text: Unless otherwise provided in the terms and conditions of the consolidation, the property in cities consolidated pursuant to this chapter shall not be taxed to pay any indebtedness or liability of any other city contracted or incurred prior to, or existing at, the time of consolidation.

title: 5. LOCAL AGENCIES


kind: section

code: GOV

text: The city council of the successor city shall separately levy and collect the taxes necessary to pay the indebtedness or liability of each predecessor city within the territory of each predecessor city.

history: (History: Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)

title: 5. LOCAL AGENCIES

chapter: 7. Effect of Consolidation of Cities

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 7. Effect of Consolidation of Cities


text: Where the successor city is, or becomes, a chartered city, under a freeholder’s charter providing that boroughs may be established in territories or cities annexed to or consolidated with it, this division does not prevent a predecessor city, or any part of it, from becoming a borough.

division: 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000

title: 5. LOCAL AGENCIES


text: On and after the effective date of a consolidation, the consolidated district succeeds to all of the powers, rights, duties, obligations, functions, and properties of all predecessor districts which have been united or joined into the consolidated district. The territory of a consolidated district, all inhabitants within that territory, and all persons entitled to vote by reason of residing or owning land within the territory are subject to the jurisdiction of the consolidated district and, except as otherwise provided in this chapter, have the same rights and duties as if the consolidated district had been originally formed under the principal act.

title: 5. LOCAL AGENCIES

chapter: 8. Effect of Consolidation of Districts

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 8. Effect of Consolidation of Districts


text: No payment for the use, or right of use, of any property, real or personal, acquired or constructed by any predecessor district shall be required by reason of the consolidation of the district with other predecessor districts.

title: 5. LOCAL AGENCIES


text:
The territory of a consolidated district shall be liable for payment of principal, interest, and any other amounts which become due on account of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of all predecessor districts, and are subject to the levying or fixing and collection of any of the following which may be necessary to provide for payment:

(a) Taxes or assessments.

(b) Service charges, rentals, or rates.

(c) Both taxes or assessments and service charges, rentals, or rates.

However, only the territory within an improvement district shall be liable for any payment required on account of any bonds, including revenue bonds, or other contracts previously authorized or issued by, or on behalf of, the improvement district.

title: 5. LOCAL AGENCIES


text: On and after the effective date of a merger of a district with a city, the district is extinguished, terminated, and its existence ceases, except as otherwise provided in this chapter.

history: (History: Amended by Stats. 2011, Ch. 300, Sec. 83. (AB 1430) Effective January 1, 2012.)

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 9. Mergers and the Establishment of Subsidiary Districts


text: Upon the effective date of a merger, all of the moneys or funds, including cash on hand and moneys due but uncollected and all property, real or personal, of the merged district is vested in the city.

title: 5. LOCAL AGENCIES

chapter: 9. Mergers and the Establishment of Subsidiary Districts


text:
No inhabitant, property owner, taxpayer, consumer, or user within the territory of a merged district shall be entitled to either of the following:

(a) All or any part, or to any payment on account of the moneys or funds, including cash on hand and moneys due but uncollected, and any property, real or personal, of the merged district.

(b) Any refund by reason of any taxes, assessments, service charges, rentals, or rates collected prior to the effective date of merger.

title: 5. LOCAL AGENCIES


text: Any moneys and funds of the merged district and any moneys or funds received by the city from the sale or other disposition of any property, real or personal, of the merged district shall be used, to the extent necessary, for the payment of principal, interest, and any other amounts then or thereafter due on account of any outstanding bonds, including revenue bonds, and other contracts and obligations of the merged district.

title: 5. LOCAL AGENCIES


text: Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding obligations, which are payable in whole or in part from taxes or assessments upon any property within all or any part of the territory of a merged district, the city council shall in each year provide for the levy and collection of taxes and assessments upon the property sufficient to pay any principal, interest, and any other amounts owing on account of such obligations, as they become due. Those taxes and assessments shall be levied and collected in the manner provided by the principal act of the merged district.

title: 5. LOCAL AGENCIES


text: Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding bonds, contracts, or other obligations which are payable in whole or in part from the revenues of a revenue-producing enterprise of the merged district, the city shall not sell, encumber, or otherwise dispose of all or any part of the revenue-producing enterprise or the revenues derived from the enterprise, except as expressly authorized by the ordinance, resolution, or indenture authorizing the bonds, contracts, or other obligations or providing for the issuance of any bonds, contracts, or other obligations.

title: 5. LOCAL AGENCIES


text: Where any bonds, including revenue bonds, contracts, or other obligations of the merged district are outstanding upon the effective date of merger, the city succeeds to all of the rights and liabilities of the merged district under any ordinance, resolution, indenture, contract, or other obligation or providing for or authorizing the issuance of any bonds, contracts, or other obligations and may sue and be sued upon those rights and liabilities in the same manner and to the same extent as the merged district.

title: 5. LOCAL AGENCIES


text: Any funds, money, or property of a merged district which have been impressed with any public trust, use, or purpose shall continue to be so impressed until the public trust, use, or purpose is vacated, abandoned, or terminated, in the manner provided by law.

title: 5. LOCAL AGENCIES


text: Subject to Section 57532, any funds, money, or property of a merged district may be used for any lawful purpose of the city. So far as may be practicable, as determined by the city council, any of these funds, money, or property shall be used for the benefit of the lands, inhabitants, and taxpayers within the territory of the merged district.

title: 5. LOCAL AGENCIES


text: On and after the effective date of an order establishing a district as a subsidiary district of a city, the city council shall be designated, and empowered to act, ex officio as the board of directors of the district. The district shall continue in existence with all of the powers, rights, duties, obligations, and functions provided for by the principal act, except for any provisions relating to the selection or removal of the members of the board of directors of the district.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 72. (SB 1171) Effective January 1, 2013.)

title: 5. LOCAL AGENCIES


text: If any court determines that any incompatibility exists by reason of the same person or persons holding office both as a member of the city council and as a member of the board of directors of a subsidiary district, the court shall order the vacation of the office of that person as a member of the board of directors, but not as a member of the city council, and shall order the membership of the board of directors to be selected in the manner provided by the principal act.

title: 5. LOCAL AGENCIES


text: On and after the effective date of a reorganization, each change of organization ordered for any city or district shall be given the force and effect pertaining to a change of organization of that type, as provided in this part.

title: 5. LOCAL AGENCIES

chapter: 10. Effect of Reorganization

path: 5. LOCAL AGENCIES > 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 > 10. Effect of Reorganization


text:
For purposes of this division:

(a) “Local financial institution” means a certified community development financial institution, a credit union, as defined in Section 165 of the Financial Code, or a small bank or an intermediate small bank, as defined in Section 25.12 of Title 12 of the Code of Federal Regulations.

(b) (1) “Public bank” means a corporation, organized under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) or the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, local agencies, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) that is composed only of local agencies.

(2) A local agency located within a county with a population of less than 250,000 may organize a public bank only if it does so as part of a joint powers authority formed for those purposes.

(3) For purposes of paragraph (2), population shall be based on the most recent estimate of population data determined by the Demographic Research Unit of the Department of Finance.

(c) “Public bank license” means a certificate of authorization to transact business as a bank as described in Section 1042 of the Financial Code.

history: (History: Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)

division: 5. Public Banks

title: 5. LOCAL AGENCIES

path: 5. LOCAL AGENCIES > 5. Public Banks


text:
(a) If a public bank is organized as a nonprofit mutual benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law as a public bank. The purpose of the corporation is to engage in the commercial banking business or industrial banking business and any other lawful activities which are not prohibited to a public bank by applicable laws or regulations.”

(b) If a public bank is organized as a nonprofit public benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for the public purpose of engaging in the commercial banking business or industrial banking business as a public bank.”

(c) Notwithstanding Sections 5410 and 7411 of the Corporations Code, a public bank may make distributions to its members.

(d) All provisions of law applicable to nonprofit corporations generally, including, but not limited to, the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) shall apply to public banks. Whenever a provision of this division applicable to public banks is inconsistent with a provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally, the provision of this division shall apply, and the inconsistent provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally shall not apply to a public bank.

title: 5. LOCAL AGENCIES


text:
(a) A public bank shall obtain and maintain deposit insurance provided by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).

