Government Code — Part 73 | GOV — United States — California law | Esheria

Government Code

Part 73 of 107 · provisions 14,401–14,600

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 57606.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    A local agency must study whether a proposed public bank is viable before applying to organize it, share the study with the application, and make certain financial models public before the study is presented to the governing body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 57606. (a) Before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code, a local agency shall conduct a study to assess the viability of the proposed public bank. The study shall include, but is not limited to, all of the following elements: (1) A discussion of the purposes of the bank including, but not limited to, achieving cost savings, strengthening local economies, supporting community economic development, and addressing infrastructure and housing needs for localities. (2) A fiscal analysis of costs associated with starting the proposed public bank. (3) An estimate of the initial amount of capital to be provided by the local agency to the proposed public bank. (4) Financial projections, including a pro forma balance sheet and income statement, of the proposed public bank for at least the first five years of operation. The financial projections shall include an estimate of the time period for when expected revenues meet or exceed expected costs and an estimate of the total operating subsidy that the local agency may be required to provide until the proposed public bank generates sufficient revenue to cover its costs. In addition to projections that assume favorable economic conditions, the analysis shall also include a downside scenario that considers the effect of an economic recession on the financial results of the proposed public bank. The projections may include the downside scenario of continuing to do business with the local government’s current banker or bankers. (5) A legal analysis of whether the proposed structure and operations of the public bank would likely comply with Section 6 of Article XVI of the California Constitution, but nothing herein shall compel the waiver of any attorney-client privilege attaching to that legal analysis. (6) An analysis of how the proposed governance structure of the public bank would protect the bank from unlawful insider transactions and apparent conflicts of interest. (b) The study may include any of the following elements: (1) A fiscal analysis of benefits associated with starting the proposed public bank, including, but not limited to, cost savings, jobs created, jobs retained, economic activity generated, and private capital leveraged. (2) A qualitative assessment of social or environmental benefits of the proposed public bank. (3) An estimate of the fees paid to the local agency’s current banker or bankers. (4) A fiscal analysis of the costs, including social and environmental, of continuing to do business with the local agency’s current banker or bankers. (c) (1) The study required by subdivision (a) shall be presented to and approved by the governing body of the local agency, and a motion to move forward with an application for a public banking charter shall be approved by a majority vote of the governing body at a public meeting prior to the local agency submitting an application pursuant to Section 1020 of the Financial Code. In addition, the local agency shall include a copy of the study required by subdivision (a) in the application submitted to the Commissioner of Financial Protection and Innovation. (2) Before the local agency submits an application pursuant to Section 1020 of the Financial Code, the motion to move forward with an application for a public banking charter shall be subject to voter approval at the next regularly scheduled election held at least 180 days following the vote of the governing body. (3) The voter approval requirement described in paragraph (2) shall apply to a local agency entering into a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) after the study required in subdivision (a) has been completed and before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code. (4) As used in paragraphs (2) and (3), “local agency” does not include a charter city. (d) The local agency shall make available to the public the financial models and key assumptions used to estimate the elements described in paragraphs (2) through (4) of subdivision (a) before presenting the study to the governing body of the local agency as required by subdivision (c). (Amended by Stats. 2022, Ch. 452, Sec. 190. (SB 1498) Effective January 1, 2023.)
  2. 57607.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    The Commissioner of Financial Protection and Innovation may not issue more than two public bank licenses in a calendar year, may not issue a license if it would push the number of authorized public banks above 10, must study public banking in California within two years after the 10th license is issued, and may not issue a public bank license more than seven years after first promulgating the regulations for this division.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 57607. (a) The Commissioner of Financial Protection and Innovation shall not issue more than two public bank licenses in a calendar year. (b) The Commissioner of Financial Protection and Innovation shall not issue a public bank license if issuing that public bank license would cause there to be more than 10 public banks authorized to transact business pursuant to Division 1.1 (commencing with Section 1000) of the Financial Code. (c) The Commissioner of Financial Protection and Innovation shall conduct a study of public banking in California within two years after the date upon which the commissioner issues the 10th public bank license. (d) The Commissioner of Financial Protection and Innovation shall not issue a public bank license after the expiration of a period of seven years from the date upon which the commissioner first promulgates regulations for the purpose of carrying out the commissioner’s duties under this division. (Amended by Stats. 2022, Ch. 452, Sec. 191. (SB 1498) Effective January 1, 2023.)
  3. 5800.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

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    This section defines “nonprofit corporation” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5800. As used in this chapter, “nonprofit corporation” means any nonprofit corporation formed under the Corporations Code, or otherwise, which proposes to aid any public body by issuing securities to finance any one or more public projects. (Added by Stats. 1972, Ch. 292.)
  4. 58000.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    This chapter may be cited as the District Organization Law.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58000. This chapter may be cited as the District Organization Law. (Added by Stats. 1951, Ch. 331.)
  5. 58001.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    This chapter’s purpose is to provide a procedure for organizing, operating, and governing districts.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58001. It is the purpose of this chapter to make available a procedure for the organization, operation and government of districts. (Amended by Stats. 1965, Ch. 2043.)
  6. 58002.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    This chapter applies only when it is adopted or incorporated by reference in a law for a particular district or type of district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58002. This chapter applies only when and to the extent that it is adopted or incorporated by reference in a law providing for a particular district or type of district. (Amended by Stats. 1970, Ch. 346.)
  7. 58004.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    This section defines several terms used in the chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58004. As used in this chapter, unless the context otherwise requires: (a) “District” means a tax or assessment district. (b) “Governing body” means the board of directors of a district or equivalent board or body. (c) “Principal act” means the law providing for the creation of a particular district or type of district. (d) “Supervising authority” means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district. (e) “Project” means the work, improvement, or acquisition, or any combination thereof undertaken by a district. (f) “Owner” includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment. (g) “Requisite number of petitioners” means the number of qualified petitioners prescribed by the principal act. (h) “Requisite number of protestants” means the number of qualified protestants prescribed by the principal act. (i) “Clerk” means the clerk of the supervising authority. (Added by Stats. 1951, Ch. 331.)
  8. 58005.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    If a petition, order, resolution, complaint, or other document in this chapter refers to a principal act, it must state the principal act’s name, if any, and its citation.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58005. Whenever in this chapter a petition, order, resolution, complaint, or other document refers to a principal act, the name, if any, of the principal act, with its citation shall be set forth in such document. (Added by Stats. 1951, Ch. 331.)
  9. 58006.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    If a notice must be published under this chapter or the principal act, it must be published in a newspaper of general circulation in the district, or if none exists, in the nearest newspaper of general circulation.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58006. When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of general circulation published and circulated within the district, or if there is none, in the newspaper of general circulation published nearest to the district. (Added by Stats. 1951, Ch. 331.)
  10. 58007.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    Unless another rule says otherwise, each notice must be published once a week for three consecutive weeks before the event date.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58007. Unless otherwise expressly provided, each notice shall be published once a week for three successive weeks prior to the date set for the event of which notice is given. (Added by Stats. 1951, Ch. 331.)
  11. 58008.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    Proof of publication may be shown by affidavit from the newspaper’s owner, publisher, printer, or clerk.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58008. Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit is prima facie evidence of the facts stated in it. (Added by Stats. 1951, Ch. 331.)
  12. 58009.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    If a district is in a county with no newspaper of general circulation, the notice must be posted in three public places in the district for the same period as if published.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58009. If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be posted in three public places in the district for the same period as if published. (Added by Stats. 1951, Ch. 331.)
  13. 5801.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

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    In this chapter, “joint powers authority” means an entity defined in Section 6542.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5801. As used in this chapter, “joint powers authority” means any entity defined in Section 6542. (Added by Stats. 1972, Ch. 292.)
  14. 58010.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    A person posting a notice may prove the posting by affidavit.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58010. Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the facts stated in it. (Added by Stats. 1951, Ch. 331.)
  15. 58011.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. )

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    If this chapter conflicts with the law for creating a particular district or type of district, this chapter controls.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. General [58000 - 58011] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 58011. In case of a conflict between the provisions of this chapter and the provisions of the law providing for the creation of a particular district or type of district, the provisions of this chapter shall prevail. (Added by renumbering Section 58010 by Stats. 1978, Ch. 380.)
  16. 5802.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

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    This section defines “parking authority” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5802. As used in this chapter, “parking authority” means any entity created pursuant to Division 18 (commencing with Section 31500) of the Streets and Highways Code. (Added by Stats. 1972, Ch. 292.)
  17. 5803.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

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    In this chapter, “issuer” means a nonprofit corporation, a joint powers authority, or a parking authority.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5803. As used in this chapter, “issuer” means a nonprofit corporation, a joint powers authority or a parking authority. (Added by Stats. 1972, Ch. 292.)
  18. 58030.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. )

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    If the principal act authorizes or requires a petition, the formation proceedings must be started by petition.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 58030. When the principal act authorizes or requires a petition, formation proceedings shall be commenced by petition. (Added by Stats. 1951, Ch. 331.)
  19. 58031.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. )

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    Petitioners must sign the petition and file it with the supervising authority.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 58031. The petition shall be signed by the requisite number of petitioners and addressed to and filed with the supervising authority. (Added by Stats. 1951, Ch. 331.)
  20. 58032.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A petition may be filed in separate sections.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 58032. The petition may be filed in sections. Each section shall comply with all the requirements for a petition, except that it need not contain all the signatures required for the petition. (Added by Stats. 1951, Ch. 331.)
  21. 58033.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A petitioner may withdraw a signature from a petition before the petition is published, by filing a signed statement with the clerk.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 58033. Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement of his intention to withdraw his signature from the petition. (Added by Stats. 1951, Ch. 331.)
  22. 58034.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A district-formation petition must include the district name, boundaries or land description, a request to form the district under the principal act, a general project description with first-year financial estimates, and any additional required information.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Petition for Formation [58030 - 58034] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 58034. The petition shall: (a) State the proposed name for the district. (b) Set forth the district boundaries or describe the land situated in the district. (c) Request that the district be formed pursuant to the principal act. (d) Describe generally the nature of the proposed project and, based upon the functions proposed to be performed by the district, an estimate verified by the proponents of the first year’s estimated income and expenses and estimated expenditures for capital improvements. (e) Comply with any additional requirements of the principal act. (Amended by Stats. 1963, Ch. 1358.)
  23. 5804.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    This section defines “public body” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5804. As used in this chapter, “public body” means any county, city and county, city, municipal corporation, political subdivision, public district, public corporation or public authority, or any agency of any thereof, but does not include the federal government or any federal department or agency, this state, an adjoining state or any state department or agency. (Added by Stats. 1972, Ch. 292.)
  24. 5805.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    This section defines “securities” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5805. As used in this chapter, “securities” means any bonds, notes, warrants or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued or proposed to be issued in an aggregate principal amount of five hundred thousand dollars ($500,000) or more by any issuer to finance a public project. (Added by Stats. 1972, Ch. 292.)
  25. 5806.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    This section defines “public project” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5806. As used in this chapter, “public project” means any land, structure, facility or equipment or other personal property, the acquisition, construction or completion of which is to be financed by securities of an issuer if any of the payments of principal of and interest on such securities is to be paid by such issuer from funds derived from rental or other payments which any one or more public bodies has agreed to pay to such issuer under a public leaseback. (Added by Stats. 1972, Ch. 292.)
  26. 58060.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Preliminary Hearing [58060 - 58061] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    After a formation petition is filed, the supervising authority must set a hearing time and place.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Preliminary Hearing [58060 - 58061] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 58060. Upon presentation and filing of the formation petition the supervising authority shall fix a time and place for its hearing. The hearing shall not be less than 20 nor more than 40 days after presentation and filing. (Added by Stats. 1951, Ch. 331.)
  27. 58061.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Preliminary Hearing [58060 - 58061] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A hearing may be continued to allow an investigation and report, but the continuance cannot exceed three months.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Preliminary Hearing [58060 - 58061] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 58061. If the principal act or any other law applicable to the formation of the district requires the making of an investigation of and a report on the project, the hearing may be continued from time to time to enable the making of such investigation and report. Such continuance shall not exceed three months. (Added by Stats. 1951, Ch. 331.)
  28. 5807.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    This section defines “public leaseback” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5807. As used in this chapter, “public leaseback” means any lease by a public body of all or any part of a public project where the lease is between such public body as lessee and an issuer as lessor and the lease is executed before the public project is acquired, constructed or completed. (Added by Stats. 1972, Ch. 292.)
  29. 5808.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    Issuers must publicly advertise securities for sale and invite sealed bids before a public sale, then award to the highest responsible bidder if satisfactory bids are received.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5808. (a) Before selling any securities, any issuer shall advertise such securities for sale at public sale and shall invite sealed bids therefor by publication of a notice once at least 10 days before the date of such public sale in a newspaper of general circulation circulated within the boundaries of each public body to be aided by the public project to be financed by the issuance of such securities. If one or more satisfactory bids are received pursuant to such notice, such securities shall be awarded to the highest responsible bidder. If no bids are received or if the issuer determines that the bids received are not satisfactory as to price or responsibility of the bidders, the issuer may reject all bids received, if any, and either readvertise or sell such securities at private sale. (b) Any issuer may privately negotiate the acquisition of a private water company or the capital stock of such a company with the owner or owners thereof and issue its securities directly to such owner or owners without complying with any of the provisions of subdivision (a), provided that such acquisition is made pursuant to a written agreement entered into prior to January 1, 1978. (c) Any issuer utilizing the provisions of subdivision (b) may issue its securities to the holders of outstanding securities issued by the same issuer in connection with the exercise of a conversion privilege embodied in any such outstanding security. (Amended by Stats. 1977, Ch. 1220.)
  30. 5809.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. )

