This law allows the local government body managing a project to decide if bonds will be issued under the rules of either the Improvement Act of 1911 or the Improvement Bond Act of 1915. It ensures that the recorded assessment for the project will follow the same rules and priorities given in these acts. The assessments have to be recorded by the appropriate local authority, like the street superintendent or county surveyor. These officials are also responsible for notifying people about the need to pay the assessments.
The legislative body conducting the proceedings under the provisions of this division may, in its resolution of intention, determine and declare that bonds shall be issued under the provisions of either the Improvement Act of 1911 or the Improvement Bond Act of 1915. In any case, the assessment shall be recorded in the office of the superintendent of streets of the city, county surveyor of the county, or district engineer of the district or public corporation conducting the proceedings in the manner and with like force and effect as provided in the Improvement Act of 1911 and the Improvement Bond Act of 1915, and the assessment therefor shall have the priority, and the proceedings shall be subject to all of the curative clauses and powers of reassessment, provided in those acts. In any case, the official in whose office the original of the assessment is recorded shall give the notice to pay the assessments, as provided in this division.
local government bonds Improvement Act of 1911 Improvement Bond Act of 1915 project assessments local authority recording assessment priority curative clauses reassessment powers notice of assessment payment street superintendent county surveyor district engineer public corporation proceedings bond issuance assessment recording
(Amended by Stats. 1974, Ch. 426.)
This law explains that if bonds are issued under the Improvement Act of 1911, any assessment fees less than $150 that aren't paid within 30 days are considered late. These unpaid fees will start to accumulate interest at a rate of 1% per month, calculated starting from when the bonds are issued. The city’s legislative body has the option to collect these overdue payments by following procedures outlined in specified chapters of the law. Additionally, any references to the contractor or related parties in those chapters will be understood as referring to the city itself. Also, any mentions of interest starting from the 'date of filing the original assessment' should be interpreted as starting from the 'date of the bonds.'
If provision is made for the issuance of bonds under the Improvement Act of 1911 (Division 7 (commencing with Section 7000)), all assessments under one hundred fifty dollars ($150) which are not paid within 30 days after recordation of the assessment are delinquent and shall bear interest at the rate of 1 percent per month, the interest to be computed from the date of the bonds. The legislative body may order the collection of any such delinquent assessments pursuant to either Chapter 18 (commencing with Section 5410) or Chapter 18.1 (commencing with Section 5450) of Part 3 of Division 7. All references in those chapters to the contractor, his assignee, his assigns, or his agent shall be deemed to refer to the city. References in Section 5451 to interest from the “date of filing the original assessment” shall be deemed to refer to the “date of the bonds.”
bonds issuance Improvement Act of 1911 assessments under $150 delinquent assessments 1 percent interest rate 30-day payment deadline interest from bonds date collection of delinquent assessments legislative body options Chapter 18 procedures Chapter 18.1 procedures city as contractor date of bonds interpretation interest computation assessment recordation
(Amended by Stats. 1978, Ch. 364.)
When a government body is selling improvement bonds, they can require those who want to buy them to put down a deposit. This deposit must be in cash, a certified check, or a cashier’s check and is meant to ensure that the bidder will follow through with the purchase if they win.
The legislative body conducting the proceedings for the issuance of improvement bonds under this division may require that any bidder submitting a proposal for the purchase of such improvement bonds deposit contemporaneously therewith cash, a certified check, or a cashier’s check, in an amount to be determined by the legislative body, guaranteeing the purchase of such improvement bonds by such bidder in the event that he is awarded the purchase of such improvement bonds by the legislative body.
improvement bonds bidder proposal purchase deposit certified check cashier's check government requirement bond issuance guarantee purchase cash deposit legislative body decision buyer commitment bond sale process bid submission
(Added by renumbering Section 10600.1 by Stats. 1975, Ch. 394.)
This law section states that when a resolution plans to issue bonds under the Improvement Act of 1911 or the Improvement Bond Act of 1915, these bonds can only be dated after the time for cash payments has ended.
When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, said bonds may be dated at any time after the expiration of the cash payment period.