(b) In seeking and retaining insurance, a public bank may do all things and assume and discharge all obligations required of it that are not in conflict with state law.

title: 5. LOCAL AGENCIES


text:
(a) Before engaging in business, a public bank shall obtain a certificate of authorization to transact business as a bank pursuant to Division 1.1 of the Financial Code (commencing with Section 1000).

(b) A local agency shall comply with the requirements of Section 53638 with respect to its deposits in a public bank unless, with the prior approval of the Commissioner of Financial Protection and Innovation, the public bank and the local agency depositor agree otherwise.

(c) Notwithstanding Section 23010, a county may lend any of its available funds to any public bank.

(d) Notwithstanding Section 53601, any local agency that does not pool money in deposits or investments with other local agencies that have separate governing bodies may invest in debt securities or other obligations of a public bank.

(e) Notwithstanding Section 53635, any local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body, may invest in debt securities or other obligations of a public bank.

(f) Notwithstanding Section 53635.2, a public bank shall be eligible to receive local agency money.

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 189. (SB 1498) Effective January 1, 2023.)

title: 5. LOCAL AGENCIES


text:
(a) As used in this section:

(1) “Conducted in partnership with” means pursuant to a written agreement with a local financial institution to provide financial products and services to the public located within the jurisdiction of the public bank.

(2) “Infrastructure lending” means granting a loan or extending credit to a local agency for the purpose of building or improving public infrastructure, including housing projects, as defined in Section 34212 of the Health and Safety Code, and affordable housing, as defined in subdivision (a) of Section 62250.

(3) “Local agency banking” means providing any of the following services to a local agency:

(A) Accepting a deposit of any kind.

(B) Granting a loan or extension of credit of any kind.

(4) “Participation lending” means purchasing or selling an interest in a loan or loans originated by or sold to a local financial institution, or originating, leading, or directing a loan transaction involving a local financial institution pursuant to a written agreement with the local financial institution.

(5) “Person” means a person as defined in Section 127 of the Financial Code, except that a person does not mean a local agency as defined in Section 50001 of the Government Code, but includes any individual employed by a local agency.

(6) “Retail activities” means providing any kind of financial product or service to a person that is typically offered or provided by a local financial institution, including, but not limited to, all of the following:

(A) Accepting a deposit of any kind from a person, including the issuance of shares by a credit union.

(B) Granting a loan or extension of credit, of any kind, to a person.

(7) “Wholesale lending” means granting a loan or extension of credit to a local financial institution.

(b) Except as provided in paragraph (2) of subdivision (c), a public bank shall conduct retail activities in partnership with local financial institutions and shall not compete with local financial institutions.

(c) A public bank may do both of the following:

(1) Engage in all of the following banking activities:

(A) Local agency banking.

(B) Infrastructure lending.

(C) Wholesale lending.

(D) Participation lending.

(2) Engage in retail activities without partnering with a local financial institution, if those retail activities are not offered or provided by local financial institutions in the jurisdiction of the local agency or agencies that own the public bank.

title: 5. LOCAL AGENCIES


text: For the purposes of Section 1280 of the Financial Code, any person or entity, including a local agency, that owns, controls, or holds an ownership interest in a public bank is not a bank holding company by reason of that ownership interest.

title: 5. LOCAL AGENCIES


text:
(a) Before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code, a local agency shall conduct a study to assess the viability of the proposed public bank. The study shall include, but is not limited to, all of the following elements:

(1) A discussion of the purposes of the bank including, but not limited to, achieving cost savings, strengthening local economies, supporting community economic development, and addressing infrastructure and housing needs for localities.

(2) A fiscal analysis of costs associated with starting the proposed public bank.

(3) An estimate of the initial amount of capital to be provided by the local agency to the proposed public bank.

(4) Financial projections, including a pro forma balance sheet and income statement, of the proposed public bank for at least the first five years of operation. The financial projections shall include an estimate of the time period for when expected revenues meet or exceed expected costs and an estimate of the total operating subsidy that the local agency may be required to provide until the proposed public bank generates sufficient revenue to cover its costs. In addition to projections that assume favorable economic conditions, the analysis shall also include a downside scenario that considers the effect of an economic recession on the financial results of the proposed public bank. The projections may include the downside scenario of continuing to do business with the local government’s current banker or bankers.

(5) A legal analysis of whether the proposed structure and operations of the public bank would likely comply with Section 6 of Article XVI of the California Constitution, but nothing herein shall compel the waiver of any attorney-client privilege attaching to that legal analysis.

(6) An analysis of how the proposed governance structure of the public bank would protect the bank from unlawful insider transactions and apparent conflicts of interest.

(b) The study may include any of the following elements:

(1) A fiscal analysis of benefits associated with starting the proposed public bank, including, but not limited to, cost savings, jobs created, jobs retained, economic activity generated, and private capital leveraged.

(2) A qualitative assessment of social or environmental benefits of the proposed public bank.

(3) An estimate of the fees paid to the local agency’s current banker or bankers.

(4) A fiscal analysis of the costs, including social and environmental, of continuing to do business with the local agency’s current banker or bankers.

(c) (1) The study required by subdivision (a) shall be presented to and approved by the governing body of the local agency, and a motion to move forward with an application for a public banking charter shall be approved by a majority vote of the governing body at a public meeting prior to the local agency submitting an application pursuant to Section 1020 of the Financial Code. In addition, the local agency shall include a copy of the study required by subdivision (a) in the application submitted to the Commissioner of Financial Protection and Innovation.

(2) Before the local agency submits an application pursuant to Section 1020 of the Financial Code, the motion to move forward with an application for a public banking charter shall be subject to voter approval at the next regularly scheduled election held at least 180 days following the vote of the governing body.

(3) The voter approval requirement described in paragraph (2) shall apply to a local agency entering into a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) after the study required in subdivision (a) has been completed and before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code.

(4) As used in paragraphs (2) and (3), “local agency” does not include a charter city.

(d) The local agency shall make available to the public the financial models and key assumptions used to estimate the elements described in paragraphs (2) through (4) of subdivision (a) before presenting the study to the governing body of the local agency as required by subdivision (c).

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 190. (SB 1498) Effective January 1, 2023.)

title: 5. LOCAL AGENCIES


text:
(a) The Commissioner of Financial Protection and Innovation shall not issue more than two public bank licenses in a calendar year.

(b) The Commissioner of Financial Protection and Innovation shall not issue a public bank license if issuing that public bank license would cause there to be more than 10 public banks authorized to transact business pursuant to Division 1.1 (commencing with Section 1000) of the Financial Code.

(c) The Commissioner of Financial Protection and Innovation shall conduct a study of public banking in California within two years after the date upon which the commissioner issues the 10th public bank license.

(d) The Commissioner of Financial Protection and Innovation shall not issue a public bank license after the expiration of a period of seven years from the date upon which the commissioner first promulgates regulations for the purpose of carrying out the commissioner’s duties under this division.

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 191. (SB 1498) Effective January 1, 2023.)

title: 5. LOCAL AGENCIES


text: This chapter may be cited as the District Organization Law.

history: (History: Added by Stats. 1951, Ch. 331.)

division: 1. GENERAL

title: 6. DISTRICTS

chapter: 1. The District Organization Law

article: 1. General

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 1. General


text: It is the purpose of this chapter to make available a procedure for the organization, operation and government of districts.

history: (History: Amended by Stats. 1965, Ch. 2043.)

title: 6. DISTRICTS

article: 1. General


text: This chapter applies only when and to the extent that it is adopted or incorporated by reference in a law providing for a particular district or type of district.

history: (History: Amended by Stats. 1970, Ch. 346.)

title: 6. DISTRICTS

article: 1. General


text:
As used in this chapter, unless the context otherwise requires:

(a) “District” means a tax or assessment district.

(b) “Governing body” means the board of directors of a district or equivalent board or body.

(c) “Principal act” means the law providing for the creation of a particular district or type of district.

(d) “Supervising authority” means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district.

(e) “Project” means the work, improvement, or acquisition, or any combination thereof undertaken by a district.

(f) “Owner” includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment.

(g) “Requisite number of petitioners” means the number of qualified petitioners prescribed by the principal act.

(h) “Requisite number of protestants” means the number of qualified protestants prescribed by the principal act.