    Verify source ↗

    Certain local securities and related debt instruments are exempt from state taxation, except gift, inheritance, and estate taxes, if they meet the stated project-financing and amount conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Sale of Local Securities [5800 - 5809] ( Chapter 10 added by Stats. 1972, Ch. 292. ) ## 5809. All securities as defined in Section 5805, and all bonds, notes, warrants or other evidences of indebtedness of an issuer in an aggregate principal amount less than five hundred thousand dollars ($500,000), that are issued to finance a public project either by public leaseback or by any lease between a public body as lessee and an issuer as lessor executed after the public project is acquired, constructed or completed and the interest thereon or income therefrom are exempt from all taxation in the state other than gift, inheritance and estate taxes. This section is declaratory of existing law as to the securities, bonds, notes, warrants or other evidences of indebtedness of any issuer that is a joint powers authority or parking authority. (Added by Stats. 1974, Ch. 1162.)
  31. 58090.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The supervising authority must set the time and place for the final hearing on the petition and order the clerk to give notice of the hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58090. The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing. (Added by Stats. 1951, Ch. 331.)
  32. 58091.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice of final hearing must include specified information about the district, the petition, the proposed district boundaries, the estimated initial annual special ad valorem tax rate, the hearing time and place, protests, and requests to exclude or include land.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58091. The notice of final hearing shall state: (a) The name and nature of the district. (b) That the petition may be inspected at the clerk’s office. (c) The boundaries of the proposed district and the estimated initial annual special ad valorem tax rate to the taxable property within the proposed district as computed based on the verified information provided pursuant to subdivision (d) of Section 58034 of this code. (d) The time and place for the final hearing. (e) That protests will be considered at the hearing. (f) That written requests for exclusion from or inclusion of land in the proposed district will be heard and considered. (Amended by Stats. 1963, Ch. 1358.)
  33. 58092.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The clerk must give notice of the final hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58092. The clerk shall give notice of the final hearing. (Added by Stats. 1951, Ch. 331.)
  34. 58093.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A clerical error in the notice does not stop the supervising authority from continuing the hearing, and it does not make the petition action invalid.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58093. The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in the notice. (Added by Stats. 1951, Ch. 331.)
  35. 58094.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the notice is materially defective, the supervising authority must reset the hearing and issue new notice.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58094. If the notice is materially defective, the supervising authority shall reset the hearing and cause new notice to be given. (Added by Stats. 1951, Ch. 331.)
  36. 58095.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the supervising authority finds a petition does not comply with the law, it may dismiss the matter; the dismissal does not block a new petition on the same matter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58095. If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a new petition on the same matter. (Added by Stats. 1951, Ch. 331.)
  37. 58096.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A supervising authority’s finding that a petition and notice are genuine and sufficient is binding against everyone except the State, unless the Attorney General brings a proceeding within one year after the district boundary order.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58096. A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the State in a proceeding brought by the Attorney General within one year after the order establishing and describing the boundaries of the district. (Added by Stats. 1951, Ch. 331.)
  38. 58097.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    At the hearing, any interested person may make an oral or written protest about the proposed district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58097. Oral or written protest may be made at the hearing by any person interested in the formation of the proposed district. (Added by Stats. 1951, Ch. 331.)
  39. 58098.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A protest must be in writing and must clearly state the defects being objected to.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58098. Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made. (Added by Stats. 1951, Ch. 331.)
  40. 58099.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Written protests must be filed with the clerk by the time set for the final hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58099. Written protests shall be filed with the clerk on or before the time fixed for the final hearing. (Added by Stats. 1951, Ch. 331.)
  41. 58100.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A hearing may be continued from time to time, but not for more than 60 days.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58100. The hearing may be continued from time to time not exceeding 60 days. (Added by Stats. 1951, Ch. 331.)
  42. 58101.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    At the hearing, an owner of land in the proposed district may submit a written request to the supervising authority to exclude all or part of the land.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58101. At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land. (Added by Stats. 1951, Ch. 331.)
  43. 58102.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    At the hearing, an owner of land outside the proposed district may give the supervising authority a written request to include that land.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58102. At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land. (Added by Stats. 1951, Ch. 331.)
  44. 58103.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a qualifying protest is made before final formation determination, the supervising authority must terminate the proceeding.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58103. If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The supervising authority shall order the proceedings terminated when such protests are received. (Amended by Stats. 1955, Ch. 916.)
  45. 58104.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The supervising authority must not consider a petition or other proceedings to form the same district for the same project until one year after the order of termination.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58104. The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year from the order of termination. (Added by Stats. 1951, Ch. 331.)
  46. 58105.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the supervising authority finds the project feasible, economically sound, and in the public interest at the final hearing, it must set the proposed district’s boundaries.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58105. If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the boundaries of the proposed district. (Added by Stats. 1951, Ch. 331.)
  47. 58105.1.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    At the final hearing, the supervising authority may end the proceedings if it finds the project or proposed district is infeasible, not economically sound, or not for the public interest.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58105.1. If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as changed by the supervising authority as hereafter provided, is infeasible, not economically sound, or not for the public interest, it may terminate the proceedings. (Added by Stats. 1961, Ch. 1343.)
  48. 58106.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    At the final hearing, the supervising authority must exclude land that will not benefit from the proposed project and may include land that will benefit the district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58106. At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific finding as to each parcel of land with respect to which a written request for exclusion has been presented on the question of whether it will or will not be benefited by the proposed project. In making such finding the supervising authority shall consider present use of such land, reasonable prospective use, topography, the nature of the proposed improvements, and any other pertinent factors. The present use of lands for rights-of-way for railroads, power and communication lines, or other public utility facilities shall be presumed by the supervising authority to be permanent. The supervising authority may include any land if it finds that the land will be benefited and that its inclusion will be to the interest of the district. If lands are excluded by the supervising authority pursuant to this section, such lands shall not thereafter be annexed to or included in the district in the absence of a finding, based on substantial evidence, of a change in the circumstances upon which the decision to exclude such lands was based. (Amended by Stats. 1961, Ch. 1343.)
  49. 58107.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The supervising authority may make an inclusion if the owner applies or after notice and a hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58107. The supervising authority may make such inclusion upon the owner’s application or upon giving him notice of and hearing on the inclusion. (Added by Stats. 1951, Ch. 331.)
  50. 58108.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The clerk must publish a notice of inclusion and mail it, postage prepaid, to specified landowners and certain people with a filed interest in the land.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58108. The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county assessment roll and to any person who has filed with the clerk his name, address, and a description of land in which he has a legal or equitable interest. (Added by Stats. 1951, Ch. 331.)
  51. 58109.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice must describe the land proposed for inclusion and state when and where objections to that inclusion will be heard.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58109. The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard. (Added by Stats. 1951, Ch. 331.)
  52. 58110.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the supervising authority decides the district should be established, it must set and describe the district boundaries and give the district a name.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Final Hearing [58090 - 58110] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 58110. If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name for, the district. The name may be that proposed in the petition or any other name the supervising authority selects. (Added by Stats. 1951, Ch. 331.)
  53. 58130.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The supervising authority must call and give notice of an election within 20 days after the resolution establishing the boundaries is adopted.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 58130. Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call and give notice of an election to be held in the proposed district to determine whether the district shall be formed and to select the elective officers, if any, of the district. (Added by Stats. 1951, Ch. 331.)
  54. 58131.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The supervising authority must set election precincts, designate polling places, publish notice, appoint the election board, and canvass and declare the election results at its next regular meeting after the election.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 58131. The election shall be called and conducted, and any candidates shall be nominated as in general district elections except: (a) The supervising authority shall establish election precincts, designate the polling places, publish notice, and appoint the election board. (b) The election returns shall be forwarded to the supervising authority which shall canvass them and declare the election results at its next regular meeting following the election. (Added by Stats. 1951, Ch. 331.)
  55. 58132.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If voters approve organization of the district by majority vote, the supervising authority must declare the district organized, assign its name, and describe its boundaries.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 58132. If a majority of the votes cast at the election favors the organization of the district, by resolution entered on its minutes the supervising authority shall declare the district duly organized under the principal act, give the designated name of the district, and describe its boundaries. (Added by Stats. 1951, Ch. 331.)
  56. 58133.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The clerk must file a certified copy of the district-organization resolution with the Secretary of State and the county recorder of each county where district land is located, immediately after the resolution passes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Formation [58130 - 58133] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 58133. Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder of each county in which any land in the district is situated. Upon such filing the organization of the district is complete. (Added by Stats. 1951, Ch. 331.)
  57. 58200.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Validating Proceedings [58200- 58200.] ( Article 7 repealed and added by Stats. 1961, Ch. 1552. )

    Verify source ↗

    A legal action may be brought to determine whether a district exists lawfully, under the referenced civil procedure chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 1. The District Organization Law [58000 - 58200] ( Chapter 1 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Validating Proceedings [58200- 58200.] ( Article 7 repealed and added by Stats. 1961, Ch. 1552. ) ## 58200. An action to determine the legality of the existence of the district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 1961, Ch. 1552.)
  58. 5850.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

    Verify source ↗

    This section defines “bonds,” “public body,” and “governing body” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5850. As used in this chapter: (a) “Bonds” means any bonds, notes, certificates of indebtedness or other evidences of indebtedness issued after January 1, 1989, by a public body which is authorized to issue bonds, notes, certificates of indebtedness or other evidence of indebtedness. (b) “Public body” means the county, city, city and county, public district, public authority, public corporation, nonprofit corporation or other statutorily constituted public entity which is authorized to issue bonds. (c) “Governing body” means the governing board, commission, city council, board of supervisors, board of directors or similar multimember body which exercises authority over a public body. (Added by Stats. 1988, Ch. 1055, Sec. 3.)
  59. 5851.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

