Streets and Highways Code
Part 22 of 23 · provisions 4,201–4,400
This section says the act is named the Streets and Highways Code.
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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.
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- 8880. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
The legislative body may add an amount to create a special reserve fund for the bonds, but the amount cannot be more than 10% of the assessments under the proceedings.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8880. In any proceedings leading to the issuance of bonds pursuant to this division, the legislative body may include, as an incidental expense of the proceedings, an amount to create a special reserve fund for the bonds. The amount so provided shall not exceed 10 percent of the total amount of assessments to be levied under the proceedings. (Amended by Stats. 1989, Ch. 104, Sec. 25.) - 8881. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
If a special reserve fund is created for a bond issue, the assessment on a parcel must be reduced when the assessment is paid in whole or in part under specified payment provisions.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8881. Where a special reserve fund is created for a bond issue, the assessment levied on any parcel for the payment of the bond issue shall be reduced upon the payment, in whole or in part, of the assessment pursuant to provisions for either (1) cash payments of assessments prior to the issuance of the bonds or (2) advance payment of assessments following the issuance of the bonds. The proportional reduction on the assessment shall equal the ratio of the total amount initially provided for the special reserve fund to the total amount originally assessed in the proceedings for the bond issue. (Added by Stats. 1979, Ch. 149.) - 8882. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
Bond sale proceeds allocated to the special reserve fund must be transferred to that fund after receipt.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8882. Upon receipt of the bond sale proceeds, the amount so provided for the special reserve fund pursuant to Section 8880 shall be transferred to the fund. The special reserve fund shall be identified by the name of the proceedings under which the bonds are issued and shall constitute a trust fund for the benefit of the bondholders, subject to and to be administered in accordance with the provisions of this part. (Amended by Stats. 1981, Ch. 378, Sec. 1. Effective September 9, 1981.) - 8883. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
Money in the special reserve fund may be transferred to the redemption fund for the bonds, and the amount advanced must be reimbursed from sale or redemption proceeds of the parcel.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8883. The money in the special reserve fund shall be available for transfer into the redemption fund for the bonds pursuant to Part 13 (commencing with Section 8800). The amount so advanced shall be reimbursed from the proceeds of redemption or sale of the parcel for which payment of delinquent installments was made from the special reserve fund. (Amended by Stats. 1981, Ch. 378, Sec. 2. Effective September 9, 1981.) - 8884. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
When an assessment has been paid off after bonds are issued, an amount equal to the assessment reduction must be transferred from the special reserve fund to the redemption fund.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8884. Whenever an assessment is paid off following the issuance of bonds, there shall be transferred, from the special reserve fund to the redemption fund, an amount equal to the reduction in the assessment determined pursuant to Section 8881. (Added by Stats. 1979, Ch. 149.) - 8885. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
If the special reserve fund is enough to retire all outstanding bonds, assessment collections stop and the fund is used to retire the bonds. Any surplus is paid to parcel owners, unless the surplus is $1,000 or less, in which case it may be transferred to the general fund of the entity conducting the proceedings.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8885. Whenever the balance in the special reserve fund is sufficient to retire all remaining outstanding bonds in the issue, whether by advance retirement or otherwise, collection of the principal and interest on the assessments shall be discontinued and the special reserve fund shall be liquidated in retirement of the bonds. In the event that the balance in the fund at the time of liquidation exceeds the amount required to retire all outstanding bonds in the issue, the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the reserve fund was sufficient to retire all outstanding bonds in the issue. The payments shall be made in cash to the respective owners of the parcels except that, if the excess is not greater than one thousand dollars ($1,000), the excess may be transferred to the general fund of the entity conducting the proceedings. (Amended by Stats. 1981, Ch. 378, Sec. 3. Effective September 9, 1981.) - 8886. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
The special reserve fund may be temporarily invested in authorized investments, but the investments’ maturities must not be later than when the money may be needed for the redemption fund.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8886. Money in the special reserve fund may be temporarily invested in any authorized investments pursuant to Article 1 (commencing with Section 53600) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, or in any authorized investments pursuant to law in the case of money resulting from assessments levied for bonds authorized to be issued after the effective date of the amendments to this section enacted during the 1981–82 Regular Session of the Legislature, provided that the maturities thereof shall not be later than the date on which the money may be required for the redemption fund pursuant to this part. Any income realized from such investments shall be credited to the special reserve fund, and any loss or expense resulting from such investment shall be charged to that fund. (Amended by Stats. 1981, Ch. 378, Sec. 4. Effective September 9, 1981.) - 8887. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. )
The legislative body may adopt a pre-issuance resolution allowing special reserve fund money, including investment income, to be used for specified bond-related purposes.
