Chapter 2.5. Elections of California Streets And Highways Code >> Division 12. >> Chapter 2.5.
Approval of the owners of land for any improvements
specified in Section 10112 may, at the discretion of the legislative
body, be secured through an election.
(a) Notwithstanding any other provision of law, the election
may be conducted by mailed ballot pursuant to Chapter 1 (commencing
with Section 4000) of Division 4 of the Elections Code, regardless of
the number of voters eligible to vote. Prior to the election, the
legislative body shall provide for published notice of the election
at least once a week for two weeks. Only one vote may be cast for
each parcel of land within the territory proposed to be studied.
(b) If the landowner is a partnership, joint tenancy, corporation,
or tenancy in common, the vote to which the landowner is entitled
may be cast by any of the partners, joint tenants, or tenants in
common. However, only one vote may be cast on behalf of the
landowner.
(c) As used in this section:
(1) "Landowner" means any person shown on the last equalized
assessment roll as the owner of land. However, if the ownership of
the land is changed after the making of the last equalized assessment
roll, the new owner thereof may vote upon the production of evidence
of ownership of the land.
(2) "Parcel" means any parcel as identified on the last equalized
assessment roll.
The measure to be voted on shall include a description of
the improvements proposed, a map showing the territory to be
benefited by the proposed improvements and proposed to be subject to
assessments, and an estimate of the costs of the improvements
proposed. The measure to be voted on shall be approved by the
legislative body after holding a public hearing.
The proposition is approved if a majority of the voters
voting approve the measure.
If the measure is approved by the voters, assessments shall be
levied and collected pursuant to Chapter 5 (commencing with Section
10400). The legislative body may pay the cost of the work described
in Section 10112 prior to the collection of assessments.
Any assessment imposed pursuant to this section may be collected
in installments over a period not to exceed five years.
Notwithstanding Section 10123, the legislative body may
delay the collection of the assessments imposed by Section 10123
until the time an assessment district is created pursuant to Section
10200 to pay the costs of a water supply system project, or a
sanitary sewer and facilities project, where the costs of proposed
improvements for such a project have been approved pursuant to
Section 10123.
If an assessment district is created pursuant to Section
10200, the legislative body shall include the assessments imposed by
Section 10123 with the assessments imposed by Section 10200 within an
assessment district created to pay the costs of a water supply
system, or a sanitary sewer and facilities project, where the costs
of proposed improvements for such a project have been approved
pursuant to Section 10123.