(i) “Clerk” means the clerk of the supervising authority.

title: 6. DISTRICTS

article: 1. General


text: Whenever in this chapter a petition, order, resolution, complaint, or other document refers to a principal act, the name, if any, of the principal act, with its citation shall be set forth in such document.

title: 6. DISTRICTS

article: 1. General


text: When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of general circulation published and circulated within the district, or if there is none, in the newspaper of general circulation published nearest to the district.

title: 6. DISTRICTS

article: 1. General


text: Unless otherwise expressly provided, each notice shall be published once a week for three successive weeks prior to the date set for the event of which notice is given.

title: 6. DISTRICTS

article: 1. General


text: Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit is prima facie evidence of the facts stated in it.

title: 6. DISTRICTS

article: 1. General


text: If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be posted in three public places in the district for the same period as if published.

title: 6. DISTRICTS

article: 1. General


text: Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the facts stated in it.

title: 6. DISTRICTS

article: 1. General


text: In case of a conflict between the provisions of this chapter and the provisions of the law providing for the creation of a particular district or type of district, the provisions of this chapter shall prevail.

history: (History: Added by renumbering Section 58010 by Stats. 1978, Ch. 380.)

title: 6. DISTRICTS

article: 1. General


text: When the principal act authorizes or requires a petition, formation proceedings shall be commenced by petition.

title: 6. DISTRICTS

article: 2. Petition for Formation

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 2. Petition for Formation


text: The petition shall be signed by the requisite number of petitioners and addressed to and filed with the supervising authority.

title: 6. DISTRICTS

article: 2. Petition for Formation


text: The petition may be filed in sections. Each section shall comply with all the requirements for a petition, except that it need not contain all the signatures required for the petition.

title: 6. DISTRICTS

article: 2. Petition for Formation


text: Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement of his intention to withdraw his signature from the petition.

title: 6. DISTRICTS

article: 2. Petition for Formation


text:
The petition shall:

(a) State the proposed name for the district.

(b) Set forth the district boundaries or describe the land situated in the district.

(c) Request that the district be formed pursuant to the principal act.

(d) Describe generally the nature of the proposed project and, based upon the functions proposed to be performed by the district, an estimate verified by the proponents of the first year’s estimated income and expenses and estimated expenditures for capital improvements.

(e) Comply with any additional requirements of the principal act.

history: (History: Amended by Stats. 1963, Ch. 1358.)

title: 6. DISTRICTS

article: 2. Petition for Formation


text: Upon presentation and filing of the formation petition the supervising authority shall fix a time and place for its hearing. The hearing shall not be less than 20 nor more than 40 days after presentation and filing.

title: 6. DISTRICTS

article: 3. Preliminary Hearing

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 3. Preliminary Hearing


text: If the principal act or any other law applicable to the formation of the district requires the making of an investigation of and a report on the project, the hearing may be continued from time to time to enable the making of such investigation and report. Such continuance shall not exceed three months.

title: 6. DISTRICTS

article: 3. Preliminary Hearing


text: The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing.

title: 6. DISTRICTS

article: 4. Final Hearing

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 4. Final Hearing


text:
The notice of final hearing shall state:

(a) The name and nature of the district.

(b) That the petition may be inspected at the clerk’s office.

(c) The boundaries of the proposed district and the estimated initial annual special ad valorem tax rate to the taxable property within the proposed district as computed based on the verified information provided pursuant to subdivision (d) of Section 58034 of this code.

(d) The time and place for the final hearing.

(e) That protests will be considered at the hearing.

(f) That written requests for exclusion from or inclusion of land in the proposed district will be heard and considered.

title: 6. DISTRICTS

article: 4. Final Hearing


text: The clerk shall give notice of the final hearing.

title: 6. DISTRICTS

article: 4. Final Hearing


text: The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in the notice.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If the notice is materially defective, the supervising authority shall reset the hearing and cause new notice to be given.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a new petition on the same matter.

title: 6. DISTRICTS

article: 4. Final Hearing


text: A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the State in a proceeding brought by the Attorney General within one year after the order establishing and describing the boundaries of the district.

title: 6. DISTRICTS

article: 4. Final Hearing


text: Oral or written protest may be made at the hearing by any person interested in the formation of the proposed district.

title: 6. DISTRICTS

article: 4. Final Hearing


text: Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made.

title: 6. DISTRICTS

article: 4. Final Hearing


text: Written protests shall be filed with the clerk on or before the time fixed for the final hearing.

title: 6. DISTRICTS

article: 4. Final Hearing


text: The hearing may be continued from time to time not exceeding 60 days.

title: 6. DISTRICTS

article: 4. Final Hearing


text: At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land.

title: 6. DISTRICTS

article: 4. Final Hearing


text: At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The supervising authority shall order the proceedings terminated when such protests are received.

history: (History: Amended by Stats. 1955, Ch. 916.)

title: 6. DISTRICTS

article: 4. Final Hearing


text: The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year from the order of termination.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the boundaries of the proposed district.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as changed by the supervising authority as hereafter provided, is infeasible, not economically sound, or not for the public interest, it may terminate the proceedings.

history: (History: Added by Stats. 1961, Ch. 1343.)

title: 6. DISTRICTS

article: 4. Final Hearing


text:
At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific finding as to each parcel of land with respect to which a written request for exclusion has been presented on the question of whether it will or will not be benefited by the proposed project. In making such finding the supervising authority shall consider present use of such land, reasonable prospective use, topography, the nature of the proposed improvements, and any other pertinent factors. The present use of lands for rights-of-way for railroads, power and communication lines, or other public utility facilities shall be presumed by the supervising authority to be permanent.

The supervising authority may include any land if it finds that the land will be benefited and that its inclusion will be to the interest of the district.

If lands are excluded by the supervising authority pursuant to this section, such lands shall not thereafter be annexed to or included in the district in the absence of a finding, based on substantial evidence, of a change in the circumstances upon which the decision to exclude such lands was based.

history: (History: Amended by Stats. 1961, Ch. 1343.)

title: 6. DISTRICTS

article: 4. Final Hearing


text: The supervising authority may make such inclusion upon the owner’s application or upon giving him notice of and hearing on the inclusion.

title: 6. DISTRICTS

article: 4. Final Hearing


text: The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county assessment roll and to any person who has filed with the clerk his name, address, and a description of land in which he has a legal or equitable interest.

title: 6. DISTRICTS

article: 4. Final Hearing


text: The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard.

title: 6. DISTRICTS

article: 4. Final Hearing


text: If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name for, the district. The name may be that proposed in the petition or any other name the supervising authority selects.

title: 6. DISTRICTS

article: 4. Final Hearing


text: Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call and give notice of an election to be held in the proposed district to determine whether the district shall be formed and to select the elective officers, if any, of the district.

title: 6. DISTRICTS

article: 5. Formation

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 5. Formation


text:
The election shall be called and conducted, and any candidates shall be nominated as in general district elections except:

(a) The supervising authority shall establish election precincts, designate the polling places, publish notice, and appoint the election board.

(b) The election returns shall be forwarded to the supervising authority which shall canvass them and declare the election results at its next regular meeting following the election.

title: 6. DISTRICTS

article: 5. Formation


text: If a majority of the votes cast at the election favors the organization of the district, by resolution entered on its minutes the supervising authority shall declare the district duly organized under the principal act, give the designated name of the district, and describe its boundaries.

title: 6. DISTRICTS

article: 5. Formation


text: Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder of each county in which any land in the district is situated. Upon such filing the organization of the district is complete.

title: 6. DISTRICTS

article: 5. Formation


text: An action to determine the legality of the existence of the district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Repealed and added by Stats. 1961, Ch. 1552.)

title: 6. DISTRICTS

article: 7. Validating Proceedings

path: 6. DISTRICTS > 1. GENERAL > 1. The District Organization Law > 7. Validating Proceedings


text:
Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter:

(a) “County surveyor” means the county surveyor or such other county officer or employee as the board of supervisors may designate.

