T'Y OF LO D I ALICE M RE INICHE Clty Clerk ITY HAM. 221 WEST PINE STREET POST OEEICE BOX 120 RONALD M S11 IN LO'DI. CALIFORNIA 95241 Crty Attornev (209)334-5634 January 19, 1982 Subject: Request to Require Sidewalk Installations on Sunset Drive Dear Property Owner: Please be advised that the Request to Require Sidewalk Installation on Sunset Drive was continued to the February 3, 1982 regular meeting of the City Council. The meeting will commence at 8:00 p.m. and will be held in the Council Chambers at 221 West Pine Street, Lodi. Should you have any questions regarding this matter, please do not hesitate to call. Very truly yours, &xw OJt - &Wz/J Alice M. Reimche City Clerk AMR: 7J Gottlieb Bader 306 S. Sunset Dr. Exhibit B !Jodi, CA 952401 Harold Duncan 310 S. Sunset Dr. Lodi, CA 95240 Caroline 11o1c o 316 S. Sunset Dr. Lodi, CA 95240 Helen A. Cox 320 S. Sunset Dr. Lodi, CA 95240 Betty Anne Smith 338 S. Sunset Dr. Lodi, CA 95240 Musa Husein Mashni 348 S. Sunset Dr. Eodi, CA 95240 Raymond L. Evans 356 S. Sunset Dr. Lodi, CA 95240 Tony Gowns 319 S. Sunset Dr. Lodi, CA 95240 Bill Stemler 1200 W. Lodi Avenue Lodi, CA 95240 , MEMOrAANDUM, City of Lodi, Public Works Department TO: City Manager FROM: Public Works Director DATE: December 31, 1981 SUBJECT:_ Z .,1:.�1 C,'.9 _,,;la::. 0� At the Council meeting of December 9, 1981, a letter from Mr. Earl Johnson of 305 South Sunset Drive was read as correspondence. This letter requested the City to require installation of the deficient sidewalk on the east side of Sunset Drive south of Lodi Avenue. For your information, and the information of the City Council, 1 have compiled the following information that relates to the history of the deficient sidewalk on Sunset Drive and the City's adopted program for sidewalk installation: 1. Letter from Mr. Earl H. Johnson of 305 S. Sunset Drive, dated November 17, 1981 2. Council meeting minutes of August 5, 1953. 3. Letter of August 14, 1953, to Mr. Hariie M. Amburn specifying requirements for annexation. 4. Council meeting minutes of September 2, 1953• 5. Letter from Mr. Glaves dated June 23, 1954, to the Sunset Drive property owners specifying the requirements under which the area was annexed. 6. Letter from Mr. Graves dated August 5, 1954, to the Sunset Drive property owners specifying costs of installation. 7. Pant City Council minutes related to City's proposed sidewalk Installation program. 8. Resolution No. 3278 expressing the City's intent to accomplish sidewalk installation in all those areas where sidewalks do not now exist. 9. Memo from Public Works Director dated March 19, 1969, explain - Ing the procedures for the City requiring sidewalk installation, Chapter 27 of the Streets and Highway Code. As directed under Resolution No. 3278, the City has installed sidewalk fronting ail City -owned properties within the City Limits except for the following parcels: 1. Salas Park - Curb, Gutter and Sidewalk is now budgeted and will be installed by summer 1982• 2. C-1 Basin - Sidewalk on Beckman Road will be installed with the final development and completion of this drainage basin. 3. G (south) Drainage Basin Parcel and Storm Drain Pumping Station Parcel on Cluff A,.-anue - Sidewalk will be installed with the development of these parcels. E City Manager December 31, 1981 Page 2 4. Scenic Overlook (SOL) Parcel - Sidewalk to be installed with parcel develor;n,, nt or of parcel (old Sportsman Cl is of this pro;.->rty, 5. Lower Sacramento North access to Lodi Lake Park - This 20 -foot frontage will be installed with the development of the westerly Lodi Lake property. All developed City parcels have sidewalk. It is hopeful that this will provide the Council with sufficient informatlon to take action on the request of Mr. Earl Johnson. Sufficient copies for distribution to the City Council, Administration and the City Attorney are attached. 4c. L ack L. Ronsko Public Works Director Attachments JLR/eeh _ __...... .. _.__.._. _. _ .. ,,._ .. :...... ... s.r.. I City Manager December 31, 1981 Page 2 it 4. Scenic Overlook (1,01.,) Sidc,ialk to be on,stalled w')rh parcel deveio; , of 7cl� T c,,1 „a , Sportsman Cl u; of this property, S. Lower Sacramento North access to Lodi Lake Park - This 20 -foot frontage will be installed with the development of the westerly Lodi Lake property. All developed City parcels have sidewalk. It is hopeful that this will provide the Council with sufficient information to take action on the request of Mr. Earl Johnson. Sufficient copies for distribution to the City Council, Administration and the City Attorney are attached. ,a` L ack L. Ronsko Public Works Director Attachments JLR/eeh �...x vmr.:vs.�:+s,•.,,.'"S',r�' R"FTa+n?, +»r4s-,';"n�^doe.o-':"`!san:.Rs�n'cnP!»,°N.:fi�LYJ2:tz�+"!rN-;HVS�:sw.,sy..ry....f..�.-. .„.., ._.--- ._ . .... - :0 17 November 1981 Mr. Henry Glaves, City Hanager City Hall Lodi, California Deur Mr. G1.av ; e I refer you to a meeting which was held the later part of July 1954 at the home of Mrs. H. B. Rencher. At this meeting the requirements were discusser) regarding improvements which were to be made after South Sun3et Drive was annexed to the City of Lodi. Your letter of 5 August 1954 indicated that the property owners did not want to form a Special Assessment District, but preferred to pay for the improvements in advance to the city. This also included installment of sidewalks at the cost of each property owner. For some reason most of the property on the East side of Sunset Drive south of Lodi Avenue did not then and have not to this date ful.filled their agreement to inbtall sidewalks. An of the Vest Side of the street has sidewalk. I request that the City of Lodi implement procedures provided in the ordinances of the city to require completion of installation of sidewalks in the area on South Sundet Drive, south of Lodi Avenue. This will also, increase safety for pedestrians, because people walk in the street due to lack of the sidewalks on the east side of the street. 305 SJ unset Dr. Dodi alif. 95240 04tt 13-c” W k,-,41 d U6 �0,61 1 CAZ.'F 4Sq�IO f! 2:90 P,.inutes of M)gust 5, 1953 centintjed,, CITY PLANNING COMMISSION City Clerk Glaves read the 'Zoning Committee report and the recommendation of the Planning Commission that Sunset Addition be annexed to the City. SUNSET Councilman Robinson, Rinn second, moved the adoption ADDITION of Resolution #1765, Consent to Commence Annexatioc RES. '#1765 Proceedings, Sunset Addition, motion carried. The motion was made with the understanding that property owners would pay for storm drains, curbs, gutters, and sidewalks and that the City Mould provide the electric and water utilities. CITY COUNCIL MRS &MEL R RICKEY, Mr" T. A ItASKILL I DWARD 11%I Vt i R R0t3:Rt It RINNI W 1 R0I31NS0t4 N CITY OF LODI :.:r. ►!; rl ie !.. :anburn 300 South ::u:zset ►:r. Lodi, Cali4'or•nia Uear i.r. J►mburn: CITY HALL LODI, CALIFORNIA .-Jr,ust 14, 1'1:53 H. D. WELLER City Monoper HENRY A. GLAVES City Clak At its re. -War t..eeLin,; on :.af;u:,t 5, 1953, the Gity Cou::cil adopted t:cr:.l w.ion Pio. 17!�5i c,: 'Y att,:,chut?, gr�,Titini,, concent to U.e of annoxati an r roceedin-s for the "Sunset AddiLiorl". ..t t' -c titite tt;c Cou.:cil rc:tffir:.ed its policy reccuirine tint: :)K :_-ut3! of I'rl vc t. iil;;t;;11 curb--,rutters :inti ,ide- lk: , -nd ti) !,, .,r i+t— c:� �� n::�� o'' t.F:t recenst.ruc Lion o'''.!.hc street to rr��et Cit; ::dards. 'P::e re identu ::.ast also p:,J the .175 r.cr t:cry Cc,! f, -Y- st-_ rm dra ins This Coes not represent any ci:anr,e in 1.13r. t:onriit ions 1 discu::se•l with you on previo•:s occasions. I11he ne;.t :,tep in '.i.c r rcc.-,co`ngs is the publication of the notice of intrnt.i on to cl rcula t.e the petition. I have -prepared :d attached the riecesdary notice. If you will cheek with me, at y..ur ccnvr:r::errce, I trill ro over Lhc details of the publication r,i th you. In :,ply ---it t! -.e s i,;na Lures of the prcponets to the a- ne.: ion ::I.;,.L Lc, secured. Yourn. very tr ly, ilcrtry ,l, l' z ves, 1r. U iL; Clerk xf%'..tis.�.w..assri.n:'.9sCar.,M:'._"^ucanwnanoµwwwr.,..rilaf;9i➢FJhSLry��- VA t ,ee Minutes of September 2, 1953 continued. .sem P� as ns-•.rvr�.,,:r:.oro--aw+-^dv'.enz..s..�+r.'.`sf2a"..S�ss'S�s9.':'rn:3 . .. ... ahx4'x+�-d-%' .•q: �aamaaa, c„rsmcc.aa.ma^.c.Y.nr.,�o-..MJ'/<+-.seb? - 'a21 vexation alf, ha Sunset � �3i��o�:�i��.. ��:���. a cop of the notice of intention �o circu3ate •.a ,petition, ;_,. IPT OF to with a copy of the statement - of. reasorw : for..' h, : such - Annexation, with him on. -.August 28, -1953', and an } �tdTI(? affidavit of thepublication of said.. notice 14a's filed �r sFrN PETITION August 31 1953 • Mrs. Helen K. Rencfier -:addressed the CGuncil from the audience 'Lo state that,< while the = F TION .:people living on the east side of Sunset< Street did not objer ; to the' construction of curbs `acrd gutters xF ` w upon: annexation,:- they, did ° '_ob ject to` the 66hstrdcon of .s dewalks_= ora this aide of. the 'street r Thi C n— p struction o!' aidei►alk8 would ..ne++sssItsLeti''Yal:i ; = of the.! "t xhich the resdeta� ciriaidev� eaaj "able for shade..h6:;�ouncil 'meed thdit:"�+etk`� {�t4- on.:::.the '.east: side' of Sunset DAV "Would; nt a uixtisr� £ ,tor--thea>time bei .Rinn,, Robinson necond, ° the'.Coainbil'M t0 #1769 Resolution �.. 1769, acknokledgfn�A.4ih�e areae i;JP�'ED a' caPY of the notic+ '.,of t'ntobtiot� o . z.: Boer' for the ana atibn oPN=the 26690'1.. tl"G } t i <a a'i'f3davit, of publiaatfon ttiereof "A yr �i circul8tia� 'og:{th , , _ ... .. r - .. c." ... _ .: , . , t - C � � S7":f at, `�y�r "- � 4 y ,ak 3•t'�`�3�St¢ ,P,'J'`r " r .... - -. 4 k`.: i• r,' :L sT."gT `y } -. t1' `hx '..RL'-�yS..}, NET ` wwz All t •- .�. '..s iafj 'YV�3�atcp� {-. r( v, {y���pyy�':'. Y 4 1 s �' 6 NCIP. • � r.,,tLIR, N. n• Gfo, .E M *n8i, it'. eOYo a v, -1;Lu W. Mn6:: a tic, sky W. J 1` 0 CI- F 1 OF L 0 D I Property Owner ;US S. SLU150. Dear Sir: PITY MALI, LOW, cALIVORN1A H. D. WELLU 0" W60"Cw HENRY A. GLAVES C* 0*A In Januar.,, 1954, your property on Sunset Drive was annexed to the City of Lodi as a result of a special election, r,.3 you are probably aware, the City Council approved the cirrulatiun of the petition requesting said election on the condition that the property owners within the territory would install curbs and gutters, bring the street up to ti -.e Cit. -Is Foving standards, and pay the standard ch;:: t e of V175.00 per acre for storm drainage. At the gai.,e ti --i! the City Cou:icil agreed that the City of Lodi world bear the expense for acquiring the power facilities fri-)..i the Pacific Gas and Electric Company and ccnnect the ::r:t.er line to tha Nam Lane line as a means of correcting, �i ser lous pressure problem. The s6%orr-- sewer and water line installation can be com.ienced at such time ns arrangements can be made for the pafnent of the storm sewer charge by the pro- perty owners. Your cherge for Lot "I, Culbertson Tract, is 4. '. •e, baaed on '.he sterdertfee of 4175.04per acre charged subdivisions throughout the City. 1 might add that this -cr- age charge was derived from the costa of storr.i sewer :nzitaliaL.on experience by all subdivider3 over a period of five years. There is a strong* possi- bility that the cc3t for tY4 Sunset Drive installation will be above the average. In the even;. t^at trti :zethod of payment is not Satisfactory to all of tt:cs property owners, it would be nece3sary to i_nance tie instellation of the drainage facilities throu,;h the formation of a Special Assessment District upor. ti,e prenen'_tion of a petition signed by 9 a majority of +-1h_,J� P, .1 �j' ,d'>�s�'�.