Title GOV — California Gov. Code

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

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

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

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

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

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

“Bonds” includes: (a) Bonds, their coupons, and accrued interest on matured bonds. (b) Cash assessments and accrued interest and penalties where no bonds are issued.

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

“Improvement” where used in “special improvement district” means any public improvement. It shall be liberally construed to include: (a) Any acquisition of land, rights of way, or easements for public use. (b) Any acquisition or construction of buildings, structures, or public wo…

“Engineer” means: (a) The city engineer, if a city legislative body conducts the refunding proceedings. (b) The county surveyor, if a county legislative body conducts the refunding proceedings. (c) Any competent person charged by the legislative body of the local agency conductin…

In addition to other proper items, “incidental expenses” includes: (a) Legal, engineering, and other technical services employed by the legislative body to accomplish the purposes of this chapter. (b) The cost of printing and advertising. (c) The cost and expenses of any bankrupt…

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

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

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

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

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

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

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

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

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

Whenever the legislative body determines that the public interest, convenience, or necessity requires the readjustment of assessments and the refunding of assessments or bonds of all or a portion of an improvement district created pursuant to any law for the acquisition or constr…

Whenever the legislative body determines that the public interest, convenience, or necessity requires the refunding of bonds of an improvement district within the local agency, whether such bonds are due or not due or which may become due at the option of the local agency or by t…

This chapter shall be liberally construed to effectuate its purposes.

In any procedure taken pursuant to this chapter, if any neglect or omission of an officer of a local agency, or any error or informality, does not directly affect the jurisdiction of the legislative body to issue the assessment readjustment bonds, it does not invalidate the proce…

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

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

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

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

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

Wherever the State, or any county, city, school district, public corporation, or political subdivision owns or has an interest in lands within a district whose indebtedness is proposed to be refunded, it has the same right as any private landowner to appear and be heard in the pr…

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

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

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

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

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

In all cases of incorporation of, annexation of territory to, consolidation of, exclusion of territory from, or the dissolution of, a city or cities, the authority, which would be vested in the legislative body which conducted the original proceedings, is vested in the legislativ…

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

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

If more than one legislative body has authority to conduct the proceedings or if the legislative body proposing to conduct the proceeding is not that which levies the tax or assessment for the payment of principal and interest of the original bonds, the legislative body which pro…

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

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

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

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

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

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

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

If the resolution of intention provides that all of the original bonds of more than one contiguous or overlapping district are to be acquired and canceled, the exterior boundary of the new district shall encompass all property within the composite area formed by such contiguous o…

Less than all of the original bonds of a district or more than one overlapping districts may be acquired and canceled in a single proceeding when all of the original bonds to be acquired and canceled have been issued pursuant to the Improvement Act of 1911. When less than all of …

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

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