(b) “Proposal” means any proposal for the formation of a new, or a change in the boundaries of an existing, district exercising functions that are, or may be, supported by taxes or special assessment taxes levied on property within the district and collected with county taxes. This chapter does not apply to proposals concerning special assessment districts formed for the purpose of providing various municipal and county improvements, or to a municipal utility district, or a transit district organized under the Transit District Law (Division 10, commencing with Section 24501, of the Public Utilities Code), whose boundaries include all or portions of two or more counties.

history: (History: Repealed and added by Stats. 1965, Ch. 587.)

title: 6. DISTRICTS

chapter: 3. Change of Boundaries

path: 6. DISTRICTS > 1. GENERAL > 3. Change of Boundaries


text: The county surveyor and the county assessor shall review the boundary description contained in those proposals which are not subject to the jurisdiction of the local agency formation commission pursuant to Chapter 6.6 (commencing with Section 54775) of Part 1 of Division 2 of Title 5 or Division 1 (commencing with Section 56000), Title 6 of this code. Whenever the county boundary commission is referred to in state law, the reference shall be deemed to be to the local agency formation commission when the reference is in connection with any proposal over which the local agency formation commission has jurisdiction.

history: (History: Amended by Stats. 1967, Ch. 920.)

title: 6. DISTRICTS


text: Prior to circulation of a petition, if such circulation is required, or otherwise prior to filing with the board of supervisors or with the governing body of a district, the proposal shall be submitted to the county surveyor as provided in this chapter. Each such proposal shall be accompanied by a map showing the boundaries of the territory involved and by a specific detailed legal description of the boundaries of such territory.

title: 6. DISTRICTS


text: If the territory involved in the proposal is located in two or more counties, a copy of the proposal shall be filed with the county surveyor of each such county. The county surveyor of each such county shall have jurisdiction over and shall report upon those portions of the boundaries and territory which shall be located within each such county.

title: 6. DISTRICTS


text: Within 30 days after filing, the county surveyor shall review and report on boundaries set forth in the proposal. Failure to report on a proposal within said 30-day period shall be deemed approval of the boundaries as set forth therein.

title: 6. DISTRICTS


text:
Within 10 days after the filing of any proposal, the county surveyor shall give written notice as provided in Section 58855.5 by mailing notice of such filing:

(a) To each city, county, or district the boundaries of which contain all or any portion of the lands described in the proposal; and

(b) To each person who has filed a written request for special notice of such filings of such proposals with the county surveyor.

history: (History: Amended by Stats. 1971, Ch. 268.)

title: 6. DISTRICTS


text:
Mailed notice of any proposal shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when so deposited. When notice is required to be given to:

(a) A city, county or district, it shall be addressed to the clerk thereof;

(b) Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice of filings of proposals with the county surveyor.

history: (History: Added by Stats. 1971, Ch. 268.)

title: 6. DISTRICTS


text:
Factors to be considered by the county surveyor in review of a proposal shall include:

(a) The definiteness and certainty of the proposed boundaries;

(b) Conformance of the proposed boundaries with lines of ownership, as shown on the last equalized assessment roll of the county or by documents of record in the office of the county recorder; and

(c) Other similar matters of public interest resulting from the location of the proposed boundaries.

title: 6. DISTRICTS


text: If he deems it to be in the public interest, the county surveyor may hold a public hearing on the proposal. Notice of any such hearing shall be given to the same cities and districts as were given notice pursuant to Section 58855 and may be given to such other cities, districts, public agencies, or persons as the county surveyor may direct.

title: 6. DISTRICTS


text:
The county surveyor may make changes in the boundaries set forth in a proposal if:

(a) The proponents consent; and

(b) The territory contained within the revised boundaries complies with the requirements of any applicable law and does not include any territory which could not have been included at the time of the filing of the proposal.

If written notice was previously given pursuant to Section 58855, within five days after making any such change, the county surveyor shall give written notice thereof to any city or district, within three miles of the changed boundaries, which was not previously given notice.

title: 6. DISTRICTS


text: The county surveyor shall deliver a copy of his report together with any recommendations made by the county assessor to the proponents and to the legislative body having jurisdiction to conduct appropriate proceedings.

title: 6. DISTRICTS


text: If the proponents do not accept the county surveyor’s recommendations as contained in his report, they shall file a statement of reasons with the legislative body having jurisdiction to conduct the appropriate proceedings. The proponents shall also furnish a copy of such statement to the county surveyor. The proposal may be circulated or filed with the board of supervisors or the governing body of the district, if any, only after such a report has been furnished.

title: 6. DISTRICTS


text: Before acting upon any proposal, the legislative body having jurisdiction shall consider the report of the county surveyor and give it such weight as in its judgment the public interest requires.

title: 6. DISTRICTS


text: It is the purpose of this chapter to require that notice of a proposal be given to all owners of the real property described therein prior to the time the proposal is acted upon by the supervising authority.

history: (History: Added by Stats. 1953, Ch. 846.)

title: 6. DISTRICTS

path: 6. DISTRICTS > 1. GENERAL > 3.5. Notice of Formation or Change in Boundaries of Districts


text:
As used in this chapter, unless the context otherwise requires:

(a) “Proposal” means any proposal for the formation of a new, or change in the boundaries of an existing, district.

(b) “Supervising authority” means the board of supervisors, city council or the governing body authorized by law to act upon proceedings for the formation of a new, or change in boundaries of an existing, district.

(c) “District” means any tax, assessment or any other district except as otherwise provided in Section 58902.

(d) “Clerk” means the clerk or secretary of the supervising authority.

(e) “Principal act” means the law providing for the creation or change in boundaries of a district.

title: 6. DISTRICTS

chapter: 3.5. Notice of Formation or Change in Boundaries of Districts


text: Except as herein otherwise provided, this chapter shall apply to all districts. This chapter shall not apply to any boundary change which is approved by all of the owners of real property proposed to be included within, or proposed to be excluded from, the district, nor to any proceeding commenced or conducted with respect to forming a metropolitan water district or separation of grade district or changing the boundaries thereof.

history: (History: Amended by Stats. 1963, Ch. 1064.)

title: 6. DISTRICTS


text: Upon the filing or other submission of any proposal, the supervising authority shall give notice thereof as required by this chapter.

title: 6. DISTRICTS


text:
The notice of filing or other submission of the proposal shall contain the matters specified by the law under which the proposal is made. In lieu thereof it shall be sufficient if the notice of filing or other submission of the proposal shall contain the following:

(a) The nature of the proposal.

(b) A general description or map of the territory included in the proposal.

(c) The time and place of the first public hearing on the proposal if a public hearing is required by other provisions of law to be held upon the proposal, or the time and place upon which the supervising authority will take initial action upon the proposal.

title: 6. DISTRICTS


text: Every owner of real property, including property assessed by the State under Section 14, Article XIII of the Constitution, is hereby authorized to file a statement each fiscal year with the county assessor, showing his name, address, and a description of the property owned by him, together with a request that a notice of all proposals affecting such property shall be mailed to him at such address. The statement and request shall be effective only for the fiscal year in which it was filed. The fee for filing a statement and request is one dollar and fifty cents ($1.50). The property owner shall furnish a copy of the statement and request to the clerk of any supervising authority having a request for same on file with the county assessor, and this chapter shall be ineffective with respect to the actions of that supervising authority unless its clerk shall have received a copy of the statement and request.

title: 6. DISTRICTS


text: If the principal act requires notice to be mailed by first-class mail to all owners of property described in the proposal, including the owners of state assessed property, notice shall be mailed in the form and manner, and at the time, required by such act. If the principal act does not require such notice, the clerk shall cause a notice of the filing or other submission of the proposal to be mailed by post card or first class mail, postage prepaid, to every owner of real property described in the proposal who has filed the statement authorized by the preceding section, at the address shown on such statement, at least 10 days prior to the first hearing or initial action on the proposal. The clerk of the supervising authority may, upon completion of the mailing of such notices, file an affidavit with the supervising authority stating that notices have been mailed to all property owners entitled thereto under the provisions of this chapter. The affidavit of the clerk shall be conclusive evidence as to the mailing or nonmailing of any notice. Mailing of notice to all property owners who have filed a request therefor with the county assessor, as authorized by Section 58905, shall be deemed sufficient compliance with this chapter for all purposes.