��iJ nii 1d5'.i is the same methcd b.An6 used at the present ti;-aj fon the installation of street eet lights in the G{ ty. There is no question but that this me°thod would add substan- tially to the cost to the property owner inasmuch as the expenses for legal fees, advertising, etc., must be borne by the district. I am enclosing a self-addressed postcard for your convenience in indicating your p e.erence for payment. The City Enginser will be ready to start construction the early part of July, or as soon thereafter as we have an,indication of the wishes of the property owners. It is our desire to be of as much help as possible in this matter, and we will be happy to furnish further infcrraation if desired. Very, truly yours, HENRY . ' £LAVE„ , JR City Clerk CRY CCUNCIL e. W. FLULA. Mrvo. GEORGE M IAYUfIS qyp B. MITCHELL MRS MASE1 R. Ptr.! Ikti W. A RCx",C)N IN CITY OF LODI Earl & V. Johnson 305 South Sunset Drive Lodi, Ca2it'ornia Dear Property Owner; c1TY HALL LOVI. CAI.IPORNIA H. D. WELLER ow Mw" get HENRY A. GLAVES c*. a..e August 5, 1954 At a recent meeting at the residence of H. B. Rancher attended by a substantial n=be of the property owners on South Sunset Drive, I discussed the various methods of accomplishing the improvement of the street in the block south of Lodi Avenue. As many of you will recall, We dis- cussed the possibility of the formation of a Special Assess- ment D13trict as a means of financing the improveraent and an alternate method calling for the payment in advance to the City of Lodi of an amount sufficient to cover the grad- ing and paving. Those property owners in attendance indicated a prefer- ence for the alternate netlod, and asked that I secure the costs from the City Engineer. The City Engineer hAs informed me that the colt will be 11.00 a front foot. For the owners of Lots 3 through 28 the total cost will be 470.00, and `79.00 for the owners of Lots 1 and 2. The actual construction of the street can begin as socn as the curb and gutter installations are com- plete or #a soon thereafter es the Finance Director receives the above payment. In those instances where immediate pay- ment is not r.cssiblr!, I -ill be g3ad to discuss the matter individually. As agreed at the above meeting, the City will grade and oil the street at this time. At a later date when the street cuts have settled sufficiently, possibly one or two years, the City crews will apply a plant mix surface giving tho street a permanent surface. Yours very truly, f GL. VwS, .;R, / City Clerk NAG/bg CITY OF LODI PUBLIC WORKS DEPARTMENT RECAP OF CITY COUNCIL MINUTES SIDEWALK INSTALLATION PROGRAM COUNCIL MINUTES OF OCTOBER 28, 1968 Mayor Hunnell stated that several weeks ago he had requested members of the Council to present him with suggested subjects for discussion. Of those subjects suggested to him, he recommended -ihe followii:g six for study by the Co•.0 cil beginning J anuary, 1969: 1, Capital Outlay Program 2. Electrical system review 9. Water system review 4. Training program for all departments b. Sidewalk improvement program 6. Low -rent hous!rg COUNCIL MINUTES OF MARCH 19, 1969 SIDEWALK REPORT Mr. Peterson explained that some time ago the Council had requested the staff to prepare a report on sidewalk deficiencies throughout the City. He presented a report prepared by the Publio Works Director e n t i t 1 ed. "Procedural Program for Installation of Sidewalks." The report outlined the procedure that would be followed to complete the sidewalk installation program. Mayor Hunnell requested the matter be continued to the meeting of April 16 so that the Council might have time to stVdy the report. The Council agreed and the discussion of the report was continued to the meeting cif April 16. COUNCIL MINUTES OF APRIL 16, 1969 SIDEWALK SURVEY REPORT Assistant City Manager presented the sidewalk survey report as prepared by the Public Works Departrr,ent for discussion. Councilman Culbertson moved the matter be continued to the meeting of May 7, so that the Council ' might have further time to study the report. The motion was seconded by Mayor Kirsten. Under the question; Councilman Hunnell suggested the matter be discussed i at a special meeting on May 14. Councilman Culbertson then withdrew his mutton and Mayor Kirsten his second. Councilman Culbertson moved the discussion of the sidewalk survey report be continued to a special meeting on May 14, 1 9 6 9. The motion was seconded by Mayor Kirsten and carried by unanimous vote. I COUNCIL MINUTES OF MAY 14, 1969 PROCEDURAL PROGRAM FOR SIDEWALK INSTALLATION Mayor Kirsten asked the City Manager to explain the "Procedural Program for Installation of Sidewalks" as outgql;.nz'� 1,3 s11;._ of 1b1a�rC11 11),i i`)Jt), LJ3 �' :s.. ?.✓ ,9S �.,e y .1 l)i'S s history of aw sidewalk program. He explained that sometime ago the City Council requested a sidewalk study be made and, as a result, the Public Works ! Department had recently prepared the report. He stated that the report revealed that there are approxi- i mately 800 parcels within the City without sidewalks. 1 He presented a map which divided the City into 17.areas. Each area contained 35 to 40 parcels which did not have sidewalk. He explained that the method for accomplishing the sidewalk program is provided for in the Streets and Highways Code and is ovtlined in the Public Works Director's report. He further explained that all subdi- viders are presently required to install sidewalks in ? new subdivisions.' He stated that the City staff often received complaints concerning lack of sidewalks In certain areas of the City and he felt it was imperative that all citizens be given impartial treatment with regard to sidewalk installation. Mayor Kirsten then explained that the two major reasons. for considering a mandatory sidewalk installation policy! are pedestrian safety and public convenience. The following persons spoke, objecting to the proposed sidewalk installation program: ? Michael A. Lima, 721 South Sacramento Street Jack Navone, 1840 West Lodi Avenue Larry Mallory, 2216 Cabrillo Circle Eileen Tiede, 35 Bella Vista Drive Cecil Mumbert, 424 South Main Street Kenneth Towle, 1740 Normandy Court Dorothy Dollinger, 2388 Cabrillo Circle Anne Meyers, 2356 Cabrillo Circle Wilbur Lrners, 102 Sycamore Street Tom Wright, 2232 Cabrillo Circle ' Ernie Smith, 301 Del Mont Street W. A. Fearer, 708 South Rose Street - 2 - COUNCIL MINUTES OF MAY 141 1969 - continued Letters signed by G. J. and M. June Richardson and i Mr. and Mrs. Lloyd Perrin objecting to installation of sidewalks in Kristmont Acres were presented to the Council A petition signed by 44 residents of Kristmo* t Acres obi . , . ,l' of properti ; _.:s .,L�o t Speaking In favor of the sidewalk program was Gerald Doud, 1021 Woodrow Street. After discussion by the Council. Mayor Kirsten questioned Director of Public Works Shelley Jones concerning the City's sidewalk maintenance program. City Manager Claves pointed out there were some problem areas with regard to sidewalk installation in the City. Councilman Brown agreed with the City Manager stating there were many problem areas. Councilman Culbertson suggested the staff submit a list of these problem areas to the Council for study. After further discussion, Councilman Hunnell moved that no action be taken at this time on the "Procedural Program for Installation of Sidewalks" and that the discussion be continued to an j adjourned meeting on May 28, 1969. The motion was seconded by Councilman Schaffer and carried by unanimous vote.. The staff will submit a report of the problem areas to the Council. COUNCIL MINUTES Of MAY 28, 1969 PROCEDURAL PROGRAM FOR SIDEWALK INSTALLATION The discussion of the proposed sidewalk program having been . continued from the meeting of May 14. 1969. the City Manager introduced the matter and gave a brief history of the sidewalk E program. He also presented the map which divided the City into areas and explained that each area contained 35 to 40 *parcels I which did not have sidewalk. Mayor Kirsten then explained the purpose,of the meeting was to determine the wishes of the citizens concerning the proposed sidewalk program. He invited all of those persons wishing to speak on the matter to do so. Those speaking in opposition to the proposed sidewalk installation program were as follows: ; - 3 - 0 0 COUNCIL MINUTES OF MAY 28, 1969 - continued Leonard Cain,. 2316 Cabrillo Circle Larry Meyers, 2356 Cabrillo Circle Attorney Gene Walton, 318 West Pine Street, (representing certain residents of Krigtmont Units I 'c -',) Larry Schalo, 305 Bella Vista Drive Larry Mallory. 2216 Cabrillo Circle Robert Mertz. 320 Kirst."nont Street Helen Rencher, 338 South Sunset Drive James Rinaudo, 310 Kristmont Street Jack Carter, 620 Turner Road Lloyd Perrin, 2370 Cabrillo Circle Lloyd Berendt, 501 East Maple Street Dr. James Sweeney. 2361 Cabrillo Circle Thomas Sibley. 2250 Cabrillo Circle Robert Riggle, 712 Cross Street Marvin Hansen, 840 South Garfield Street Norman Russell, 342 Bella Vista Drive Maurice O. Ray, Jr., 1201 Edgewood Drive Mr. and Mrs. Manuel Silva, 330 Kirstmont Street A letter objecting to sidewalk installation in Kirstmont Acres, Units 1 and Z was noted from Mr. Richard Bunnell, 341 Kirstmont Street. The City Manager presented a letter from Mr. and Mrs. Andrew Rothgarn, 834 South Stockton Street, supporting the sidewalk installation program. There being no others in the audience wishing to speak on the matter, the public portion of the hearing was closed. Most persons speaking in opposition to the proposed program were from Kristmont Acres, Units 1 and 2. and it was their general feeling that there was no need for sidewalks in that area. They stated they were of the opinion when they purchased their homes in Kirstmont Acres that sidewalks would never be required. They had installed landscaping and sprinklers in the public rights of way and felt it would be an imposition arld expense to remove or relocate these improvements. Council- man Hunnell questioned if- residents in Kirstmont Acres had been assured by the Council at the time the subdivision was developed that sidewalks would not be required. City Manager Glaves explained that the matter of installation of sidewalks is Kirstmont Acres Units 1 and 2 had not been discussed by the City Council since the City did not adopt an ordinance requiring sidewalks in new subdivisions until after the subdivision was approved. - 4 - COUNCIL MINUTES OF AMY 28, 1969 - continued After much discussion of the proposed sidewalk installation program by the Council, Councilman Culbertson proposed that the City Council declare its desire to have sidewalks installed in all areas of the City w1jere sidewalks do not now exist withi a period 1. Voluntary installation by property owners. 2. Time to relocate and rebuild landscaping. i 3. Time -payment arrangement with City with a suggested Z% interest rate. 4. City install sidewalks on City -owned property within period of five years. 5. Allow appeals by property owners and/or City staff. After discussion of Councilman Culbertson's proposal, Council- ' man Hunnell moved action on the sidewalk program be deferred until the meeting of June 4, 1969 and the City Attorney and City staff be directed to incorporate the above proposal in a resolution for Council consideration. The motion was seconded by Council- man Brown and carried by unanimous vote. After further dis- cussion, the Council felt more time should be allowed so that the proposed resolution might be reviewed by the Council and published! in the local newspaper prior to the Council meeting. The motion and second were then withdrawn. Councilman Culbertson then moved the matter be continued to the meeting of June 18, 1969 and the City Attorney and City staff be directed to incorporate the proposal in a resolution .for Council approval at that meeting. The Council requested the proposed resolution be published in the Lodi News Sentinel prior to the Council meeting on June 13. The motion was seconded by Councilman Schaffer and carried by unanimous vote. Attorney Robert Mertz requested the Council to give the residents of Kirstmont Acr,:s who were in the audience some indication of its feelings concerning sidewalk installation in that area. It was the consensus of the Council that it did not wish to set a policy for any area in the City regarding sidewalk installation at this time. - 5 - COUNCIL MINUTES OF JUNE 4, 1969 SIDEWALK RESOLUTION Councilman Culbertson questioned if it was appropriate to discuss the sidewalk resolution which had been sent to each of the Councilmen by thy, City. .Attorn-,y. •Assiotant City Attorney should not discuss the resolution at this meeting but rather discuss it at the meeting of June lPk. 1969 at which time the matter has been set for cu. sion.pg. The Council agreed. i COUNCIL MINUTES OF JUNE 18, 1969 SIDEWALK IMPROVEMENT POLICY City Manager Glaves presented for discussion the pro- posed resolution designed to accomplish sidewalk in- stallation throughout the City within a period of ten years. A copy of the resolution had been sent to each of the Councilmen and published in the Lodi News Sentinel prior to the meeting. The Council reviewed' the proposed resolution and suggested the following , ch", " a to it: (1) The program will be voluntary for the first five years; (2) the City will provide necessary financing in accord- ance with the Streets and Highways Code, Section 5895. to only those residents who can demonstrate a financial hardship; I (3) the interest rate is to be 2019 per annum for the first three years of the program; and (4) provision be made for application of Streets and Highways Code, Section 5870 at seq. , in those situations where public health, safety and/or convenience require installation of said improvement. Mrs. Manuel Silva, 330 Kristmont Street and Mrs. Roberta' Neushaffer, 13669 North Cherokee Lane, then spoke on the sidewalk proposal. After further discussion by the Council, Councilman Culbertson moved the staff redraft the proposed resolu- tion to include the above suggested changes and the matter be continued to the meeting of July 2. The motion was seconded by Cour..cilrnan Hunnell and carried with Council- i man Brown voting no. - 6 - _._ . i COUNCIL MINUTES OF JULY 2, 1969 SIDEWALK IMPROVEMENT POLICY _ RES. NO. 3278 At its meeting of June 18 the (.'