Bill Text: CA SB1219 | 2009-2010 | Regular Session | Introduced

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Bill Title: Contractual assessments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-04 - To Com. on L. GOV. [SB1219 Detail]

Download: California-2009-SB1219-Introduced.html

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BILL NUMBER: SB 1219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 18, 2010

   An act to amend Section 5898.24 of the Streets and Highways Code,
relating to contractual assessments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1219, as introduced, Walters. Contractual assessments.
   Existing law authorizes a legislative body of any public agency to
determine that it would be convenient and advantageous to designate
an area within which authorized officials and free and willing
property owners may enter into contractual assessments to finance
specified improvements to real property. Existing law requires a
legislative body that undertakes to establish and administer a
program of contractual assessments to comply with specified
procedures, including, but not limited to, providing specified notice
to all water and electric providers within the boundaries of the
area within which contractual assessments may be entered.
   This bill would require a legislative body to additionally give
specified notice to all sewer providers within the boundaries of the
area within which contractual assessments may be entered.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5898.24 of the Streets and Highways Code is
amended to read:
   5898.24.  (a) A legislative body shall publish notice of a hearing
pursuant to Section 6066 of the Government Code, and the first
publication shall occur not later than 20 days before the date of the
hearing.
   (b) A legislative body shall provide written notice of a proposed
contractual assessment program to all water  , sewer,  or
electric providers within the boundaries of the area within which
voluntary contractual assessments may be entered into not less than
60 days prior to adoption of any resolution pursuant to Section
5898.26.
   (c) (1) A legislative body administering a voluntary contractual
assessment program shall designate an office, department, or bureau
of the local agency that shall be responsible for annually preparing
the current roll of assessment obligations by assessor's parcel
number on property subject to a voluntary contractual assessment.
   (2) The designated office, department, or bureau shall establish
procedures to promptly respond to inquiries concerning current and
future estimated liability for a voluntary contractual assessment.
Neither the designated office, department, or bureau, nor the
legislative body, shall be liable if any estimate of future voluntary
contractual assessment liability is inaccurate, nor for any failure
of any seller to request notice pursuant to this chapter or to
provide the notice to a buyer.
   (d) For purposes of enabling sellers of real property subject to a
voluntary contractual assessment to satisfy the notice requirements
of Section 1102.6b of the Civil Code, the legislative body shall
cause to be recorded in the office of the county recorder for the
county in which the real property is located, concurrently with the
instrument creating the voluntary contractual assessment, a separate
document that meets all of the following requirements:
   (1) The title of the document shall be "Payment of Contractual
Assessment Required" in at least 14-point boldface type.
   (2) The document shall include all of the following information:
   (A) The names of all current owners of the real property subject
to the contractual assessment, and the legal description and the
assessor's parcel number for the affected real property.
   (B) The annual amount of the contractual assessment.
   (C) The date or circumstances under which the contractual
assessment expires, or a statement that the assessment is perpetual.
   (D) The purpose for which the funds from the contractual
assessment will be used.
   (E) The entity to which funds from the contractual assessment will
be paid and specific contact information for that entity.
   (F) The signature of the authorized representative of the
legislative body to which funds from the contractual assessment will
be paid.
   (e) The recorder shall only be responsible for examining the
document required by subdivision (d) and determining that it contains
the information required by subparagraphs (A), (E), and (F) of
paragraph (2) of subdivision (d). The recorder shall index the
document under the names of the persons and entities identified in
subparagraphs (A) and (E) of paragraph (2) of subdivision (d). The
recorder shall not examine any other information contained in the
document required by subdivision (d).