title: 6. DISTRICTS


text: No proceeding shall be held invalid for omission of the clerk of the supervising body to mail the notice required by this chapter to any property owner unless such owner objects to such omission within 30 days after the public hearing or initial action with reference to which such notice was omitted. No objection shall be considered unless it is made in writing, signed, under oath by such owner or his duly authorized representative, and filed with the clerk of the supervising authority. Upon the expiration of said 30 days, the clerk may file an affidavit stating whether or not any property owner entitled to a mailed notice under this chapter who has not been mailed such notice, has filed the objection herein authorized. The affidavit of the clerk shall be conclusive evidence as to the filing or nonfiling of objections within the period of 30 days as above required. If a valid objection is filed within the time allowed, the supervising authority shall conduct another hearing or reconsider its initial action on the proposal, after complying with the notice provisions of this chapter and the principal act under which the proposal was initiated. The time allowed by such principal act for the taking of any proceedings subsequent to the initial action or hearing shall be extended for such additional time as may be required to comply with this chapter.

title: 6. DISTRICTS


text: The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so expressly.

title: 6. DISTRICTS


text:
If territory has been detached from a district and that detached territory is subject to terms and conditions imposed by the local agency formation commission pursuant to Section 56886 and those terms and conditions require that the detached territory continue to be taxed for the payment of principal and interest on outstanding bonds of the district, the governing body of the district from which the territory was detached may absolve and relieve the detached territory of its annual tax liability as follows:

(a) The district board shall, by resolution, declare its intention to relieve the detached territory of its annual tax liability for payment of principal and interest on outstanding district bonds. The resolution shall describe the detached territory, specify the annual liability the territory will be relieved of, state the reason or reasons why the detached territory should be relieved, and fix a time, date, and place for a public hearing on the proposed relief of liability.

(b) The district board shall cause notice of the hearing to be published pursuant to Section 6066 in a newspaper of general circulation published in the territory of the district and the detached territory. The notice shall contain all the information specified in subdivision (a), and in lieu of notice the district board may cause a copy of the resolution required in subdivision (a) to be published.

(c) At the time, date, and place stated in the notice, the district board shall hear and consider all objections or protests to relieving the detached territory of annual liability for payment of principal and interest on outstanding district bonds. The hearing may be continued from time to time. Upon conclusion of the hearing, the district board shall determine by resolution, whether or not the detached territory should be relieved and absolved of any future annual tax liability for the outstanding bonds of the district.

(d) If the district board determines that the detached territory should be relieved of annual tax liability, it shall cause a copy of its resolution to be filed pursuant to Section 54902 with the Board of Equalization and the county assessor of the county in which the territory is located. The detached territory shall be relieved and absolved of the annual tax liability for outstanding district bonds imposed by the local agency formation commission in the year next succeeding adoption of the resolution when assessments or taxes are to be levied for payment of the principal and interest on the bonds.

Nothing in this section shall be construed as in any way limiting the power of a bondholder to enforce his or her contractual rights and nothing in this section shall affect the ultimate liability of that detached territory for the bonded indebtedness of the district in case of default. This section is intended to provide a means of relieving territory detached from a district from annual assessments for the principal and interest on bonded indebtedness when that territory is no longer receiving the services for which the bonded indebtedness was incurred.

history: (History: Amended by Stats. 2006, Ch. 643, Sec. 14. Effective January 1, 2007.)

title: 6. DISTRICTS

chapter: 4. District Indebtedness

path: 6. DISTRICTS > 1. GENERAL > 4. District Indebtedness


text: This chapter may be cited as the Special Assessment and Bond Refunding Law of 1939.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 1. Definitions and General Provisions


text: Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter.

title: 6. DISTRICTS

chapter: 5. Special Assessment and Bond Refunding Law of 1939

article: 1. Definitions and General Provisions


text: If a city legislative body conducts the proceedings under this chapter, the words and phrases defined in the Improvement Act of 1911 shall be construed to have the same meaning when used in this chapter as is ascribed to them in such act so far as properly applicable.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: If a county or city and county legislative body conducts such proceedings the words and phrases defined in the Improvement Act of 1911 and the Improvement Bond Act of 1915 shall be construed to have the same meaning when used in this chapter as is ascribed to them in such acts so far as properly applicable.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: If a public district legislative body conducts such proceedings the words and phrases defined in the Improvement Act of 1911 and the Improvement Bond Act of 1915 shall be construed to have the same meaning when used in this chapter as is ascribed to them in such acts so far as properly applicable.

history: (History: Added by Stats. 1973, Ch. 256.)

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Local agency” means city, county, city and county, or public district.

history: (History: Amended by Stats. 1973, Ch. 256.)

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Legislative body” means legislative body of the local agency conducting the proceedings.

history: (History: Added by Stats. 1951, Ch. 331.)

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text:
“Bonds” includes:

(a) Bonds, their coupons, and accrued interest on matured bonds.

(b) Cash assessments and accrued interest and penalties where no bonds are issued.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Lot” means land, lot, part of a lot, parcel, or piece of property and includes property owned or controlled by any person as a railroad right of way or as a street or interurban railroad right of way.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text:
“Improvement” where used in “special improvement district” means any public improvement. It shall be liberally construed to include:

(a) Any acquisition of land, rights of way, or easements for public use.

(b) Any acquisition or construction of buildings, structures, or public works.

(c) A combination of any or all of the foregoing.

(d) All acquisitions of land and all acquisition and construction of public works authorized by law.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text:
“Engineer” means:

(a) The city engineer, if a city legislative body conducts the refunding proceedings.

(b) The county surveyor, if a county legislative body conducts the refunding proceedings.

(c) Any competent person charged by the legislative body of the local agency conducting the proceedings with the duties of the engineer under this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text:
In addition to other proper items, “incidental expenses” includes:

(a) Legal, engineering, and other technical services employed by the legislative body to accomplish the purposes of this chapter.

(b) The cost of printing and advertising.

(c) The cost and expenses of any bankruptcy proceeding instituted in connection with the proceedings.

(d) All expenses incident to the calling, retiring, or paying of the bonds to be refunded and to the issuance of the refunding bonds, including the charges of any escrow agent or trustee in connection with the issuance of the refunding bonds or in connection with the redemption or retirement of the bonds to be refunded.

(e) Either (i) interest upon the refunding bonds from the date of the sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds, or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of such bonds or (ii) interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of such bonds.

(f) Any premium necessary in the calling or retiring of the bonds to be refunded.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Cost of the proceedings” means the cost of acquisition and cancellation of the original bonds and the incidental expenses.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Clerk” means clerk of the legislative body conducting the proceedings.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Tax-deeded land” means any lot deeded to the State for delinquent taxes or for delinquent taxes and assessments.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Original bonds” means the outstanding improvement district bonds which are to be acquired and canceled pursuant to this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “New bonds” means refunding bonds issued pursuant to this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Original proceedings” means the proceedings by which the original bonds were issued.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “Proceedings” means proceedings pursuant to this chapter to refund the indebtedness of a district and to levy a reassessment for such indebtedness.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “New district” means the assessment district proposed to be created, or created, pursuant to this chapter, and which is, or will be, assessed to pay the cost of the proceedings.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: “District” means the district or improvement district against which the original bonds were issued and whose indebtedness is to be refunded pursuant to this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: Whenever the legislative body determines that the public interest, convenience, or necessity requires the readjustment of assessments and the refunding of assessments or bonds of all or a portion of an improvement district created pursuant to any law for the acquisition or construction, or both, of any public improvement by special assessments upon the lands benefited, it may proceed pursuant to this chapter.

history: (History: Amended by Stats. 1971, Ch. 481.)

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: Whenever the legislative body determines that the public interest, convenience, or necessity requires the refunding of bonds of an improvement district within the local agency, whether such bonds are due or not due or which may become due at the option of the local agency or by the consent of the bondholders or by any lawful means, it may proceed pursuant to this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: This chapter shall be liberally construed to effectuate its purposes.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: In any procedure taken pursuant to this chapter, if any neglect or omission of an officer of a local agency, or any error or informality, does not directly affect the jurisdiction of the legislative body to issue the assessment readjustment bonds, it does not invalidate the proceeding or any assessment for the cost of the proceedings. The exclusive remedy of any person so affected or aggrieved is by appeal to the legislative body pursuant to Article 9.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: The reassessment provisions and curative clauses of the Improvement Act of 1911 apply to the proceedings and the assessment and bonds levied and issued pursuant to this chapter. Such curative clauses and those of this chapter are cumulative and each shall be given full force and effect.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: A legislative body authorized to conduct a proceeding pursuant to this chapter may file a petition and exercise powers under applicable federal bankruptcy law as provided by Section 53760.

history: (History: Amended by Stats. 2002, Ch. 94, Sec. 6. Effective January 1, 2003.)