.ity Council requested the staff to redr;, t the pin-pos ,l re;;olution concerning side- walk instar --i'.i.),i �,o the matter to this meeting. The City �Aanager present _1 the resolution which had been redrafted as requested. He suggested the word "present" should be removed from both the first and second paragraphs. The Council agreed. On motion of Councilman Schaffer, Culbertson second, the Council then adopted the following resolution: RESOLUTION NO. 3278 A RESOLUTION EXPRESSING THE CITY OF LODI'S INTENT TO ACCOMPLISH SIDEWALK INSTALLATION IN ALL THOSE AREAS OF THE CITY WHERE SIDEWALKS ARE NOT NOW INSTALLED. WHEREAS, the City Council of the City of Lodi is desirous of having sidewalks installed in all those areas of the City where sidewalks do not now exist; and WHEREAS, it is the hope of the City Council of the City of Lodi to realize this program within a period of ten years; and WHEREAS, the first five years of the program shall be on a volun- tary basis and thereafter the provisions of Streets and Highways Code Section 5870 at seq, shall be applicable;,. and WHEREAS, the establishment of this time period will provide property owners a comfortable period to: 1. voluntarily install sidewalks where none now exist; 2. relocate and rebuild landscaping which may have to be moved; 3. accomplish said improvements without the pressure of time; and WHEREAS, the City of Lodi, in its desire to achieve this end, will: i 1. install sidewalks on all City -owned property within a period of five years; COUNCIL MINUTES OF JULY 2, 1969 - continued 2. for those citizens who wish to voluntarily install sidewalks and can demonstrate a financial hardship, provcciide the necessary financing in accordance with lnterct who inst;-411 sidewalks within the first three yearn after adoption of this resolution and the annual installments of principal and interest not to exceed ten (10). NOW, THEREFORE, BE IT RESOLVED that tt.e City Council of the City of Lodi does hereby express its intent to implement a sidewalk installation program in the City of Lodi in accordance vdith the preambles set forth hereinabove and respectfully request the cooperation and assistance ' of all concerned. BE IT FURTHER RESOLVED that by this resolution the City Council of the City of Lodi is in no way abdicating the pourer given to it under Streets and Highways Code. Section 5870 et seq. to require the installation of sidewalks. curbs and/or gutters in those situations and places where, in the opinion of the City Council, the public health, safety and/or con- venience requira the installation of said improvement. PASSED AND ADOPTED this 2nd day of July, 1969 by the following voter ' i AYES Councilmen - Culbertson, Schaffer and Kirsten NOES: Councilmen - Brown ABSENT: Councilmen - Hunnell RESOLUTION NO. 3278 �ts E A RESOLL .lON EXPRESSING THE CITY Gr' LODI'S INTENT TO ACCOMPLISH SIDEWALK INSTALLATION IN ALL THOSE AREAS OF THE CITY WHERE SIDEWALKS ARE NOT NOW INSTALLED, d WHEREAS, the City Council of the City of Lodi is desirous of having sidewalks Installed In all those areas of the City where sidewalks do not now exist; and WHEREAS, It is the hope of the City Council of the City of Lodi to realize this program within a period of ten years; and WHEREAS, the first five years of the program shall be on a voluntary basis and thereafter the provisions of Streets and Highways Code Section 5870 et seq. shall be applicable; and WHEREAS, the establishment of this time period will provide property owners a comfortable period to: 1. voluntarily install sidewalks where none now exist; 2. relocate and rebuild landscaping which may have to be moved; 3. accomplish said improvements without the pressure of time; and WHEREAS, the City of Lodi, In its desire to achieve this end, will: 1. Install sidewalks on all City -owned property within a period of five years; 2. for those citizens who wish to voluntarily install sidewalks and can demonstrate a financial hardship, provide the necessary financing in accordance with Streets and Highways Code Section 5895 with the interest rate to be 2416 per annum for those persons who install sidewalks within the first three years after adoption of this resolution and the annual installments of principal and interest not to exceed ten (10). NOW, THEREFORE, Btr�T RESOLVED that the City Co� ril of the City of Lodi does hereby express its, intent to implement a sidewalk installation program in the City of Lodi in accordance with the preambles set forth hereinabove and respectfully request the cooperation ..,;ci a:: a_st c OT M conc�: r n.nd, BE IT FLJRTiiEFt RE 6 0 L�� t,,.s> k�� s s:ioi L; j 01 >; , sy= i.� c�.._.:—ZIA City of Lodi is in no way abdicating the power given to it under Streets and Highways Code, Section 5870 et seq. to require the installation of sidewalks, curbs and/or gutters in those situations and places where, in the opinion of the City Council, the public health, safety and/or convenience require the installation of said improvement. Dated: July 2, 1969 I hereby certify that Resolution No. 3278 was passed and adopted by the City Council of the City of Lodi in regular meeting held July 2, 1969 by the following vote: Ayes: Councilmen - Culbertson, Schaffer and Kirsten, Noes: Councilmen - Brown Absent: Councilmen- Hunnell City Clerk - 2 - MEMORANDUM T0. City Manager FRQt1. Director of Public Works DATE. Mo_:... SUBJECT. Procedural Program for Installation of Sidewalks The City Council has requested a program for installing sidewalks where none now exist. The legal authority for this program is found in Chapter 27 of the Streets and Highways Code or, more specifically, Section 5870 through 5895.1. Section 5875 - Duty to Construct - "Owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than 50% on one side of such street or place in any block,. shall have the duty of constructing or causing the con- struction of sidewalks and curbs in front of their properties upon notice to do so by the superintendent of streets." Chapter 27 of the California Streets and Highways Code, entitled, "Construction of Sidewalks and Curbs," is included as an appendix to this report. There are approximately 800 parcels without sidewalk in the City. A map showing these will be presented at the Council meeting. Exhibit A, a map of the City, is included. It divides the City into 17 different areas. Each area encloses about 35 to 40 parcels which do not have sidewalk. This is a reasonable number to work with at any one time. The procedure can extend as long as six months if all steps are necessary. Three or four of these areas can be processed in a year. This would complete the program in approximately 4 or 5 years. Exhibit A shows the 17 areas n«mbered from left to right and from top to bottom. The program can start on this listing unless the City Council feels another schedule is more desirable. The City has a respon- sibility in the areas 1, 3, 7 and 16, at Lodi Lake, the Stadium, Emerson Park, and Blakely Park. The procedure that would be followed in accomplishing this program is set forth in Exhibit B. There are 17 steps, starting with a letter of explanation to the property owners. It ends with filing of a lien with the County Auditor if that is necessary. It is expected' that as the firs step the City Council will decide upon which of the 17 areas they wish to start. After these initial decisions it is estimated there will be a 2 -week period to determine ownerships, parcel descriptions, addresses, footage of sidewalk to be installed, and to City Manager - 2 - March 19, 1969 prepare the letters and other papers to be sent to the owners. The mail- ing of the Letter of Explanation (Step l) and the curb, gutter and sidewalk details and specifications will, for all practical purposes, constitute the beginning of the procedure. After mailing these letters, the property owner will be qr en t io to a ree vi,7�ek to boffin work: on his o!.G'r, accoad. A;t._,r the nailing of the Lotter n",, det'11.15 i0 the C; s % tha to City Council— Properties Requiring Sidewalk (Step 2) and the Resolution Instructing the Superintendent of Streets to give Notice to Construct (Step 3) in anticipation that at least some of the owners will not start installation on their own accord. At the first Council meeting following the sending of the Letter and details to the owner, it can be expected that the Council will pass the above Resolution. After the Resolution has passed and the Superintendent of Streets has been notified by the City Clerk of such action, a legal package consisting of the Details, List of Properties, Resolution of Instruc- tions, Legal Notice to Construct (Step 6) and Card Notice to Construct will be prepared. These will be mailed (Card Notice will be posted) to those property owners who have not yet started sidewalk construction. The time lapse for this step will be two weeks after the Letter of Explanation has been sent to the property owner. Approximately three weeks after the property has been posted (the Code specifies no sooner than 10 days after giving notice) the Council will hear and pass upon objections or protests, if any, which may be raised by any property owner. If the objections of the property owner are overruled by the Council, the owner will then have 60 days from the posting date to begin construction. If, after this time, work has still not begun it becomes the obligation of the Superintendent of Streets to cause the construction to be done. This will be done by requesting bids from three cement contractors by sending them the Specifications and the Bid Form (Stepll,). Approxi- mately two weeks after this the contract will be awarded to the low bidder and he will have 30 days from the award date to complete the work. Following the completion of the work the Superintendent of Streets must mail a Report of the Cost (Stap 14) and Notice of Cost of Construction (Step 15) and post the Cost of Construction and Notice of Hearing with the owner. At the same time a copy of the Report of Cost must be filed with the Council. No sooner than 10 days after giving this notice, the Council will hear and pass upon the Report of the Superintendent of Streets of the cost of the construction, along with objections or protests, if any; which may be raised by property owners assessed for the cost of construction. At the same Council meeting, if the protests are overruled, the Council will pass the Resolution Confirming Assessment Against Real Estate (Step 16). If the bill for the work is not paid within 5 days after City Manager - 3 - March 19, 1969 confirmation of the assessment the same will constitute a special assess— ment and is a lien on the property which will continue until the assessment and all interest is paid. The Council also has the power, in its discretion, to determine that the payment of of or ..^r» 7}ay ,,nv2 in -nni.l^.1 instalments, in any to e:?c s.=- bear interest on the unpaid balance a", a r -11k, not to exceed 6"paX iP". Any such determinations may be expressed by Resolution of the Council at any time prior to the confirmation of the assessment. This would be the Resolution Allowing for Installment Plan Payments (Step 4). The final step is the filing of the Notice of Lien (Step 17) with the County Auditor. The construction costs are then collected with other taxes against the property. The complete procedure, from the mailing of the Letter to the filing of the Lien with the County Auditor, may take as long as six months. SFJ: c c Attach. Shelle F. Jones Director of Public Works t PROPOSED �IDEWALK ARF -AS EXWB T A PROCEDURAL CHECKLIST EXWIBIT B Elapsed Step Days Schedule Procedure 1. 1 Letter of Explana�ion & S.W. & C.& G. Detail Report of Supt. of St -.- To Owner 2. 1 Friday before 1st Council List of Property Owners & Meeting Direction to Supt. of Sts. To City Council 3. 13 lst Council Meeting Action on Above By Cit Council 4. 13 1st Council Meeting Pass Res. allowing installmen Payments City Council 5. 18 Following Monday Notification to Supt. of Sts. to Give Notice to Constr. By City Clerk 6. 22 Prepare Details, List of Prop. Res. of Instr., Legal & Card Notice to Constr. P. W. Deot. 7. 22 Following Friday Mail & Post Above To Owner 8. ail 3rd Council Meeting Hearing of Protests By City Council 9. 83 60 Days from Posting Date Deadline for Beginning Work By Owner 10. 99 Preparation of Details, List of Prop. & Bid Forms P. W. Dept. 11. 99 Friday after Deadline Date Mail Above To Contractors 12. 113 2 Weeks after Mailing Award Contract By P. W. Dept.. 13. 143 30 Days from Award Date Completion of Work By Contractor 14. 144 Following Work Day File Copy of Report of Cost To City Council 15. 144 Mail Report of Cost & Post Notice of Cost To Owner 16. 152 2nd Council Meeting Hearing of Protests of Costs & After Posting Passing of Res. Confirming Assess. By City Council 17. 