text:
(a) A lien on real property that results from the delinquency in payment of rates or charges, or the collection of future rates or charges, whether or not added to the tax assessment rolls, for water or other utility services supplied to the owners or occupants of real property by a utility owned or operated by a city, as defined in Section 53368, or a city and county, except a lien to discharge bonded indebtedness, shall be subordinate to any prior recorded lien on the property.

(b) A city or city and county may provide that upon the transfer of fee title as evidenced by recordation of a grant deed, trustee’s deed of sale, or other similar instrument, or upon transfer of the utility service of a property containing a master-metered, multifamily residential building of over four units, which building is provided water or power, or both, by a municipal utility owned or operated by a city or city and county, the transferee shall be required to notify the municipal utility of the change in title or service within 30 days of the transfer.

The municipal utility may require such a transferee to deposit with the utility, as security, up to six months of estimated reasonable utility charges with the utility, which deposit may be held by the utility for a period not to exceed two years. The utility may extend the requirement for the security deposit for an additional two years if the owner has been more than 30 days delinquent two or more times within the deposit period. The utility may also waive the security deposit requirement, at its discretion.

In the event a deposit is required of the transferee and the deposit is not paid, or the transferee fails to notify the utility within the time period provided, the utility shall have the right to record a lien against the property for the amount of the required deposit. The lien shall take effect only upon proper recordation in the county recorder’s office in which the property is located, and shall be subordinate to all prior recorded liens on the property.

The failure of the transferee to provide notice to the utility of the transfer or to provide the security deposit shall not affect the validity of the transfer of title to the transferee or the priority of liens on the property existing prior to recordation of the utility’s lien.

To the extent not inconsistent herewith, the existing rights of a city-owned or county-owned utility regarding imposition of a security deposit are preserved.

This subdivision shall not apply to transfers of title or service to court-appointed receivers.

(c) This section shall not be construed as evidence that an ordinance providing for priority liens which was enacted prior to January 1, 1996, was invalid or valid from the time of its enactment until January 1, 1996, and nothing in this section shall require a refund of any moneys collected pursuant to such an ordinance.

history: (History: Added by Stats. 1995, Ch. 604, Sec. 1. Effective January 1, 1996.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


kind: section

code: GOV

text: In exercising its discretion to waive the security deposit authorized by subdivision (b) of Section 43008, a utility shall consider the creditworthiness of the transferee, and any other factors determined by the utility.

history: (History: Added by Stats. 1995, Ch. 833, Sec. 1. Effective January 1, 1996.)

division: 4. FINANCIAL PROVISIONS

title: 4. GOVERNMENT OF CITIES

article: 1. General

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 1. Property Tax Assessment, Levy,and Collection > 1. General


text:
Notwithstanding any other provision of law, the legislative body of a chartered city which assesses and collects its own property taxes may, by ordinance, provide that every person who at 12:01 a.m. on March 1 was the owner of, or had in his possession or under his control, any taxable property, or who acquired such property after such date and is liable for the taxes thereon for the fiscal year commencing the immediately following July 1, which property was thereafter damaged or destroyed, without his fault, by a misfortune or calamity, may, within the time specified in the ordinance, make application for the reassessment of such property and deliver to the assessing official of the city a written statement showing the condition and value, if any, of the property immediately after the damage or destruction, which damage must be shown thereon to be in excess of five thousand dollars ($5,000). The application shall be executed under penalty of perjury or, if executed outside the State of California, verified by affidavit.

Upon receiving a proper application, the assessor shall reassess the property according to its full cash value immediately after the damage or destruction. The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the local board of equalization within 14 days of the date of mailing the notice. If an appeal is requested within the 14-day period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the local board of equalization regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage.

If the damaged full cash value of the property as determined above is not at least five thousand dollars ($5,000) less than the full cash value shown on the assessment roll for the year in question, no adjustment shall be made to said roll and no taxes shall be canceled or refunded. Those reassessed values resulting from reductions in full cash value of at least five thousand dollars ($5,000), as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, said reassessed values shall not be subject to review except by a court of competent jurisdiction.

If no such application is made and the county assessor determines that the full cash value of such property for the assessment year is reduced by more than five thousand dollars ($5,000) from the full cash value of the property for the immediately preceding assessment year due to the damage or destruction caused by the misfortune or calamity, the assessor shall notify the property owner that the property will be reassessed. The assessor shall assess the property, or reassess it if it has already been assessed, according to the condition and value immediately after the damage or destruction, and the assessor, if he reassesses the property, shall transmit to the local board of equalization a description of the property so reassessed, the name of the person making the application in connection with the property, if any, or the name of the property owner notified of the reassessment, and the value of the property as so reassessed. Upon such notice as it may find to be proper, the local board of equalization shall equalize any such assessment or reassessment.

As used in this section, “damage” includes property which has diminished in value as a result of restricted access to the property where such diminution in value was caused by the misfortune or calamity.

The tax rate fixed for property on the roll on which the property so assessed appears or the property so reassessed appeared at the time of its original assessment shall be applied to the amount of the equalized assessment or reassessment determined in accordance with this section. In the event that the resulting figure is less than the tax theretofore computed, the tax shall be determined as follows:

(a) With respect to property on the secured roll, a prorated portion of the tax due on the property as originally assessed at the rate established for the property on the secured roll for the current fiscal year, such proration to be determined on the basis of the number of months in the year during which the property was in an undamaged condition plus a proration of the tax due on the property as reassessed in its damaged or destroyed condition at the rate established for property on the secured roll for such fiscal year, such proration to be determined on the basis of the number of months in the year in which the property was in a damaged condition, including the month in which the damage was incurred.

(b) With respect to property on the unsecured roll, a prorated portion of the tax shall be computed on the original assessment of the property and a prorated portion of the tax computed on the reassessment of the property as determined in the preceding paragraph.

Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code, as an erroneously collected tax.

history: (History: Amended by Stats. 1976, Ch. 1388.)

title: 4. GOVERNMENT OF CITIES

chapter: 1. Property Tax Assessment, Levy,and Collection

article: 1. General


text: Property sold for city taxes is subject to redemption within a redemption period of at least five years upon such terms as the legislative body prescribes by ordinance.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Every tax has the effect of a judgment against the person, and every tax lien has the effect of an execution levied against all property of the delinquent.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for payment except that the tax lien ceases to exist for all purposes after thirty years from the time the tax became a lien.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Every tax is conclusively presumed to have been paid after thirty years from the time it became a lien, unless the property has been sold pursuant to law for the payment of the tax.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Unless the city avails itself of the general laws relative to the assessment and collection of city taxes by county officers, at the first regular meeting in July the legislative body shall sit as a board of equalization, and continue in session from day to day until all returns of the assessor have been rectified. It shall hear complaints, and correct, modify, or strike out any assessment made by the assessor. Of its own motion it may raise any assessment, after notice to the person whose assessment is to be raised.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Notice of the time and place of sitting shall be given in the manner prescribed by ordinance.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The corrected list for each tax is the assessment roll upon which the tax is levied for that year. The city clerk, acting as clerk of the board of equalization, shall certify the corrected list as being the assessment roll.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: This article does not prevent the legislative body from exercising the power granted by general laws relative to the assessment and collection of taxes by county officers.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) The legislative body of any city which is encompassed entirely within the territory of a special district may elect to pay the district an amount equal to the amount the district would derive from its share of property tax allocations applicable to all property within the incorporated limits of the city.

(b) If a legislative body makes an election pursuant to subdivision (a), the county auditor shall reallocate property taxes due to the special district within the incorporated limits of the city to the city.

The county auditor shall report to the State Controller the amount of property taxes reallocated to a city pursuant to this subdivision, as well as the total amount of property taxes allocated to the city pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. No reallocation made pursuant to this subdivision shall affect any allocations of property tax revenues to the city or special district in subsequent fiscal years pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code.

