Section 5101.8 Of Chapter 1. Work Which May Be Done From California Streets And Highways Code >> Division 7. >> Part 3. >> Chapter 1.
5101.8
. (a) The legislative body of a city may order the
construction and improvement of a segment of a state highway located,
in whole or in part, within the city's jurisdiction, if the
following conditions have been met:
(1) The legislative body has made a determination that the public
interest or convenience requires the state highway project, and that
the land within an assessment district to be assessed to pay the cost
and expenses of the state highway project will be benefited.
(2) The legislative body has entered a cooperative agreement with
the Department of Transportation, as provided in subdivision (b), to
fund the construction and improvement of the state highway.
(3) The highway project has been included in the state
transportation improvement program pursuant to Section 14529 of the
Government Code.
(b) The cooperative agreement required by subdivision (a) shall
provide for:
(1) The Department of Transportation to perform the construction
of the project.
(2) The city funding of the costs and expenses of the project from
the assessment to be levied on the land within the assessment
district to be assessed, and from the sale of any bonds which may be
issued pursuant to this division or Division 10 (commencing with
Section 8500).
(3) The agreement to become effective after proceedings have been
taken pursuant to this division and the funds are available to carry
out all its terms.
(4) The division of financial and legal responsibility between the
city and the Department of Transportation for the maintenance of the
state highway improvements and encroachments upon completion of the
work.