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to proceedings pursuant to this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: When any notice or resolution is required to be published, publication shall be made in any newspaper published and circulated within the local agency in which the legislative body has jurisdiction.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: When a notice is required to be mailed to property owners, upon the completion of the mailing of the notice, the clerk shall file with the legislative body an affidavit setting forth the time and manner of the compliance with the requirements of this chapter.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: Wherever the State, or any county, city, school district, public corporation, or political subdivision owns or has an interest in lands within a district whose indebtedness is proposed to be refunded, it has the same right as any private landowner to appear and be heard in the proceedings or in any suit on them. All the curative clauses of this chapter apply to it.

title: 6. DISTRICTS

article: 1. Definitions and General Provisions


text: Authority to conduct proceedings is conferred upon the legislative body of a local agency pursuant to this article.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 2. Authority to Conduct Proceedings


text: The legislative body which ordered the original bonds issued has complete authority to conduct proceedings.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: If the district lies entirely within a city, the city legislative body has complete authority to conduct proceedings.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: If the district lies entirely within unincorporated territory of a county, the county legislative body has complete authority.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: If the district lies entirely within the incorporated territory of a public district, the public district legislative body has complete authority.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: In all cases of incorporation of, annexation of territory to, consolidation of, exclusion of territory from, or the dissolution of, a city or cities, the authority, which would be vested in the legislative body which conducted the original proceedings, is vested in the legislative body which has jurisdiction over the district territory when the refunding is begun.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: If a district lies entirely within two or more cities, the legislative body of any city in which any of the district lies may conduct the proceedings.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: If the district lies partly within unincorporated territory of a county and partly within one or more cities, the legislative body of the county, or of any such city may conduct proceedings.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text:
If more than one legislative body has authority to conduct the proceedings or if the legislative body proposing to conduct the proceeding is not that which levies the tax or assessment for the payment of principal and interest of the original bonds, the legislative body which proposes to conduct the proceeding shall obtain consent to the proceedings from the legislative body:

(a) Of each city in which any of the district lies.

(b) Of the county if a part of the district lies in unincorporated territory of the county.

(c) Which levies the tax or assessment for the payment of principal and interest of the original bonds.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: Such legislative bodies may grant such consent, which shall be expressed by resolution.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: The consent shall be obtained and a certified copy of the resolution filed with the clerk of the legislative body proposing to conduct the proceedings on or before the date the resolution of intention in the proceedings is adopted.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: When consent has been given, the legislative body to which it was granted has complete authority to conduct proceedings pursuant to this chapter.

title: 6. DISTRICTS

article: 2. Authority to Conduct Proceedings


text: Before ordering the acquisition and cancellation of any bonds, the legislative body shall adopt a resolution declaring its intention to do so.

title: 6. DISTRICTS

article: 3. Resolution of Intention

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 3. Resolution of Intention


text: The resolution shall contain a description of the boundaries of the new district.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: If the resolution provides that all of the original bonds of only one district are to be acquired and canceled, the exterior boundaries of the new district shall be coterminous with the exterior boundaries of the district as fixed in the original proceedings. The property to be assessed in the new district pursuant to this chapter shall be the property assessed in the original proceedings.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The original bonds of contiguous or overlapping districts may be acquired and canceled in a single proceeding. All or part of each of such districts shall lie within the local agency whose legislative body proposes to conduct the proceedings.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: If the resolution of intention provides that all of the original bonds of more than one contiguous or overlapping district are to be acquired and canceled, the exterior boundary of the new district shall encompass all property within the composite area formed by such contiguous or overlapping districts. The property to be assessed in the new district shall be the property assessed in the various original proceedings.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: Less than all of the original bonds of a district or more than one overlapping districts may be acquired and canceled in a single proceeding when all of the original bonds to be acquired and canceled have been issued pursuant to the Improvement Act of 1911. When less than all of the original bonds of a district or districts are to be acquired and canceled the boundaries of the new district shall encompass all properties described in the original bonds to be acquired and canceled.

history: (History: Added by Stats. 1971, Ch. 481.)

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: No property within the new district shall be charged in the new assessment with any of the debt of a district of which it was not formerly a part.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: In the resolution of intention the new district may be described or reference made to a map, pursuant to the Improvement Act of 1911.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text:
The resolution of intention shall:

(a) Refer to the original proceedings with sufficient clarity to identify them.

(b) Indicate the amount of bonds and of each series which were originally issued against each of the districts created under such proceedings.

(c) Indicate the amount of such bonds outstanding against each district when the resolution of intention is adopted.

(d) Refer to the serial numbers of the original bonds and set forth the total amount of such bonds outstanding at the time the resolution of intention is adopted, when less than all of the original bonds of a district are to be acquired and canceled.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text:
The resolution shall state:

(a) That it is proposed to issue bonds of the new district.

(b) The maximum amount for which and the character of the proposed new bonds.

(c) The maximum term of the bonds.

(d) The maximum rate of interest to be paid on them, not to exceed 7 percent a year.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text:
The resolution of intention shall state:

(a) The amount of each sum allocated up to the date of the resolution from any source toward the payment and redemption of the original bonds.

(b) That any subsequent allocation, except contributions by way of cancellation of taxes or towards incidental expenses, will be used to reduce the reassessment to be levied.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The legislative body may recite in the resolution of intention the facts upon which it finds that the public interest, convenience, or necessity require the acquisition and cancellation of the original bonds and the creation of the new district.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The resolution shall contain a notice of the time and place at which any person objecting to the proposed acquisition and cancellation of the original bonds, to the creation or extent of the new district, or to the issuance of bonds against it, may appear before the legislative body and show cause why the new district should not be created, or new bonds issued to acquire and cancel the original bonds and to pay the cost of the proceedings under the resolution of intention.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The time shall be not less than 15 nor more than 60 days after the adoption of the resolution.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The resolution of intention shall be published twice in a newspaper designated in the resolution. The first publication shall be at least 10 days before the date set in the resolution for hearing.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: A notice of the passage of the resolution of intention shall be mailed to each property owner at least 10 days before the date set in the resolution for hearing.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: The notice shall be entitled “Notice to Owners of Proposed Assessment and Bond Refunding.”

title: 6. DISTRICTS

article: 3. Resolution of Intention


text:
It shall:

(a) Give notice of the passage of the resolution.

(b) Give notice of its date.

(c) Give notice of the time and place of hearing on the resolution.

(d) Briefly describe the substance of the resolution.

(e) Refer to the resolution on file.

title: 6. DISTRICTS

article: 3. Resolution of Intention


text: Written protests against the proposed refunding or the creation of the new district may be made, filed, heard, considered, and passed upon in the time and manner, with the effect, and subject to the terms of protests against a proposed district pursuant to the Improvement Act of 1911.

title: 6. DISTRICTS

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 4. Protests to Proposed Refunding and District


text:
The legislative body acquires jurisdiction to order the refunding when:

(a) No written protests are filed within the proper time.

(b) All protests are found insufficient or are overruled.

(c) Any correction of the proposed district or refunding has been made and all protests have been heard and denied.

title: 6. DISTRICTS

article: 4. Protests to Proposed Refunding and District


text: The legislative body shall cause a notice of the refunding to be published in a newspaper designated by it.

title: 6. DISTRICTS

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals


text: The notice shall be headed substantially as follows: “Notice to assessment and bondholders of proposed refunding.”

title: 6. DISTRICTS

article: 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals


text:
The notice shall briefly set forth:

(a) The fact of the adoption of the resolution of intention pursuant to this chapter.

(b) Its date.

(c) The purpose of the proceeding indicated in the resolution.

(d) A reference to the resolution for further particulars.

(e) The maximum amount for which and the character of the proposed new bonds.

(f) The maximum term of the bonds.

(g) The maximum rate of interest to be paid on them.

title: 6. DISTRICTS


text:
In the notice the legislative body shall invite the holders of the original bonds to submit to it one or more written proposals stating the terms upon which they will deliver their bonds for cancellation to the legislative body or to any official it designates in consideration for any one of the following:

(a) Delivery of new bonds against the district described in the resolution of intention.