(c) If a city legislative body makes an election pursuant to subdivision (a), and upon apportionment of taxes by the county, the reallocated amounts shall be paid by the city or transferred by the county auditor to the district.

(d) If the legislative body of a city makes an election pursuant to subdivision (a), the legislative body shall notify the county auditor by no later than the first day of September of the fiscal year in which the election becomes effective.

(e) For purposes of this section, “special district” means any special district where the county board of supervisors act as, or has appointed, the governing body of the districts providing fire or library services to one or more cities or any county library service established under Chapter 2 (commencing with Section 27151) of Division 20 of the Education Code provided for one or more cities, if all property within the city is taxed to support the service.

(f) This section does not apply in any case in which a city is making the payments described in this section to a district on the effective date of this section.

(g) If any additional costs are incurred by a county as a result of an election under this act by a city, the county may collect the costs from the city.

(h) This section applies only to cities which are in counties which have a population of 6,000,000 or more.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 183.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: This article does not apply to any city governed by general law until its legislative body elects to avail itself of the article.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 1. Property Tax Assessment, Levy,and Collection > 2. Alternative Methods


text: If the legislative body elects to proceed under this article, annually on or before the lien date, it shall pass an ordinance to that effect and file a certified copy of the ordinance with the auditor of the county in which the city is situated.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The legislative body shall meet annually on the first Monday in August, and by ordinance fix the amount of money necessary to be raised by taxation upon the taxable property in the city, as a revenue to operate the various city departments and to pay the city indebtedness for the current year.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: Annually on or before the third Monday in August, the county auditor shall transmit to the legislative body of each city within the county a written statement showing the total value of all property within the city.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The value shall be ascertained from the county assessment-book for the year, as equalized and corrected by the board of supervisors.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: On the first Monday of October, the city legislative body shall fix the tax rate, designating the number of cents upon each one hundred dollars ($100) and using as a basis the value of property as assessed by the county assessor and returned to the legislative body by the county auditor.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The tax rate shall be sufficient to raise the amount fixed by the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The legislative body shall immediately transmit to the county auditor a statement of the tax rate so fixed.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The auditor shall compute and enter in a separate column in the assessment book, to be headed “City Tax, City of ____” (naming it), the respective sums, in dollars and cents, to be paid as a city tax on the property therein enumerated and assessed as being in any city. He shall use the rate fixed by the legislative body and the assessed value as found in the assessment book.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: Taxes levied pursuant to this article shall be collected at the time and in the manner as county taxes.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: When collected, the net amount shall be paid to the treasurer of the city to which it belongs, under the general requirements and penalties provided by law for the settlement of other taxes.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: On the filing of itemized statements by the county auditor and county tax collector showing the additional expense to their offices of assessing and collecting city taxes, by an order spread upon its minutes, the board of supervisors may deduct such expenses from the taxes of each city while in the hands of the county tax collector and order the amount transferred to the county salary fund.

title: 4. GOVERNMENT OF CITIES

article: 2. Alternative Methods


text: The legislative body of any city operating under a charter framed pursuant to Section 8, Article XI of the Constitution may adopt an ordinance by a majority of all its members, changing the fiscal year of the city to begin at a time other than that fixed by the charter.

title: 4. GOVERNMENT OF CITIES

article: 3. Fiscal Year in Chartered Cities

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 1. Property Tax Assessment, Levy,and Collection > 3. Fiscal Year in Chartered Cities


text: By ordinance passed in the same manner, the legislative body may fix the time for making the annual tax levy, and the time at which the tax lien attaches. It may change the times designated in the charter for making the assessment, demanding statements of property, preparing the assessment roll, equalizing the assessment, and for all other matters relating to the assessment and collection of city taxes.

title: 4. GOVERNMENT OF CITIES

article: 3. Fiscal Year in Chartered Cities


text: A chartered city may provide, in a special assessment improvement procedure ordinance adopted pursuant to its charter, for the application of the supplemental remedy provisions of Part 13 (commencing with Section 8800) of Division 10 of the Streets and Highways Code.

history: (History: Added by Stats. 1963, Ch. 1376.)

title: 4. GOVERNMENT OF CITIES

chapter: 2. Special Taxes

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 2. Special Taxes > 3. Chartered City Special Assessment Procedure


text: All money received from licenses, street poll taxes, fines, penalties, and forfeitures shall be paid into the general fund.

title: 4. GOVERNMENT OF CITIES

chapter: 3. Funds

article: 1. General

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 3. Funds > 1. General


text: All moneys received from sales and use taxes shall be paid into the General Fund, or into such special fund or funds for such purpose or purposes as shall be established by ordinance.

history: (History: Added by Stats. 1959, Ch. 767.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
By ordinance or resolution, the city legislative body may create one or more revolving funds in connection with proceedings had under any general law for the following purposes:

(a) The establishing, laying out, opening, widening, extending, straightening, constructing, improving, or altering of streets, highways, boulevards, and public ways.

(b) The establishing, modifying or changing the grade thereof.

(c) The construction of the necessary pavements, curbs, sidewalks, culverts, bridges, tunnels, viaducts, and other structures, including the acquisition of lands, rights of way, or other property necessary for such purposes.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 3. Funds > 2. Street Work Revolving Fund


text:
The revolving fund may be created and used when the cost of the work or improvement is to be paid for:

(a) By special assessment.

(b) Out of any general or special city fund.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text:
By resolution, the legislative body may order money from any of the following funds transferred to and deposited in the revolving fund:

(a) The general fund.

(b) The permanent improvement fund.

(c) The general street improvement fund.

(d) Any fund received from the county or State to be expended in laying out, constructing, or otherwise improving or maintaining any street or other public way, or to be expended in acquiring lands or rights of way therefor.

(e) The proceeds of any municipal bonds, issued before or after the creation of the revolving fund, which may lawfully be appropriated to and expended for any of the purposes enumerated in this article.

(f) Any other fund which may lawfully be appropriated to any such purposes.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: The legislative body may appropriate any sums deemed necessary out of any such revolving fund and expend the money for any of the purposes enumerated and incidental expenses.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: It may advance money from the revolving fund as a deposit pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 of, or Article 2 (commencing with Section 1268.110) of Chapter 11 of, Title 7 of Part 3 of the Code of Civil Procedure in any eminent domain proceeding to acquire any property necessary in establishing, laying out, opening, widening, extending, or straightening any street or other public way.

history: (History: Amended by Stats. 1975, Ch. 1240.)

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: It may appropriate money out of any such revolving fund and, at prices not exceeding their face value, purchase improvement bonds or warrants representing special assessments for public improvements within the city and issued under general law.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: It may collect payments of principal and interest upon such bonds or warrants and deposit them in the revolving fund.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text:
The legislative body may order the revolving fund reimbursed, in whole or in part, when the following conditions exist:

(a) It has appropriated and expended or advanced any sum out of the fund to pay or to secure the payment of the cost of improvement of a street or other public way pursuant to this article, or the cost of acquiring land, rights of way, or other property necessary for such purposes.

(b) The cost, either in whole or in part, of the improvement is a lien assessed upon property abutting upon the improvement according to frontage or benefits, or upon property in districts according to benefits, and assessments are levied and collected for the cost.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text:
It may order that the revolving fund be reimbursed, either in whole or in part:

(a) By the deposit of the whole or any part of such assessments when collected.

(b) From the proceeds of any bonds of the district benefited, or from the proceeds of any bonds representing such assessments issued pursuant to law.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: The amount of the reimbursement shall not exceed the amount paid out of or advanced from the revolving fund for the improvement.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: The legislative body may reimburse the revolving fund, in whole or in part, by appropriating to, and depositing in, the fund money from any of the funds enumerated in Section 43422.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text: At any time the legislative body may reduce or discontinue the revolving fund. Upon such reduction or discontinuance, it shall transfer the money in the revolving fund to the funds from which it was derived, or may expend the money for any of the purposes of this article.

title: 4. GOVERNMENT OF CITIES

article: 2. Street Work Revolving Fund


text:
Pursuant to this article, any city whose corporate limits include or front upon any harbor, bay or estuary, or other navigable water, whether the tidelands or waterfront is owned or controlled by it or by the State, either in whole or in part, may incur an indebtedness for:

(a) The improvement, repair, and maintenance of its harbor.