## Streets and Highways Code - SHC ## DIVISION 10. THE IMPROVEMENT BOND ACT OF 1915 [8500 - 8887] ( Division 10 added by Stats. 1941, Ch. 79. ) ## PART 16. SPECIAL SECURITY FUND [8880 - 8887] ( Part 16 added by Stats. 1979, Ch. 149. ) ## 8887. Notwithstanding any other provision in this part, for the purposes of (1) assuring that the bonds to be issued will not become arbitrage bonds as defined in the Internal Revenue Code of 1954 (Title 26 of the United States Code) and regulations promulgated thereunder by the Department of Treasury, and (2) providing for reduction of the amount of money in the special reserve fund during the term of the bonds, the legislative body may, by resolution adopted prior to the issuance of bonds under this division, provide that money in the special reserve fund, including investment income, shall be used, in the amounts and at the times as the legislative body may determine, for either or both of the following: (a) Credit upon the assessment in the manner provided in Section 10427.1. (b) Transfer to the redemption fund for advance retirement of the bonds pursuant to this division. The resolution may specify the terms and conditions, as the legislative body may determine to be reasonable, with respect to its authorization of either or both of the uses. (Added by Stats. 1981, Ch. 378, Sec. 5. Effective September 9, 1981.) - 889. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. )
This section names the article and allows it to be cited as the California Bicycle Routes of National, State, or Regional Significance Act.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. ) ## 889. This article shall be known and may be cited as the California Bicycle Routes of National, State, or Regional Significance Act. (Added by Stats. 2009, Ch. 396, Sec. 2. (AB 1464) Effective January 1, 2010.) - 889.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. )
The department may set up a process to identify and promote qualifying bicycle routes and may create related criteria, committees, and nomination procedures.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. ) ## 889.1. (a) The department may establish a process for identifying and promoting bicycle routes of national, state, or regional significance that meet specified criteria. (b) In designating routes, the department may consider the following: (1) Historic routes. (2) Established training routes or other designated routes, including legs of the Tour of California. (3) Routes of unique scenic significance. (c) In identifying bicycle routes of national, state, or regional significance, the department may work with the California Travel and Tourism Commission, the Department of Parks and Recreation, federal agencies that operate and maintain roadways for public use, statewide trade organizations, including the California Chamber of Commerce and the California Bicycle Coalition, local tourism entities, chambers of commerce, and local bicycle organizations. (d) The department may form an advisory committee to help implement the provisions of this section. The department may establish a process whereby organizations, including, but not limited to, local bicycle organizations, private entities, or local or state governmental entities may nominate a route for inclusion in the system of bicycle routes of national, state, or regional significance. (e) The department may develop criteria for the design, placement, and installation of signs relative to bicycle routes of national, state, or regional significance. (f) It is the intent of the Legislature that city or county participation in establishing local routes of significance under this article shall be voluntary, similar to the State Scenic Highway Program. (Added by Stats. 2009, Ch. 396, Sec. 2. (AB 1464) Effective January 1, 2010.) - 889.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. )
The department may install bicycle route signs for nationally, statewide, or regionally significant routes on the state highway system, and must do so when a city or county requests it and reimburses the department.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 2.5. California Bicycle Routes of National, State, or Regional Significance [889 - 889.2] ( Article 2.5 added by Stats. 2009, Ch. 396, Sec. 2. ) ## 889.2. (a) The department may install bicycle route signs, identifying bicycle routes of national, state, or regional significance, that are associated only with the state highway system, which includes state highways, United States highways, and interstate freeways, and state-financed public transportation systems. The physical placement of bicycle route signs on all other roads and transit systems shall be left to the appropriate local jurisdiction. However, when requested by a city or county and reimbursed, the department shall place bicycle route signs on the state highway system and state-financed public transportation systems that direct traffic to bicycle routes on city or county roads. (b) Bicycle route signs shall meet the standards and specifications established pursuant to Section 21400 of the Vehicle Code. (c) The cost to purchase, erect, and maintain bicycle route signs may be paid by applicants or nominating entities, as determined by the department. These costs may be reimbursed to the department at their actual cost, including administrative expenses. (Added by Stats. 2009, Ch. 396, Sec. 2. (AB 1464) Effective January 1, 2010.) - 890. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