162 Following Friday Filing of Lien with County Auditor on each parcel. By, City Clerk EXWIBIT B CITY COUNCIL ROBERT F. HUNNELL, Mayor JAMES F. CULBERTSON. Vice Maya JERALD KIRSTEN FRED M. BROWN BEN SCHAFFER Dear CITY OF LODI CITY HALL LODI, CALIFORNIA 95240 HENRY A. GLAVES, Jr. City Manager MISS BESSIE BENNETT City Clerk ROBERT H. MULLEN City Attorney Our records show that you are the owner of the property located at The City Council has recently instructed us to proceed on a City-wide program of sidewalk construction. This will include those properties within the City where sidewalk does not now exist. In accordance with their instructions and with provisions set forth in the Streets and High- ways Code of the State of California, you are requested to construct sidewalk in front of your property at the above address. The Streets and Highways Code places on each property owner the responsi- bility of installing curb, gutter and sidewalk in blocks where more than 50% of the curb, gutter, and sidewalk is in. The absence of sidewalk in front of your property presents a nuisance to pedestrian traffic. As important as this, however, is the fact that this installation will improve the value of your property, enhance the appearance of the neigh- borhood and bring your property up to the standard of the other properties that already have these improvements. The enclosed drawing shows the details for making the necessary installa- tions.. It is suggested that a licensed contractor be engaged to do the work. There are several listed under "Concrete Contractors" in the yellow pages of the telephone directory. In two to three weeks you will receive a formai notice informing you to have the required work done. You will then have 60 days to complete the work. An encroachment permit is needed before starting this work. The permit is available in the Public Works office at the City Hall. There Is no fee for this permit. You are invited to call City Hall at 368-0641 and contact either me or Marvin Davis with any questions you may have. ( _( - � NJ CENTKNNIAL SFJ: cc *Uq s l ;hU �y n9# 1969 ,090 1'% O� . ►_ CAllfCtiUN1A STEP I Yours very truly, Shelley F. Jones Director of Public Works REPORT TO CITY COUNCIL PROPERTIES REQUIRING SIDEWALK The following properties -were found to require the installation of sidewalk and are located in blocks in which more than 505 of the frontage is improved with curb, ut.t..,"r-!rj e,,. iy ind©r pavemp nt f Dated: STEP 2 Shelley F. Jones' Superintendent of Streets City of Lodi r" RESOLUTION NO. RESOLUTION INSTRUCTING THE SUPERINTENDENT OF STREETS TO PROCEED TO GIVE NOTICE OF SIDPYr%LK CONSTRUCTION WHEREAS, the Council a list of properties in blocks in which more than fifty (50) per cent of the frontage is Improved with sidewalks, curb, gutter and/or pavement construction and requesting instructions of this Council to direct him to proceed to give all proper notices to cause all of said properties in said blocks not having sidewalks to cause said work to be done; and 11MEREAS, it is the desire of this Council to give such instructicn; NOW THEREFOP.E, BE IT RESOLVED that the Superintendent of Streets of the City of Lodi is hereby instructed to proceed to give to the owners of all of said properties not so having sidewalk the notice prescribed by Section 5876, et seq., of the Streets and Highways Code of the State of California. Dated: I hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lodi in regular- meeting held , , by the following voter Ayes: Noes: o•: Absent: Bessie L. Bennett City Clerk STEP 3 RESOLUTION NO. RESOLUTION PROVIDING FOR 1NISTALLMENT PLAN PAYMENT OF SIDEWAIJ< CONSTRUCTION ASSESSMEMT WHEREAS, th of has with .his City Council for confirmation his report dated , of the cost of sidewalk construction; and WHEREAS, this Council desires to determine by this Resolution that after the confirmation of said report and the confirmation of said assessment that payment of said assessment amounting to $50.00 or more may be paid to the City in ten equal installments, and that the paymant of said assessment so deferred shall bear interest upon the unpaid balance at the rate of b% per annum, which said interest shall commence to run on the 31st day after the confirmation of said assessment by this Council. Dated: I hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lodi in regular meeting held , , by the following vote: Ayes: Noes: ' Absent: 5'TEP 4 Bessie L. Bennett City Clerk NOTICE TO CONSTRUCT Pursuant to instructions of the City Council of the City of Lodi given by Resolution No. , and adopted on , you are notified and ordered to cause to be constructed sidewalks in front of your property h—' ," -T -' � -, c.. l -b -d, You are fuath---no ti that the City COunci1 of -Uh-? ;iay z will meet at the Council Chambers of said City Council in City Hall at 221 West Pine Street, Lodi, California, at 8:00 p.m. on Wednesday, the day of , to hear and pass upon objections or protests, if any which may be raised by any property owner or other interested person. The work herein required to be done shall be done in full accord with the specifications therefor, which are attached hereto and made a part of this notice. You are further notified that if this construction is not commenced within sixty (60) days after receipt of this notice and diligently and without interruption prosecuted to completion,. the Superintendent of Streets of the City of Lodi shall cause such construction to be done and the cost of the same shall be a lien on the property. The property affected by this notice is described as follows: Dated: STEP b (mail) Shelley F. Jones Superintendent of Streets City of Lodi NOTICE TO CONSTRUCT Pu�-suant to instructions or the City Council of the City of Lodi given by Resolution No. , adopted on , moo, you are notified and ordered to cause to be constructed S1deevalk5 2n $ '�: .; _.^-,s� 3 C.:ati'.:? I You a.a fu>ther notified that the City Council of th City of Lodi will meet at the Council Chambers of said City Council in the City Hall at 221 West Pine Street, Lodi, California at 8:00 p.m. on Wednesday, the day of , , to hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested person. The work herein required to be done shall be done in full accord with the specifications therefor, which are attached hereto and made a part of this notice. You are further notified that if the construction is not commenced within sixty (60) days after receipt of this notice and d"ili.gently and without interruption prosecuted to completion, the Superintendent of Streets of the City of Lodi shall cause such construction to be done and the cost of the same shall be a lien on the property. The property affected by this notice is described as fol lows: Dated: Shelley F. Jones Superintendent of Streets City of Lodi S T E P (6 (pa'i ) REQUEST FOR INFORMAL BIDS SIDEMALK CONSTRUCTION Informal Office, City }fall, on Tuesday, at vihich time the b."�ds will b opened, for the construction of sidewalk at locations listed in the proposal in full compliance with the Special Provisions for sidewalk construction, the Standard Specifications of the City of Lodi, and Standard Plans 112 or 121. The undersigned declares that he has carefully examined the above described work and he has inspected the site and that he is aware of the extent of the work. He proposes to furnish all labor, materials and equiprentt'o complete the work In conformance with the standards of the City of Lodi, California, for the following amount: 1. Address 2. Address 3. Address 4. Address 5. Address Address: Telephone: Lump Sum $ Lump Sum S Lump Sum $ Lump Sum $ Lump Sum $ Submitted by: Bidder By: Name STEP 11 REPORT OF COSTS INSTALLATION OF CURB, GUTTERS, SIDEWALKS, AND/OR PAMENT CITY OF LODI 9?'ln v9v T0: CITY CLERK Pursuant to the requirements of Chapter 27 of the Streets and Highways Code of the State of California, I hereby certify that the following costs were incurred by the City of Lodi to install curb, gutter, sidewalk, and/or pavement at the following properties: Owner Address Assessor's Parcel Cost TOTAL Filed this day of , in the Office of the City Clerk of Lodi, California Bessie L. Bennett City Clerk STEP 14 S Shelley F. Jones � z Superintendent of Streets City of Lodi NOTICE OF COST OF CONSTRUCTION Lodi, California YOU ARE 111:,": :JY NG I IED that, I h, -ie ct us J the cons truc � _ ;, of sidewalks to be completed in front of your property at the above address and have filed my report of the cost of said work with the City Council of the City of Lodi by filing the same in the office of the City Clerk of said City; YOU ARE FURTHER NOTIFIED that the City Council of the City of Lodi will meet at the Council Chambers of said City Council in the City Hall at 221 West Pine Street, Lodi, California, at 8:00 p.m., on Wednesday, 19 , to hear and pass upon said report, together with any objections or protests thereto, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any otter interested persons. Dated: STEP 15 (rr►a10 Shelley F. Jones Superintendent of Streets City of Lodi NOTICE OF COST OF CONSTRUCTION Lodi, California YOU ARE HEREBY NOTIFIED that I have caused the construction of sidewalks to be completed in front of your property at the above address and have filed my report of the cost of said work with the City Council of the City of Lodi by filing the same in the office of the City Clerk of said City; YOU ARE FURTHER NOTIFIED that the City Council of the City of Lodi will meet at the Council Chambers of said City Council in the City Nall at 221 West Pine Street, Lodi, California, at 8:00 p.m., on Wednesday, , , to hear and pass upon said report, together with any objections or protests thereto, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and any other interested persons. Dated: Shelley F. Jones Superintendent of Streets City of Lodi STEP 15 (eosi) .......... R-SSOLUTION NO. RESOLUTION CONFIRMING REPORT OF SUPERINTENDENT OF STREETS AND CONFIRMING ASSESSMENT AGAINST REAL PROPERTY WHEREAS, the Superintendent of Streets of the City of Lodi has heretofore filed with this Council his report on the cost of construction of sidewalks, curbs, gutters, and/or pavement construction for each parcel of real property described as follows: Address Parcel AND WHEREAS, this Council has, pursuant to notice given as required by lave, duly and regularly met at the time and place specified in said notice,' and did hear and did overrule all protests or objections to said report of the Superintendent of Streets, and now desires to confirm said report of the Superintendent of Streets; NOW THEREFORE, BE IT RESOLVED that all protests and objections to the report of the Superintendent of Streets, dated , 19 , be and the same are hereby overruled; and BE IT FURTHER RESOLVED that said report of the Superintendent of Streets, dated , 19 , be and the same is approved and confirmed; and BE IT FURTHER RESOLVED that the dollar amount set after the parcel of real property listed in said report, if not paid in full to the City within five (5) days, shall be and it is hereby levied as a lien on said real prop- erty and that the amount of said lien shall bear interest at the rate of 6% per annum, commencing _..n the 31st day after the date of the adoption of this Resolution. Dated: I hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lodi in regular meeting held , 19 ,. by the following vote: Ayes: a .. Noes: j { ! * _�+• � � Absent: `.' NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did on the clay o: 9 sidewalk to b: � �;3� 61 U(: L�;ii ;.i:�� ',.�1: 6 LO-, 1J1.L}' COl.S1C;ll 9b $.i;8 1.1 L j' c-'., did, on the day of , 19_, by Resolution NO. , assess the cost of such construction upon the real property hereinafter described, and the same has not been paid, nor any part thereof, and the said City of Lodi does hereby claim a lien on said real property in the sum of $ , and the same shall be a lien upon said real property until said sum, with interest at the rate of per annum from the said day of , 19 , has been paid in full and discharged of record That the real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcels of land lying and being in the City of Lodi, County of San Joaquin, State of California, and particularly described as follows, to -wit: Dated: Shelley F. Jones Superintendent of Streets City of Lodi STEP 17 _..���.�_...�...�..�...�.._�...�.......�.wMs+�nsf.tf�aC..seRefnwfwwn+n�H1:+u.D.ar.nm*... ..... .. . ..... .. .. ......_ .:: _.>.wrnt�.. �_. �..1w:.R..w^14tl .•�aw.u.c�:..uutia.+..lvw's✓rw�f.. �6YKEu`�. STREETS 8 HIGHWAYS CODE , STATE OF CALIFORNIA CAAPT ER 27. CONSTRUCTION OF SIDEWALKS AND CURBS ARTICLE 1. GENERAL PROVISIONS Sac, 5S:3. "Cost." "o0c►structioa cost" defined (\ewj. 1 5970. "Slack" and "driveway" dooned As used in LSis chapter. "block" means property facing one side of any street between the next Intersecting streets or between the terminus of a dedicated rlght- of-way of a street and an Intersecting stree4 except that "block" in the case of an AIley means pro;wny facing both sides of any alley between the next Inter- secting streets or alleys. or between the terminus of an alley sad an Intersecting street. and "driveway" means a paged portion of a public street providing an un-. obstructed passage from the roadway to an offstreet area used for driving. servicing.. Parkin,.- or Otherwise atxmmmodating motor vehicles. Where a "block" exceeds 1.0(* feet in ►en=th. a length of frontage of 1.000 feet constitutes a "block" as used In this chapter. A determination by the superintendent of streets of sucb a 1.0"foot block establishes a "biock" and cannot later be changed to Include a portion of said ),C0,1•foot "block" In another "block." (Ass aawnded Srats.IWI. e. 275, p, 3309, 1 l; Stata.1063. a 046. p. 14K 11; Stats. 19G7. C. 44 P. 2032. 