Section 5024 Of Part 1. General Provisions From California Streets And Highways Code >> Division 7. >> Part 1.
5024
. "Incidental expense" includes all of the following:
(a) Compensation for work done by the engineer, and attorney's
fees or services in proceedings pursuant to this division.
Notwithstanding the foregoing, if a court of competent jurisdiction
renders a final judgment that invalidates in whole or part the
formation of the assessment district or the levy of assessments, any
attorney's fees and engineering charges incurred by the city in
defending that litigation are not incidental expenses and shall not
be charged against the assessment district in any manner except as to
those claims upon which the city prevails and as allowed by a court
of competent jurisdiction.
(b) The cost of printing and advertising provided for in this
division, including the treasurer's estimated cost of printing,
servicing, and collecting any bonds to be issued to represent or be
secured by unpaid assessments.
(c) The compensation of the person appointed by the superintendent
of streets to take charge of, and superintend any of, the work.
(d) The expenses of making the assessment, of the collection of
assessments by the superintendent of streets when directed by
ordinance to receive payments pursuant to Section 5396, and of
preparing and typing the resolutions, notices, and other papers and
proceedings for any work authorized by this division.
(e) The expenses of making any analyses and tests to determine
that the work, and any materials or appliances incorporated therein,
comply with the specifications.
(f) All costs and expenses incurred in carrying out the
investigations and making the reports required by the provisions of
the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 (Division 4 (commencing with Section 2800)).
(g) The cost of title searching, description writing, right-of-way
agent salaries, appraisal fees, partial reconveyance fees, surveys,
and sketches incident to securing rights-of-way for any work
authorized by this division.
(h) Any other expenses incidental to the construction, completion,
and inspection of the work in the manner provided for in this
division.
(i) The cost of relocating or altering any public utility
facilities as required by the improvement in those cases where that
cost is the legal obligation of the city.
(j) The cost of planning and designing public facilities to be
financed pursuant to this division, including the cost of
environmental evaluations of those facilities.
(k) The cost of filing and recording documents when the cost is
the legal obligation of the city.
(l) The cost of any acquisition, as defined in Section 5023.1, and
expenses incidental in connection with the acquisition.
(m) If the construction of sewers or appurtenances incident
thereto has been ordered, sewer service, connection, and capacity
charges established by the city as a condition to the providing of
sewer service for the benefit of properties within the assessment
district and required for the completion and utilization of the
improvement constructed.
(n) If the construction of water improvements or appurtenances
incident thereto has been ordered, water service, connection, and
capacity charges established by the city as a condition to the
providing of water service for the benefit of properties within the
assessment district and required for the completion and utilization
of the improvement constructed.
(o) All costs not identified in subdivisions (a) to (n),
inclusive, related to the issuance of bonds, including, but not
limited to, costs of obtaining credit ratings, bond insurance
premiums, fees for letters of credit and other credit enhancement
costs, and initial fees for the registration of bonds.
All demands for incidental expenses shall be presented to the
street superintendent, by an itemized bill, duly verified by the
demandant.