(b) The erection of wharves, piers, seawall, state or municipal railroad and spurs along the harbor.

(c) Betterments, appurtenances, and dredging and filling necessary in connection with the harbor.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 3. Funds > 3. Harbor Improvement Fund


text:
The city may create one or more funds for the payment of such indebtedness. Whether the funds are under the management and control of a state board of harbor commissioners or the management and control of the city, or any of its officers, boards or departments, pursuant to statute or charter of the city, the city may provide money for such funds by either or both of the following methods:

(a) The levy and collection of taxes.

(b) The issuance and sale of bonds.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund


text: The city may also issue and sell its bonds to provide a fund for the redemption, cancellation, and retirement of state bonds issued and sold to provide a fund for any improvement or construction in its harbor.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund


text: All provisions of law, or of the charter of the city, relative to the issuance and sale of other city bonds and the mode and manner of calling, holding, and canvassing an election authorizing the issuance and sale of such bonds, apply equally to the issue and sale of the bonds authorized by this article and to the mode and manner of calling, holding, and canvassing an election with reference to such bonds.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund


text: Where by law or charter of the city the management, control, and improvement of the harbor or tidelands is vested in whole or in part in a state board of harbor commissioners, the city may turn over to the State Board of Harbor Commissioners any funds which it provides. Such funds shall be used, managed, and controlled by the State Board of Harbor Commissioners for such work of improvement, repair, maintenance, and construction as the city lawfully designates.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund


text: When any city provides any fund for the redemption, cancellation, or retirement of any state bonds pursuant to this article, the city through its appropriate officers may transfer the money in the fund to the State Treasurer. Upon its receipt the State Treasurer shall place the money in the appropriate sinking fund and apply it to the redemption, cancellation, and retirement of such state bonds.

title: 4. GOVERNMENT OF CITIES

article: 3. Harbor Improvement Fund


text: As used in this article, “an issue of bonds” means the aggregate principal amount of all bonds authorized by a proposal approved by the city electors pursuant to this article.

title: 4. GOVERNMENT OF CITIES

chapter: 4. Bonds

article: 1. General

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 1. General


text: As used in this article, “municipal improvement” includes bridges, waterworks, water rights, sewers, light and power works or plants, buildings for municipal uses, wharves, breakwaters, jetties, seawalls, schoolhouses, fire apparatus, street work, and other works, property, or structures necessary or convenient to carry out the objects, purposes, and powers of the city. “Municipal improvement” also includes the acquisition of real property for a civic center site or for any public use or uses, whether or not the improvement of said real property is part of the purposes for which the bonds are to be issued and whether or not funds for the improvement of said real property are presently available from other sources.

history: (History: Amended by Stats. 1958, 1st Ex. Sess., Ch. 47.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Pursuant to this article, a city may incur indebtedness for any municipal improvement requiring an expenditure greater than the amount allowed for it by the annual tax levy.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
(a) A city or a city and county may also incur indebtedness pursuant to this chapter for seismic strengthening of unreinforced buildings and other buildings. Proceeds of bonds authorized pursuant to this section may be used to make loans to public entities or owners of private buildings. Loans shall satisfy all of the following:

(1) Any loan used to finance seismic strengthening of a residential structure containing units rented by households specified in Section 50079.5 of the Health and Safety Code before strengthening shall be subject to a regulatory agreement which will ensure that the number of those units in the structure will not be reduced and will remain available at affordable rents pursuant to Section 50053 of the Health and Safety Code as long as any portion of the loan is unpaid.

(2) All seismic strengthening financed with any loan funded pursuant to this section shall be in accordance with a plan developed for the structure by a registered civil engineer or a licensed architect, or approved by a city or city and county building official, one of whom shall certify that the work funded is necessary for seismic safety reasons, or is otherwise legally required for completion of the work or occupancy of the building. In no event shall any loan funded pursuant to this section finance the destruction of any existing building or the construction of any new building.

(3) Any amount received in payment of interest on or to repay principal on any loan made pursuant to this section shall be used to pay debt service on bonds authorized pursuant to this section, or shall be used to fund additional loans for seismic strengthening, except that the provisions of this paragraph shall not apply after the bonds, including any bonds issued to refund the bonds, are fully repaid.

(4) Loans made pursuant to this section shall constitute liens in favor of the city or city and county when recorded by the county recorder of the county in which the real property is located. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.

(5) The legislative body of the city or city and county may specify the interest rate, term, and other provisions of any loan made pursuant to this section.

(6) A city or city and county may issue bonds and make loans pursuant to this section only if the city or city and county has completed an inventory of unreinforced masonry structures within its jurisdiction and has adopted a mitigation ordinance pursuant to Section 8875.2 or Section 19163 of the Health and Safety Code. The city or city and county shall establish criteria, terms, and conditions to identify eligible buildings.

(b) The legislative body of the city or city and county is authorized to expend the proceeds of bonds authorized by this section to make loans pursuant to this section. The legislative body of a city or city and county shall declare in the bond proposition that loans made from bond proceeds pursuant to this section to owners of private buildings for seismic strengthening of unreinforced buildings or other buildings constitute a public purpose resulting in a public benefit. Loans made pursuant to this section shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution.

(c) Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code).

(d) The Legislature hereby declares that loans made from bond proceeds pursuant to this section to owners of private buildings for seismic strengthening of unreinforced buildings or other buildings constitute a public purpose resulting in a public benefit.

history: (History: Amended by Stats. 1992, Ch. 18, Sec. 7. Effective March 26, 1992.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When a city planning commission and the legislative body approve a group of municipal improvements as constituting a city plan, the legislative body may submit a single bond proposition covering the entire group of improvements. The provisions of Title 7 of this code shall not apply to the formulation and approval of a city plan under this section.

history: (History: Amended by Stats. 1961, Ch. 701.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Such a city plan may include land for public use, public buildings including auditoriums and stadiums, parks, streets, transportation facilities and other municipal improvements.

history: (History: Amended by Stats. 1949, Ch. 1050.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: A city shall not incur an indebtedness for public improvements which exceeds in the aggregate 15 percent of the assessed value of all real and personal property of the city. Within the meaning of this section “indebtedness” means bonded indebtedness of the city payable from the proceeds of taxes levied upon taxable property in the city.

history: (History: Amended by Stats. 1955, Ch. 334.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: An indebtedness is incurred within the meaning of this article to the extent of the principal amount of bonds sold and delivered.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Proceedings are initiated when the city legislative body passes a resolution by a two-thirds vote of all its members determining that the public interest or necessity demands the acquisition, construction, or completion of any municipal improvement.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: At any subsequent meeting, by a two-thirds vote of all its members, the legislative body may pass an ordinance ordering the submission of the proposition of incurring a bonded debt for the purpose set forth in said resolution to the qualified voters of the city at an election held for that purpose.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Propositions for more than one object or purpose may be submitted at the same election.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The ordinance shall recite:

(a) The object and purpose of incurring the indebtedness.

(b) The estimated cost of the public improvements.

(c) The amount of the principal of the indebtedness.

(d) The rate or maximum rate of interest on the indebtedness, which shall not exceed 8 percent, and need not be recited if it does not exceed 412 percent. Said interest shall be payable semiannually except that interest for the first year after the date of the bonds may be made payable at the end of said year.

(e) The date of the election.

(f) The manner of holding the election and the procedure for voting for or against the proposition.

history: (History: Amended by Stats. 1975, Ch. 130.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The ordinance may provide that the estimated cost stated therein of the public improvements includes any or all of the following:

(a) Legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds.