    Verify source ↗

    Bond interest is paid at the times set by the bond’s issuing documents, even if another law says it is paid semiannually.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5851. Notwithstanding any other provision of law specifying that interest on bonds is payable semiannually, interest on bonds is payable at the times established in the resolution, indenture, agreement or other instrument providing for the issuance of the bonds. (Added by Stats. 1988, Ch. 1055, Sec. 3.)
  60. 5852.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

    Verify source ↗

    A governing body of a public body may authorize bond issuance by resolution, indenture, agreement, or another instrument.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5852. Notwithstanding any other provision of law specifying that bonds shall be issued pursuant to a resolution of a governing body of a public body, a governing body of a public body may authorize the issuance of bonds pursuant to a resolution, indenture, agreement or other instrument providing for the issuance of bonds. (Added by Stats. 1988, Ch. 1055, Sec. 3.)
  61. 5852.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

    Verify source ↗

    Before authorizing certain longer-term bonds, the governing body of a public body must obtain and disclose specified bond-cost information at a public meeting.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5852.1. (a) (1) Prior to authorization of the issuance of bonds with a term greater than 13 months pursuant to this chapter, the governing body of a public body shall obtain and disclose all of the following information in a meeting open to the public: (A) The true interest cost of the bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds. (B) The finance charge of the bonds, which means the sum of all fees and charges paid to third parties. (C) The amount of proceeds received by the public body for sale of the bonds less the finance charge of the bonds described in subparagraph (B) and any reserves or capitalized interest paid or funded with proceeds of the bonds. (D) The total payment amount, which means the sum total of all payments the borrower will make to pay debt service on the bonds plus the finance charge of the bonds described in subparagraph (B) not paid with the proceeds of the bonds. The total payment amount shall be calculated to the final maturity of the bonds. (2) The information in paragraph (1) shall be obtained as follows: (A) As a good faith estimate from an underwriter, financial adviser, or private lender. (B) From a third-party borrower pursuant to subdivision (b). (b) (1) If the public body issuing bonds is a conduit financing provider, as defined in subdivision (b) of Section 5870, issuing bonds on behalf of a third-party borrower, the information in paragraph (1) of subdivision (a) shall be presented to the third-party borrower as a good faith estimate by an underwriter, financial adviser, or private lender engaged by the third-party borrower. (2) If the third-party borrower has a governing board, the information shall be presented to the governing board or the official or officials or committee designated by the governing board to obligate the third-party borrower in connection with the financing. If the third-party borrower does not have a governing board, the information shall be presented to the official or officials of the third-party borrower who has the authority to obligate the third-party borrower in connection with the financing. (3) The third-party borrower shall provide the information received pursuant to this subdivision to the public body prior to the disclosure of the information as required pursuant to subdivision (a). (c) The requirements of this section shall not apply to any public body that is a state entity. For purposes of this subdivision, “state entity” means any agency, department, bureau, board, or commission of any kind. (d) This section, including the failure to comply with the requirements of this section, shall not affect the validity of the bonds or the authorization of the bonds by the public body. (Added by Stats. 2017, Ch. 625, Sec. 1. (SB 450) Effective January 1, 2018.)
  62. 5853.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

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    This chapter’s general authority is დამატitional to, and not limited by, specific bond-issuing provisions, and it is separate and complete authority for the actions authorized here.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5853. The general authority provided in this chapter is intended to be in addition to, and not limited by, specific provisions authorizing the issuance of bonds, notes or other evidences of indebtedness and is separate and complete authority for the actions authorized in this chapter. (Added by Stats. 1988, Ch. 1055, Sec. 3.)
  63. 5854.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. )

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    This section says Article XIII C, section 3 must not be read to mean that owners or beneficial owners of municipal securities accept the risk of, or consent to, any initiative measure that impairs contractual rights protected by the U.S. Constitution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. General Bond Provisions [5850 - 5854] ( Chapter 10.5 added by Stats. 1988, Ch. 1055, Sec. 3. ) ## 5854. Section 3 of Article XIII C of the California Constitution, as adopted at the November 5, 1996, general election, shall not be construed to mean that any owner or beneficial owner of a municipal security, purchased before or after that date, assumes the risk of, or in any way consents to, any action by initiative measure that constitutes an impairment of contractual rights protected by Section 10 of Article I of the United States Constitution. (Added by Stats. 1997, Ch. 38, Sec. 3. Effective July 1, 1997.)
  64. 5870.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. )

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    This section defines “conduit financing,” “conduit financing provider,” and “conduit revenue bond” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. ) ## 5870. As used in this chapter, the following definitions apply: (a) “Conduit financing” means the issuance of conduit revenue bonds. (b) “Conduit financing provider” means any county, city, city and county, public district, public authority, public corporation, nonprofit corporation, joint powers authority, or other statutorily constituted public entity that issues one or more conduit revenue bonds. (c) “Conduit revenue bond” means any municipal security the proceeds of which are loaned to any nongovernmental borrower, including, but not limited to, persons, for-profit corporations, nonprofit corporations pursuant to Section 501(c)(3) of the Internal Revenue Code, partnerships, and other legal entities for purposes that are permitted for qualified private activity bonds under applicable federal law. (Added by Stats. 2009, Ch. 557, Sec. 1. (SB 99) Effective January 1, 2010.)
  65. 5871.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. )

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    A conduit financing provider must post specified meeting and financial documents on its website if it maintains one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. ) ## 5871. A conduit financing provider shall make the following information available on its Internet Web site, to the extent that it maintains an Internet Web site: (a) Agendas for regular meetings posted by a conduit financing provider pursuant to Section 54954.2. (b) Notices of special meetings posted by a conduit financing provider pursuant to Section 54956. (c) Notices of meetings of a conduit financing provider provided pursuant to Section 11125. (d) Staff reports on the items included on the agendas listed in subdivisions (a), (b), and (c). (e) Minutes of the meetings for which the agendas listed in subdivisions (a), (b), and (c) were produced. (f) Audits of the conduit financing provider’s accounts and records. (g) Copies of reports of the conduit financing provider’s annual financial transactions required pursuant to Section 12460 or 12463. (h) Annual lists of applications approved for financing by the governing body of the conduit financing provider for any fiscal year in which at least one application is approved. (Added by Stats. 2009, Ch. 557, Sec. 1. (SB 99) Effective January 1, 2010.)
  66. 5872.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. )

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    A conduit financing provider must do an annual audit of its accounts and records and report the results to the Controller.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Conduit Financing Transparency and Accountability [5870 - 5872] ( Chapter 10.7 added by Stats. 2009, Ch. 557, Sec. 1. ) ## 5872. (a) When an audit of a conduit financing provider’s accounts and records is required by law, in addition to any other requirements, the audit shall include all of the following: (1) A disclosure of fees imposed on borrowers by, or on behalf of, the conduit financing provider. (2) A disclosure of expenditures related to those fees made by or on behalf of the conduit financing provider. (3) The dollar amount and nature of these fees and expenses. (4) A disclosure of the amount of bonds authorized but unsold at the end of the time period covered by the audit. (5) A disclosure of the amount of debt the conduit financing provider has issued during the period covered by the audit and the amount of debt still outstanding at the end of the time period covered by the audit. (b) An audit of a conduit financing provider’s accounts and records shall be made publicly available pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)). (c) Notwithstanding any other reporting periods permitted pursuant to subdivision (f) of Section 6505, Section 26909, or any other provision of law, a conduit financing provider shall annually conduct an audit of its accounts and records and report the results of that audit to the Controller. The minimum requirements of the annual audit and report shall be prescribed by the Controller and conform to generally accepted auditing standards. (Amended by Stats. 2021, Ch. 615, Sec. 139. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  67. 58850.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    This section defines “county surveyor” and “proposal” for this chapter, and it excludes certain district proposals from the chapter’s application.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58850. Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter: (a) “County surveyor” means the county surveyor or such other county officer or employee as the board of supervisors may designate. (b) “Proposal” means any proposal for the formation of a new, or a change in the boundaries of an existing, district exercising functions that are, or may be, supported by taxes or special assessment taxes levied on property within the district and collected with county taxes. This chapter does not apply to proposals concerning special assessment districts formed for the purpose of providing various municipal and county improvements, or to a municipal utility district, or a transit district organized under the Transit District Law (Division 10, commencing with Section 24501, of the Public Utilities Code), whose boundaries include all or portions of two or more counties. (Repealed and added by Stats. 1965, Ch. 587.)
  68. 58851.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    The county surveyor and county assessor must review boundary descriptions for proposals that are not under the local agency formation commission’s jurisdiction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58851. The county surveyor and the county assessor shall review the boundary description contained in those proposals which are not subject to the jurisdiction of the local agency formation commission pursuant to Chapter 6.6 (commencing with Section 54775) of Part 1 of Division 2 of Title 5 or Division 1 (commencing with Section 56000), Title 6 of this code. Whenever the county boundary commission is referred to in state law, the reference shall be deemed to be to the local agency formation commission when the reference is in connection with any proposal over which the local agency formation commission has jurisdiction. (Amended by Stats. 1967, Ch. 920.)
  69. 58852.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    Before a petition is circulated or filed, the proposal must be submitted to the county surveyor, and it must include a boundary map and a detailed legal description.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58852. Prior to circulation of a petition, if such circulation is required, or otherwise prior to filing with the board of supervisors or with the governing body of a district, the proposal shall be submitted to the county surveyor as provided in this chapter. Each such proposal shall be accompanied by a map showing the boundaries of the territory involved and by a specific detailed legal description of the boundaries of such territory. (Repealed and added by Stats. 1965, Ch. 587.)
  70. 58853.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    If a boundary-change proposal involves territory in two or more counties, a copy must be filed with each county surveyor, and each county surveyor has jurisdiction over and must report on the parts within that county.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58853. If the territory involved in the proposal is located in two or more counties, a copy of the proposal shall be filed with the county surveyor of each such county. The county surveyor of each such county shall have jurisdiction over and shall report upon those portions of the boundaries and territory which shall be located within each such county. (Repealed and added by Stats. 1965, Ch. 587.)
  71. 58854.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    The county surveyor must review and report on the proposal’s boundaries within 30 days after filing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58854. Within 30 days after filing, the county surveyor shall review and report on boundaries set forth in the proposal. Failure to report on a proposal within said 30-day period shall be deemed approval of the boundaries as set forth therein. (Repealed and added by Stats. 1965, Ch. 587.)
  72. 58855.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    The county surveyor must mail written notice of a proposal filing within 10 days after the filing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58855. Within 10 days after the filing of any proposal, the county surveyor shall give written notice as provided in Section 58855.5 by mailing notice of such filing: (a) To each city, county, or district the boundaries of which contain all or any portion of the lands described in the proposal; and (b) To each person who has filed a written request for special notice of such filings of such proposals with the county surveyor. (Amended by Stats. 1971, Ch. 268.)
  73. 58855.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    Notice of a proposal must be mailed first class, postage prepaid, and is treated as given when deposited in the United States mails.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58855.5. Mailed notice of any proposal shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when so deposited. When notice is required to be given to: (a) A city, county or district, it shall be addressed to the clerk thereof; (b) Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice of filings of proposals with the county surveyor. (Added by Stats. 1971, Ch. 268.)
  74. 58856.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    When reviewing a proposal, the county surveyor must consider the proposed boundaries’ definiteness, their conformity with ownership lines, and other similar public-interest matters.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58856. Factors to be considered by the county surveyor in review of a proposal shall include: (a) The definiteness and certainty of the proposed boundaries; (b) Conformance of the proposed boundaries with lines of ownership, as shown on the last equalized assessment roll of the county or by documents of record in the office of the county recorder; and (c) Other similar matters of public interest resulting from the location of the proposed boundaries. (Repealed and added by Stats. 1965, Ch. 587.)
  75. 58857.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    If the county surveyor thinks it is in the public interest, the county surveyor may hold a public hearing on the proposal.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58857. If he deems it to be in the public interest, the county surveyor may hold a public hearing on the proposal. Notice of any such hearing shall be given to the same cities and districts as were given notice pursuant to Section 58855 and may be given to such other cities, districts, public agencies, or persons as the county surveyor may direct. (Repealed and added by Stats. 1965, Ch. 587.)
  76. 58858.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    The county surveyor may change proposal boundaries if the proponents consent and the revised boundaries meet applicable law and inclusion rules. If prior notice was given under Section 58855, the surveyor must give written notice of the change within five days to any nearby city or district not already notified.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58858. The county surveyor may make changes in the boundaries set forth in a proposal if: (a) The proponents consent; and (b) The territory contained within the revised boundaries complies with the requirements of any applicable law and does not include any territory which could not have been included at the time of the filing of the proposal. If written notice was previously given pursuant to Section 58855, within five days after making any such change, the county surveyor shall give written notice thereof to any city or district, within three miles of the changed boundaries, which was not previously given notice. (Repealed and added by Stats. 1965, Ch. 587.)
  77. 58859.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    The county surveyor must deliver a copy of the report, along with any county assessor recommendations, to the proponents and the legislative body with jurisdiction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58859. The county surveyor shall deliver a copy of his report together with any recommendations made by the county assessor to the proponents and to the legislative body having jurisdiction to conduct appropriate proceedings. (Repealed and added by Stats. 1965, Ch. 587.)
  78. 58860.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    If the proponents reject the county surveyor’s recommendations, they must file reasons with the responsible legislative body and give a copy to the county surveyor before the proposal can be circulated or filed.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58860. If the proponents do not accept the county surveyor’s recommendations as contained in his report, they shall file a statement of reasons with the legislative body having jurisdiction to conduct the appropriate proceedings. The proponents shall also furnish a copy of such statement to the county surveyor. The proposal may be circulated or filed with the board of supervisors or the governing body of the district, if any, only after such a report has been furnished. (Repealed and added by Stats. 1965, Ch. 587.)
  79. 58861.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. )