(b) A cash sum to be specified in the proposal.

(c) The delivery and payment of any combination of such bonds and cash specified in the proposal.

title: 6. DISTRICTS


text: The legislative body shall have power under this chapter to refund bonds which constitute an indebtedness of a local agency or any improvement district or zone thereof payable, both principal and interest, from the proceeds of ad valorem taxes or ad valorem assessments which may be levied without limitation as to rate or amount upon property in the local agency or in the improvement district or zone thereof subject to taxation or assessment.

title: 6. DISTRICTS

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 5.5. Refunding of Ad Valorem Tax or Assessment Bonds


text: Refunding bonds may be issued under this chapter for the purpose of refunding any indebtedness of the local agency which is evidenced by bonds, whether due or not due or which may thereafter become payable at the option of such local agency or by consent of the bondholders or by any lawful means.

title: 6. DISTRICTS

article: 5.5. Refunding of Ad Valorem Tax or Assessment Bonds


text: The incidental costs of issuing the refunding bonds may be paid by the purchaser of the refunding bonds or may be paid from any other legally available source including, without limitation, the general fund of the local agency, other available revenues of the local agency under the control of the legislative body, the proceeds of the sale of the refunding bonds, the interest or other gain derived from investment of any of the proceeds of the sale of the refunding bonds, any other moneys in escrow or in trust, or any combination thereof, as the legislative body may determine.

title: 6. DISTRICTS


text: The proceeds of the sale of any refunding bonds shall be deposited in escrow or in trust with any bank or trust company within or without the state, or both within or without the state, and shall be secured in accordance with the laws applicable to funds of the local agency and may, along with any other moneys available for that purpose similarly deposited, be invested or reinvested in federal securities. The term “federal securities” means those securities described in Sections 1360 and 1360.1 of the Financial Code or Section 53601 of this code.

title: 6. DISTRICTS


text:
Such proceeds and reinvestments in escrow or in trust shall be in an amount at the time of the issuance of such refunding bonds sufficient to meet the requirements of either subdivision (a) or (b) of this section. Such proceeds and reinvestments in escrow or in trust shall also be certified by a certified public accountant licensed to practice in this state to be of an amount sufficient to meet such requirements.

(a) Such proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount at least sufficient to pay (i) the principal of, and interest and redemption premiums if any, on, the refunded bonds as they become due, or at designated dates prior to maturity if the legislative body has exercised or has obligated itself to exercise a redemption privilege on behalf of the local agency, and (ii) the designated costs of issuance of the refunding bonds; or

(b) Such proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount at least sufficient to pay (i) the principal of, and interest and redemption premiums if any, on, the refunding bonds prior to the maturity of the bonds to be refunded or prior to a designated date or dates before the maturity of the bonds to be refunded if the legislative body has exercised or has obligated itself to exercise a redemption privilege on behalf of the local agency, (ii) the principal of, and any redemption premiums due on, such refunded bonds at maturity or at such designated date or dates and (iii) the designated costs of issuance of the refunding bonds.

title: 6. DISTRICTS


text:
Upon the issuance, sale and delivery or exchange of refunding bonds pursuant to this article, if both the refunding bonds and the bonds to be refunded remain outstanding for any period of time following the date of the issuance, sale and delivery of the refunding bonds, then until the date on which the bonds to be refunded are no longer outstanding:

(a) If the local agency has met the test of subdivision (a) of Section 59284, the bonds to be refunded shall no longer be considered outstanding in any computation of the general obligation indebtedness of such local agency;

(b) If the local agency has met the test of subdivision (b) of Section 59284, then the bonds to be refunded shall be considered outstanding in any computation of the general obligation bonded indebtedness of such local agency until the date on which the refunded bonds are retired.

title: 6. DISTRICTS


text: In proceeding under the alternatives provided for in this article, it shall be unnecessary for the legislative body to give notice to the bondholders and to obtain their consents or to obtain written proposals from them, and the provisions in this chapter relating to such consents or proposals from the original bondholders shall not be applicable to any proceedings conducted pursuant to the authority in this article.

title: 6. DISTRICTS


text: If pursuant to the notice, the bondholders file with the legislative body one or more written proposals for the surrender and cancellation or redemption of not less than 75 percent of the principal amount of all the original bonds referred to in the resolution of intention, the legislative body shall direct the engineer to make a diagram of the property within the new district, affected or benefited by the proposed acquisition and cancellation of such original bonds and to be assessed to pay the cost of the proceedings.

title: 6. DISTRICTS

article: 6. Diagram

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 6. Diagram


text: If in the original proceedings for formation of the district and the issuance of bonds any lot was excepted from the special assessment tax levy to pay the principal and interest of the bonds, the lot shall be shown upon the diagram but no reassessment shall be levied on it.

title: 6. DISTRICTS

article: 6. Diagram


text: The diagram shall show each lot in the new district and its dimensions sufficient to identify it.

title: 6. DISTRICTS

article: 6. Diagram


text: In refunding the indebtedness of a district the total amount of the reassessment to be levied pursuant to this chapter and any contributions shall not exceed the face amount of the original bonds and coupons and interest on them after the maturity of the bonds and coupons, including interest after the date of the resolution of intention, plus the incidental expenses of the proceedings.

title: 6. DISTRICTS

article: 7. Reassessment

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 7. Reassessment


text: Upon completion of the diagram the engineer or such other person as the legislative body designates shall estimate the benefit to be received by each lot in the new district, as shown by the diagram, from the acquisition and cancellation of the original bonds and from the acquisition and improvement for which they were issued and the total benefit on all such lots.

title: 6. DISTRICTS

article: 7. Reassessment


text: The engineer or such other person shall assess upon and against the land in the new district the total net amount of the cost of the proceedings to be assessed against such land. In so doing he shall assess the total sum upon the lots in the district which are benefited by it by assessing a sum upon each lot in proportion to the estimated benefits to be received by it.

title: 6. DISTRICTS

article: 7. Reassessment


text: Tax deeded lands are subject to reassessment in refunding proceedings pursuant to this chapter.

title: 6. DISTRICTS

article: 7. Reassessment


text:
In making the assessment and estimating the benefits to be received by each lot, the engineer or other person shall consider, among other things, the following:

(a) The principal amount of all the bonds originally issued.

(b) The amount of special assessment levies previously made on account of such bonds.

(c) The amount of outstanding bonds proposed to be acquired and canceled.

(d) The number of issues of such bonds.

(e) The amount which has been collected or paid into the interest and sinking fund of the district for any lot upon assessments previously levied to pay the principal and interest of such bonds.

(f) The delinquency in the payment of any such assessments existing against any lot.

(g) Any allocation referred to in the resolution of intention and any subsequent allocations.

(h) Any costs and expenses incidental to the proceedings.

(i) The amount of any discount or concession referred to in the bondholders’ proposal.

title: 6. DISTRICTS

article: 7. Reassessment


text: When the diagram and assessment have been made, they shall be attached together and filed with the clerk.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 8. Notice of Assessment Hearing


text: Upon such filing, the clerk shall give notice of the filing and of a time to be fixed in the notice by him when all persons interested in the acquisition and cancellation of the original bonds, the diagram, or assessment will be heard by the legislative body.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text:
The notice shall:

(a) Recite that a bondholders’ proposal has been filed.

(b) Briefly indicate its terms.

(c) Refer to the resolution of intention, the bondholders’ proposal, the diagram, and assessment on file for further particulars.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text:
The notice shall contain a statement that before the legislative body may finally confirm the diagram, assessment, bondholders’ proposal, and proceedings, there shall be filed with the clerk the written consent of the owners of:

(a) A majority in area of the land in the district or districts subject to assessment to pay the principal and interest of the original bonds.

(b) A majority in area of the new district.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text: The notice shall state that any such owner may file his written consent to the refunding at any time prior to the adoption of the resolution of final confirmation.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text: The notice shall be posted for not less than 10 days on or near the door of the chamber in which the legislative body conducts its regular public meetings.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text: Before the date designated for the hearing, the notice shall be published twice in the newspaper in which the resolution of intention was published, if still existing, otherwise in any newspaper designated by the legislative body. The first publication shall be at least 10 days before the day set for hearing.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text: The clerk shall mail a copy of the notice to the owners at least 10 days prior to the time fixed for the hearing.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text:
The mailed notice shall also:

(a) Designate the property within the new district belonging to the owner by a description sufficient to enable him to identify it, or by its diagram number and referring to the diagram filed with the clerk.