(b) The costs of printing the bonds and other costs and expenses incidental to or connected with the authorization, issuance and sale of the bonds.

(c) If the public improvements are revenue-producing public works, bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.

If such statement is made, the proceeds of the sale of the bonds may be used to pay such of the foregoing as are stated in the ordinance.

This section shall not be construed to authorize a city to use the proceeds of the sale of bonds for a purpose for which it could not use its general fund.

history: (History: Amended by Stats. 1967, Ch. 1079.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The ordinance shall be published once a day for at least seven days in a newspaper published at least six days a week in the city, or once a week for two weeks in a newspaper published less than six days a week in the city.

If there are no such newspapers, it shall be posted in three public places in the city for two succeeding weeks.

No other notice need be given.

history: (History: Amended by Stats. 1957, Ch. 844.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If an election called pursuant to this article is consolidated with any other election, the ordinance calling the bond election need not set forth the election precincts, polling places and officers of election but may provide that the precincts, polling places and officers of election shall be the same as those set forth in the ordinance, order, resolution or notice calling or providing for or listing or designating the precincts, polling places and election officers for the election with which the election called pursuant to this article is consolidated, and shall refer to such ordinance, order, resolution or notice by number and title or date of adoption, or by date or proposed date of publication and the name of the newspaper in which publication has been or will be made, or by any other definite description.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: Except as otherwise provided in the ordinance, the election shall be conducted as other city elections.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If two-thirds of the electors voting on the proposition vote for it, the bonds may be issued.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When two or more propositions for incurring indebtedness are submitted at the same election, the votes cast for and against each proposition shall be counted separately.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If any proposition is defeated by the electors, the legislative body shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of such a proposition, signed by 15 percent of the city electors as shown by the votes cast for all candidates for Governor at the last election, is filed with the legislative body, it may hold an election before the expiration of six months.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body shall prescribe the form of the bonds and interest coupons, and fix the date of the bonds.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The maturity of each series shall comply with this article.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body shall fix, and designate in the bonds, a time and place for payment of the bonds. Except as provided in Section 43620 of the code, not less than one-fortieth of the principal amount of each issue or series of bonds with interest on all sums unpaid shall be paid every year.

history: (History: Amended by Stats. 1951, Ch. 1403.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may fix a date, not more than two years from the date of issuance, for the earliest maturity of each issue or series of bonds and in the case of bonds issued for the acquisition, construction, or completion of revenue-producing public works may fix a date not more than 10 years from the date of issuance for the earliest maturity of each issue or series of bonds. Beginning with the date of the earliest maturity of each issue or series, not less than one-fortieth of the indebtedness of such issue or series shall be paid every year; provided, however, the bonds of any issue or series irrespective of the purpose for which the same are to be issued may be made to mature and become payable in approximately equal total annual installments of interest and principal, during the term of the bonds computed from the first year in which any part of the principal shall mature to the date of final maturity which annual installments may vary one from the other in amounts not exceeding in any year more than 5 percent of the total principal amount of the bonds of such issue or of the series thereof then proposed to be issued. The final maturity date shall not exceed 40 years from the time of incurring the indebtedness evidenced by each issue or series.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: An action to determine the validity of bonds 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: Amended by Stats. 1961, Ch. 1548.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may provide for redemption of bonds before maturity at prices determined by it. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The bonds shall be issued in such denomination or denominations as the legislative body may prescribe.

history: (History: Amended by Stats. 1963, Ch. 736.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The bonds shall be signed by the mayor, or such other officer as the legislative body authorizes by resolution adopted by a two-thirds vote of all its members, and the city treasurer. They shall be countersigned by the clerk or a deputy clerk.

history: (History: Added by Stats. 1949, Ch. 79.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The bond coupons shall be numbered consecutively and signed by the treasurer.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: All signatures and countersignatures except that of the clerk or the clerk’s deputy may be printed, lithographed, or engraved.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 57. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officer’s signature is as effective as if the officer had remained in office.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 58. (SB 1498) Effective January 1, 2019.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The bonds may be issued and sold as the legislative body determines, but for not less than par. Before selling the bonds, or any part thereof, the legislative body shall give notice inviting sealed bids in such manner as the legislative body may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the legislative body may reject all bids received, if any, and either readvertise or sell the bonds at private sale.

history: (History: Amended by Stats. 1951, Ch. 1568.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: All premiums and accrued interest received shall be placed in the fund to be used for the payment of principal of and interest on the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury to the credit of the proper improvement fund and applied exclusively to the purpose and object recited in the ordinance; provided, however, that when said purpose and object has been accomplished any moneys remaining in such improvement fund shall be transferred to the fund to be used for the payment of principal of and interest on the bonds. Further, when such purpose and object have been accomplished and all principal and interest on the bonds have been paid, any balance of money then remaining shall be transferred to the general fund.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: The legislative body may provide for delivery of any bonds at places outside the city or State, and for receipt and transmittal of the purchase price in cash or bank credits in the form of certified Federal Reserve bank funds.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: After three years after a bond election the legislative body may determine, by ordinance adopted by a two-thirds vote of all of its members, that no part of the bond issue remaining unsold shall be issued or sold. When the ordinance takes effect, the bonds remaining unsold and described in the ordinance become void.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
When the legislative body determines by resolution that the expenditure of money raised by the sale of bonds for the purpose for which the bonds were voted is impracticable or unwise, it may call a special election to obtain the consent of the electors to use the money for some other specified municipal purpose.

The procedure shall be the same as when the bond proposition was originally submitted.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: At the time of making the general tax levy after incurring the bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the legislative body shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: If the earliest maturity of the bonds is more than one year after the date of issuance, the legislative body shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for payment of the principal on or before maturity.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: These taxes shall be levied and collected as other city taxes, and in addition to all other taxes. They shall be used only for payment of the bonds and interest.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: A city may undertake to perform the work directly on any municipal improvement for which bonds are issued pursuant to this article, purchasing the materials and hiring the labor without following the ordinary procedure in awarding contracts.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: When the city and the United States jointly perform work on such municipal improvements, the city may turn over its portion of the cost to the United States for expenditure by it.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text: By resolution, the legislative body may require the treasurer to give additional bonds for the safe custody and care of the public funds.

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
When municipal improvements are being made pursuant to this article, the legislative body shall make all necessary regulations for carrying out and maintaining the improvements and appoint all necessary agents to look after the construction and operation of improvements.

The board of public works shall perform these duties in cities having freeholders’ charters providing for such a board.

The legislative body may contract with a specially qualified person, firm or corporation to act as fiscal agent. Such contracts may authorize the fiscal agent to act as agent for any city officer or employee in the performance of any duty required to be performed, or in taking any action authorized to be taken in connection with bonds issued pursuant to this chapter.

history: (History: Amended by Stats. 1957, Ch. 1363.)

title: 4. GOVERNMENT OF CITIES

article: 1. General


text:
The legislative body of any city, except a city and county, may provide for the funding or refunding of outstanding indebtedness pursuant to this article, if either of the following conditions exist:

(a) The city has an outstanding indebtedness evidenced by bonds, warrants, notes or other evidences of indebtedness, or a judgment.

