SECTIONS 59100-59129 - California Statutes

GOVERNMENT CODE

SECTION 59100-59129

59100. This chapter may be cited as the Special Assessment and Bond
Refunding Law of 1939.

59101. Unless the context otherwise requires, the definitions and
general provisions contained in this article govern the construction
of this chapter.

59102. 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.

59103. If a county or city and county legislative body conducts
such proceedings the words and phrases defined in the Improvement Act
of 1911 and the Improvement Bond Act of 1915 shall be construed to
have the same meaning when used in this chapter as is ascribed to
them in such acts so far as properly applicable.

59103.1. If a public district legislative body conducts such
proceedings the words and phrases defined in the Improvement Act of
1911 and the Improvement Bond Act of 1915 shall be construed to have
the same meaning when used in this chapter as is ascribed to them in
such acts so far as properly applicable.

59104. "Local agency" means city, county, city and county, or
public district.

59105. "Legislative body" means legislative body of the local
agency conducting the proceedings.

59106. "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.

59107. "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.

59108. "Improvement" where used in "special improvement district"
means any public improvement. It shall be liberally construed to
include:
(a) Any acquisition of land, rights of way, or easements for
public use.
(b) Any acquisition or construction of buildings, structures, or
public works.
(c) A combination of any or all of the foregoing.
(d) All acquisitions of land and all acquisition and construction
of public works authorized by law.

59109. "Engineer" means:
(a) The city engineer, if a city legislative body conducts the
refunding proceedings.
(b) The county surveyor, if a county legislative body conducts the
refunding proceedings.
(c) Any competent person charged by the legislative body of the
local agency conducting the proceedings with the duties of the
engineer under this chapter.

59110. In addition to other proper items, "incidental expenses"
includes:
(a) Legal, engineering, and other technical services employed by
the legislative body to accomplish the purposes of this chapter.
(b) The cost of printing and advertising.
(c) The cost and expenses of any bankruptcy proceeding instituted
in connection with the proceedings.
(d) All expenses incident to the calling, retiring, or paying of
the bonds to be refunded and to the issuance of the refunding bonds,
including the charges of any escrow agent or trustee in connection
with the issuance of the refunding bonds or in connection with the
redemption or retirement of the bonds to be refunded.
(e) Either (i) interest upon the refunding bonds from the date of
the sale thereof to the date of payment of the bonds to be refunded
out of the proceeds of the sale of the refunding bonds, or to the
date upon which the bonds to be refunded will be paid pursuant to
call or agreement with the holders of such bonds or (ii) interest
upon the bonds to be refunded from the date of sale of the refunding
bonds to the date of payment of the bonds to be refunded or to the
date upon which the bonds to be refunded will be paid pursuant to
call or agreement with the holders of such bonds.
(f) Any premium necessary in the calling or retiring of the bonds
to be refunded.

59111. "Cost of the proceedings" means the cost of acquisition and
cancellation of the original bonds and the incidental expenses.

59112. "Clerk" means clerk of the legislative body conducting the
proceedings.

59113. "Tax-deeded land" means any lot deeded to the State for
delinquent taxes or for delinquent taxes and assessments.

59114. "Original bonds" means the outstanding improvement district
bonds which are to be acquired and canceled pursuant to this chapter.

59115. "New bonds" means refunding bonds issued pursuant to this
chapter.

59116. "Original proceedings" means the proceedings by which the
original bonds were issued.

59117. "Proceedings" means proceedings pursuant to this chapter to
refund the indebtedness of a district and to levy a reassessment for
such indebtedness.

59118. "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.

59119. "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.

59120. Whenever the legislative body determines that the public
interest, convenience, or necessity requires the readjustment of
assessments and the refunding of assessments or bonds of all or a
portion of an improvement district created pursuant to any law for
the acquisition or construction, or both, of any public improvement
by special assessments upon the lands benefited, it may proceed
pursuant to this chapter.

59121. Whenever the legislative body determines that the public
interest, convenience, or necessity requires the refunding of bonds
of an improvement district within the local agency, whether such
bonds are due or not due or which may become due at the option of the
local agency or by the consent of the bondholders or by any lawful
means, it may proceed pursuant to this chapter.

59122. This chapter shall be liberally construed to effectuate its
purposes.

59123. In any procedure taken pursuant to this chapter, if any
neglect or omission of an officer of a local agency, or any error or
informality, does not directly affect the jurisdiction of the
legislative body to issue the assessment readjustment bonds, it does
not invalidate the proceeding or any assessment for the cost of the
proceedings. The exclusive remedy of any person so affected or
aggrieved is by appeal to the legislative body pursuant to Article 9.

59124. The reassessment provisions and curative clauses of the
Improvement Act of 1911 apply to the proceedings and the assessment
and bonds levied and issued pursuant to this chapter. Such curative
clauses and those of this chapter are cumulative and each shall be
given full force and effect.

59125. 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.

59126. The Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 does not apply to proceedings pursuant
to this chapter.

59127. 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.

59128. 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.

59129. Wherever the State, or any county, city, school district,
public corporation, or political subdivision owns or has an interest
in lands within a district whose indebtedness is proposed to be
refunded, it has the same right as any private landowner to appear
and be heard in the proceedings or in any suit on them. All the
curative clauses of this chapter apply to it.