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    Before acting on any proposal, the legislative body with jurisdiction must consider the county surveyor’s report and give it the weight it thinks the public interest requires.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3. Change of Boundaries [58850 - 58861] ( Chapter 3 repealed and added by Stats. 1965, Ch. 587. ) ## 58861. Before acting upon any proposal, the legislative body having jurisdiction shall consider the report of the county surveyor and give it such weight as in its judgment the public interest requires. (Repealed and added by Stats. 1965, Ch. 587.)
  80. 58900.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    A proposal must be noticed to all owners of the described real property before the supervising authority acts on it.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58900. It is the purpose of this chapter to require that notice of a proposal be given to all owners of the real property described therein prior to the time the proposal is acted upon by the supervising authority. (Added by Stats. 1953, Ch. 846.)
  81. 58901.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    This section defines key terms used in the chapter on notice of formation or boundary changes for districts.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58901. As used in this chapter, unless the context otherwise requires: (a) “Proposal” means any proposal for the formation of a new, or change in the boundaries of an existing, district. (b) “Supervising authority” means the board of supervisors, city council or the governing body authorized by law to act upon proceedings for the formation of a new, or change in boundaries of an existing, district. (c) “District” means any tax, assessment or any other district except as otherwise provided in Section 58902. (d) “Clerk” means the clerk or secretary of the supervising authority. (e) “Principal act” means the law providing for the creation or change in boundaries of a district. (Added by Stats. 1953, Ch. 846.)
  82. 58902.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    This chapter applies to all districts, unless the chapter itself says otherwise.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58902. Except as herein otherwise provided, this chapter shall apply to all districts. This chapter shall not apply to any boundary change which is approved by all of the owners of real property proposed to be included within, or proposed to be excluded from, the district, nor to any proceeding commenced or conducted with respect to forming a metropolitan water district or separation of grade district or changing the boundaries thereof. (Amended by Stats. 1963, Ch. 1064.)
  83. 58903.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    When a proposal is filed or otherwise submitted, the supervising authority must give notice as required by this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58903. Upon the filing or other submission of any proposal, the supervising authority shall give notice thereof as required by this chapter. (Added by Stats. 1953, Ch. 846.)
  84. 58904.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    A notice of filing or submission of a proposal must include the required information, or it is enough to include the specified substitute items.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58904. The notice of filing or other submission of the proposal shall contain the matters specified by the law under which the proposal is made. In lieu thereof it shall be sufficient if the notice of filing or other submission of the proposal shall contain the following: (a) The nature of the proposal. (b) A general description or map of the territory included in the proposal. (c) The time and place of the first public hearing on the proposal if a public hearing is required by other provisions of law to be held upon the proposal, or the time and place upon which the supervising authority will take initial action upon the proposal. (Amended by Stats. 1963, Ch. 1064.)
  85. 58905.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    Property owners may file a yearly statement with the county assessor to receive mailed notices about proposals affecting their property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58905. Every owner of real property, including property assessed by the State under Section 14, Article XIII of the Constitution, is hereby authorized to file a statement each fiscal year with the county assessor, showing his name, address, and a description of the property owned by him, together with a request that a notice of all proposals affecting such property shall be mailed to him at such address. The statement and request shall be effective only for the fiscal year in which it was filed. The fee for filing a statement and request is one dollar and fifty cents ($1.50). The property owner shall furnish a copy of the statement and request to the clerk of any supervising authority having a request for same on file with the county assessor, and this chapter shall be ineffective with respect to the actions of that supervising authority unless its clerk shall have received a copy of the statement and request. (Amended by Stats. 1963, Ch. 1064.)
  86. 58906.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    The clerk must mail the required notice, or cause it to be mailed, and must do so at the time and in the manner required by the principal act or, if that act does not require notice, at least 10 days before the first hearing or initial action on the proposal.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58906. If the principal act requires notice to be mailed by first-class mail to all owners of property described in the proposal, including the owners of state assessed property, notice shall be mailed in the form and manner, and at the time, required by such act. If the principal act does not require such notice, the clerk shall cause a notice of the filing or other submission of the proposal to be mailed by post card or first class mail, postage prepaid, to every owner of real property described in the proposal who has filed the statement authorized by the preceding section, at the address shown on such statement, at least 10 days prior to the first hearing or initial action on the proposal. The clerk of the supervising authority may, upon completion of the mailing of such notices, file an affidavit with the supervising authority stating that notices have been mailed to all property owners entitled thereto under the provisions of this chapter. The affidavit of the clerk shall be conclusive evidence as to the mailing or nonmailing of any notice. Mailing of notice to all property owners who have filed a request therefor with the county assessor, as authorized by Section 58905, shall be deemed sufficient compliance with this chapter for all purposes. (Added by Stats. 1953, Ch. 846.)
  87. 58907.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    A property owner must object in writing within 30 days if mailed notice was omitted; otherwise the proceeding is not invalid for that omission. After 30 days, the clerk may file an affidavit, and if a valid objection is filed, the supervising authority must hold another hearing or reconsider its action.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58907. No proceeding shall be held invalid for omission of the clerk of the supervising body to mail the notice required by this chapter to any property owner unless such owner objects to such omission within 30 days after the public hearing or initial action with reference to which such notice was omitted. No objection shall be considered unless it is made in writing, signed, under oath by such owner or his duly authorized representative, and filed with the clerk of the supervising authority. Upon the expiration of said 30 days, the clerk may file an affidavit stating whether or not any property owner entitled to a mailed notice under this chapter who has not been mailed such notice, has filed the objection herein authorized. The affidavit of the clerk shall be conclusive evidence as to the filing or nonfiling of objections within the period of 30 days as above required. If a valid objection is filed within the time allowed, the supervising authority shall conduct another hearing or reconsider its initial action on the proposal, after complying with the notice provisions of this chapter and the principal act under which the proposal was initiated. The time allowed by such principal act for the taking of any proceedings subsequent to the initial action or hearing shall be extended for such additional time as may be required to comply with this chapter. (Added by Stats. 1953, Ch. 846.)
  88. 58908.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. )

    Verify source ↗

    This chapter can only be superseded or modified by later legislation if that later legislation says so expressly.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 3.5. Notice of Formation or Change in Boundaries of Districts [58900 - 58908] ( Chapter 3.5 added by Stats. 1953, Ch. 846. ) ## 58908. The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so expressly. (Added by Stats. 1953, Ch. 846.)
  89. 58950.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 4. District Indebtedness [58950- 58950.] ( Chapter 4 added by Stats. 1972, Ch. 576. )