Improvement Act of 1911 Improvement Bond Act of 1915 bond issuance resolution of intention cash payment period bond dating municipal bonds public projects California infrastructure local government funding cash payments expiration bond regulations public financing infrastructure funding bond terms and conditions
(Amended by Stats. 1959, Ch. 821.)
This law allows the legislative body or the contractor to file a lawsuit to confirm the validity of an assessment, bonds, contracts, improvements, or acquisitions. Such a lawsuit must follow specific procedures laid out in another chapter. Once an improvement or acquisition is authorized or an assessment is confirmed, it is considered "in existence" for legal purposes. Importantly, only the legislative body or contractor can bring this lawsuit, and there are strict deadlines, generally prohibiting filing after work begins unless otherwise specified.
An action to determine the validity of the assessment, bonds, contract, improvement or acquisition may be brought by the legislative body or by the contractor pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose an improvement or acquisition shall be deemed to be in existence upon its authorization and an assessment upon its confirmation. Notwithstanding any other provisions of law, the action authorized by this section shall not be brought by any person other than the legislative body or the contractor, nor except when permitted by Section 10400 shall the action be brought after the date fixed for the beginning of work.
assessment validity bonds contracts improvements acquisitions legislative body contractor lawsuit civil procedure authorization confirmation work commencement legal deadlines legal action restrictions Section 10400
(Amended by Stats. 1961, Ch. 1526.)
This law says that bonds can be issued and sold based on instructions from the legislative body. The money from selling these bonds must go into a specific fund mentioned in another section. The notice about these bonds must state the highest interest rate that can be charged, which can't be more than 8% a year, paid every six months. Also, these bonds have to be payable to whoever holds them.
The bonds may be issued and sold as the legislative body directs. The proceeds of the bonds shall be deposited in the fund specified in Section 10424. The notice in the resolution of intention shall recite a maximum rate of interest to be paid on the indebtedness, not to exceed 8 percent a year payable semiannually, which rate shall not be exceeded in the issuance of the bonds. All bonds shall be made payable to bearer.
bonds issuance sale of bonds legislative body instructions bond proceeds interest rate cap maximum interest rate 8 percent interest semiannual payments fund deposit notice of resolution indebtedness rate bearer bonds payable to bearer
(Amended by Stats. 1975, Ch. 130.)
This law allows a city or other governmental entity to sell assessments on public property for funding public improvements. After confirming the assessment, which can include city-owned property, the legislative body can sell these assessments or issue bonds and certificates similar to Section 10602 procedures. The proceeds from these sales are deposited into a specific fund. Buyers purchasing these assessments, bonds, or certificates gain ownership and are entitled to the same rights as any other assessment or bond owner under specific sections.
When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, and when the assessment has been duly confirmed pursuant to Section 10312, and when the assessment contains an assessment on public property which is subject to assessment pursuant to Section 10206 including, notwithstanding any other provisions of law, public property owned by the city, county or other entity conducting the proceeding, the legislative body may sell such assessment in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424.
The buyer of such an assessment shall, upon paying the purchase price, become the owner of the assessment and shall be entitled to exercise all the rights that an owner of an assessment has under Section 5302.5.
If bonds or certificates are to be issued to represent any assessment or assessments against public property, the legislative body of the entity conducting the proceedings may sell such bonds or certificates in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424.
The buyer of such bonds and of each individual bond shall become an owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a bondholder as provided in Section 5302.6 and Chapter 4.5 (commencing with Section 6468) of Part 5 of Division 7.
The buyer of each certificate shall become the owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a certificate holder as provided in Section 6467.
Improvement Act of 1911 Improvement Bond Act of 1915 public property assessment assessment sale bond issuance certificate issuance city-owned property Section 10312 Section 10206 Section 5302.5 Section 5302.6 Chapter 4.5 Section 6468 Section 10602 procedures fund deposit Section 10424
(Amended by Stats. 1969, Ch. 770.)