(b) Any department, board, or special fund of the city has an outstanding indebtedness evidenced by bonds, warrants, or notes or other evidences of indebtedness, and such indebtedness has been created for a purpose for which bonds of the city could have been lawfully authorized and issued.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 3. Refunding Indebtedness


text: By a two-thirds vote of its number, the legislative body may fund or refund the indebtedness at, after, or before maturity and issue bonds of the city for the indebtedness.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The bonds shall be issued in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) each, have not more than 40 years to run, and bear a rate of interest not to exceed 8 percent a year, payable semiannually.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The rate of interest during the entire term of the bonds need not be the same but different rates may be fixed for one or more interest payments.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The bonds shall be serial bonds, and not less than one-fortieth of the principal and interest on all sums unpaid shall be paid each year.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The legislative body may fix a date for the earliest maturity of the principal of the bonds, not more than three years from the date of the issue.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The bonds shall be payable in such money and at such places as the legislative body designates in the bonds.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The bonds may be sold in the manner provided by the legislative body, to the highest bidder, at such price that the interest rate paid by the city, computed on the sale price, will not exceed 8 percent a year, or may be exchanged for the outstanding evidences of indebtedness pursuant to this article.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The proceeds of any sale for cash shall be placed in the city treasury to the credit of the funding fund, and applied only to refunding the indebtedness for which the bonds are issued.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: Any proceeds of the refunding bonds remaining after the indebtedness has been paid shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for the purpose of paying such principal or interest as it matures.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: At the time of making the general tax levy after incurring the bonded indebtedness and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the legislative body shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of the next general tax levy will be available.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: If the earliest maturity of the refunding bonds is more than one year after the date of issuance, the legislative body shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for payment of the principal on or before maturity.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The taxes shall be levied and collected as other city taxes, and are in addition to all other taxes. They shall be used only for the payment of the bonds and interest.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text:
(a) Prior to the issuance by a city of bonds pursuant to this chapter, the legislative body may elect, by resolution, to guarantee payment on outstanding bonds of the city issued pursuant to this chapter in accordance with the following:

(1) A city that elects to participate under this section shall provide notice to the Controller of that election, which notice shall include a schedule for the repayment of principal and interest on the bonds, and identify a bond trustee appointed by the city for the purposes of this section.

(2) In the event that, for any reason, the amount of tax revenues made available pursuant to this article for the payment of principal and interest of the bonds will not be sufficient for that purpose at the time payment on principal, interest, or both, is required as to any one or more of those bonds, the city shall so notify the bond trustee. The bond trustee shall immediately communicate that information to the affected bondholder or bondholders and to the Controller.

(3) When the Controller receives notice from the trustee as described in paragraph (2), or the amount of tax revenues made available pursuant to this article for the payment of principal and interest of the bonds is not sufficient for that purpose at the time payment on principal, interest, or both, is required as to any one or more of those bonds, the Controller shall make an apportionment to the bond trustee in the amount of that required payment for the purpose of making that payment. The Controller shall make that payment only from moneys credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which that city is entitled at that time under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code, and shall thereupon reduce, by the amount of the payment, the subsequent allocation or allocations to which the county would otherwise be entitled under that chapter.

(4) A city shall be entitled to reimbursement, from tax revenues collected pursuant to this article, in an amount equal to the amount by which its allocation or allocations under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code are reduced pursuant to subdivision (c).

(b) This section shall not be construed to obligate the State of California to make any payment to a city from the Motor Vehicle License Fee Account in the Transportation Tax Fund in any amount or pursuant to any particular allocation formula, or to make any other payment to a city, including, but not limited to, any payment in satisfaction of any debt or liability incurred or guaranteed by a city in accordance with this section.

history: (History: Added by Stats. 1990, Ch. 1177, Sec. 4. Effective September 24, 1990.)

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text:
Bonds to fund or refund the indebtedness shall not be issued unless authorized by the electors of the city voting at an election to be called and held for that purpose, in either of the following cases:

(a) When the indebtedness is evidenced by warrants or by judgment obtained for indebtedness or liability incurred by the city exceeding the income and revenue provided for the year in which the indebtedness or liability was incurred.

(b) When the indebtedness is that of any department, board, or special fund of the city, and has been incurred without submission of the proposition of incurring the indebtedness to the city electors, and without the assent of two-thirds of the electors voting at an election held for that purpose.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The election shall be called and held pursuant to Article 1 of this chapter.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The ordinance calling the election shall recite the object and purposes for which the bonded indebtedness is to be incurred.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: When it is proposed to refund any outstanding bonded indebtedness of a city upon terms which permit any number of the refunding bonds to mature more than forty years from the time the original indebtedness was incurred, the proposition of refunding the indebtedness shall be submitted to the electors of the city at an election held for that purpose, and the assent of two-thirds of the electors voting at such election is necessary to authorize the issuance of the refunding bonds. The election shall be called and held in the manner of other elections under this article.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The proceeds from the sale of the bonds shall be applied by the treasurer to the satisfaction of the judgment or the refunding of the indebtedness for which the bonds were issued, or the bonds may be exchanged at their par value for the evidences of indebtedness to be refunded, at their par value.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: If the refunding bonds are issued in whole or in part to refund before maturity an indebtedness evidenced by bonds, notes, or other evidences of indebtedness, which according to their terms are subject to call or payment before maturity at a price in excess of par, the refunding bonds may be exchanged at not less than their par value for such other bonds, notes, or evidences at the price specified therein for payment before maturity, subject to adjustment of accrued interest to the date of exchange.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: When sufficient money is in the funding fund to redeem one or more outstanding past due bonds, warrants, judgments, notes, or other evidences of indebtedness or to redeem one or more of the outstanding bonds, warrants, notes, or other evidences of indebtedness which are subject to call or payment before maturity, and which are proposed to be funded or refunded, the treasurer shall publish a notice that he is prepared to pay the bond, warrant, judgment, note, or other evidence of indebtedness (giving its number, if any). The notice shall be published once a week for two weeks in a newspaper of general circulation published in the city, if there is one. If the bond, warrant, judgment, note, or other evidence of indebtedness is not presented for redemption within thirty days after the first publication of the notice, the interest upon it ceases.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: At the same time the treasurer shall deposit in the post office a copy of the notice, enclosed in a sealed envelope, postage prepaid, addressed to the registered owner of any such bond, warrant, judgment, note or other evidence of indebtedness, registered pursuant to law, whose address appears upon the record in the treasurer’s office. If the bond, warrant, judgment, note, or other evidence of indebtedness is not presented within the time specified in the notice, the interest upon it ceases, and the amount due shall be set aside for the payment when it is presented.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: If any bonds are authorized for funding or refunding before maturity any obligations which by their terms are subject to call and payment before maturity, and which specify the manner in which they shall be called and paid, the call and payment of such obligations shall be in the specified manner.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: When any outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness are surrendered and paid, the treasurer shall cancel them by endorsing on their faces the amount for which they are received, “canceled,” and the date of cancellation.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The treasurer shall keep a record of bonds, warrants, judgments, notes, or other evidences of indebtedness redeemed, and report the redemptions to the city legislative body.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: If the obligations were issued by, on account of, or against, any department, board, or special fund of the city, he shall make the report to such department, board, or officer having custody of the special fund.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: The report shall be made at least once a month, and shall be accompanied by the bonds, warrants, judgments, or other evidences of indebtedness which have been taken up and canceled.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: Any money remaining in the funding fund, after all outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness proposed to be refunded have been taken up and canceled, shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for paying such principal or interest as they mature.

title: 4. GOVERNMENT OF CITIES

article: 3. Refunding Indebtedness


text: This article may be cited as the Investment Bond Act of 1909.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 4. Investment Bond Act of 1909


text:
Whenever the public interest or necessity requires, any city may incur a bonded indebtedness to acquire bonds:

(a) Issued by the city.

(b) Issued by or for any district in the city.

(c) Issued for street work or other public improvements in the city under any law providing for the performance of street work or other public improvements or the issuance of bonds to represent or be secured by assessments levied for such work or improvements, including bonds issued under the Improvement Bond Act of 1915 and the Acquisition and Improvement Act of 1925.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text:
It is the intent of the Legislature in adopting this article that the acquisition of such bonds or investments of the general improvement fund shall be for any or all of the following purposes:

(a) Aiding or facilitating the making of needed public improvements in the city.

(b) Limiting or preventing such increasing of district taxes or assessments as may impair the general tax revenues of the city from any district.

(c) Providing means to reduce district indebtedness or assessments represented by or securing bonds.

(d) Obtaining collection of delinquent city taxes.