    Verify source ↗

    A district board may relieve detached territory from annual tax liability for certain outstanding district bonds, but only after notice, hearing, resolution, and required filings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 4. District Indebtedness [58950- 58950.] ( Chapter 4 added by Stats. 1972, Ch. 576. ) ## 58950. If territory has been detached from a district and that detached territory is subject to terms and conditions imposed by the local agency formation commission pursuant to Section 56886 and those terms and conditions require that the detached territory continue to be taxed for the payment of principal and interest on outstanding bonds of the district, the governing body of the district from which the territory was detached may absolve and relieve the detached territory of its annual tax liability as follows: (a) The district board shall, by resolution, declare its intention to relieve the detached territory of its annual tax liability for payment of principal and interest on outstanding district bonds. The resolution shall describe the detached territory, specify the annual liability the territory will be relieved of, state the reason or reasons why the detached territory should be relieved, and fix a time, date, and place for a public hearing on the proposed relief of liability. (b) The district board shall cause notice of the hearing to be published pursuant to Section 6066 in a newspaper of general circulation published in the territory of the district and the detached territory. The notice shall contain all the information specified in subdivision (a), and in lieu of notice the district board may cause a copy of the resolution required in subdivision (a) to be published. (c) At the time, date, and place stated in the notice, the district board shall hear and consider all objections or protests to relieving the detached territory of annual liability for payment of principal and interest on outstanding district bonds. The hearing may be continued from time to time. Upon conclusion of the hearing, the district board shall determine by resolution, whether or not the detached territory should be relieved and absolved of any future annual tax liability for the outstanding bonds of the district. (d) If the district board determines that the detached territory should be relieved of annual tax liability, it shall cause a copy of its resolution to be filed pursuant to Section 54902 with the Board of Equalization and the county assessor of the county in which the territory is located. The detached territory shall be relieved and absolved of the annual tax liability for outstanding district bonds imposed by the local agency formation commission in the year next succeeding adoption of the resolution when assessments or taxes are to be levied for payment of the principal and interest on the bonds. Nothing in this section shall be construed as in any way limiting the power of a bondholder to enforce his or her contractual rights and nothing in this section shall affect the ultimate liability of that detached territory for the bonded indebtedness of the district in case of default. This section is intended to provide a means of relieving territory detached from a district from annual assessments for the principal and interest on bonded indebtedness when that territory is no longer receiving the services for which the bonded indebtedness was incurred. (Amended by Stats. 2006, Ch. 643, Sec. 14. Effective January 1, 2007.)
  90. 5900.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    The Legislature states that state and local governments need the ability to issue bonds to finance public projects, and that tax treatment and bond structure affect borrowing costs and marketability.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5900. The Legislature finds and declares all of the following: (a) The ability of the state and local governments to issue bonds is essential to their ability to finance public improvements and other projects and programs which serve important public purposes and have major social and economic consequences to the people of California. (b) The exemption of interest on these bonds from federal income taxation has been a major feature of this financing, reducing interest costs to the state and local government issuers and enhancing the marketability of the bonds. (c) Proposed federal tax legislation would substantially curtail the purposes for, and conditions under which, bonds may be issued with interest exempt from federal income taxation, with the result that in order to provide financing for those purposes or under those conditions state and local governments will in some instances be required, or elect, to issue bonds which bear interest not exempt from federal income taxation. These bonds often have different terms and structural features and are sold and traded in a different market than bonds the interest on which is exempt from federal income taxation. (d) The state and local governments have the power to issue bonds bearing interest subject to federal income taxation, but the state and local governments may lack clear authority to structure this financing for the applicable market or otherwise to achieve the lowest effective borrowing cost or terms most suitable to the state or local government issuer, the project, or the financing program. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  91. 5901.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    The Legislature states that state and local governments should be given the powers and flexibility needed to access the bond market for bonds whose interest is subject to federal income tax.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5901. It is the intent of the Legislature that state and local governments be provided with the powers and flexibility necessary and appropriate for them to access the market for bonds which bear interest subject to federal income taxation. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  92. 5902.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5902. As used in this chapter, the following words and terms shall have the following meanings, unless the context otherwise indicates or requires another or different meaning or intent: (a) “Bonds” means bonds, notes, warrants, bond anticipation notes, commercial paper, or other evidences of indebtedness, or lease, installment purchase, or other agreements or certificates of participation therein. (b) “Legislative body” means the governing body or board of the state or local government. (c) “State or local government” means the state, any department, agency, board, commission, or authority of the state, or any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  93. 5903.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    If the legislative body makes a tax-related finding before issuing bonds, the state or local government may set many bond terms and related financing arrangements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5903. If, prior to issuing any bonds, the legislative body determines that the interest payable on the bonds to be issued by the state or local government will be subject to federal income taxation under the law in existence on the date of issuance or pending on the date of issuance with an effective date preceding the date of issuance, then notwithstanding any other provision of law, the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds may provide for any of the following: (a) The bonds shall be in the denominations, in the form, either bearer or registered, and payable at the place or places, either within or without the United States, at the time or times, in lawful money of the United States of America, with the maturity or maturities, with the terms of redemption, and at the interest rate or rates, either fixed or variable, including methods of determining the rate or rates if variable, as the legislative body shall determine. (b) The bonds shall be sold at public or private sale, in such manner and place or places, either within or without the United States, and at the price or prices, above or below par, as the legislative body shall determine. (c) In connection with, or incidental to, the sale and issuance of the bonds, the state or local government may offer, sell, and issue warrants for additional bonds, as well as issue additional bonds pursuant to these warrants on terms consistent with this chapter, and may enter into any contracts which the legislative body determines to be necessary or appropriate to place the obligation of the state or local government, as represented by the bonds and the contract or contracts, in whole or in part on the interest rate, cashflow, or other basis desired by the legislative body, including, without limitation, contracts commonly known as interest rate swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of or changes in interest rates, or contracts to exchange cashflows or a series of payments, or contracts, including, without limitation, options, puts or calls to hedge payment, rate, spread, or similar exposure. These contracts or arrangements may also be entered into by state or local governments in connection with, or incidental to, entering into any agreement which secures bonds, including bonds issued by private entities. These contracts and arrangements shall be made upon the terms and conditions established by the legislative body, after giving due consideration for the creditworthiness of the counterparties, where applicable, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate. In addition, these contracts and arrangements may be made only if the bonds are rated in one of the three highest rating categories by two nationally recognized rating agencies, and if there has been receipt, from any rating agency rating the bonds, of written evidence that the contract or agreement will not adversely affect the rating. (d) In connection with, or incidental to, the sale and issuance of the bonds, or entering into any of the contracts or arrangements referred to in subdivision (c), the state or local government may enter into credit enhancement or liquidity agreements, with payment, interest rate, security, default, remedy, and other terms and conditions as the legislative body shall determine. (e) Proceeds of the bonds and any moneys set aside or pledged to secure payment of the bonds, or any of the contracts entered into pursuant to subdivision (c), may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds and may be pledged to and used to service any of the contracts or agreements entered into pursuant to this section. (Amended by Stats. 2014, Ch. 201, Sec. 4. (SB 1462) Effective January 1, 2015.)
  94. 5903.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    Section 5903 applies to certain bonds meeting specified federal tax and timing conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5903.5. Section 5903 shall apply to any bonds the interest on which will not be subject to federal income taxation under the law in existence on the date of issuance or pending on the date of issuance with an effective date preceding the date of issuance, notwithstanding any other provision of law, if the bonds are issued by the same state or local government for the same project or purpose and within 45 days of the date of issuance of bonds described in Section 5903. (Added by Stats. 1987, Ch. 845, Sec. 2. Effective September 21, 1987.)
  95. 5904.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    The state or a local government may take actions and enter agreements needed to register or qualify certain bonds for sale and to comply with securities laws.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5904. The state or a local government may take any actions, and enter into any agreements, necessary or appropriate to register or qualify the bonds described in Section 5903 for offer and sale under the federal or any state’s or nation’s securities laws and to comply with those laws. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  96. 5905.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    State or local governments may form and buy all of the voting stock in certain corporations if the corporations are not depository institutions and are set up for approved financing programs that are beneficial to the government.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5905. One or more state or local governments may cause to be formed, and may acquire all, but not less than all, of the voting stock in, one or more corporations, not chartered by a state or federal agency as a depository institution, but organized for the purpose of undertaking financing programs approved by each legislative body and found by each legislative body to be of benefit to the state or local government. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  97. 5906.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    Bonds issued by state or local governments, and related transactions with those bonds, are exempt from California’s usury provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5906. Any bonds issued by a state or local government pursuant to this chapter, or otherwise, and the purchasers or holders thereof, shall be exempt from the usury provisions of Section 1 of Article XV of the California Constitution. Any loan, lease, installment sale, investment, forbearance of money, or other agreement between a user of the proceeds of or other moneys pledged to bonds and the issuer of the bonds, or entered into by or on behalf of the issuer of the bonds that provides for the use of the proceeds of the bonds or other moneys pledged to or securing the bonds, and the issuer of the bonds or any person acting on its behalf in connection with the foregoing shall be exempt from the usury provisions of Section 1 of Article XV of the California Constitution. This section creates and authorizes exempted classes of transactions and persons pursuant to Section 1 of Article XV of the California Constitution. (Amended by Stats. 2006, Ch. 538, Sec. 231. Effective January 1, 2007.)
  98. 5907.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    This chapter does not override earlier voter-approved bonds when it conflicts with the measure that authorized them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5907. This chapter shall not affect bonds approved by the voters of the state or local government issuer prior to the effective date of this chapter, to the extent that this chapter is inconsistent with the measure authorizing those bonds. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  99. 5908.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    The chapter’s authority may enter into contracts needed to exercise that authority, including professional services contracts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5908. The authority conferred by this chapter includes the authority to enter into any and all contracts incident to the exercise of the authority conferred by this chapter, including, without limitation, contracts for the performance of professional services. (Added by Stats. 1986, Ch. 1389, Sec. 1. Effective September 30, 1986.)
  100. 5909.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. )