The Legislature states its intent to establish a bicycle transportation system.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890. It is the intent of the Legislature, in enacting this article, to establish a bicycle transportation system. It is the further intent of the Legislature that this transportation system shall be designed and developed to achieve the functional commuting needs of the employee, student, business person, and shopper as the foremost consideration in route selection, to have the physical safety of the bicyclist and bicyclist’s property as a major planning component, and to have the capacity to accommodate bicyclists of all ages and skills. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 890.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
This section defines “bicycle” for the chapter.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890.2. As used in this chapter, “bicycle” means a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having either two or three wheels in a tandem or tricycle arrangement. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 890.3. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
This section defines “bicycle commuter” as someone riding a bicycle mainly for transportation, such as going to work, school, shopping, or another destination.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890.3. As used in this article, “bicycle commuter” means a person making a trip by bicycle primarily for transportation purposes, including, but not limited to, travel to work, school, shopping, or other destination that is a center of activity, and does not include a trip by bicycle primarily for physical exercise or recreation without such a destination. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 890.4. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
This section defines “bikeway” and divides bikeways into four classes.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890.4. As used in this article, “bikeway” means all facilities that provide primarily for, and promote, bicycle travel. For purposes of this article, bikeways shall be categorized as follows: (a) Bike paths or shared use paths, also referred to as “Class I bikeways,” which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. (b) Bike lanes, also referred to as “Class II bikeways,” which provide a restricted right-of-way designated for the exclusive or semiexclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. (c) Bike routes, also referred to as “Class III bikeways,” which provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. (d) Cycle tracks or separated bikeways, also referred to as “Class IV bikeways,” which promote active transportation and provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. (Amended by Stats. 2015, Ch. 451, Sec. 17. (SB 491) Effective January 1, 2016.) - 890.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
The department must set minimum safety design criteria for bikeways and bicycle-permitted roadways, publish them by January 1, 2016, and update them at least every two years or more often if needed.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890.6. (a) The department, in cooperation with county and city governments, shall establish minimum safety design criteria for the planning and construction of each type of bikeway identified in Section 890.4 and roadways where bicycle travel is permitted. (b) The criteria shall include, but not be limited to, the design speed of the facility, minimum widths and clearances, grade, radius of curvature, pavement surface, actuation of automatic traffic control devices, drainage, and general safety, with consideration for the safety of vulnerable populations, such as children, seniors, persons with impaired vision, and persons of limited mobility. The criteria shall be published by January 1, 2016, and updated biennially, or more often, as needed. (c) The criteria shall be established in consultation with the existing advisory committee of the department dedicated to improving access for persons with disabilities. (Amended by Stats. 2014, Ch. 495, Sec. 4. (AB 1193) Effective January 1, 2015.) - 890.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
The department must establish uniform signs, markers, and traffic control device specifications for bikeways.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 890.8. The department shall establish uniform specifications and symbols for signs, markers, and traffic control devices to designate bikeways, regulate traffic, improve safety and convenience for bicyclists, and alert pedestrians and motorists of the presence of bicyclists on bikeways and on roadways where bicycle travel is permitted. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 891. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
