Title SHC, California Sts. & High. Code

(a) Notice of hearing shall be by publication, posting, and mailing of the resolution proposing to order the making of a substitution. (b) The resolution shall be published once a week for two successive weeks in a newspaper published in the city. The first publication shall be n…

Not later than the hour set for hearing, any interested person may file with the clerk of the legislative body written objection to the proposed substitution. (Added by Stats. 1957, Ch. 1168.)

At the hearing all objections and protests shall be heard and considered. The hearing may be continued from time to time by order entered on the minutes. (Added by Stats. 1957, Ch. 1168.)

If at the hearing it appears that the owners of more than one-half of the area of the assessable land included within the district have made objection in writing to the proposed substitution as an entirety, the legislative body, by a resolution entered upon its minutes, shall so …

If the owners of more than one-half of the area of the assessable land included within the district have not made written objections or protests to the proposed substitution proceedings as an entirety, the legislative body may so find and proceed with the hearing. (Added by Stats…

Any protest or objection made pursuant to this chapter, or any signature to such objection or protest, may be withdrawn by a written withdrawal signed by the person or persons who signed the protest or objection or who affixed the signature to be withdrawn, and filed with the cle…

Any objections or protests not made at the time and in the manner provided by this chapter are deemed waived voluntarily. (Added by Stats. 1957, Ch. 1168.)

Except in the case of a majority protest, the legislative body may sustain or deny any or all objections and protests, and its determination is final. The determination of the legislative body shall be entered upon the minutes. (Added by Stats. 1957, Ch. 1168.)

Proceedings under this chapter shall not be attacked after the hearing upon any ground not stated in an objection or protest filed pursuant to this chapter. Any landowner or person interested in any land within the district is estopped to attack the proceedings upon any ground no…

At the hearing the legislative body may by resolution propose a modification of the substitution. Said resolution shall describe the proposed modification, shall specify a time for hearing thereon and shall be published once at least 15 days before the hearing in the same newspap…

If at the conclusion of the hearing the legislative body by resolution adopted by four-fifths of all of its members shall find and determine (a) that public interest and convenience require the substitution, and (b) that all of the lands within the district will be benefited by t…

After the adoption of the resolution ordering the making of the substitution and at such time as all the new property ordered to be acquired or to be acquired and improved shall have been acquired or acquired and improved by the city substantially in accordance with said resoluti…

The resolution of implementation shall contain a general description of all new property acquired or acquired and improved under this chapter for the use and benefit of lands within the district. After the adoption of said resolution of implementation, all such new property shall…

The resolution of implementation shall also contain a general description of all old property which is no longer to be held by the city for the use and benefit of the district. After the adoption of said resolution of implementation, any interest in or other right with respect to…

Before adopting the resolution of implementation, payment or provision for payment shall be made for the unpaid balance of any outstanding and unpaid bond issued to represent the lien of an assessment upon any of the new property and any interest and penalties which are due there…

Upon adoption of the resolution of implementation, any old property which is within the exterior boundaries of the district shall be deemed excluded from the district. Any old property so excluded may thereafter be added to the district pursuant to Section 31866. (Added by Stats.…

The cost and expense of acquiring or acquiring and improving new property (including any amounts necessary to comply with Section 31929 and any amounts necessary to discharge any other lien or charge on said new property) shall be paid from district funds to the extent authorized…

No substitution proceedings pursuant to this chapter shall be initiated for the replacement of old property unless it has been used as a parking place or for ingress to or egress from a parking place for a period of not less than one year. (Added by Stats. 1957, Ch. 1168.)

As a separate, distinct and cumulative remedy, the holder of any bond upon which any payment either upon the principal or of the interest has become delinquent may, if the city which initiated the proceedings is not a county, at any time after three months after the date it is pr…

The action may be brought also at any time following the expiration of 30 days after the service of personal demand for payment upon the owner of the premises. Such demand shall be served in the manner provided by law for the service of a summons in a civil action. If the action …

The action shall be brought in the superior court of the county in which the proceedings were initiated and if the owner of the lot or parcel of land covered by the bond can not with due diligence be found, the service of summons in such action may be had in the manner prescribed…

The complaint in the action shall be sufficient if it sets forth a true copy of the bond and makes appropriate allegations regarding the payments made upon the principal and interest of the bond and the mailing of the notice required pursuant to Section 6610. If personal demand f…