    Verify source ↗

    If this chapter conflicts with other general law or special act provisions, this chapter controls.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Public Financing [5900 - 5909] ( Chapter 11 added by Stats. 1986, Ch. 1389, Sec. 1. ) ## 5909. To the extent that the provisions of this chapter are inconsistent with any other provision of general law or special act or any part thereof, now or hereafter enacted, the provisions of this chapter shall be controlling. (Added by Stats. 1987, Ch. 845, Sec. 4. Effective September 21, 1987.)
  101. 59100.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59100. This chapter may be cited as the Special Assessment and Bond Refunding Law of 1939. (Added by Stats. 1951, Ch. 331.)
  102. 59101.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This article’s definitions and general provisions govern how this chapter is interpreted, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59101. 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.)
  103. 59102.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    When a city legislative body conducts proceedings under this chapter, defined terms from the Improvement Act of 1911 are to be read with the same meaning here, as far as that fits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  104. 59103.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a county or city and county legislative body conducts the proceedings, defined terms in the Improvement Act of 1911 and the Improvement Bond Act of 1915 keep the same meaning in this chapter, as far as properly applicable.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  105. 59103.1.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a public district legislative body conducts certain proceedings, terms defined in the Improvement Act of 1911 and the Improvement Bond Act of 1915 are to be given the same meaning in this chapter, where properly applicable.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1973, Ch. 256.)
  106. 59104.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “local agency” as a city, county, city and county, or public district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59104. “Local agency” means city, county, city and county, or public district. (Amended by Stats. 1973, Ch. 256.)
  107. 59105.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59105. “Legislative body” means legislative body of the local agency conducting the proceedings. (Added by Stats. 1951, Ch. 331.)
  108. 59106.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “bonds” to include bonds, coupons, and accrued interest; if no bonds are issued, it also includes cash assessments, accrued interest, and penalties.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  109. 59107.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “lot” to include land, parcels, pieces of property, and certain railroad or street right-of-way property.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  110. 59108.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    “Improvement” in a special improvement district means any public improvement, including listed land, rights-of-way, easement, building, structure, and public works acquisitions or construction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  111. 59109.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “Engineer” for refunding proceedings under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  112. 59110.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines what counts as “incidental expenses” for this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Amended by Stats. 1973, Ch. 256.)
  113. 59111.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “cost of the proceedings” as the cost of acquiring and canceling the original bonds plus incidental expenses.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59111. “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.)
  114. 59112.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59112. “Clerk” means clerk of the legislative body conducting the proceedings. (Added by Stats. 1951, Ch. 331.)
  115. 59113.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59113. “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.)
  116. 59114.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59114. “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.)
  117. 59115.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    “New bonds” means refunding bonds issued under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59115. “New bonds” means refunding bonds issued pursuant to this chapter. (Added by Stats. 1951, Ch. 331.)
  118. 59116.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59116. “Original proceedings” means the proceedings by which the original bonds were issued. (Added by Stats. 1951, Ch. 331.)
  119. 59117.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “proceedings” for this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59117. “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.)
  120. 59118.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    “New district” means an assessment district proposed or created under this chapter that is, or will be, assessed to pay the cost of the proceedings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  121. 59119.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This section defines “district” for this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Amended by Stats. 1973, Ch. 256.)
  122. 59120.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the legislative body finds the public interest, convenience, or necessity requires it, it may proceed under this chapter to readjust assessments and refund assessments or bonds for part or all of an improvement district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Amended by Stats. 1971, Ch. 481.)
  123. 59121.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body may use this chapter to refund improvement district bonds when it determines the public interest, convenience, or necessity requires it.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1973, Ch. 256.)
  124. 59122.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    This chapter must be interpreted broadly to carry out its purposes.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59122. This chapter shall be liberally construed to effectuate its purposes. (Added by Stats. 1951, Ch. 331.)
  125. 59123.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Minor neglect, omission, error, or informality does not invalidate a proceeding or assessment unless it directly affects the legislative body’s jurisdiction to issue the assessment readjustment bonds. An affected or aggrieved person’s exclusive remedy is appeal to the legislative body under Article 9.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  126. 59124.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The chapter makes the Improvement Act of 1911’s reassessment provisions and curative clauses apply to proceedings, assessments, and bonds issued under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  127. 59125.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A qualifying legislative body may file a petition and use powers under applicable federal bankruptcy law.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Amended by Stats. 2002, Ch. 94, Sec. 6. Effective January 1, 2003.)
  128. 59126.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 59126. The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to proceedings pursuant to this chapter. (Added by Stats. 1951, Ch. 331.)
  129. 59127.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a notice or resolution must be published, it has to be published in a newspaper published and circulated within the local agency where the legislative body has jurisdiction.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  130. 59128.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a notice must be mailed to property owners, the clerk must file an affidavit with the legislative body after the mailing is completed.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  131. 59129.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Certain public entities with land interests in a district being refunded may appear and be heard in the proceedings or related suits, and they get the chapter’s curative clauses.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 1. Definitions and General Provisions [59100 - 59129] ( Article 1 added by Stats. 1951, Ch. 331. ) ## 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. (Added by Stats. 1951, Ch. 331.)
  132. 59175.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body of a local agency is given authority to conduct proceedings under this article.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59175. Authority to conduct proceedings is conferred upon the legislative body of a local agency pursuant to this article. (Added by Stats. 1951, Ch. 331.)
  133. 59176.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59176. The legislative body which ordered the original bonds issued has complete authority to conduct proceedings. (Added by Stats. 1951, Ch. 331.)
  134. 59177.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59177. If the district lies entirely within a city, the city legislative body has complete authority to conduct proceedings. (Added by Stats. 1951, Ch. 331.)
  135. 59178.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59178. If the district lies entirely within unincorporated territory of a county, the county legislative body has complete authority. (Added by Stats. 1951, Ch. 331.)
  136. 59178.1.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59178.1. If the district lies entirely within the incorporated territory of a public district, the public district legislative body has complete authority. (Added by Stats. 1973, Ch. 256.)
  137. 59179.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    For certain city reorganization cases, the power to conduct the refunding proceedings belongs to the legislative body with jurisdiction over the district territory when the refunding starts.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59179. 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 legislative body which has jurisdiction over the district territory when the refunding is begun. (Added by Stats. 1951, Ch. 331.)
  138. 59180.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59180. 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. (Added by Stats. 1951, Ch. 331.)
  139. 59181.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a district is partly in unincorporated county territory and partly in one or more cities, the county legislative body or any city legislative body may conduct proceedings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59181. 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. (Added by Stats. 1951, Ch. 331.)
  140. 59182.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A legislative body that wants to conduct these proceedings must get consent from specified legislative bodies.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59182. 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 proposes to conduct the proceeding shall obtain consent to the proceedings from the legislative body: (a) Of each city in which any of the district lies. (b) Of the county if a part of the district lies in unincorporated territory of the county. (c) Which levies the tax or assessment for the payment of principal and interest of the original bonds. (Added by Stats. 1951, Ch. 331.)
  141. 59183.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Legislative bodies may grant the consent, and the consent must be expressed by resolution.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59183. Such legislative bodies may grant such consent, which shall be expressed by resolution. (Added by Stats. 1951, Ch. 331.)
  142. 59184.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Consent must be obtained, and a certified copy of the resolution must be filed with the clerk before the resolution of intention is adopted.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59184. 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. (Added by Stats. 1951, Ch. 331.)
  143. 59185.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If consent has been given, the legislative body may conduct proceedings under this chapter with complete authority.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 2. Authority to Conduct Proceedings [59175 - 59185] ( Article 2 added by Stats. 1951, Ch. 331. ) ## 59185. When consent has been given, the legislative body to which it was granted has complete authority to conduct proceedings pursuant to this chapter. (Added by Stats. 1951, Ch. 331.)
  144. 5920.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    The Legislature says state and local governments face interest rate, payment, and other risks when incurring obligations or making and managing investments, and that financial instruments may be used to offset, hedge, reduce, or improve net costs.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5920. The Legislature finds and declares that the incurring or carrying of obligations and making and managing of investments by state and local governments involves a variety of interest rates, payment, and other risks, that a number of financial instruments are available to offset, hedge, or reduce, and improve net costs, and that many state agencies and local governments lack express statutory authority to take advantage of those instruments. (Added by Stats. 1987, Ch. 846, Sec. 1.)
  145. 5921.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    This section defines “bonds,” “state,” and “local government” for this chapter, unless the context requires a different meaning.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5921. As used in this chapter, the following definitions apply, unless the context otherwise indicates or requires another or different meaning or intent: (a) “Bonds” mean bonds, notes, bond anticipation notes, commercial paper, or other evidences of indebtedness, or reimbursement warrants or refunding warrants, or lease, installment purchase, or other agreements or certificates of participation therein. (b) “State” means the state or any department, agency, board, commission, or authority of the state. (c) “Local government” means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity. (Amended by Stats. 2006, Ch. 640, Sec. 1. Effective September 29, 2006.)
  146. 5921.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    The Treasurer may enter into and manage certain contracts for the state related to state bonds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5921.5. For purposes of this chapter, in addition to any other authorization provided by law, the Treasurer may enter into and manage on behalf of the state any contracts described in Section 5922 with respect to any state bonds for which the Treasurer acts as the agent for sale pursuant to Chapter 9 (commencing with Section 5700). (Added by Stats. 2006, Ch. 640, Sec. 2. Effective September 29, 2006.)
  147. 59210.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Before ordering the acquisition and cancellation of bonds, the legislative body must first adopt a resolution stating that intention.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59210. Before ordering the acquisition and cancellation of any bonds, the legislative body shall adopt a resolution declaring its intention to do so. (Added by Stats. 1951, Ch. 331.)
  148. 59211.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution must include a description of the new district’s boundaries.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59211. The resolution shall contain a description of the boundaries of the new district. (Added by Stats. 1951, Ch. 331.)
  149. 59212.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a resolution says all original bonds of only one district will be acquired and canceled, the new district must match that district’s exterior boundaries, and the property assessed in the new district is the property assessed in the original proceedings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59212. 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 assessed in the new district pursuant to this chapter shall be the property assessed in the original proceedings. (Amended by Stats. 1971, Ch. 481.)
  150. 59213.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A local agency may acquire and cancel original bonds of contiguous or overlapping districts in a single proceeding if the districts lie within that local agency.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59213. 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. (Added by Stats. 1951, Ch. 331.)
  151. 59214.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If the resolution of intention covers more than one contiguous or overlapping district and says all original bonds will be acquired and canceled, the new district’s exterior boundary must include all property in the combined area, and the property assessed in the new district is the property assessed in the original proceedings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59214. 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 or overlapping districts. The property to be assessed in the new district shall be the property assessed in the various original proceedings. (Amended by Stats. 1971, Ch. 481.)
  152. 59214.5.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Some original bonds may be acquired and canceled in one proceeding if they were issued under the Improvement Act of 1911.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59214.5. 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 the original bonds of a district or districts are to be acquired and canceled the boundaries of the new district shall encompass all properties described in the original bonds to be acquired and canceled. (Added by Stats. 1971, Ch. 481.)
  153. 59215.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Property in the new district cannot be charged in the new assessment for debt from a district it did not previously belong to.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59215. 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. (Added by Stats. 1951, Ch. 331.)
  154. 59216.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A resolution of intention may describe the new district or refer to a map.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59216. In the resolution of intention the new district may be described or reference made to a map, pursuant to the Improvement Act of 1911. (Added by Stats. 1951, Ch. 331.)
  155. 59217.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution of intention must identify the original proceedings and state specified bond amounts and serial numbers.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59217. The resolution of intention shall: (a) Refer to the original proceedings with sufficient clarity to identify them. (b) Indicate the amount of bonds and of each series which were originally issued against each of the districts created under such proceedings. (c) Indicate the amount of such bonds outstanding against each district when the resolution of intention is adopted. (d) Refer to the serial numbers of the original bonds and set forth the total amount of such bonds outstanding at the time the resolution of intention is adopted, when less than all of the original bonds of a district are to be acquired and canceled. (Amended by Stats. 1971, Ch. 481.)
  156. 59218.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution must state that bonds are proposed for the new district, along with the maximum amount, maximum term, and maximum interest rate.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59218. The resolution shall state: (a) That it is proposed to issue bonds of the new district. (b) The maximum amount for which and the character of the proposed new bonds. (c) The maximum term of the bonds. (d) The maximum rate of interest to be paid on them, not to exceed 7 percent a year. (Added by Stats. 1951, Ch. 331.)
  157. 59219.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution of intention must state the amount allocated toward the original bonds and whether later allocations will be used to reduce the reassessment, except for certain excluded contributions.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59219. The resolution of intention shall state: (a) The amount of each sum allocated up to the date of the resolution from any source toward the payment and redemption of the original bonds. (b) That any subsequent allocation, except contributions by way of cancellation of taxes or towards incidental expenses, will be used to reduce the reassessment to be levied. (Added by Stats. 1951, Ch. 331.)
  158. 5922.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    State and local governments may enter bond-related contracts and hedging arrangements, but local governments need a governing-body finding before doing so; foreign-currency bonds require matching swap coverage and a notice statement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5922. Notwithstanding any other provision of law, all of the following apply: (a) (1) In connection with, or incidental to, the issuance or carrying of bonds, or acquisition or carrying of any investment or program of investment, the state or any local government may enter into any contracts that the state or local government determines to be necessary or appropriate to place the obligation or investment of the state or local government, as represented by the bonds, investment or program of investment and the contract or contracts, in whole or in part, on the interest rate, currency, cashflow, or other basis desired by the state or local government, including, without limitation, contracts commonly known as interest rate swap agreements, currency swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of, or changes in, interest rates, currency exchange rates, stock or other indices, or contracts to exchange cashflows or a series of payments, or contracts, including, without limitation, interest rate floors or caps, options, puts or calls to hedge payment, currency, rate, spread, or similar exposure. These contracts or arrangements may also be entered into by the state or by local governments in connection with, or incidental to, entering into or maintaining any agreement that secures bonds, including bonds issued by private entities. These contracts and arrangements shall be entered into with the parties, selected by the means, and contain the payment, security, default, remedy, and other terms and conditions, determined by the state or the local government, after giving due consideration for the creditworthiness of the counterparties, where applicable, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate. (2) No local government shall enter into any of the contracts or arrangements pursuant to this subdivision, unless its governing body first determines that the contract or arrangement or program of contracts is designed to reduce the amount or duration of payment, currency, rate, spread, or similar risk or result in a lower cost of borrowing when used in combination with the issuance of bonds or enhance the relationship between risk and return with respect to the investment or program of investment in connection with, or incident to, the contract or arrangement which is to be entered into. (b) Bonds issued by the state or by a local government may be payable in accordance with their terms, in whole or in part, in currency other than lawful money of the United States of America, provided that the state or the local government enters into a currency swap or similar agreement for payments in lawful money of the United States of America, which covers the entire amount of the debt service payment obligation of the state or the local government with respect to the bonds payable in other currency, and provided further that if the term of that agreement is less than the term of the bonds, the state or the local government shall covenant to enter into additional agreements as may be necessary to cover the entire amount of the debt service payment obligation. An issuer shall include in its written notice to the California Debt Advisory Commission pursuant to subdivision (g) of Section 8855 a statement of its intent to issue bonds payable in a currency other than lawful money of the United States of America. (c) In connection with, or incidental to, the issuance or carrying of bonds, or entering into any of the contracts or arrangements referred to in subdivision (a), the state or a local government may enter into credit enhancement or liquidity agreements, with payment, interest rate, currency, security, default, remedy, and other terms and conditions as the state or the local government determines. (d) Proceeds of bonds and any moneys set aside and pledged to secure payment of the bonds or any of the contracts entered into pursuant to this section, may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds or the contract and may be pledged to and used to service any of the contracts or agreements entered into pursuant to this section. (Amended by Stats. 2006, Ch. 640, Sec. 3. Effective September 29, 2006.)
  159. 59220.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body may include facts in the resolution of intention supporting a finding that public interest, convenience, or necessity require acquiring and canceling the original bonds and creating the new district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59220. The legislative body may recite in the resolution of intention the facts upon which it finds that the public interest, convenience, or necessity require the acquisition and cancellation of the original bonds and the creation of the new district. (Added by Stats. 1951, Ch. 331.)
  160. 59221.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution must include a notice stating when and where objections may be made before the legislative body.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59221. The resolution shall contain a notice of the time and place at which any person objecting to the proposed acquisition and cancellation of the original bonds, to the creation or extent of the new district, or to the issuance of bonds against it, may appear before the legislative body and show cause why the new district should not be created, or new bonds issued to acquire and cancel the original bonds and to pay the cost of the proceedings under the resolution of intention. (Added by Stats. 1951, Ch. 331.)
  161. 59222.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution’s timing must be set so it is at least 15 and no more than 60 days after the resolution is adopted.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59222. The time shall be not less than 15 nor more than 60 days after the adoption of the resolution. (Added by Stats. 1951, Ch. 331.)
  162. 59223.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The resolution of intention must be published twice in the newspaper named in the resolution, and the first publication must be at least 10 days before the hearing date.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59223. The resolution of intention shall be published twice in a newspaper designated in the resolution. The first publication shall be at least 10 days before the date set in the resolution for hearing. (Added by Stats. 1951, Ch. 331.)
  163. 59224.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    A notice of the resolution of intention must be mailed to each property owner at least 10 days before the hearing date.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59224. A notice of the passage of the resolution of intention shall be mailed to each property owner at least 10 days before the date set in the resolution for hearing. (Added by Stats. 1951, Ch. 331.)
  164. 59225.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice must be titled “Notice to Owners of Proposed Assessment and Bond Refunding.”

