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SB-1219 Contractual assessments.(2009-2010)

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SB1219:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 1219

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   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).