(e) Restoring property to the tax rolls in order that city taxes may be collected on such property.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: Bonds issued pursuant to this article shall be issued substantially in the manner prescribed by Article 1 of this chapter.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The ordinance calling the election need not contain any statement as to the estimated cost of the proposed public improvement.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text:
If the bonds are to be issued to acquire outstanding bonds, the ordinance shall state generally:

(a) What bonds are to be purchased or acquired.

(b) The total principal amount of such bonds.

(c) The maximum purchase price proposed to be paid for them. The maximum purchase price shall not exceed the amount stated.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The interest rate on the bonds need not be the same during the entire term and different rates may be fixed for one or more interest payments.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The bonds shall not be sold at less than their par value. They may be exchanged at their par value for the outstanding bonds if the outstanding bonds are taken in exchange at a price not exceeding the maximum purchase price stated in the ordinance calling the election.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: In the exchange of bonds, interest upon the bonds to be acquired accruing to the date of exchange may be offset against the interest accruing upon the bonds issued pursuant to this article. In the purchase of bonds, interest accruing to date of exchange may be paid.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: Bonds issued pursuant to this article shall be redeemed and paid pursuant to Article 1 of this chapter.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: Taxes for the payment of the bonds shall be levied pursuant to Article 1 except where any issue of bonds pursuant to this article is to mature at one time.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The legislative body of any city shall keep the funds arising from the sale of bonds pursuant to this article separate and distinct from all other municipal funds in a fund to be called “general improvement fund,” and shall invest and reinvest the money in bonds issued by the city, or bonds issued for street, sewer, drainage, or any other improvements within the city. It shall collect the principal of and interest on such bonds and credit it to the fund.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: If the bonds are issued to acquire or to provide funds for the purchase of certain outstanding bonds, they may be used only for that purpose. All of the funds not so used and all sums received in payment of principal or interest of the bonds acquired by the city or received from their sale shall be used for the payment of the principal and interest of the bonds issued pursuant to this article.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: At such times as the legislative body determines, it may sell any of the bonds purchased by it. The bonds shall not be sold at a price less than that paid for them.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The purchase price of any bonds sold and the accrued interest on them shall be placed in the general improvement fund and may be reinvested in bonds, or, if such reinvestment is not permitted, shall be used to pay principal and interest of the bonds issued pursuant to this article.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: During the time the city owns any district bonds payable from taxes or assessments levied wholly or partially in accordance with the assessed value of the land within the district, the legislative body may omit any sum for the payment of principal and interest past due and unpaid because of delinquencies from the amount of the annual tax or assessment to be levied for the payment of principal and interest of such bonds. It may also limit or omit any sum for anticipated delinquencies. The legislative body may exercise its discretion as to such omission each year. The tax or assessment shall be levied pursuant to the statute under which the bonds acquired were issued, but the total amount of the annual levy may be limited as provided in this section.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: When bonds are acquired at less than their par value, the legislative body may reduce the total principal amount of any issue acquired and held by it to a total principal amount to be fixed by ordinance. The reduced total principal amount of the issue shall not be less at par than the total purchase price of the total principal amount of the issue acquired by the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text:
The ordinance is subject to referendum as other ordinances and shall designate:

(a) The issue of bonds to be reduced.

(b) The total principal amount of the issue acquired.

(c) The purchase price paid for the bonds.

(d) The principal amount of the proposed reduction.

(e) The numbers, denominations, and maturity dates of the bonds to be canceled.

(f) The time and place of the proposed cancellation.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: At the time and place fixed, the bonds shall be publicly canceled, and the city clerk shall enter on the minutes of the legislative body a record of the bonds canceled sufficient to identify them and the fact and date of their cancellation.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: If the bonds canceled are issued under the Improvement Bond Act of 1915, the legislative body shall reduce the principal amount of the assessments securing the bonds to the total principal amount of the unpaid and uncanceled bonds of the same issue.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The reduction of assessments shall be carried out by canceling such proportion of the assessments as is necessary, and the legislative body may provide procedure for such cancellation. The uncanceled portion of the assessments is valid and shall be collected pursuant to the statutes under which the original assessments were levied and bonds issued.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: When the legislative body of any city has acquired any district bonds pursuant to this article, it may, as an alternative to the procedure prescribed in Sections 43775 to 43780, inclusive, cancel all or any of such district bonds, if in its opinion the public interest and welfare will be better served by such cancellation than by enforcing the lien securing the bonds.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text:
Before ordering the cancellation, by ordinance the legislative body shall:

(a) Determine that the public interest and welfare will be best served by the cancellation of all or part of the principal and interest of the bonds.

(b) Designate the issue of bonds to be canceled or the principal amount, numbers, and denominations of the bonds proposed to be canceled, if less than all.

(c) Fix the time and place of the proposed cancellation. The ordinance is subject to referendum as other ordinances of the city.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: At the time and place fixed in the ordinance, the bonds shall be publicly canceled, and the legislative body shall cause a record of the cancellation to be entered on its minutes. It shall cancel all assessments securing the bonds and all liens upon any property subject to assessment for the payment of the bonds, or such part of the assessments as is necessary, including any delinquent assessments and interest, penalties, and costs.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The legislative body may sell any district bonds acquired from money in the general improvement fund to any property owner at such price as it determines, to enable him to use the bonds upon redemption of any property subject to assessment for the payment of such bonds. Such sale shall not be made unless the property owner simultaneously redeems the property and reinstates it upon the assessment rolls of the city free and clear of all unpaid liens and assessments, other than the lien for current city taxes not yet due and payable.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: All district bonds sold for the purpose of effecting such redemption shall be canceled and discharged upon the redemption of the property. The treasurer shall cause the proper notation of cancellation and discharge to be entered upon the city records.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The legislative body may determine that any issue of bonds pursuant to this article shall mature at one time, not to exceed twenty years from the date of issue.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: If the bonds are made to mature at one time, the annual tax levy shall be sufficient to pay the interest on the bonds as it comes due and create a sinking fund for the payment of the principal on or before maturity.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The sum to be raised each year and placed in the sinking fund for the payment of the principal shall not be less than an amount obtained by dividing the total principal amount of the bonds issued by the total number of years they are to run.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: If the entire issue of bonds is to mature at one time, the bonds may be called for redemption in numerical order at par and accrued interest on any interest payment date prior to their fixed maturity.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: Any bond issued pursuant to this article shall not be callable or redeemable prior to its fixed maturity date unless it contains a statement that the bond is callable.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: At least once each year, within sixty days prior to an interest payment date, if the sinking fund contains sufficient available money to call one or more of the outstanding bonds, the legislative body shall invite sealed proposals for the sale to the city of any bonds for payment of which the sinking fund was created. The invitation shall be by a notice published once a week for two weeks in a newspaper published in the city. The legislative body may provide for additional publication in other newspapers.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: The notice shall state the amount available for the redemption of bonds and specify the time and place the proposals will be opened. At such time and place, all proposals shall be opened in public. Any or all proposals may be rejected in the discretion of the legislative body.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: A proposal shall not be accepted unless the sale price is less than par and accrued interest. If no proposals are received, or if those received are rejected or are insufficient to exhaust the money available for the redemption of bonds, the legislative body shall call in numerical order such outstanding bonds as can be redeemed from the money available for that purpose.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: Notice of the call for redemption shall be published once a week for two weeks in a newspaper of general circulation in the city. The first publication shall be not less than thirty days prior to the date fixed for redemption. Upon the date fixed, bonds called shall be redeemed at par and accrued interest to that date.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: If any bonds called are not presented for redemption on the date fixed, on the day following a sum sufficient for the payment of the principal of such bonds and accrued interest to the date of redemption shall be placed in a special fund for that purpose, and interest on such bonds ceases on the redemption date.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: This article provides an alternative system for the issuance of bonds. When proceedings are commenced under this article, its provisions govern all procedures to be taken.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: This article shall be liberally construed to the end that its purposes may be made effective.