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59225. The notice shall be entitled “Notice to Owners of Proposed Assessment and Bond Refunding.” (Added by Stats. 1951, Ch. 331.)
  165. 59226.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The provision requires notice of the resolution’s passage, date, hearing time and place, its substance, and where the resolution is on file.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 3. Resolution of Intention [59210 - 59226] ( Article 3 added by Stats. 1951, Ch. 331. ) ## 59226. It shall: (a) Give notice of the passage of the resolution. (b) Give notice of its date. (c) Give notice of the time and place of hearing on the resolution. (d) Briefly describe the substance of the resolution. (e) Refer to the resolution on file. (Added by Stats. 1951, Ch. 331.)
  166. 5923.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    This chapter controls when it conflicts with another statute, and it must be interpreted liberally to carry out its purpose.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5923. (a) To the extent that this chapter is inconsistent with any other general statute or special act or parts thereof, now or hereafter enacted, this chapter is controlling. (b) This chapter shall be liberally construed to effect its purpose. (Added by Stats. 1987, Ch. 846, Sec. 1.)
  167. 5924.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    This section continuously appropriates money from the General Fund to pay state obligations connected with certain credit enhancement or liquidity agreements for bonds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5924. (a) (1) Notwithstanding Section 13340, there is hereby continuously appropriated without regard to fiscal years, from the General Fund in the State Treasury for the purpose of this chapter, an amount that will equal the sum annually as will be necessary to pay all obligations, including principal, interest, fees, costs, indemnities, and all other amounts incurred by the state under or in connection with any credit enhancement or liquidity agreement, as specified in paragraph (2), that is entered into by the state pursuant to this chapter for bonds payable pursuant to an appropriation from the General Fund. (2) A credit enhancement or liquidity agreement subject to this section includes a credit enhancement or liquidity agreement that is in the form of a letter of credit, standby purchase agreement, reimbursement agreement, liquidity facility, or other similar arrangement. (b) (1) If the agent for sale determines that the credit enhancement or liquidity agreement is expected to result in a lower cost of the borrowing for the bonds to which the credit enhancement or liquidity agreement pertains, the state may incur fees, costs, and other similar expenses under or in connection with any credit enhancement or liquidity agreement entered into by the state pursuant to this chapter. (2) The amount appropriated pursuant to subdivision (a) for fees, costs, and other similar expenses incurred in connection with any credit enhancement or liquidity agreement, when expressed as a percentage of the original principal amount of the bonds to which the credit enhancement or liquidity agreement pertains, may not exceed 3 percent. (3) The amount appropriated pursuant to subdivision (a) for interest incurred in connection with any credit enhancement or liquidity agreement, when expressed as a percentage of the outstanding principal amount of the bonds to which the credit enhancement or liquidity agreement pertains, may not exceed the interest rate percentage set forth in subdivision (d) of Section 16731. (Amended (as amended by Stats. 2009, Ch. 646, Sec. 1) by Stats. 2012, Ch. 32, Sec. 4. (SB 1006) Effective June 27, 2012.)
  168. 5925.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. )

    Verify source ↗

    If the state or local government that issued bonds buys or otherwise acquires them, that does not cancel the bonds or stop them from being treated as outstanding, unless the issuer or the bond instruments provide otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Public Finance Contracts [5920 - 5925] ( Chapter 12 added by Stats. 1987, Ch. 846, Sec. 1. ) ## 5925. The purchase or other acquisition of bonds by or on behalf of the state or local government that issued the bonds does not cancel, extinguish, or otherwise affect the bonds and the bonds shall be treated as outstanding bonds for all purposes except to the extent otherwise determined by the issuer or otherwise provided in the constituent instruments defining the rights of the holders of the bonds. (Added by Stats. 2008, Ch. 3, Sec. 1. Effective March 26, 2008.)
  169. 59250.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Protests to Proposed Refunding and District [59250 - 59251] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Written protests about a proposed refunding or creating a new district may be filed, heard, considered, and decided under the same timing, procedure, effect, and terms as protests against a proposed district under the Improvement Act of 1911.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Protests to Proposed Refunding and District [59250 - 59251] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 59250. Written protests against the proposed refunding or the creation of the new district may be made, filed, heard, considered, and passed upon in the time and manner, with the effect, and subject to the terms of protests against a proposed district pursuant to the Improvement Act of 1911. (Added by Stats. 1951, Ch. 331.)
  170. 59251.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Protests to Proposed Refunding and District [59250 - 59251] ( Article 4 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body may acquire jurisdiction to order the refunding if one of the listed protest conditions is met.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 4. Protests to Proposed Refunding and District [59250 - 59251] ( Article 4 added by Stats. 1951, Ch. 331. ) ## 59251. The legislative body acquires jurisdiction to order the refunding when: (a) No written protests are filed within the proper time. (b) All protests are found insufficient or are overruled. (c) Any correction of the proposed district or refunding has been made and all protests have been heard and denied. (Added by Stats. 1951, Ch. 331.)
  171. 59270.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body must publish a notice of the refunding in a newspaper it designates.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 59270. The legislative body shall cause a notice of the refunding to be published in a newspaper designated by it. (Added by Stats. 1951, Ch. 331.)
  172. 59271.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice must be headed substantially: “Notice to assessment and bondholders of proposed refunding.”

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 59271. The notice shall be headed substantially as follows: “Notice to assessment and bondholders of proposed refunding.” (Added by Stats. 1951, Ch. 331.)
  173. 59272.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice for a proposed refunding must briefly list specified details about the resolution, the purpose, and the proposed new bonds.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 59272. The notice shall briefly set forth: (a) The fact of the adoption of the resolution of intention pursuant to this chapter. (b) Its date. (c) The purpose of the proceeding indicated in the resolution. (d) A reference to the resolution for further particulars. (e) The maximum amount for which and the character of the proposed new bonds. (f) The maximum term of the bonds. (g) The maximum rate of interest to be paid on them. (Added by Stats. 1951, Ch. 331.)
  174. 59273.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The legislative body must, in the notice, invite holders of the original bonds to submit written proposals about the terms for turning in their bonds for cancellation.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5. Notice to Bondholders of Proposed Refunding and Invitation for Proposals [59270 - 59273] ( Article 5 added by Stats. 1951, Ch. 331. ) ## 59273. In the notice the legislative body shall invite the holders of the original bonds to submit to it one or more written proposals stating the terms upon which they will deliver their bonds for cancellation to the legislative body or to any official it designates in consideration for any one of the following: (a) Delivery of new bonds against the district described in the resolution of intention. (b) A cash sum to be specified in the proposal. (c) The delivery and payment of any combination of such bonds and cash specified in the proposal. (Added by Stats. 1951, Ch. 331.)
  175. 59280.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    The legislative body has power under this chapter to refund certain bonds tied to local agencies or improvement districts/zones.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59280. The legislative body shall have power under this chapter to refund bonds which constitute an indebtedness of a local agency or any improvement district or zone thereof payable, both principal and interest, from the proceeds of ad valorem taxes or ad valorem assessments which may be levied without limitation as to rate or amount upon property in the local agency or in the improvement district or zone thereof subject to taxation or assessment. (Added by Stats. 1973, Ch. 256.)
  176. 59281.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    Local agencies may issue refunding bonds to refund indebtedness evidenced by bonds.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59281. Refunding bonds may be issued under this chapter for the purpose of refunding any indebtedness of the local agency which is evidenced by bonds, whether due or not due or which may thereafter become payable at the option of such local agency or by consent of the bondholders or by any lawful means. (Added by Stats. 1973, Ch. 256.)
  177. 59282.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    Incidental costs of issuing refunding bonds may be paid from specified sources, including the purchaser, other legally available funds, or a combination the legislative body chooses.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59282. The incidental costs of issuing the refunding bonds may be paid by the purchaser of the refunding bonds or may be paid from any other legally available source including, without limitation, the general fund of the local agency, other available revenues of the local agency under the control of the legislative body, the proceeds of the sale of the refunding bonds, the interest or other gain derived from investment of any of the proceeds of the sale of the refunding bonds, any other moneys in escrow or in trust, or any combination thereof, as the legislative body may determine. (Added by Stats. 1973, Ch. 256.)
  178. 59283.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    Proceeds from refunding bond sales must be placed in escrow or trust, secured under applicable local-agency fund laws, and may be invested or reinvested in federal securities.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59283. The proceeds of the sale of any refunding bonds shall be deposited in escrow or in trust with any bank or trust company within or without the state, or both within or without the state, and shall be secured in accordance with the laws applicable to funds of the local agency and may, along with any other moneys available for that purpose similarly deposited, be invested or reinvested in federal securities. The term “federal securities” means those securities described in Sections 1360 and 1360.1 of the Financial Code or Section 53601 of this code. (Added by Stats. 1973, Ch. 256.)
  179. 59284.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    Refunding bond proceeds held in escrow or trust must be enough to satisfy one of the section’s sufficiency tests, and a licensed California CPA must certify that amount.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59284. Such proceeds and reinvestments in escrow or in trust shall be in an amount at the time of the issuance of such refunding bonds sufficient to meet the requirements of either subdivision (a) or (b) of this section. Such proceeds and reinvestments in escrow or in trust shall also be certified by a certified public accountant licensed to practice in this state to be of an amount sufficient to meet such requirements. (a) Such proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount at least sufficient to pay (i) the principal of, and interest and redemption premiums if any, on, the refunded bonds as they become due, or at designated dates prior to maturity if the legislative body has exercised or has obligated itself to exercise a redemption privilege on behalf of the local agency, and (ii) the designated costs of issuance of the refunding bonds; or (b) Such proceeds and investments, together with any interest or other gain to be derived from any such investment, shall be in an amount at least sufficient to pay (i) the principal of, and interest and redemption premiums if any, on, the refunding bonds prior to the maturity of the bonds to be refunded or prior to a designated date or dates before the maturity of the bonds to be refunded if the legislative body has exercised or has obligated itself to exercise a redemption privilege on behalf of the local agency, (ii) the principal of, and any redemption premiums due on, such refunded bonds at maturity or at such designated date or dates and (iii) the designated costs of issuance of the refunding bonds. (Added by Stats. 1973, Ch. 256.)
  180. 59285.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    When refunding bonds are issued and both new and refunded bonds stay outstanding, the treatment of the refunded bonds in debt calculations depends on whether the local agency meets Section 59284(a) or 59284(b).