1 2.) I SUL Stop* of chapter; dellattloas This chapter shall apply to the construction of sidewalks. gutter, pavements. drivew&yN and curbs and. the installation of storm and sanitary drainage facilities and parkway trees In front of properties In any block where a sidewalk. gutter, pavement, driveway. the Installation of storm and sanitary sewer draina;e facilities and parkway tree:. or cuib or all of these have been constructed tberetofore In twat . properties is staid block constitating more than fifty percent (W%) of the front footage of said block or w2.ere the owners of more than 60 percent of the front foot- age of the block, as st•.own by the last equalised assessment roll of U* city. Ale a petition with the city clerk requesting the installation of arty such improvtatents or where a peUtion st„ne4 by the o~rs of more than sixty percent (40%) of the erose footage of any part of an unimproved portion or portions of a block has been Algid wits the city clerk requesting the Installation of such improvements in front of said Pan- ...._.. . This ebapter shall not apply to driveway construction In front of a vacant lot. or In frout of as unlraproved property. unless requested by the owner.' As used in this chapter. "sidewalks or curbs" Includes "guttars." "driveways." "Pavemeno to the ecaterline of the street. "full pavement" In alleys. "storm and sanitary drainage facillties." "parkway trees." and "superintendent of streets" includes any otbis r parson or persons who may be designated by tho legislaUve body to perform any of the duties of tine superintendent of streets cot forth in this chapter. -;'ranting" and "faciug" ax u" in ,hist chapter means "abutting" In the vaso o: proNrty adjoluing, an al•.ey improvement. (As amlendod Stats lm, c. 3060. P. 31:1). ; l; Stats.1061. c. 275. p. 13M►. J 2; 8tata.2941, c 1828► A 3M, 12; SUW90 , c. 016. P. 24K 2 ; Stats.1063..•,.1837. p. =85.1 1.) A 5872. Alternative procedure; Inapplicability of speelai asse"meat lavestlgaties, limitation and majority protest set of 1931 ' This chapter constitutes a separate and alternative procedure for performing the work specified herein, and except as otherwise provided In this chapter. no other provision of this division. exccptin,; definitions, shall apply to proCeedings insdtutgd l.ereunder. The "Special vasessment Investigation. Llv)itation sad Majority Protest Act of IWI" shni! roc apply to any proceedings taken under this ebaptu. (AA amended Stats.IN3. C. 416. p. 1:.31. 134; Stats1063. C. 1837, p. a7$6r f 1•a i 15373. "Cost." "construction cost" defined As used is this chnpter. "cost," "construction cost," or variants tbereof, means and includes both the actual cost of construcUou of the stork and any lacklabtal txpcnses, as defined in Section 5024. (Added Stats.1963�G 438 p► 1144 ; 33r stn am%Maded Sta LIOG3, C. 1S3i, P. 37f,i►, i poo ..)*" Of St4ts.1943, C. sli, pp.. 2224, ' rote under rep"A lin• [or 61 1416 -"Il. AI►iIC" 2, pERFORMING TIM WORT{ See. :aoD.1 Bond I"uc (New). 3 56675. Duty to construct The owners of lots or portions of lots fronting on any public street or place when that street or place has bken improved by the construction of sidewalks or curbs for A total frottage of more than Afty, percent (50%) on one side of such street or place in any block, or where a petition signed by the owners *of more than sixty percent (GO%) of the front footage of the block has been Aled with the city clerk requesting the installation of such Improvements. or where A petition signed by the owners of more than sixty percent (60°is) of the front footage of any part of -an unimproved pe►rtion or portions of a block bas been Aled with the city clerk request - the Installation of such sald_partt, shall have the .if .ti►t►Fttucting or eAutdng tbo constraedoA Of • • • sidewalks or curbs In front of • • slwir Inmi rrttex tq%ou notice rat- to do by the superintendent of streets. (As w....•n.taj �►otw ts�vt .� et�u Std 1 �: : G►totltkl. C 2811, p. $.SDS. 1 11{ Stats. lU►�t, e. 1.:5:. pa �::1� � Y.j See'9e.ip 2. J 5876. Notice to construct W hcu tide superintendent of streets Ands that sidewalks or curbs • • • barb bo%,n constructed. or that their construction has been guaranteed to his satisfaction. In frout of propertics constituting inose than Afty percent (50%) of the frontage In any Mock. or where a petition siraod by the owners of more than sixty percent (f.J,%) of the front footage of the block has been Aled with the city clerk requesting t`"'��. the im�tallation of such Improvements. or where a petition signed by the owners of " Wee than sixty percent (GO%) of the front footage of any part of an unimproved �ea�Q`Ul`Oy) portion or portions of it block has been Alec with the city clerk requesting the In- . sraliation of such improvements in front of said part. said superintendent of streets Sud may. and upon the instructions of the legislative body of the city shah, notify the ow..er or person in , assesslon of the property fronting on tat portion of the street In such block in which no • • • sidewalks or curbs have been constructed there- tofore, to construct or cause to be constructed • • • sidewalks or curbs In front of ::is property. (As amended Stats.19A C 20%. p. 5129, 1 3; 8tats.l9614 m 2826, p. 3S93. # 1.2; $tats.190. c. I=. p. 378ti,; 3.) 1 5877. Service of notice; porsonai; snail Xotice to construct may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the • • • sidewalks or curbs to be constructed or by mailing a postal card. posture prepaid. to the person in possession of sucli property. or to the owner thereof at his last known address as the same appears on the last equalized assessment roll of 'such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (As amended Stats '19U e. 1837. p.8786.; d.) 1 5878. Costoats of notice; postlag The postal card shall contain a notice to construct the • • • sidewalks or curbs as the case may be. and the superintendent of streets shall, immediately upon the tuaillAg of the notice. cause a copy thereof, printed on a card of not less than 8 inches by 10 Inches in size, to be posted in a eonspicuum place on the property. (As amended Stats.19G3. G 1837. p. 3T87, i b•) / 5878.1 Time and place of bearing; hearing; finality of doeislon The notice also. shall specify the day. hour and plrce when the legislative body will bear and pass upon objections or protests. If any, which racy be raised by any property owner or otaer interested persons but in no case shall such hearing bit sooner than 10 days after giving of notice. Upou the day and hour Axed for the heating the legislative body shall bear and pass upon such objections or protests. The decision of the legislative body on all protests and objections which may be made. shall be Anal and conclusive. :Zte hearing required by this section shall be in addition to the bearing required by Section 6681 of this chapter. (ds amended Stats.29G1. a 2826. Ix 3893► 12-) s�. F 7 � No ice o GO Sk"cUG ttc�g� \cs nrUG� Mo %C.C. O� d J Alternative method of collection; inclusion of claim in tai bill; notice of lien; collection. As an alternative rnet:»;; of collection, o; the amount of the lien. the legislative body, a:. cr corTw . ation of the report of the superintendent of streets, may i orc:, r the notice o: lien to be turned over to the accounting officer and the tax collector of the city, whereupon it shall be the duty of those officer, to add the amount of the assessment to the next regular bill for taxes kevied against the lot or parcel of land. If c1ty taxes are cailccted by the county officials, the notice of lien shall be delivered to the county auditor. who rhall enter the amount thereof on the cou:uy asses trent book opposite the de.cription of the particular .:v rty and the amount shall be collected together with all other tars thereon against the property. The notice of 'sen shall be deliv- oriz,d to the county auditor before the date fixed by law for the deliv- ery of the assessment book to the ed6ty board of equalization. (Added Stats.1945, c. 1339, p. 2511, $ 1.) J .5994. Time and manner of collection; penalties; interest; foro- closure- Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collect- ed, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the lovy, col- . lection and enforcement of city taxes and county taxes are hereby Trade applicable to such special assesmaaent taxes. (Added Statta%Z. c. 1339, p. 2311, 1 L) 1 $893. Payment of assessr"Ats; annual Installments; Interest The krislative body shall have the tower, In Its discretlon, to determine that the payment of such assesstoents of fifty dollars (W) or more may be made in annual installments. in any event not to exceed 20. and that the payment of assess- nients so deferred shall bear intereseon the unpaid balance at a rate to be deter- mined by the legislative body, not to exceed • • • T percent per anaum. Said intemst shall begin to run on the 31st day after the eonfirm&Uon of the assew u:ents by tho legislative body. All such determinatlons may be expressed by rcoo- ' lut.ion of the legistative body at any time prior to the eonflrmation of the assess- Men:s. iAe4led by Stats.1957. c.:30, p. 003. f L Amended by Stats.1968. e. 086. p. ur;;eacy. eff. Aug. 2. WGS.) 1 5895.1 Bead issue; time for cash payMeat; rate of Interest If bonds are to be issued to represent the security of the unpaid assess• mcnM upon confirmation of the report by the legislative body the superintendent of streets span give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321. The period for payment In cash stated therein shall be 30 days following the confirmaCon of the report. .Upon comple- tion of such cash payment period. the superintendent of streets shall file with the county recorder a certificate -.:'.uvtantiaily in the form set out in Section 68111. giving notice tberetn that interest is payable at :, rate to be fixed upon the scale , of bones, which rate sba:l not exceed • • : percent per annum. (`hereafter the provisions of Part 5 of this dirislon shall be applicable and payunents on as &srncn:s at bond &hail be made as therein provided. Such bonds mzr be ibsued and sold as the legislative body directs end may be dated at any time after the expiration of the cash payment period. (Added by Stats.IWT. c. Gib, p. 1963.1 T. Amended by Stats.1988. e. 088. P. urgency. eff. Aug. 2.19f,&.) d S SM. Spotifeation o; work required; WWI to Comply with notice; waiver of C'-Are—\:b period The notice shall particularly spocily what work Is required to be done. and how ' e. n a ^�,'C :t 1,. to be done. arwhat materials shall ���` all he used In the construction and shall R- w►k� further specify that is the construction Is not commencer: within CO days after notice � Is given and di.'cFrntly and without interruption prosecuted to completion. the super- VW intcuZent of streets ehali cause the construction to be done. and the cost of the same �. done. shall be a Ilea on the property. However, upon petition by all of the affected prop- erty owners. the GO -day period may be waived and the superintendent of streets may immediately cause the construction to be done. and the cost of the same shall be a lien upon the property. (As amended Stats.1981, e. 1826. p. 38M J 3.) f $379.1 Bond issue The legislative body max adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 15 of We division. In such event, the notice shall also specify that bonds shall be issued to represent the security of the unpaid assessments. payable over a period of not to exceed 10 Scam and shall further recite a maximum rate of interest to be paid on the in- debtednes4 which shall not exteed • • e 7 percent a year. payable semiaanttally. (Added by Stats -M-7. C. GA p. 29K I ti► Amended by Stats W& e. 988 p. --1 i 3.' urgency. eff. Aur. 2.19G8a 1 SBSO. Construction by street supselateadent t 1f the construction is not commenced and prosecuted to completion with due'E►►� diligenm as required by the notice or by the legislative body after the hearing re-�� e�� c.uir,,%l by Section WMI of this chapter. the superintendent of streets shall forthwith is construct the • • • sidewalks or curl $. (As amended Stats.1963. C. 1837, p. 371;:.iW j SSSt. Notice of cost; service; COP=eats; Ume for hearing t:pon the con►piction of the construction, the superintendent of streets shall cause notice of the cost of the construaWn to be given in the manner specified in this article for the giving of notice to construct. which notice shall specify the day. 3 hour and place when the lcgtslat3ve " will hear and pass upon a report by tie superintendent of .streets of the cost of the construction. together with arty o6}ec�'! tions or protests. if any. which may be raised by any property owner liable to IX Assessed for the cost of such construction and any other Interested persona In UO case shall the hearing provided for in this section be sooner than 20 days after 1A Q giving of notice. It bonds are to be issued. the notice shall also contain the in- :orr:►ati wn requlmd by Scc:ion : SiCOL ` Sk- jfO D611ex The cost of the construction may include a proportionate share, as determined . by the legislative body. of the cost of improvements constructd in a place other than in front of a parcel of property wb" are required fs:.r the proper functioning o: the in►provements In front of the parcel. (As amcndod Stats.19G1. c. 18213► p. 3898► i {; 8tata.19A a 2837. P. 3787. 17; Stats. I W7. c. 615. P. IW*. i 6) _ L S 58S2. r.epozK or oacG Upon the completion otthe construction, �j-�..' p 14' the superintendent of streets shall prepare and rile with the legislative n body a Irport spee-fying the work which has been done. the cost of � 1,� Y1Q 0 coi-Lstruction, a description of the real property in front of which the work has been done and the asscs.•ment against each lot or parcel d r Lp land proposed to be levied to pay the cos; thereof. Any such report C.0si W > T t11 may include work done in front of any number of parcels o: property. • %%,hether contiguous to each other or not. (Added Stats.1945 1:1339. p. 2510, s 1.) on rc,ort; co:tfirmatioa; finality of decision. dry a:..::.,,:;; i'XeG ;or the hearing ins ;egisiative body shall :.J.: ::: G pdas ::_:.: ::.a report of the superintendent of streets, to- t���LS ✓ �� any Ga;.t;ions or protests which easy be rased by any of 1r i P-.'