Chapter 3. Preliminary Report And Resolution Of Intention of California Streets And Highways Code >> Division 14. >> Part 3. >> Chapter 3.
Before adopting a resolution of intention, the city council
shall order the city engineer to prepare and file with it a report
containing substantially the following matters:
(a) A statement of the public ways or portions thereof to be
lighted.
(b) A general description of the lighting systems to be maintained
and operated.
(c) A statement of the general items of maintenance and operation
proposed to be furnished the systems. Such items may include electric
power, gas, repairs, replacements, and any other items necessary for
the proper maintenance and operation of the systems.
(d) A statement of the estimated cost of maintenance and operation
for the first year and an estimate of the amount of electric power
necessary for the operation of the system each year.
The city council shall order the engineer to prepare and
file with the report a map or plat of the district to be benefited by
the maintenance and operation and which is to be assessed to pay the
expenses thereof. The map or plat shall also show the public ways to
be lighted under the proceedings and the approximate location of the
lights to be maintained and operated thereon.
The report and map shall be presented to the city council
and examined by it and either the report or map, or both, may be
modified by the city council at any time prior to the adoption of the
resolution of intention. When the report and map are finally
approved by the city council, they shall be filed with the clerk.
The resolution of intention shall contain:
(a) A statement of the public ways to be lighted.
(b) A general description of the lighting systems to be maintained
and operated.
(c) A statement of the general items of expense of maintenance and
operation proposed to be furnished for the street lighting systems,
the cost of which is to be assessed in whole or in part against the
lands within the district. Those items may include electric power,
gas, repairs, replacements, and any other items necessary for the
proper maintenance of the street lighting systems.
(d) A statement of the estimated cost of all other items of
maintenance and operation to be furnished the systems in the district
for the first year; in addition, a separate estimate of the amount
of gas or electric power necessary for the systems each year.
(e) A general description of the boundaries of the district to be
benefited by and to be assessed to pay the costs of the maintenance
and operation.
(f) A statement of the length of time, which shall not exceed five
years from the date of the formation of the district, that the
maintenance and operation shall be furnished for the systems.
(g) Notice of a public meeting and public hearing shall be given
pursuant to Section 54954.6 of the Government Code. All persons
having any interest in lands within the district liable to be
assessed for the expenses of the maintenance and operation may be
heard at the public meeting and the public hearing and any of these
persons may present any objections that they may have by written
protest filed with the clerk at or before the time set for the
hearing.
(h) If assessments are to be levied, the notice, protest, and
hearing procedures shall comply with Section 53753 of the Government
Code.
The city council may order in the resolution of intention
that a certain percentage of the costs of such maintenance and
operation shall be paid out of the treasury of the city from such
fund as the city council may designate.
The resolution shall refer to the map or plat on file with
the clerk for the boundaries of the district to be assessed, the
public ways to be lighted and the approximate location of the lights
thereon.
After the passage of the resolution of intention, the clerk
shall publish it by at least two insertions in a daily or weekly
newspaper of general circulation designated by the city council for
that purpose. Copies of the resolution headed "Notice of formation of
lighting maintenance district" in letters not less than one inch in
height, and signed by the clerk shall be posted by the superintendent
of streets not more than 300 feet apart, and not less than three in
all, along all open streets within the district. The first posting of
notice and the first publication of the resolution of intention
shall each be at least 20 days before the date set for the hearing of
protests.