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59285. Upon the issuance, sale and delivery or exchange of refunding bonds pursuant to this article, if both the refunding bonds and the bonds to be refunded remain outstanding for any period of time following the date of the issuance, sale and delivery of the refunding bonds, then until the date on which the bonds to be refunded are no longer outstanding: (a) If the local agency has met the test of subdivision (a) of Section 59284, the bonds to be refunded shall no longer be considered outstanding in any computation of the general obligation indebtedness of such local agency; (b) If the local agency has met the test of subdivision (b) of Section 59284, then the bonds to be refunded shall be considered outstanding in any computation of the general obligation bonded indebtedness of such local agency until the date on which the refunded bonds are retired. (Added by Stats. 1973, Ch. 256.)
  181. 59286.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. )

    Verify source ↗

    In certain proceedings under this article, the legislative body does not have to notify bondholders, get their consent, or ask for written proposals.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 5.5. Refunding of Ad Valorem Tax or Assessment Bonds [59280 - 59286] ( Article 5.5 added by Stats. 1973, Ch. 256. ) ## 59286. In proceeding under the alternatives provided for in this article, it shall be unnecessary for the legislative body to give notice to the bondholders and to obtain their consents or to obtain written proposals from them, and the provisions in this chapter relating to such consents or proposals from the original bondholders shall not be applicable to any proceedings conducted pursuant to the authority in this article. (Added by Stats. 1973, Ch. 256.)
  182. 59290.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If bondholders submit written proposals meeting the 75% principal threshold, the legislative body must direct the engineer to prepare a diagram of the affected property in the new district.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. ) ## 59290. If pursuant to the notice, the bondholders file with the legislative body one or more written proposals for the surrender and cancellation or redemption of not less than 75 percent of the principal amount of all the original bonds referred to in the resolution of intention, the legislative body shall direct the engineer to make a diagram of the property within the new district, affected or benefited by the proposed acquisition and cancellation of such original bonds and to be assessed to pay the cost of the proceedings. (Added by Stats. 1951, Ch. 331.)
  183. 59291.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    If a lot was excluded from the original special assessment tax levy for the district’s bond payments, it must be shown on the diagram and cannot be reassessed.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. ) ## 59291. If in the original proceedings for formation of the district and the issuance of bonds any lot was excepted from the special assessment tax levy to pay the principal and interest of the bonds, the lot shall be shown upon the diagram but no reassessment shall be levied on it. (Added by Stats. 1951, Ch. 331.)
  184. 59292.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The diagram must show each lot in the new district and enough dimensions to identify it.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 6. Diagram [59290 - 59292] ( Article 6 added by Stats. 1951, Ch. 331. ) ## 59292. The diagram shall show each lot in the new district and its dimensions sufficient to identify it. (Added by Stats. 1951, Ch. 331.)
  185. 59320.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    When a district refunds its indebtedness, the total reassessment and any contributions cannot exceed the stated cap.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. ) ## 59320. In refunding the indebtedness of a district the total amount of the reassessment to be levied pursuant to this chapter and any contributions shall not exceed the face amount of the original bonds and coupons and interest on them after the maturity of the bonds and coupons, including interest after the date of the resolution of intention, plus the incidental expenses of the proceedings. (Added by Stats. 1951, Ch. 331.)
  186. 59321.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    After the diagram is completed, the engineer or another person designated by the legislative body must estimate the benefit for each lot in the new district and the total benefit of all lots.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. ) ## 59321. Upon completion of the diagram the engineer or such other person as the legislative body designates shall estimate the benefit to be received by each lot in the new district, as shown by the diagram, from the acquisition and cancellation of the original bonds and from the acquisition and improvement for which they were issued and the total benefit on all such lots. (Added by Stats. 1951, Ch. 331.)
  187. 59322.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The engineer or another designated person must assess the proceedings’ net cost against land in the new district and apportion the total among benefited lots according to estimated benefits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. ) ## 59322. The engineer or such other person shall assess upon and against the land in the new district the total net amount of the cost of the proceedings to be assessed against such land. In so doing he shall assess the total sum upon the lots in the district which are benefited by it by assessing a sum upon each lot in proportion to the estimated benefits to be received by it. (Added by Stats. 1951, Ch. 331.)
  188. 59323.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    Tax deeded lands are subject to reassessment in refunding proceedings under this chapter.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. ) ## 59323. Tax deeded lands are subject to reassessment in refunding proceedings pursuant to this chapter. (Added by Stats. 1951, Ch. 331.)
  189. 59324.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The engineer or other person must consider specified bond, assessment, fund, delinquency, allocation, cost, and discount factors when making the assessment and estimating each lot’s benefits.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 7. Reassessment [59320 - 59324] ( Article 7 added by Stats. 1951, Ch. 331. ) ## 59324. In making the assessment and estimating the benefits to be received by each lot, the engineer or other person shall consider, among other things, the following: (a) The principal amount of all the bonds originally issued. (b) The amount of special assessment levies previously made on account of such bonds. (c) The amount of outstanding bonds proposed to be acquired and canceled. (d) The number of issues of such bonds. (e) The amount which has been collected or paid into the interest and sinking fund of the district for any lot upon assessments previously levied to pay the principal and interest of such bonds. (f) The delinquency in the payment of any such assessments existing against any lot. (g) Any allocation referred to in the resolution of intention and any subsequent allocations. (h) Any costs and expenses incidental to the proceedings. (i) The amount of any discount or concession referred to in the bondholders’ proposal. (Added by Stats. 1951, Ch. 331.)
  190. 59350.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    When the diagram and assessment are completed, they must be attached together and filed with the clerk.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59350. When the diagram and assessment have been made, they shall be attached together and filed with the clerk. (Added by Stats. 1951, Ch. 331.)
  191. 59351.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    After the filing, the clerk must notify interested persons of the filing and the hearing time.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59351. Upon such filing, the clerk shall give notice of the filing and of a time to be fixed in the notice by him when all persons interested in the acquisition and cancellation of the original bonds, the diagram, or assessment will be heard by the legislative body. (Added by Stats. 1951, Ch. 331.)
  192. 59352.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

    Verify source ↗

    The notice must say that a bondholders’ proposal has been filed.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59352. The notice shall: (a) Recite that a bondholders’ proposal has been filed. (b) Briefly indicate its terms. (c) Refer to the resolution of intention, the bondholders’ proposal, the diagram, and assessment on file for further particulars. (Added by Stats. 1951, Ch. 331.)
  193. 59353.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    The notice must say that the legislative body cannot finally confirm the matter until written consent is filed with the clerk from owners meeting the stated majority-in-area requirements.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59353. The notice shall contain a statement that before the legislative body may finally confirm the diagram, assessment, bondholders’ proposal, and proceedings, there shall be filed with the clerk the written consent of the owners of: (a) A majority in area of the land in the district or districts subject to assessment to pay the principal and interest of the original bonds. (b) A majority in area of the new district. (Added by Stats. 1951, Ch. 331.)
  194. 59354.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    An owner may file written consent to the refunding before the resolution of final confirmation is adopted.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59354. The notice shall state that any such owner may file his written consent to the refunding at any time prior to the adoption of the resolution of final confirmation. (Added by Stats. 1951, Ch. 331.)
  195. 59355.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    The notice must be posted for at least 10 days on or near the chamber door where the legislative body holds its regular public meetings.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59355. The notice shall be posted for not less than 10 days on or near the door of the chamber in which the legislative body conducts its regular public meetings. (Added by Stats. 1951, Ch. 331.)
  196. 59356.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    The notice of an assessment hearing must be published twice before the hearing, with the first publication at least 10 days before the hearing date.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59356. Before the date designated for the hearing, the notice shall be published twice in the newspaper in which the resolution of intention was published, if still existing, otherwise in any newspaper designated by the legislative body. The first publication shall be at least 10 days before the day set for hearing. (Added by Stats. 1951, Ch. 331.)
  197. 59357.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    The clerk must mail a copy of the notice to the owners at least 10 days before the hearing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59357. The clerk shall mail a copy of the notice to the owners at least 10 days prior to the time fixed for the hearing. (Added by Stats. 1951, Ch. 331.)
  198. 59358.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. )

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    A mailed notice must identify the property in the new district and state the amount proposed to be assessed.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 8. Notice of Assessment Hearing [59350 - 59358] ( Article 8 added by Stats. 1951, Ch. 331. ) ## 59358. The mailed notice shall also: (a) Designate the property within the new district belonging to the owner by a description sufficient to enable him to identify it, or by its diagram number and referring to the diagram filed with the clerk. (b) State the amount proposed to be assessed against the property. (Added by Stats. 1951, Ch. 331.)
  199. 59380.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 9. Hearing on Assessments [59380 - 59385] ( Article 9 added by Stats. 1951, Ch. 331. )

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    This section defines “interested person” for this article.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 9. Hearing on Assessments [59380 - 59385] ( Article 9 added by Stats. 1951, Ch. 331. ) ## 59380. As used in this article, “interested person” means an owner or any other person interested in any of the following: (a) The proposed acquisition and cancellation of original bonds. (b) The diagram. (c) The assessment. (d) The bondholders’ proposal. (Added by Stats. 1951, Ch. 331.)
  200. 59381.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 9. Hearing on Assessments [59380 - 59385] ( Article 9 added by Stats. 1951, Ch. 331. )

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    An interested person may appeal to the legislative body before the assessment hearing by briefly stating the grounds in writing.

    ## Government Code - GOV ## TITLE 6. DISTRICTS [58000 - 62464] ( Title 6 added by Stats. 1951, Ch. 331. ) ## DIVISION 1. GENERAL [58000 - 60375.5] ( Heading of Division 1 renumbered from Division 2 by Stats. 1987, Ch. 56, Sec. 88. ) ## CHAPTER 5. Special Assessment and Bond Refunding Law of 1939 [59100 - 59674] ( Chapter 5 added by Stats. 1951, Ch. 331. ) ## ARTICLE 9. Hearing on Assessments [59380 - 59385] ( Article 9 added by Stats. 1951, Ch. 331. ) ## 59381. Prior to the time fixed for the assessment hearing any interested person may appeal to the legislative body by briefly stating in writing the grounds of his appeal. Such appeal may be made upon any of the following grounds: (a) That he feels aggrieved by any act or determination of the person who prepared the diagram and assessment. (b) That he objects to their correctness. (c) That he feels aggrieved by the bondholders’ proposal. (d) That he feels aggrieved by any other act, determination, or proceeding concerning the diagram, assessment, or proposal. (Added by Stats. 1951, Ch. 331.)

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