-3.-)'n-LYot:::',:: ;iabla to be assessed for such construction and C►ttt� (%'►'I\C:`, any inze: as;ed persons. Thereupon the legislative body may 0 C.A Sk% �. s"ch ret is;on. correction or modify ations in the report as it may � 0� teat.: ;;est, after Which, by motion or resolution, the report as sub- Con bh-� t.ea. or as revised, corrected or modified, shall be con.5rmed. The 4 legislative body may adjourn the hearings from time to time. The f decisions of the legislative body on all protests and objections which R� SC) QSR may be made, shall be final and conclusive. (Added Stats.1945, 1339, p. 2510, 11.) c. (Ac1 ,l,OS ' E ! 5890. Assessment of cost; ties ! `' The cost of the construction may be assessed by the legislative body ag=ainst tho i parcel of property fronting upon the • • ' sidewalks or curbs so constructed, and f. such cost so assessed. if not paid within five days after Its confirmation by the le;;isl.%Ure body. shall constitute a &;x -dal assessmtnt against that parcel of property, and shall be a lien on the property for the amount thereof from the time of records - tion of the notice of acs, which lkn shall continue until the assessment and all Interest thereon is paid. or until It Is discharged of record. (As amended Stats. ° IDA c. 163:. p. 3767. ! &.) 1943 AmonQmeM. Subotituted --Olde- • Matite or ewbe for -sidewalk or curb.-- ° ! 3991. Notice at lien; form; Map The superintendent of streets may Ale to the oMcs of the county recorder of the county in which the parcel of property Is located. a eeraAcats substantially Is the following form. to wit: Notice of Lien Pursrant to the authority rested In tae by the Staprovement Act of 2911. 1 did.- `} 1p ' on the ...... dsy of ....... 19... cause the sidewalk or curb to be constructed, v and the kgialative body of said city (cotwty, or city and county) did. on the .... day of ....... 19... by Resolution r0.. assess the cost of such construes � Q�' � LC C tion upon the real property hereinafter described. and the same has not bees paid nor any part thereof, and the said city (county. or elty and county), dols lien to the UGr hereby claim a on said real property sum of ...... dollars (a.:....). aad the same shalt be a lien upon said real property until the Bald sum. with In. ;crest at age rate of ...... percent ftnsert rate of interest os axed by le iWative ba.:y.: of to exceed 6 percent) per annum. from the said ...... day of...... :3.. (inser: date of th�� thirty-first day after oonttrmatloo of asessanNatX has been paid in full and aischarred of record. The real property hereinbefore mentioned and upon which a :ten Is claimed. Is tha; certain plow or parcel of land lying and being In the (namo of cityo or cUy m And county) the County of ......, Stats o'f ....... and particularly described as follows. to wl" (Description of Property) Dated this ...... day of.......19..- . ............... ........ .. ...... Superiawmkot of Struts (As amended Stats.107. c. 250. p. 904.1 2.) Effoct of rceordins notice; consolidation of claims; stat ut.o of limitations; foreclosure of lien. From and after the date of the r a. -or ding of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous er not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. 1S any such lien is not paid •- tha city may file and maintain an action; to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which dclinc,uent bonds bre foreclosed under this division. (Ached S:ats.l , c 1339, p.%5i1, 1.) 1 DE ,-% within Its boundaries *civlonx of 1144 chapter, (commenclug with See- arlct formed un er the 'art 3, 1)IZton .'r of the •amp letr by the adoption prior existing • • • funds of the • • • an shrill be transferred arxed and any emtructs • district shall become rtexcd. r 17. 1919.) d district eatitierAent to it to annexation of such aintetutnee district rrhall �dtvtrict and shall be en- ,terrltory annexed would 1949.) petitlen. charge ttpoa Chapter, • • • the et receipt of a petition Intenactee district Ask - da. e • • mmy. by buttattntioa and main - C dintrdct If the board pul.11e Interest for the le. if sufficient funds made or atter the tax kation of the additional 1 dleselutloa of zoos A0 dertnrcvl In its resola- 'S"Irt or any aunexAtion ry, Its Its resolution or- 'xntlon thereto, order the nt Ron" ratty be formed any annexntion thereto And hearing an are up. A of supervisors or legis- i$1efal servlet, or special ttirttenance district or the >*T Is eomntensurnte with tutaries of tax asteximent the ,mato manner' that a .rdditions by amendment STREETS AND HiGHWAYS CODE § 55871 When n zone is fortmd for the purpose of the construction or installation of aiee- elal facplitier in addition to th(„c prod& -d generstily hT the district or to re- pldee r.1-Olete tvtuipmetrt, The iwttd of supervisors or legislative Ix)dy may pro- vide at the time of funnntiou fur the autwantic dlssoluttutr of the rune upon payment of all a o”-tments attributable to the slreclnd factiltic4. (Ausended by Stnts.19T2, c. 952, p. 1511, 1 S.) CHAPTER 27. CONSTRUCTION OF SIDEWALKS AND CURBS Articla Section 4. Construction Outside of Jurisdiction (New) . _ _ .-...... _. • .......... • .5895-50 ARTiCLF. 1, GE—NERAI. PROVISIONS 1 5870. Block. street and driveway defined As used in this chapter: (a) "Block" means property facing one side of any street het.reed the next In- tersecting streets or between the terminus of n dedicated right -of -wily of a street and nn Intersecting street. "Street' does not Include an alley or other right-of- way unless It Is of the same width as a regular residential minftnum-width street approved As part of a master plan of circulation or streets by the governmental agency involved. In the case of nn alley. "block" means property facing both sides of any alley between the next intersecting streets or alleys, or between the ter- minus of an alley and an intersecting street. In the case of street lighting, "block" menns property facing the side of any street on which the Improvement Is W be constructed between the next Intervectin„ streets on the aide to be improved or between the terndnas of a dedicated right-of•wny of a street and a street Intersect - Ing the side to be improved: or property facing the Ode of any street on which the Improvement In to he constructed between tile next intersecting streets on the side to bn Improved or between the terminus of a dedicated right-of-way of a street and a street Intersecting flip side to be Improved and the property facing the op- jcosite side of the street. Where a "block" exceeds LOW feet In length. it length of frontage o1 1,000 feet constitutes a "block" as used In this chapter. It so designated by the superintendent of ,prem:.. A determination by the superintendent of streets of such a 1,000 -toot block establishes a "block" and cannot later be changed to Inclade a portion of said 1.000 -foot "block" In another "block." (b) "Driveway" means a paved portion of a public street providing an unob- structed pnsml:e tram the roadway to an offstreet area used for driving. servicing. parking, or otberwire Accommodating motor vehicles. (Amended by Stat%.190. c. 2T3. p. 023.1 1 ; Stats.19T1. c. 1:3, IL 204, f 1.) 1 5371. Scope of chapter; detlnitlon3 �i This chapter shall apply to the coa.tructlon of sidewalk%, gutters. pavementa4 tdrivewayA, and curbs and, the Invtallation of storm and sauttary drainage fn- ctltties,, water mains, piles, c•ondulta, tunnels, hydrants. and other necessary works and apprlisncvs for o parkway trre+, anti street lighting facilities to trout o: pz, rr,:E+ in un) triode whv:e a sidewalk. gutter, pavetuen4 dri-se ny, the Instrrltrfkm of storm and t:nnitary w.wr.r drainage fnellittes, water i ntnins, p'pe., cundnits, tunnel%, hydrants, And other necessary works and appll• atter, for pruvlding water s:ervIce, pnrkway trees. and street lighting facilities, I or curb or alt of them have been constructed theretofore In front of propertles Astsrltks • • • Indicate deletions by amendment t 35 i x _•. _... ^-ate .%• • •• '•.��^- N�� -�. �.L .rr- yy e�rE 7. •t. ...�.:r� -; .r; NtY •• .. •- �r Y��:�.�r�������r'�� .- :es%.sly :`� _. � F'".,..b..:�" r�.�i�wvs.�'":^3s.`.•{�fr6�N,ti�•.+r'.. ... r�r__�_�e1�'w�'.�in,��. ;i-_:..1-�.^w�.�Z.�,i':�..':'_t:.�'?�aIS►.i3ts'-���a�.�-1�'t��.:� 5871 STREETS AND HIGHWAYS CODE � ST EFTS Its rind 1110(•k ranxtltuti►►1; nr+)n• than fifty perrvut r.f ►hs' front resp a . or staid 1►LN•i for %%-here fl+r• owiserst s►f itiewl• thud (o1 n•rri•trt of th1• from: fa►tay;+• nr n:ul`,ttiou of sitelt inipr vc►r►c►st the Lbs k, ax Alsonvn by lin. I+r.t 1'tpt:eVred trw•+.•rr+trut r+dl of fhr city, fits a 11 -ti- h.r,i• +•r t+•r thh - city ul:•+M v inti» t: flues with the Cita• clerk rettim-:ting the lnxtalt rtinn of nuy xurh )nq.rot►•turnt...r n..•..I in rrur►t +'f so:ti 1►art. sta whew a petition rWwil i►y till. owuo-ea of ►wu.• than o.ialy prree:+t par -1 or the sttructi t� Lt of the lei lntive t►ott front ft,:-htue of any part of an unirnpr.rr+Yl )..0 th•n or 1»ortion. of If 1•1-N•k, 10,1e t.,, c..,�,• its Pf the Is tivertr frust, Nvis filed will, the rite clerk n,luesibls;tht h►+tulta►tnn vt stns h If, in st•ity h t tti.lewal ' or cnrlis i [rout of ,cold part. rts�r • n►n>t act" to Thl.( elon niter r:hall not nlrply to drivewuy o,nutructlots Fn front (►t A vacant lot, (liuts,►}r(1 ►y Sta to7t1. C..lti31. or b► front of an unlncproved protxrty, unless rr-qur:+ted toy the owrk,r.vest'- Caltt re+st N .1a viIwd In this chapter. "aide- 'aiks or curls~ Ireclu+les "gsrtterr.--drivewa}'s.," t'iorarrn.. etre tj )llighw•+Ja. "pavenwnt- to the miet►•rline of fhi• str►vt. •'full phvcusent- In pll,,M -norm and 1 5878.1 TI and place of it mtnitary drninnge facilities." -writer, malnot,"-pl11.•.. •-vontlititx." "tunne-U.- "h�-• III-luo Pon dram -."fired •'other ism- ary %-orkr+ site] apidinnn•x for providti+g water wrvirt� Thr not[ n a i!1 he•nr A pit" al►oastpccity n n -parkw•Ity t.ttirst." and "stmt lighting furiliti";- asset "superintemlent of strel.tn ° pnVrerty o 'n1 or other iutetr►+c inclruls•+ any other 1wr'ston or pemn•: who may i.e d.•slKunted by lite irKislative foody m.nnt•r 11, n 1 (tans Aft.r ttivluq to WrAmn any of the duties of the stutoerintentient of isttrets set forth in thtr hr:tring; he le [dy al [dative Daly chapter, it t) 11,NIC convenience 8111,11 "Fronflne" and "facing" nn u-e•e! In this chapter us banx-shutting- In (lit'. case of aunt- n front If • • • MIC' prelierty adjoining use alley Improve-ownt. of ir-tirths o Its tne►nhetsy Mn In the care of sttrtrt lighting, in deterndaing bow much of the front foulage of tet 11 n )x•tItion nen beta filed wl it [dock hay► been Improved. front fts►►tage of lwotwrty iso-nefith►1; from "I►•ting in- j pro%enivilm tl a Itglrinth-e M stalln►lon.• enssy 1►e Included reg+snll"is of the tilde of the Street on which lh►e in• _ -- sollption has toren constructed. is Slfirmatire v to of n tnajoiIl Ausended by StntiODC9. c. 181. 4f,! 1 1 • Statx.ISn11 c. 13:1. 2W 1 2; Stats. I o ly on till prole. s asset objection' 1�. lt)7b. r. 272, p. 153. 1 l.) p• The I►rarlssg tti uIrcil by this I Library refver+re•s bN bection MRM • •- Words and Phr•ar- (Pee n+.Ed.) tit 11170. a 1031. 1C ter ttedlCailoe! • • • land • 19T 1; c. 4S•1, P. '�1 trs, lis :udert of streets provctncnts; coq luatL est of Cunt ; haus; of Cities anti Artlele 4 add" tion, �r,T. .-e- orwt,ons t loft tendeat of atr" tserty. which M rsuant to the teat• deletions 3 SIDE11'AI.KS AND CURBS § 5873 Library References ('orporatioDS 0=x2_M(4). C.J.S. Dlunictn.il Corporations I 1015. Notes of Decisions eeOstroetion sed application curls. and mar not be used to compel re - T' • pr.cedure of this chapter 1e Aran- moral of csistin: curhs at the expense of ti, os,)r for the construction of new the lot owners. 11 Ops.Atty.Gen. 230. 5872. Alternative procedure; Inapplicability of special wiess- meat Investigation, limitation and majority protest act of 1931 Bits chapter constitutes a separate and alternative procedure for ;crforming the work specified herein, and except as otherwise pro- .. -I&A in this chapter, no other provision of this division, excepting ,14initions, shall apply to proceedings instituted hereunder. The "Spe- cial Assessment Investigation, Limitation and Majority Protest Act of 031-- shall not apply to any proceedings taken under this chapter. lAdded by Stats -1W, c. 1339, p. 208, 11. Amended by Stats.1963, c. 416. p.1231, 134; Sta ts.1963, c.1837, p. MG, § 1.3. ) t .S.—ti.,a 2sw et .eq. Historical Nota ' a 'ne I1M,'3 amenitnents inserted the tbis chapter" and "eleeptinr definitions" «ori. "eacept ss otherwise proVtdcd in in ilia first sentence. t Library References ' kwkipal Corporations *=%A C.J.R. Munk pal Corporations It 1035k i 1037. t 1 15873. "Cost," "Constrtletlon cost" defined '• As used in this chapter, "cost," "construction cost," or variants { thereof, means and includes both the actual cost of construction of the work and any incidental expenses, as defined in Section 5M. l (added by Stats.l963, c. 416, p. 1231, 435. Amended by Stats.1963, 1 C 1,837s, p. 3786, 4 1.4. ) Historical Note ib►M•e of fitat9t.190. e. 416, p. 12_'4. «" 116torieul Xote under repeal line for tl 5013-;,017. 