Added by Stats. 1951, Ch. 331.
This chapter may be cited as the Special Assessment and Bond Refunding Law of 1939.
Article 1 - Definitions and General Provisions
California Government Code — §§ 59100-59129
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Added by Stats. 1951, Ch. 331.
Unless the context otherwise requires, the definitions and general provisions contained in this article govern the construction of this chapter.
Added by Stats. 1951, Ch. 331.
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.
Added by Stats. 1951, Ch. 331.
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.
Added by Stats. 1973, Ch. 256.
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.
Amended by Stats. 1973, Ch. 256.
“Local agency” means city, county, city and county, or public district.
Added by Stats. 1951, Ch. 331.
“Legislative body” means legislative body of the local agency conducting the proceedings.
Added by Stats. 1951, Ch. 331.
“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.
Added by Stats. 1951, Ch. 331.
“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.
Added by Stats. 1951, Ch. 331.
“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.
Added by Stats. 1951, Ch. 331.
“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.
Amended by Stats. 1973, Ch. 256.
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.
Added by Stats. 1951, Ch. 331.
“Cost of the proceedings” means the cost of acquisition and cancellation of the original bonds and the incidental expenses.
Added by Stats. 1951, Ch. 331.
“Clerk” means clerk of the legislative body conducting the proceedings.
Added by Stats. 1951, Ch. 331.
“Tax-deeded land” means any lot deeded to the State for delinquent taxes or for delinquent taxes and assessments.
Added by Stats. 1951, Ch. 331.
“Original bonds” means the outstanding improvement district bonds which are to be acquired and canceled pursuant to this chapter.
Added by Stats. 1951, Ch. 331.
“New bonds” means refunding bonds issued pursuant to this chapter.
Added by Stats. 1951, Ch. 331.
“Original proceedings” means the proceedings by which the original bonds were issued.
Added by Stats. 1951, Ch. 331.
“Proceedings” means proceedings pursuant to this chapter to refund the indebtedness of a district and to levy a reassessment for such indebtedness.
Added by Stats. 1951, Ch. 331.
“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.
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