(b) State the amount proposed to be assessed against the property.

title: 6. DISTRICTS

article: 8. Notice of Assessment Hearing


text:
As used in this article, “interested person” means an owner or any other person interested in any of the following:

(a) The proposed acquisition and cancellation of original bonds.

(b) The diagram.

(c) The assessment.

(d) The bondholders’ proposal.

title: 6. DISTRICTS

article: 9. Hearing on Assessments

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 9. Hearing on Assessments


text:
Prior to the time fixed for the assessment hearing any interested person may appeal to the legislative body by briefly stating in writing the grounds of his appeal. Such appeal may be made upon any of the following grounds:

(a) That he feels aggrieved by any act or determination of the person who prepared the diagram and assessment.

(b) That he objects to their correctness.

(c) That he feels aggrieved by the bondholders’ proposal.

(d) That he feels aggrieved by any other act, determination, or proceeding concerning the diagram, assessment, or proposal.

title: 6. DISTRICTS

article: 9. Hearing on Assessments


text: At the time set for hearing protests the legislative body shall hear and pass upon all protests so made.

title: 6. DISTRICTS

article: 9. Hearing on Assessments


text:
Upon such appeal, the legislative body may:

(a) Remedy and correct any error or informality in the proceedings.

(b) Revise and correct any of the acts or determinations of the person who made the diagram and assessment.

(c) Confirm, amend, or correct the assessment or diagram in such manner as seems just to the legislative body.

(d) Direct the persons who made the assessment and diagram to correct them in any particular.

(e) Require and accept a modification of any bondholders’ proposal in accordance with any protest.

title: 6. DISTRICTS

article: 9. Hearing on Assessments


text: After notice and hearing of assessment pursuant to this chapter all the decisions of the legislative body are conclusive upon all persons entitled to appeal, as to all errors and irregularities which it has power to avoid or remedy during the proceedings or at the hearing.

title: 6. DISTRICTS

article: 9. Hearing on Assessments


text: If the resolution of intention is actually published pursuant to this chapter, a court shall not invalidate any assessment, diagram, or proceedings prior to the assessment, for any informality, or other defect.

title: 6. DISTRICTS

article: 9. Hearing on Assessments


text: When no appeal is taken or when the orders and determinations of the legislative body upon appeal have been complied with and it is satisfied with the correctness of the assessment, it shall forthwith by resolution preliminarily confirm the proceedings, the assessment and diagram, and the proposals.

title: 6. DISTRICTS

article: 10. Preliminary Confirmation

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 10. Preliminary Confirmation


text:
In the resolution the legislative body shall determine:

(a) The amount for which each issue of original bonds are to be acquired.

(b) The amount of the reassessment.

(c) The number of years for which the new bonds are to be issued.

(d) The interest rate on the new bonds.

title: 6. DISTRICTS

article: 10. Preliminary Confirmation


text:
Before the legislative body may proceed after the preliminary confirmation or finally confirm the proceedings, including the diagram, assessment, and proposals, there shall be filed with the clerk written consents to the assessment readjustment and bond refunding proceedings as preliminarily confirmed and to the readjustment of the assessments and the refunding of the bonds pursuant to such proceedings. The consent shall be signed by the owners of a majority in area of the lands in:

(a) Each district whose bonds are to be acquired.

(b) The new district.

title: 6. DISTRICTS

article: 10. Preliminary Confirmation


text: The State Controller may sign any consent to the refunding and reassessment for the State and the board of supervisors of the county in which the property lies may consent to the refunding and reassessment by resolution. If pursuant to law a city or other municipal or public corporation has acquired title to property within the district for nonpayment of taxes, its legislative body may consent to the refunding and reassessment.

title: 6. DISTRICTS

article: 10. Preliminary Confirmation


text: The assessment hearing shall be continued from time to time and the legislative body has continuing jurisdiction to determine by resolution whether and when the written consents of the owners of a majority in area of such lands have been filed.

title: 6. DISTRICTS

article: 11. Final Confirmation

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 11. Final Confirmation


text: If the legislative body determines that the consents have been filed, it shall by resolution finally confirm the proceedings, the assessment and diagram, and the proposals. The clerk shall attach to the assessment and diagram a certified copy of the resolution. The legislative body may thereupon proceed pursuant to this chapter.

title: 6. DISTRICTS

article: 11. Final Confirmation


text: If the proceedings are conducted by a city legislative body, the reassessment as confirmed shall be recorded with the city superintendent of streets.

title: 6. DISTRICTS

article: 12. Recording of Assessment

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 12. Recording of Assessment


text: If the proceedings are conducted by a county legislative body, the reassessment as confirmed shall be recorded with the county surveyor.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text:
The reassessment shall not be recorded until the occurrence of either of the following:

(a) The holders of all original bonds and coupons contract by bondholders’ proposal or otherwise to exchange their bonds and coupons in the proceedings.

(b) If they do not so contract, adequate provision is made pursuant to this chapter for the retirement or payment of the bonds and coupons of nonconsenting holders or their bonds have been subjected to retirement or payment by decree or order of court pursuant to federal bankruptcy laws.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text: When recorded, the amounts so reassessed upon the lots are a lien on the lots as of the date of recordation.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text: The lien shall continue until the reassessment and the interest and penalties are paid or until it is discharged of record.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text: The lien has priority over all special assessment liens created against the same property subsequent to the date of recordation.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text: From the date of the recording all persons are deemed to have notice of the contents of the reassessment.

title: 6. DISTRICTS

article: 12. Recording of Assessment


text: If a bond has not been issued to represent the reassessment, the amounts assessed in the reassessment are payable to the superintendent of streets or county surveyor with whom it is recorded and who may receive the amount due and give a discharge.

title: 6. DISTRICTS

article: 13. Payment of Assessments

path: 6. DISTRICTS > 1. GENERAL > 5. Special Assessment and Bond Refunding Law of 1939 > 13. Payment of Assessments


text: Upon payment of any reassessment, such superintendent of streets or the county surveyor shall mark note of the payment upon the reassessment and shall cancel the reassessment. Upon request, he shall give a receipt to the person making payment.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text:
Immediately upon recordation, the officer with whom the reassessment is recorded shall give notice that:

(a) The reassessment has been recorded in his office.

(b) All sums assessed became due and payable upon the recordation, stating the date.

(c) Payment is to be made to him within 30 days after the date of first publication.

(d) For any reassessment not paid before the expiration of 30 days, a bond will issue pursuant to this chapter, stating the period over which the bond will extend and the rate of interest payable on it.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: The notice shall be published once a week for two weeks in a newspaper designated by the legislative body.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: Notice shall also be given by mailing a postcard to the owners.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: Any reassessment upon public property shall be paid by the officer or board having charge of the disbursement of the funds of the owner of the property. The reassessment is an enforceable obligation against the property owner.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: If money is not available for the payment of the reassessment, the board or officer who levies taxes for the owner of the public property shall include in the next tax levy an amount sufficient to pay the reassessment and the interest from the recordation of the reassessment at the rate stated in the new bonds. When the money received from the tax levy is available, the reassessment and interest shall be paid by such disbursing officer or board.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text:
Any reassessment upon public property not in use in the performance of a public function may be foreclosed pursuant to Sections 5398 to 5421, inclusive, of the Streets and Highways Code except that:

(a) The notice required to be given upon the tax bill need not be given.

(b) The action may be brought at any time after 30 days after the recording of the reassessment.

(c) In the action the reassessment and diagram with proof of nonpayment are prima facie evidence of the right of plaintiff to recover in the action.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: The foreclosure action shall be brought in the name of the local agency whose legislative body levied the reassessment upon the request of any person entitled to any of the money to be derived from the reassessment.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: The foreclosure action may be brought by any competent attorney appointed by the legislative body which levied the reassessment.

title: 6. DISTRICTS

article: 13. Payment of Assessments


text: New bonds shall not issue against public property and the list of unpaid reassessments to be filed with the treasurer shall not include any unpaid reassessments upon public property.

title: 6. DISTRICTS

article: 13. Payment of Assessments