In cases where bonds will be issued for public work projects, this law requires that a city street superintendent, county surveyor, or district engineer must notify about and handle assessments—basically payments related to the project. However, the government body in charge can appoint someone else, like a treasurer or tax collector, to manage the money. If it’s a public corporation, they can have the county’s treasurer or tax collector handle it. Whoever is appointed must also certify details on how much has been paid or still is due, which are duties usually done by the street superintendent for bond issues.
When the resolution of intention provides for the issuance of bonds, the superintendent of streets of a city, surveyor of a county, or district engineer of a public corporation, conducting the proceedings shall give the notice of recording the assessment, and collect and receive the assessments. The legislative body of the public entity conducting the proceedings may, by resolution, designate the treasurer, tax collector, or other officer of the entity to collect and receive the money. If the entity is a public corporation it may designate the treasurer or tax collector of the county in which it is situated to collect and receive the money. The person so designated shall execute any certificates relating to the amount of assessments paid or remaining unpaid which are required to be executed by the superintendent of streets by the law pursuant to which bonds are to be issued, including, but not limited to, Sections 6420 and 8620.
bonds issuance assessment collection public work projects notification of assessment city street superintendent county surveyor district engineer public corporation treasurer tax collector certification of payment legislative body authority public entity designee recording assessment county treasurer designation
(Amended by Stats. 1963, Ch. 1224.)
If a city assigns the county treasurer or tax collector to handle tasks like collecting money or managing bonds, they must be paid upfront for their estimated costs. However, the city can opt to sign a contract with them, agreeing on how much they’ll be paid for their work. If these costs aren't covered in the assessment, the city must pay them from its general fund.
In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting and receiving the money, including but not limited to, printing, servicing, or collecting any bonds, neither the treasurer nor the tax collector so designated shall perform any such service until there shall have been paid to him his estimate of the cost of the service or services, provided, however, the city conducting the proceedings, in lieu of the prior payment of the estimated cost, may enter into a written agreement with the county treasurer or tax collector. Such agreement shall provide for the payment of the cost or estimated cost of any service rendered by the designated county officer.
In the event such cost of estimated cost is not included in the assessment, the city conducting the proceedings shall be liable for payment thereof from the general fund.
county treasurer services city proceedings tax collector duties money collection costs bond servicing cost estimation payment agreement general fund obligations financial liability city-county collaboration
(Added by Stats. 1965, Ch. 777.)
This law states that before bonds are issued, the person who is responsible for collecting assessments might need to be bonded. This means they must have a financial guarantee in place, approved by the local government, ensuring they handle the money properly. If this person is already a bonded official, collecting the money is part of their legal duties. If a county official is collecting for another public entity, the county acts as an agent to collect funds owed. If the local government thinks the existing bond isn't enough, they can require a separate bond. The cost of this bond is considered an incidental expense of the process.
The person who is to collect and receive the assessments before the issuance of bonds may be bonded in favor of the entity conducting the proceedings in an amount to be fixed and such bond approved by the legislative body of the entity. When he is a bonded official his services in receiving the money are a duty imposed upon him by law within the purview of his bond. In the case of a county official collecting for a public corporation, the county shall collect any money due on the bond as agent for the public corporation. If the legislative body designating the bonded person finds that his official bond is inadequate it may provide that he shall be separately bonded. The premium of such bond shall be an incidental expense of the proceeding.
bond issuance assessment collections bonded official legislative body approval county official responsibilities public corporation agent inadequate official bond separate bond requirement bond premium expense financial guarantee for collections money handling responsibilities incidental expenses bonded duties local government oversight
(Added by Stats. 1953, Ch. 192.)
This law states that the person responsible for collecting assessments must deposit the money into the construction fund of the organization handling the proceedings at least once a week. This can be done more often if the organization's legislative body decides to do so.
The person collecting the assessments shall deposit the amounts received in the construction fund of the entity conducting the proceedings, not less than once each week, or at such other more frequent intervals as the legislative body of the entity determines.
assessment collection construction fund deposit weekly deposit proceedings management legislative body decision entity managing assessments fund management frequent deposit intervals financial responsibility funding procedures entity construction fund money collection and deposit assessment frequency organizational deposit rules
(Added by Stats. 1953, Ch. 192.)