title: 4. GOVERNMENT OF CITIES

article: 4. Investment Bond Act of 1909


text: In its ordinance or resolution authorizing the issuance of bonds, a city legislative body may provide that a certain portion of such bonds, as determined and specified in the ordinance or resolution, will be paid by the city each year prior to maturity, at the option of the holders, pursuant to this article. Such advance payment of bonds shall be in addition to the payment of bonds of the same issue at maturity.

title: 4. GOVERNMENT OF CITIES

article: 5. Prepayment

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 5. Prepayment


text: In the ordinance or resolution, the legislative body shall prescribe the method for determining the particular bonds to be paid, and the manner in which they are payable. It shall also fix the amount to be paid by the city in lieu of interest on the bonds accrued but not due at the time of the payment. This amount shall not exceed the amount of accrued interest.

title: 4. GOVERNMENT OF CITIES

article: 5. Prepayment


text: If provision is made for the payment of bonds in advance of maturity, the legislative body shall levy and collect a tax which, with any other funds in the treasury set apart for the purpose, is sufficient to pay the portion of such bonds becoming payable before maturity and prior to the time for fixing the next general tax levy. The tax shall be levied and collected annually until all such bonds are paid, or there is a sufficient sum in the city treasury set apart for that purpose to meet all sums due or to become due on the principal of the bonds.

title: 4. GOVERNMENT OF CITIES

article: 5. Prepayment


text: Such taxes are in addition to all other taxes levied and collected for municipal purposes and for meeting payments on the principal and interest of the bonded indebtedness as they fall due. They shall be levied and collected at the time and in the manner of other municipal taxes, and be used only for the purpose of paying bonds prior to maturity.

title: 4. GOVERNMENT OF CITIES

article: 5. Prepayment


text: The amount fixed by the legislative body to be paid in lieu of interest accrued but not due shall be paid by the city out of the fund in its treasury for meeting sums coming due for interest on such bonds. At the time of payment of the bonds, this amount, and all due and unpaid interest shall be paid upon surrender of all outstanding interest coupons on the bonds.

title: 4. GOVERNMENT OF CITIES

article: 5. Prepayment


text:
Whenever a city has an outstanding indebtedness evidenced by bonds the legislative body may submit to the electors of the city, at any election held for that purpose, a proposition:

(a) Declaring all or any of the bonds to be at once due and payable.

(b) Compromising the bonded indebtedness.

(c) Consenting to a judgment in favor of the bondholders.

(d) Providing for the payment of such judgment in installments.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 6. Compromise


text: The election shall be called and held in the same manner as other elections in the city.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text:
The notice of election shall state:

(a) The bonded indebtedness which it is proposed to declare at once due and payable.

(b) The terms of the proposed compromise.

(c) The terms of the proposed judgment by consent in favor of the bondholders.

(d) The proposed method of paying the judgment in installments.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: The question shall be voted upon as an entirety. If two-thirds of the electors vote in favor of it, by ordinance the legislative body shall declare the bonds described in the notice due and payable.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: The legislative body shall carry the compromise into effect and consent to the judgment specified in the notice of election and the proposed method of paying the judgment in installments. By resolution, it shall designate the officers and attorneys to sign the necessary documents.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: It shall provide for the collection of an annual tax sufficient to pay the interest on the judgment as it falls due and such portion of the principal as is designated in the notice of election.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: The rights of any nonconsenting holder of bonds specified in the notice are not affected by the proceedings.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: In any action brought upon any of the bonds described in the notice, the judgment of a court of competent jurisdiction is conclusive as to the regularity of all proceedings taken.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: In any action brought upon any of the bonds described in the notice of election, the plaintiff shall deposit in court the bonds upon which he sues.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: When the judgment, rendered in accordance with the terms of the proposed compromise described in the notice, becomes final, the bonds sued upon shall be delivered to the treasurer of the city against which the judgment is rendered, to be held by him and his successors until the judgment has been fully satisfied.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: If for any reason the judgment is reversed or set aside, or if any orders or writs under it are disobeyed by the defendant or its officers, the treasurer shall return the bonds to the plaintiff. At his option, the plaintiff may be relegated to all rights which he held and enjoyed under the bonds, crediting on such rights all amounts received on the judgment. The court in which the judgment is rendered shall enforce the duty imposed upon the treasurer.

title: 4. GOVERNMENT OF CITIES

article: 6. Compromise


text: Upon presentation by the owner to the city treasurer of any coupon bond or bond payable to bearer issued by any city, with a request for the conversion of the bond into a registered bond, the treasurer shall cut off and cancel the coupons of the coupon bond and stamp, print, or write upon the back or face of the coupon bond or bond payable to bearer a statement to the effect that the bond is registered in the name of the owner.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 7. Registration


text: The bond may thereafter be transferred by the registered owner in person or by attorney duly authorized on presentation to the treasurer, and again registered, a similar statement being stamped, printed, or written upon it.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text: The statement stamped, printed, or written upon the bond may be in substantially the following form: (Date, giving month, year, and day.)This bond is registered pursuant to the statute in such cases made and provided in the name of ______ (here insert name of owner) and the interest and principal thereof are hereafter payable to such owner.Treasurer (or such other officer)

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text: After any bond has been registered, the principal and interest shall be payable to the registered owner.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text: The city treasurer shall keep in his office a book showing at all times what bonds are registered and in whose names.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text: Notwithstanding any provision of law to the contrary, bonds, issued pursuant to statute or city charter, may be in the form of coupon bonds or registered bonds, or some in the form of coupon bonds and some in the form of registered bonds, as provided in the proceedings for their issuance.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text: This article applies to all coupon bonds and all other bonds payable to bearer.

title: 4. GOVERNMENT OF CITIES

article: 7. Registration


text:
The legislative body of any city may destroy any bonds remaining in the possession of the city if:

(a) The bonds were voted to be issued for municipal purposes.

(b) The bonds have been executed but not sold and disposed of.

(c) The sale and disposal of the bonds is deemed by the legislative body to have become inexpedient, and their destruction desirable.

title: 4. GOVERNMENT OF CITIES

article: 8. Destruction of Unsold Bonds

path: 4. GOVERNMENT OF CITIES > 4. FINANCIAL PROVISIONS > 4. Bonds > 8. Destruction of Unsold Bonds


text: The legislative body shall give notice of its intention to destroy the bonds by publication of a notice for four successive weeks in the official newspaper of the city, if there is one, or if there is none, in any newspaper designated by the legislative body published and circulated in the city.

title: 4. GOVERNMENT OF CITIES

article: 8. Destruction of Unsold Bonds


text:
The notice shall state:

(a) The time and place of the destruction.

(b) The reason for the destruction.

(c) A general description of the character and amount of the bonds.

title: 4. GOVERNMENT OF CITIES

article: 8. Destruction of Unsold Bonds


text: At the time and place stated in the notice, the legislative body shall publicly destroy the bonds unless at least three days before the designated time, written objections to the destruction are filed with the city clerk, signed by a majority of the city voters as shown by the vote cast at the last preceding general municipal election.

title: 4. GOVERNMENT OF CITIES

article: 8. Destruction of Unsold Bonds


text: No other issue of bonds in place of those destroyed shall be made by the city, unless again authorized by a vote of the people.

title: 4. GOVERNMENT OF CITIES

article: 8. Destruction of Unsold Bonds


text: It is the intent of this chapter to enable the legislative body of any city to adopt such a personnel system, merit system, or civil service system as is adaptable to the size and type of the city. The system may consist of the mere establishment of minimum standards of employment and qualifications for the various classes of employment, or of a comprehensive civil service system, as the legislative body determines for the best interests of the public service.

division: 5. EMPLOYEES

title: 4. GOVERNMENT OF CITIES

chapter: 1. Civil Service

article: 1. The System

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 1. Civil Service > 1. The System


text: By ordinance, the legislative body of any city may establish a personnel system, merit system, or civil service system for the selection, employment, classification, advancement, suspension, discharge, and retirement of appointive officers and employees.