The bond, together with proof, either orally by the treasurer or by a certificate signed by him showing the nonpayment of any of the principal or interest upon the bond, shall be prima facie evidence of the right of the plaintiff to recover in the action. If personal demand for p…

The court may adjudge and decree a lien against the lot or parcel of land covered by the bond and cause the premises to be sold as in other cases of the sale of real estate by the process of the court to satisfy and discharge the bond and lien, and the amount of interest and pena…

The plaintiff in the action may also recover the actual cost of any abstract or report of search of title procured in good faith, in order to determine ownership, if it is made by a reputable abstracter or title company, if the abstract or report of search with an affidavit of pa…

The action shall be governed and regulated by the provisions of this chapter and by the other provisions of law which are not in conflict herewith. (Added by Stats. 1941, Ch. 79.)

A written notice of the pendency of any action for recovery on a bond shall be filed with the treasurer. After the filing of such notice the treasurer shall not receive any money on account of the bond and shall have no authority to cancel the entries on the bond in the register …

If an action is brought for recovery on any bond prior to the time specified in this chapter, the plaintiff shall not recover in such action and the defendant shall be entitled to have and recover such attorney fees as the court deems reasonable, in addition to all taxable costs.…

Whenever a bond is foreclosed pursuant to this chapter, the decree of foreclosure shall direct the clerk of the court to deliver the bond sued upon to the treasurer of the city which issued said bond together with a memorandum setting forth the title and number of the action and …

The treasurer shall cancel the bond upon the records and deliver to the clerk of the court a receipt substantially in the following form: “Certificate of Cancellation of Street Improvement Bond Series (designating it), in the City (or County) of (naming it). $/100 No. I, ____, Tr…

The clerk of the court shall enter the judgment or decree of foreclosure in the action upon the delivery of the certificate of cancellation. (Amended by Stats. 2002, Ch. 784, Sec. 590. Effective January 1, 2003.)

After any project has been completely constructed the commission may at its option convey all the right, title and interest of the district in and to that project to the city in which the project was constructed or county if the project is in an unincorporated area; provided, the…

The legislative body shall provide for the issuance of the refunding bonds. (Added by Stats. 1951, Ch. 463.)

In no event shall refunding bonds be issued for more than the par value of the outstanding bonds and the due and unpaid interest coupons to be refunded. (Added by Stats. 1951, Ch. 463.)

The refunding bonds shall represent and be secured by said reassessments and any later reassessments which may be levied or issued upon the same property in lieu of said assessments. (Added by Stats. 1951, Ch. 463.)

Refunding bonds issued pursuant to this division shall comply with the following requirements: (a) Bonds shall be in such denominations as the legislative body may determine. (b) Bonds shall be payable to bearer. (c) The date of the bonds shall be the date of the recording of the…

All of the refunding bonds shall mature on July 2d. (Added by Stats. 1951, Ch. 463.)

In no event shall the first maturity of any refunding bonds be earlier than the second day of July next succeeding 10 months after the date of the bonds. (Added by Stats. 1951, Ch. 463.)

The last maturity of any refunding bonds shall not exceed 19 years from the second day of July next succeeding 10 months after the date of said bonds. (Added by Stats. 1951, Ch. 463.)

The rate of interest on refunding bonds shall not exceed the rate of interest on the outstanding bonds. (Added by Stats. 1951, Ch. 463.)

The interest on refunding bonds shall be payable on January 2d and July 2d, respectively, of each year. (Added by Stats. 1951, Ch. 463.)

The first interest payment on such bonds shall in every case be January 2d next preceding the second day of July next succeeding 10 months after the date of the bonds. (Added by Stats. 1951, Ch. 463.)

Refunding bonds and the interest thereon shall be paid at the office of the treasurer. (Added by Stats. 1951, Ch. 463.)

Refunding bonds may be issued in substantially the following form: United States of America State of California No. City of $ Refunding Improvement Bond Under and by virtue of an act of the Legislature of the State of California, designated as “Refunding Act of 1935 for 1915 Impr…

Each bond shall be conclusive evidence of the regularity of all proceedings for the issuance of refunding bonds and of the validity of said bonds and of all proceedings of which the bonds refunded were conclusive evidence. (Added by Stats. 1951, Ch. 463.)

The refunding bonds shall be delivered to the holders of the outstanding bonds in accordance with the contract with such bondholders. (Added by Stats. 1951, Ch. 463.)