343 1 41 § 5875 THE 1tiIPROVE IENT ACT OF 1911 Div. Article 2 PERFORMING THE NVORK SM 5875. Duty to construct. 5876. Notice to construct. 5877. Service of notice; personal; mail. 15878. Contents of notice: posting. 5878.1 Time and place of hearing: henring: finality of decision. b879. Specification of work required; failure to comply with notice; waiver of compliance period. 5879.1 Bond issue. dent. 5880. Construction by street superintendent. time for hearing. Notice of cost; service: 6882, Report of coat. o 6883. hearing on rep; confirmation: finality of decisions. Artide 8 was cdd6d by Stats.1945, c.1339'V'2508' g i. rtill to t I S87S. Datjr to construct The, owners of lots or portion* of lots fronting on any put,lie street or place. when 58O0.5 Credit for dedlt ntio= and that street or place has been improved hp the construrtlAn of sklewatks or curbs 1 5590.3 Crtdit tar dtdloatloot at for a total frontage of more than fifty percent (:,0:) on one side of such street or In assessing • • • land place in any block. or where a petition signtil by the vivarrs of more than sixty percent (W%) of the trout footage of the -block has been ttird Witt, the city clerk 0--i and for Improvements amy requesting the Installation of such haprort4nents. or Where a petition signed by (Add*4 by 8tats.2M1. c 464, p. I the owners of more than alxty percent (M%) of the front footage of any part of 1 &) an unimproved portion or portions of a block has been tiled with the city clerk re- LID y rehrsncw questing the Installation of Ruch Improvements in front of said part. or whenever HIshwars 4=45%. C-J� ""�'" 11 11R 17t. the legislative body of the city upon Its own motion or4era the installation of such ` improvements In fret of said part, shall have the duty of constructing or causing tie construction of sidewalks or curbs is front of their pr%*rtles u pen notice so ARTIME 4. CONSTRQ(TI to do by the saperinteadvet of streets. . (Amended by $tats.lMO, a lkM. p. 1843.1 1.) 580&W SuIxiintenAent of sheets • 58=1 Block Improvements; ea I 387L Notice to eonstrvot payment; fuarl. 5SP3M Asseoament of coat; Sm When the superintendent of streets finds that sidewalks or curbs Dart been con- 5893.34 Police power of cities an sttucted. or that their construction has been guaranteed to his satisfaction, in front 'Artlols j sued ` of properties constituting more than fifty percent {;,05'e) of :.Ae frontage In any T block. or wbtre a petition signed by the owners of more than sixty percent (60%) of the front footage of the block has .been filed with the city clerk requesting the Library r�tttnwees QJ.s�Stante C� 1 105 ' installation of such Immprovu ate. or where a petition signed by the owners of f / titi9s.5A 3aporiatsedarEat steel nwo than sixty pe. t (W*) of the frost footage of any part of an unimproved Whenever the prey. Wb'W1 portion or portions of a block has been nkd with the city clerk requesting the In- i to be � � Underline Itdicatts'ehaspes or .ddltions by amoodeent < A*Wskt • a • ladleate ritletkm 36 ' the. fr,a►t f.xange of the frust fos►tsige! or the city, tilt a Ih•ti- ,rreh itr►procotru•ntx or 1wrtrut (1;41- 1 of the r1itorm of ,► Mock 11+1A '.:urh linproveinenis In "cont of a vacant lot. 1►e owner. «�. ••itrtr•ewnm" STItF..'IS AND 111C.11WAYS CODE § 5895.50 >tNllatiAIt of %Itch ttnpruvmIlents in front of %:►{d part, or whenever thp. 1p;:islxtive body of the city upon its Own motion has ord.m,t tit,! I %,7t tatiun sf such iJ o`'►` n►put.+ in froof :<ahl part.att, said r nl,erintcnsh lit of rtn— 111-1y. and utu�u the nt in atructiots of the Icgistnthe hotly of the city shall, notify owner owner or (K•ron In po"Nkstion (it the pmIx•rty frmrtin;: tin flint iKntion of the sts.�s t !n Much ),lock in wF►icl► no stJs•+v,dks or curl►s hn►•a Ix•rtt rots,tructttil theretofore. to construct or cause tat be t,,structed sidewalks or curt- in front of ills property. (Amended by Stnts.lDTO. t loll. p. 15.13. 12.) ► rormss Ree 1Vest'a cnlltornla Cote Forms. Streets k Hixhwaya. § 5877. Service of notice; personal; mail Notice to construct may be given by delivering a written notice Personally to the owner or to the person in possession of the Property facing upon the sidewalks or curbs to be constructed or by mailing a Postal card, postage plrpaid, to the person in possession of such prop- erty, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown In the records of the office of the clerk. (Added by Stats.1945. c. 1339, p. 2509, 9 1. Amended by Stats.1963, c. 1837, p. 3786, 14.) Historical Note The 1963 amealtnent wade the words •sidewalk" and "curb" plural. Llerssry References Muatdpal Corporations 4C=+381(3). WA Muaidpal corporations f 1004. § 5878. O. uentents of notice; posting The postal card shall contain a notice to construct the sidewalks or curbs as the case may be, and the superintendent of streets shall, Immediately upon the mailing of the notice,. cause a copy thereof, printed on a card of not less than 8 Inches by 10 inches in size, to be posted in a conspicuous place on the propei-ty. (Added by Stats.1945, c. 1339, p. 2509, 4 1. Amended by Stats.1963, c. 1837, p. 3787, 15.) Historical Note The 190 amendment r►►ade the words .sidewalk" sal "curb" plural. ! 86711.1 Time send place of hearing; hsaring; finality of decision Tito notleo nlxo sha:l specify the day. hour, slid plate when the legislative body will hear and pass upon objcrtlons or protests. If nny. which may be rallted'hy any property owner or other interested per•sori•► lust In un case ehnil such heating be sooner than 10 days after giving of notim. Upon the tiny and hour fixed for the hearing, the legislative Itody shall heor and pam upon aitch ohj► ::ions or protests. If the public convenience atul ne amity rwl►tim the instailntlon of such Improve- menbi In front of • • • x►►ch part, the Ir„ Isiative body, by an affirmative rote of four-fifths of its ineinl►em.utny override such objection' and protests. llo%vever. when a petitiat has been tiit-,1 with tlw city clerk rrqur+ting the hsetnllatiou of such Improyententx, the hgixlntive t►ody cony outrule sorh objection, and protextx by an affirmative rote of It maJr.rity of its n►en►txn. The deet-tioti of the )egishttive bony on all j;ro and is o1 Jrrtlonx ►vhlch may he uuule, %hail use final and conclusive. The hearin: required by this section shall be h► addition to the hearinr, required by section rMl • • •. (Amended by StAWAOTO. e. 103I. It. 1,54 1. 1 3; Stnts.la73, c. 789, p. 1403. i* 1.) Pt tri qW Ft. g SIDEWALKS AND CURBS § 5880 5879. Specification of work required; failure to comply- with notice; waiver of compliance period The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in Lhe construction and shall further specify that if the construction is rot commenced within 60 days after notice is given and diligently ;,pd without interruption prosecuted to completion, the superintend- ent of streets shall cause the construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by all of the affected property owners, the 60 -day period may be waived and the superintendent of streets may immediately cause the con- struction to be done, and the cost of the same shall be a lien upon the vroierty. (Added by Stats.1945, c. 1339, p. 2509, 4 1. Amended by Stats.1961, c. 1M P. 3896, 13.) Historical Note The second Bente" was ml.led In 1961. Library References Uarik4pal Corporation% x'31(4). C.I.S. MunIdIml corporations if 111:5. 1077. 15879.1 Bond issue The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice shall also specify that bonds shall be issued to represent the security of the unpaid as- sessments, payable over a period of not to exceed 10 years, and shall further recite a maximum rate of interest to be paid on the indebted - M, which shall not exceed 7 percent a year, payable semiannually. (Added by Stats.1967, c. 615, P. 1969, 15. Amended by Stats.1968, C. 9S6, p. ----, 13, urgency, eff. Aug. 2,1968.) Historical Note The tsterost rate was Inerca%ed frown tl to , Percent a year In ]063. Library Refereaces uunkipal Corporations C=435(1). W.S. Municipnl Corporations if 1453. 1 5880. Construction by street superintendent If the constriction Is not commenced and prosecuted to comple- tion with due diligence, as required by the notice or by the legislative b'JdY after the hearing required by Section 5878.1 of this chapter, the wperinten dent of streets shall forthwith construct the sidewalks or Mrim IACI(W by Stats.1945, c. 1339, p. 2509, § 1. Amended by Stats.1963, c.1,%37►p. 3787, 16.) 347 § 5880 THE IMPROVEMENT ACT OF 1911 Dig.. a Pt. 3 to be levied to IN Historical Note work- done in fro The 1063 amendment made the word contiguous to eacr "sidewnik" plural and added the words "or curbs". (Added by Stats.l Library References Municipal Corporations C=^.3l (4). C.3.8. )funtcipul Corporntions ff 10;;.. § 5883. neu ]oi . Upon the da § 5881. Notice of cost; ser%ice; contents; time for hearing shall hear and together with Upon the completion of the construction, the superintendent of of the p>l�opeh rn streets shall cause notice of the cost of the construction to be given in any other into the manner specified in this article for the giving of notice to con - make such rcwlsi struct, which notice shall specify the day, hour and place when the may deem oris legislative body will hear and pass upon a report by the superintend- submitted, as ent of streets of the cost of the construction, together with any it The legislative objections or protests, if any, which may be raised by any property The decisions of owner liable to be assessed for the cost of such construction And any which may be i mc other interested persons. In no also shall the hearing provided for In this section be sooner than 10 days after giving of notice. If bonds (Added by Stats.l are to be issued, the notice shall also contain the Information re- quired by Section 5873.1. The cost of the construction may include a proportionate share, Muntelpea Corporal as determined by the legislative body, of the cost of improvements constructed in a place other than In front of a parcel of property which are required for the proper functioning of the Improvements in front of the parcel. (Added by Stats -1945, c. 1339, P. 2509. 11. Amended by Stats.1961. COL c. 1826, p. 3896, 14; Stats.1963, c. 1837, p. 3787, 17; Stats.1967, c. 615, p. 1964, 16.) �"- b880. Assessment Historical Note ti891. Notice of 114 The 100 amendment added the second The 1901 amendment added the third ag$St. %!feet ofr sentence. sentence of the tint paragraph. limitation The second paragraph was added to 6895. Alternative 190& alar tax b Cress Refersnos 689. Time and:n 6896. Payment of Notice to eoostrutt, see t UM 6896.1 Sond isms; Library Referents dlticip S i Dtunicipal Corporations C -M(1). C.J.& Municipal Corporations i MM § 5882. R^port of cost § 5890. An Upon the completion of the construction, the superintendent of The cost of 1 streets shall prepare and file with the legislative body a report speci- body against lbs fying the work which has been done, the cost of construction, a de- curbs so constm scription of the real property in front of which the work has been days after its Col' done and the assessment against each lot or parcel of land proposed special asses wn 348 rt 3 SIDENVALKS AND CURBS § 5890 to t c levied to pay the cost thereof. Any such report y include ,,rk done in front of any number of parcels of property, whether contiguous to each other or not+ aAdded by Stats.1945, c.1339, p. 2510, 11 5883. Hearing on report; confirmation; finality of decision Upon the day and hour fixed for the hearing the legislative bo iy shall hear and pass upon the report of the superintendent of streets, l,�Cether with any objections or protests which may be raised by any the property owners liable to be assessed for such construction and any other interested persons. Thereupon the kgislathv body may make such revision, correction or modifications in the report ns it ray deem just, after which, by motion or resolution, the report as ,ubmitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections r►hich may be made, shall be final and conclusive. I Added by StAts.1945, c.1339, p. 2510, § 1.) UDrary Roftrencts 1,tw,icip31 corporations C -28S(1). 01.9. Stuaicipal Corporations I 10M Article 3 COLLECTION OF COST OF CONSTRUCTION see. 1494. Assessment of cost; lien. *-391. Notice of lien; form; filing. SM. Effect of recording notice; consolidation of claims; statute of limitations; foreclosure of lien. Alternative method of collection; Inclusion of claim In next reg- ular tax bill; notice of lien: collection. !'z`jI. Time and manner of collection: penalties: interest; foreclosure. 105. Payment of assessments: annual installments; interest. -19S.1 Bond issue; time for cash payment; rate of interest. Article 3 uxis added by Stats. 045, c. 1339, P. 2510, 1 1. 