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The system may include the librarian, secretary, and other officers and employees, except members of the board of trustees, of the public library established pursuant to Chapter 5 (commencing with Section 18900) of Part 11 of the Education Code.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 310. Effective January 1, 2007.)

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The inclusion of any class of officers and employees made prior to September 19, 1947, is operative from the inception of the system.

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The legislative body may provide for the appointment of a civil service commission or personnel officer, to which it may delegate such powers and duties in relation to the system as it deems advisable.

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text:
(a) Where a hearing is held before a civil service commission or personnel officer pursuant to Section 45004 and where the commission or officer permits an audio or stenographic recording of the hearing, a copy of the recording shall be provided, upon request, to the employee bringing the appeal before the commission or officer.

(b) If a city or its civil service commission or officer orders or makes a transcript of the recording pursuant to subdivision (a), the city shall also do both of the following:

(1) Notify the employee bringing the appeal of the transcription and of the employee’s right to obtain a copy of the transcript. The city shall notify the employee within three days of ordering or making the transcript.

(2) Provide a copy of the transcript promptly to the employee at the employee’s request.

(c) Notwithstanding any other provision of law, the city may charge fees covering direct duplication costs for recordings or transcripts provided pursuant to this section.

history: (History: Added by Stats. 2002, Ch. 732, Sec. 1. Effective January 1, 2003.)

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The ordinance shall designate the departments, and the appointive officers and employees who shall be included in the merit system or civil service system.

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: By subsequent ordinances, the legislative body may add additional departments and appointive officers, and employees to the original list.

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service ordinance or otherwise, unless the withdrawal has been submitted to the city electors at a special or regular municipal election and approved by two-thirds of those voting on the proposition, except that regular full-time city department heads, may be withdrawn by a majority vote of the city council.

history: (History: Amended by Stats. 1970, Ch. 263.)

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text:
The legislative body may contract with the legislative body of any city or county in the State, any state department, or any private person, corporation, association or partnership, for:

(a) The conducting of competitive examinations to ascertain the fitness of applicants for positions and employment in the city service.

(b) The performance of any other service in connection with personnel selection and administration.

history: (History: Amended by Stats. 1951, Ch. 691.)

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The ordinance shall provide that any period of time during which an employee is required to be absent from his position by reason of an injury or disease for which he is entitled to receive compensation under the provisions of Division 4 (commencing with Section 3201) of the Labor Code is not a break in his continuous service for the purpose of his right to salary adjustments, sick leave, vacation, or seniority.

history: (History: Added by Stats. 1967, Ch. 774.)

title: 4. GOVERNMENT OF CITIES

article: 1. The System


text: The ordinance establishing the system shall provide that minimum or maximum age limits for any civil service examination shall not be established and that age shall not be a minimum qualification for any city employment in the classified service.

title: 4. GOVERNMENT OF CITIES

article: 3. Age Limits

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 1. Civil Service > 3. Age Limits


text: The ordinance shall provide that any person possessing all the minimum qualifications for the position is eligible to take any civil service examination, regardless of age, and that the commission, the personnel officer, or any appointing power shall not adopt any rule prohibiting the employment of any person, otherwise qualified, in any city employment solely because of age.

title: 4. GOVERNMENT OF CITIES

article: 3. Age Limits


text: This article does not require nor authorize any city to employ any person in a particular city employment if he has attained the retirement age for that particular employment prescribed by any city employees’ retirement system.

title: 4. GOVERNMENT OF CITIES

article: 3. Age Limits


text: A person shall not be employed in city employment while he is receiving a retirement allowance under a city employees’ retirement system of such city by reason of prior service with such city.

history: (History: Amended by Stats. 1953, Ch. 504.)

title: 4. GOVERNMENT OF CITIES

article: 3. Age Limits


text: This article does not prevent the legislative body from fixing minimum or maximum age limits for the employment of policemen or firemen.

title: 4. GOVERNMENT OF CITIES

article: 3. Age Limits


text: During any war emergency, the legislative body, by a four-fifths vote, may provide for the emergency employment of any person to fill any office or position in the city. The legislative body first shall find that national mobilization of trained manpower makes it impracticable for the city to recruit personnel pursuant to normal standards established for such office or position. Such person shall not be subject to the requirements, regulations, and qualifications of the personnel, merit, or civil service system adopted by the city.

title: 4. GOVERNMENT OF CITIES

article: 4. Emergency Appointments

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 1. Civil Service > 4. Emergency Appointments


text: An emergency appointee does not acquire civil service or other permanent status because of the emergency appointment.

title: 4. GOVERNMENT OF CITIES

article: 4. Emergency Appointments


text: The legislative body may provide that an emergency appointee selected from an eligible list who is otherwise eligible for permanent appointment may acquire such rights as are expressly provided for under regulations which it may adopt.

title: 4. GOVERNMENT OF CITIES

article: 4. Emergency Appointments


text:
As used in this chapter the word “war” shall mean:

(a) Whenever Congress has declared war and for one year after the termination of hostilities therein as proclaimed by the President of the United States;

(b) Whenever the President of the United States has proclaimed the existence of a national emergency.

history: (History: Added by Stats. 1951, Ch. 691.)

title: 4. GOVERNMENT OF CITIES

article: 4. Emergency Appointments


text: If the legislative body determines that a reduction in personnel is necessary for economy reasons, it shall observe the seniority rule in putting the reduction into effect.

title: 4. GOVERNMENT OF CITIES

article: 5. Reduction in Personnel

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 1. Civil Service > 5. Reduction in Personnel


text:
It is unlawful for any person:

(a) Wilfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his right of examination, application, or certification for employment under the personnel system, merit system, or civil service system of any city.

(b) Wilfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under the personnel system, merit system, or civil service system of any city, or to aid in so doing, or make any false representation concerning the same or the person examined.

(c) Wilfully to furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified or to be examined or certified under the personnel system, merit system, or civil service system of any city.

history: (History: Added by Stats. 1951, Ch. 597.)

title: 4. GOVERNMENT OF CITIES

article: 6. Prohibitions and Offenses

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 1. Civil Service > 6. Prohibitions and Offenses


text:
It is unlawful for any person:

(a) To impersonate another person or to permit or aid in any manner any other person to impersonate him in connection with any examination, application, or request to be examined under the personnel system, merit system, or civil service system of any city.

(b) To furnish or obtain examination questions or other examination material prepared and intended for use in any examination under the personnel system, merit system, or civil service system of any city before such examination.

(c) To use any unfair means to cause or attempt to cause any eligible to waive any rights obtained under the personnel system, merit system, or civil service system of any city.

title: 4. GOVERNMENT OF CITIES

article: 6. Prohibitions and Offenses


text: Any city employee, or person whose name appears on any city employment list who uses during duty hours, for training or target practice, any material which is not authorized therefor by the appointing power, shall be disciplined pursuant to the city personnel, merit or civil service system.

history: (History: Added by Stats. 1980, Ch. 718.)

title: 4. GOVERNMENT OF CITIES

article: 6. Prohibitions and Offenses


text: Every person who violates any provision of this article is guilty of a misdemeanor.

title: 4. GOVERNMENT OF CITIES

article: 6. Prohibitions and Offenses


text: It is the intent of this article to enable any city to adopt such a retirement system as is adaptable to its size and type.

title: 4. GOVERNMENT OF CITIES

chapter: 2. Retirement

article: 1. General

path: 4. GOVERNMENT OF CITIES > 5. EMPLOYEES > 2. Retirement > 1. General


text: By ordinance, any city may establish a retirement system for its officers and employees and provide for the payment of retirement allowances, pensions, disability payments, and death benefits, or any of them.

title: 4. GOVERNMENT OF CITIES

article: 1. General