This law states that a legislative body can decide to issue bonds and handle related assessments based on certain sections of the Refunding Assessment Bond Act of 1935. If they choose to follow this method, those specific provisions from the 1935 Act become part of this current law. The bonds must then be labeled to indicate they are for a public project or acquisition.
The legislative body may, in its resolution of intention, determine and declare that bonds will be issued and paid, and the assessments therefor levied, collected, and augmented in accordance with the applicable provisions of Sections 14, 15, 16, 17, 20, 21, 22, 24, 25, 26, 27, and 28 of the Refunding Assessment Bond Act of 1935, in which case the applicable provisions of that act are incorporated in this division as if fully set out herein. If the bonds are issued pursuant to that act, appropriate changes shall be made in the form of the bonds to show that they are for a public improvement or acquisition under this division.
legislative body bonds issuance assessments Refunding Assessment Bond Act of 1935 public improvement public acquisition bond resolution applicable provisions bonds for public projects amend bond forms Section 10606
(Added by Stats. 1953, Ch. 192.)
This law deals with how unpaid assessments are handled under the Improvement Bond Act of 1915. It specifies the process for filing the list of unpaid assessments and issuing bonds. Interest on these bonds begins accruing from a certain date, and properties can pay off assessments early before they mature. It also describes how bonds are called, premiums are paid, and what happens if there are errors in assessments or bonds, including reassessment.
The list of unpaid assessments shall be filed, the bonds ordered issued, interest shall accrue from the date, and assessments thereafter paid before maturity, bonds called, premium paid, and illegal assessments and bonds reassessed, all as provided in the Improvement Bond Act of 1915.
unpaid assessments bonds issuance interest accrual early payment bonds call premium payment illegal assessments bonds reassessment Improvement Bond Act of 1915 maturity accruing interest filing process error correction bond premium assessment errors
(Amended by Stats. 1959, Ch. 821.)
This law specifies how an 'Improvement Bond' should be labeled and structured. It requires that certain provisions for early payment found in previous legislation be included in the bond. Additionally, it dictates that the bond should reference a particular act's title with additional language indicating modifications from another act.
The bond shall be entitled “Improvement Bond.” The provisions for payment of the bond before maturity, as contained in the bond form in the Improvement Bond Act of 1915, shall be inserted in the place of the similar provision in the bond form of the Refunding Assessment Bond Act of 1935. There shall also be inserted in the bond form after the title of the refunding act the words “as modified in the Municipal Improvement Act of 1913.”
Improvement Bond early payment provisions bond structure Refunding Assessment Bond Act of 1935 Improvement Bond Act of 1915 Municipal Improvement Act of 1913 bond form refunding act bond modification maturity payment
(Added by Stats. 1953, Ch. 192.)
This law says that when bonds are issued under certain bond acts, specific rules must be followed. It includes legal protections and time limits for taking action, plus reassessment powers granted by those acts. The notice of improvement is considered equivalent to the resolution of intention.
In all cases where bonds are to be issued under any of the bond acts referred to in this chapter the proceedings shall be subject to all of the curative clauses, limitation of actions, and powers of reassessment provided in all of those acts, and the publication of the notice of improvement shall be deemed to be the publication of the resolution of intention.
bonds issuance bond acts legal protections curative clauses limitation of actions powers of reassessment notice of improvement resolution of intention publication requirements bond proceedings reassessment provisions legal proceedings intention resolution equivalence
(Added by Stats. 1953, Ch. 192.)
This section means that once bonds are issued under this chapter, it's assumed that all the necessary legal steps and procedures were properly followed before the bonds were issued. This provides legal assurance that the process was conducted correctly.
Bonds issued pursuant to this chapter shall be conclusive evidence of the regularity of all proceedings under this division leading up to such issuance.
bonds issuance conclusive evidence legal assurance regularity of proceedings issuance process chapter procedures evidence of compliance legal steps bond process verification procedural confirmation
(Added by Stats. 1976, Ch. 310.)