15890. Assessment of cost; lien The cost of the construction may be a sensed by the legislative bOk' against the parcel of property fronting upon the sidewalks or curbs so constructed, and such cost so assessed, if not paid within five daYs after its confirmation by the legislative txxly, shall constitute a :Pedal assessment against that parcel of property, and shall be a lien 349 i i fj �I 5890 THE IMPROVEMENT ACT OF 1911 Div. 7 on the property for the amount thereof from the time of recordation of the notice of lien, which Men shall continue until the assessment and all Interest thereon is Paid, or until it is discharged of record. (Added by Stats.1945, c. 1339. p. 2510, 1 1. Amended by Stats.1963. c. 1837, p. 3787, (8.) Historical Note "t 1X'1 amendment substituted 'aide - Wallis or curbs" for "sidewaii; or curb." library Reference Municil al Corporations C-1_00, 51P(5). C.J.S. %lunicipal Corporations ff 13v! M. l3M. Seo. 5800.5 Credit for dedications and Imptovemrnts i ewl 5690.5 Credit for dedicatloas and loproveeteots In asseasing • • • land • e •. credit mar be • • • given for dedles- ttons and for improvements conatriwted at private Vxpen" • • *- (Added by Stats.10T1. c. 481, p. 9C9, 11. Amended by State.1974. e. M. p. 1637. Library reterenc•e Nithxnrr�, 0:02U C. VAR, is Us. 1U. 5891. Notice of lien; form; filing The superintendent of streets may file In the office of the county recorder of the county in which the parcel of property Is located.. a certificate substantially In the following form, to wit: Notice of Lien Pursuant to the authority vested In me by the Improvement Act of 1911, I did, on the ...... day of ....... 19. ., cause the sidewalk or curb to be constructed, and the legislative body of said city (county, or city and county) did, on the ...... day of ......0 19..9 by Resolution No....... assess the cost of such construction upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ...... dollars ($...... ), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ...... percent (insert rate of interest as fixed by legislative body, not to exceed 6 percent) per annum, from the said ...... day of . . . .. ., 19.. (insert date of the thirty-first day after confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the 350 Pt. s (nmma _ C. Sec I Pt. 3 SIDEWALKS ANI) CURBS § 5893 (name of city, or city and county) the County of ....... State of ..... ., and particularly described as follows, to wit: (Description of Property) Dated this ...... day of .......19... Superintendent of Streets (Ad(ed by Stats.1945, c. 1339, p. 2310, § 1. Amended by Stats.1937, c. 250. p. 904, 12.) Forms �n 1:'cst's Califnre"a C•nle Forms. Streets and lli;ltwars. Historical Dote The prodalon in the form of notice re- said dnr of .. lfl.. fineert lain; to interest v.os rewritten in 195T. date of confirmntion of asses.turnt). has i'resio.tsl7 it bad rend: -with laterest at been paid is full and dischorced of record." tt.e rate of Q pereeat per annum, from the Library References Xusicipal Corporntions CJ.S. 11untrit•al Cortse•rattans It VIM- 157L 'M- 5$92. Effect of recording notice; consolidation of claims; st-.it- ute of 11mitatlows; foreclosure of lien From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may Include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limi- tation shall not run against the right of the city to enforce the Ixty- ment of Cie lien. If any such lien is not paid the city may file and mWntain an action to foreclose such lien In the same manner and un- der the same procedure, so far as applicable, as that under which de- linquent bonds are foreclosed tinder this division. (Added by Stats.1945, c.1339, p. 25511, 11.) Library References ?Inni•-ipal Corpornti•,ns C=aa10(1). CXR. alunie•ipal Corporations i 1:•Gl et seq. § 5893. Alternative method of collection; ineltulon of ctal.-r. In next regular tax bill; notice of heir; collection As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superin- tendent of streets, may order the notice of lien to be turned over to the accounting officer and the tax collector of the city, whereupon It shall be the duty of those officers to add the amount of the assess. - Ment to the next regular bill for taxes levied against the lot or parcel 351 5 1, § 5893 THE IMPROVE N1ENT ACT OF 1911 Div. Pt. 3 of land. If city taxes are collected by the county officials, the notice of lien shalt be delivered to the county auditor, %%•ho shall enter the The inte' amount thereof on the county assessment book opposite the descrip- to 7 ptrceu tion of the particular property and the amount shall be collected to. gether with all other taxes thereon against the property. The notica! of lien shall be delivered to the county auditor Mom the date fixed see Wei by law for the delivery of the assessment book to the county board of equalization. (Added by Stats.1M, e.1339, p. 2511, 11.) Library Rsferesm J+duni�ai►a1 Corporations a32L W.S. Munirlpal Corporations 11 13 -►2. 157-{, IM § 5891 § 5894. Time and maturer of collection; penalties-, interest; fore- l; closure ssessmt Thereafter the amount of the lien shall be collected at the same the sups publicut time and In the same manner as ordinary city taxes are collected, and and 432 shall be subject to the same penalties and interest and to the same days fol procedure under foreclosure and sale in case of delinquency as pro- such ca vided for ordinary city taxes. All laws applicable to the levy, collec- with t tion and enforcement of city taxes and county taxes are hereby made out In c. applicable to such special assessment taxes, rate to (Added by Stats.19415, c. 1339, p. 2311, 11.) percent Sion sill Crnsa Rab»aces made a Chartered cities, tbaass of time of tax proceedinm sse Government Code 143122. leglSiat Cities and tonntisa. collection of taxes at time sod in masser of county taxes, ate Cor• Godo 51518. t erwotnt f ration City taxes. coneetion at time and in m3noer of county ta=ts, set Govsrumeot Cv& y dl (Addle Counttaxes. Collection tencrally, see Revenue and Taxation Code 12001 et sed. qMp. Levy, see Revenue sad Ta..ation Code 12151 et aces. Library Reforsom Municipal Corporations 4=324. C.J.B. uanicip at Corporations 1 15-M The b t b i palm § 5895. ?Payment of assessments; annual Installments; Interest The legislative body shall have the power, In Its discretlon4 to de- termine that the payment of such assessments of fifty dollars ($50) or more may be mate In annturd lnstallmentN in any event not to ex- ceed 10, and that the payment of assessments so deferred shall bear Interest on the unpaid balance at a rate to be determined by the legis- ; ?alive body, not to exceed 7 percent per annum. Said Interest shall begin to run on the 31st da a!ter the confirmation of the assess- ; ments by the )ea:slailve body. .ill such determinations tray be ex- pressed by resolution of the legislative body at any time prior to the : confirmation of the assessments. (Added by Stats.19.57, c. 250, p. 903, 1 1. Amended by Stats.1968, C. 986, p. 4, urgency, eff. Aug. 2, 1963.) 352 + 1't. 31 SIDEWALKS AND CUitt3;S § 5895.1 Historical Note Tl:e interest rate teas increased from 6 to ; percent a year in 19M Forms Sce \Ccst's California Calc Form•, Streets an4l IligLwnrs. Llbrary References %Innieipal Corporatiows �•;,^), 5A2. CJ.C. Jlunicipal Corporations 11 13722Z74. ZSO. — § 5895.1 Bond Issue; time for cash payment; rate of interest If bonds are to be Issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321. The period for payment in cash stated therein shall be 30 days followini, the confirmation of the report. Upon completion of such cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5501, giving notice therein that interest is payable at it rate to be fixed upon the sale of bonds, which rate shall not exceed 7 percent per annum. Thereafter the provisions of Part 5 of this divi- sion shall be applicable and payments on assessments at bond shall be made as therein provided. Such bonds may be Issued and sold as the legislative body directs and may be elated at any time after the expi- ration of the cash payment period. (Added by Stats.1967, c. 61.5, p. 1965, 17. Amended by Stats.1968, c. W. P. ---, 15, urgency, off. Aug. 2,1968.) or causing JIM Ice so bmn ren - In front A* In all). t (60%) Ing er the o'rnerx of enimprotcrl 'ting the In- asteadme:tt ARTICIX 4. CO STRUMON OIJTgIDE OF JURISDICTION INEWI Seo- �� r,U 3Ri1.►.;.3 Superintertdert of streetlt; etuthorlty. Block itnprovenwrits; cow;crlt of Wly. Pajment ; fund. As:ecsntent of coat; licit; collection. Police power of cities and conntim Article 4 udded by Stntr.1969, c. Yat. p. 685, 11. Libraryy reter•ntet Munir.Ipai Corporntiornm C-:127'. C.J.9. onlclpot Cvrpornttons ; IA59. i 5M.50 Superintendent of streets; authority Whenever Me propprty, which fronts on an area where improvements are rrgiilred to be cortrtructrtl pursunnt to the proylslons of this chapter, plea entirety or pArtlal- Asterisks • • • Indicate deletions by amendment 37 § 5895.50 STREETS AND HIGHWAYS CODE ly wltbitf a city or unincorporated territory of n county and the hnprovenunt arca or portions thereof lie within one or more tither eltles or unintorrmrated territory of one or more other countles. the su;+erintendent of streets of any city Sir county having jurisdiction over id) or a portion tit the arra to be Improved shall have full authority to i*rve notices, to construct, anti to do all work contemplated by Article 2 (commeneiny % Ith :Section :STS) anti Article :3 (cornsnencing with Section og-%) of this chapter, notwithsstending the fact that the property fronting on the improve- ment arca lies entirely or partially within another city or unincorporated territory of another county. (Added by Stats.ltiM. e. 276, p. 60-5, 1 1.) 1 5895.51 Block Improvernents; consent of tesil;lative body Whenever a block. on which Improvetrtents are required to be coltatnteted ISSir• suant to the provisions of this chapter, lies arithin a elty or uninrorporntrd ter- ritory• of it 'county and within one or more other cities or unincorporated territory of one or more other counties, the superintendent of streets of any city or county having jurts4iction over a part of the block shall have full authority to serve notices. to constntct, and to do all work contemplated by Article 2 (commencing with Section 5375) and Article 3 (commencing with Srctlou MV) at time chapter In that portion of the block lying in this territory of another jurlsdictlon after the superintendent obtains tomwat from the legislative body of that jurisdiction. Tho consent of the legtalntive body shall be given by resolution adopted by a majority vote of the Iwtly'a membership. Thereafter. except as provided In Section 5M54. the city or, county whose superintendent of streets obtained the consent Mall have jurisdiction over such areas for the purpose of sidewalk or curb con- struction. (Added by Statss.1M, c. 278. p. MS. 1 1.) 5895.52 Payment; fund The city or county proceeding under the provisions of this article may pay for such work out of the road fund or any other fund arailsbie for such purposes. (Added by Stats.li>SJ. c. 216. p. M 1 1.) 1 5895.53 Asi.esssment of ebst; Ilea; collection The kttislatire body of the city or county which undertakes the construction of Improvements pursuant to the prorislona of thli article shall have the authority to levy an asssessmGut to pay the coat of any such construction of Improvements. "t - withstanding the fact that the improvement+ or the property fronting on the lm- prorentents ties out%lde the territory of the city or county. e a e Such assess- ment shall be levied. shall be it lien e e e, and shall be collected In accordance with the provisions of Article 3 (commencing with Kection SM) of this chapter. The assessments to collected shalt he paid to the treasurer of the city or county under whose authority the Improvements were constructed. (Added by Stuts.198t1. c. 278. P. ft28. 11. Amended by Stats.19M. e. 210. tk 464, 1 1.) "70 Amendment. Combined the former iso *"ment avid all Interest thereon is paid tuo paragraphs into a single paraxraph, or until 1+ Is discharged of record. addtns the second wnte" and deletlre the -The provislons of Sections 1393 Sm. tonner last sentence of the first paragraph and ws shall be applIcable to the ooileetton and former first sentences of the last para- and wntorcement of all iters levied pursuant h, which deleted sentence& read: to the provisions of this se¢tiom.•' "Tho assessment shall be a Ise. on the property for the amount thereof until the 1 b89S.54 Police power of cities sad counties Nothing contained In this article shall limit In any manner the police power of any city or county with reference to any sidewalk or curb coustructed untler the provisions of this article. (Added by Stats.19". c. 27(1. p. M 1 1.) Underline Indicates changes or additions by amendment 38 CHAPTER 23. AND 1 5896.5 Initiation of pr petition; dots Proceedings for a tone tnlnation of the legislative (a) Iii order to tnitlate 1 e e e (1) Describe 5181 e e 0 M Generally describe f (3) Request that prom sloe. (b) In order to IatUate city or a public utility by (Amended by Statx.IVM 1 5898.8 Number of sil A petition for proem fire owners of asxtssab last equalised assessms than one -Mall of the as district. (Amended by Stata.297% i 5808.& Resolution of I Upon presentation of termination pursuant to adopt a rMlution deft (Amended by StaW9M 1 389L14 Work to be di Bubjeet to applicable i anunlcatlon factltties„ to any lot or parcel of Last strutxt4, relocated or ca Deese. Such work frilly i or city performing the c intent to be levied upon i written request therefor e:pressty authorize the respective officers, purpose and shall anis Of such work and the Inc The proftsdons of tui owner of a lot or parcel (Aimended by .States MO, Astsrlsks • e e tadioat