Article 1. Definitions And General Provisions of California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 1. >> Article 1.
This chapter shall be known as the Community Facilities Law
Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
"City" means the city in which the district is located. If a
district is not entirely within the boundaries of a single city,
"city" means the initiating city.
"District" means any district which is formed pursuant to
this chapter or pursuant to any law which it supersedes.
"Governing body" means the city council or other
legislative body of the city.
"Initiating city" means the city whose governing body
initiated the proceeding for the formation of a district which is not
entirely within the boundaries of a single city.
Improvement means any or all of the following:
(a) The acquisition or construction of sanitary sewers of all
types, including, but not limited to, outfall, trunk, intercepting,
connecting, lateral, and house connection sewers.
(b) The acquisition or construction of sewage treatment plants,
works, or systems.
(c) The acquisition or construction of other improvements, works,
or system for the collection, transmission, treatment, or disposal of
sewage or industrial waste.
(d) The acquisition or construction of sewers, drains, pipelines,
conduits, culverts, or ditches for the collection, transmission, or
disposal of surface or storm water.
(e) The acquisition or construction of other improvements, works,
or system for the purpose of surface or storm water drainage or for
the purpose of flood control.
(f) The acquisition, construction, or extension of waterworks,
water systems or water distribution systems.
(g) The acquisition or construction of works or improvements
appurtenant or related to any of the works, improvements, or systems
described in subdivisions (a) to (f), inclusive.
(h) Additions to, or the reconstruction or improvement of, any of
the works, improvements, or systems described in subdivisions (a) to
(i) The acquisition of any land, rights-of-way, capacity rights,
rights of use, or other property needed for any of the works,
improvements, or systems described in subdivisions (a) to (h),
In cities within a county of the 20th class, as defined in
Section 28041 of the Government Code, improvement shall also mean the
acquisition, construction, maintenance, and operation of any public
buildings which would serve as a community center facility,
including, but not limited to, an exhibition building, an auditorium,
a stadium, and a sports arena; and the acquisition and improvement
of any land, rights-of-way, rights of use, or other property needed
for any of the improvements described in this section, or for
offstreet parking facilities therefor.
For the purposes of this section, at the hearing held pursuant to
Section 4611, the governing body may exclude from the proposed
district any territory the inhabitants of which would not be
benefited by the proposed improvements as finally determined.
This chapter does not affect any other law under which
improvements may be made within or by any city but it provides an
alternate system of proceedings for sewer work or improvement.
Improvements may be made either pursuant to this chapter, or pursuant
to any other law. If, however, any proceedings are commenced
pursuant to this chapter, its provisions apply to any improvement
made under those proceedings until such improvement is completed.
If, after an improvement has been made pursuant to this chapter,
the governing body of any city determines that it is necessary or
convenient to make any additional improvement, the governing body may
proceed to do so either pursuant to this chapter or under any other
appropriate law. If the additional improvement is made pursuant to
this chapter for the same district, the procedure shall be the same
as that which is provided under this chapter for the making of the
initial improvement. It is not necessary to reform the district if
the governing body finds, following the hearing which is provided for
by Section 4611 that the additional improvement is of benefit to the
entire district which was previously formed under this chapter as
such district is then constituted. As an alternative method, the
governing body may make such additional improvement by forming a new
district pursuant to this chapter which may include, in whole or in
part, territory which is included in any district previously formed
pursuant to this chapter.