Local agencies managing bikeways or roadways with bicycle travel must use the required safety design criteria and standard signs and markings, unless they qualify for the listed alternative-criteria process.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891. (a) All city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted shall utilize the minimum safety design criteria established pursuant to Section 890.6, except as provided in subdivision (b), and shall utilize the uniform specifications and symbols for signs, markers, and traffic control devices established pursuant to Section 890.8. (b) An agency may utilize minimum safety design criteria other than those established by Section 890.6 if all of the following conditions are met: (1) The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway and surrounding environs. (2) The alternative criteria, or the description of the project with reference to the alternative criteria, are adopted by resolution at a public meeting, after having provided proper notice of the public meeting and opportunity for public comment. (3) The alternative criteria adhere to guidelines established by a national association of public agency transportation officials. (Amended by Stats. 2014, Ch. 495, Sec. 5. (AB 1193) Effective January 1, 2015.) - 891.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
A city or county may prepare a bicycle transportation plan, and if it does, the plan must include specified elements.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891.2. A city or county may prepare a bicycle transportation plan, which shall include, but not be limited to, the following elements: (a) The estimated number of existing bicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the plan. (b) A map and description of existing and proposed land use and settlement patterns which shall include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, and major employment centers. (c) A map and description of existing and proposed bikeways. (d) A map and description of existing and proposed end-of-trip bicycle parking facilities. These shall include, but not be limited to, parking at schools, shopping centers, public buildings, and major employment centers. (e) A map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These shall include, but not be limited to, parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels. (f) A map and description of existing and proposed facilities for changing and storing clothes and equipment. These shall include, but not be limited to, locker, restroom, and shower facilities near bicycle parking facilities. (g) A description of bicycle safety and education programs conducted in the area included within the plan, efforts by the law enforcement agency having primary traffic law enforcement responsibility in the area to enforce provisions of the Vehicle Code pertaining to bicycle operation, and the resulting effect on accidents involving bicyclists. (h) A description of the extent of citizen and community involvement in development of the plan, including, but not limited to, letters of support. (i) A description of how the bicycle transportation plan has been coordinated and is consistent with other local or regional transportation, air quality, or energy conservation plans, including, but not limited to, programs that provide incentives for bicycle commuting. (j) A description of the projects proposed in the plan and a listing of their priorities for implementation. (k) A description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 891.4. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
Cities or counties with a bicycle transportation plan may submit it for approval and seek funding; the department may award matching funds if the applicant provides 10% of project cost.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891.4. (a) A city or county that has prepared a bicycle transportation plan pursuant to Section 891.2 may submit the plan to the county transportation commission or transportation planning agency for approval. The city or county may submit an approved plan to the department in connection with an application for funds for bikeways and related facilities which will implement the plan. If the bicycle transportation plan is prepared, and the facilities are proposed to be constructed, by a local agency other than a city or county, the city or county may submit the plan for approval and apply for funds on behalf of that local agency. (b) The department may grant funds applied for pursuant to subdivision (a) on a matching basis which provides for the applicant’s furnishing of funding for 10 percent of the total cost of constructing the proposed bikeways and related facilities. The funds may be used, where feasible, to apply for and match federal grants or loans. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 891.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
The Sacramento Area Council of Governments may purchase, operate, and maintain callboxes on class 1 bikeways, subject to Section 2551(d).
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891.5. The Sacramento Area Council of Governments, pursuant to subdivision (d) of Section 2551, may purchase, operate, and maintain callboxes on class 1 bikeways. (Added by Stats. 1999, Ch. 262, Sec. 1. Effective January 1, 2000.) - 891.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
A city, county, or local agency governing body may establish bikeways and acquire land, property interests, easements, or rights-of-way for them.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891.8. The governing body of a city, county, or local agency may do all of the following: (a) Establish bikeways. (b) Acquire, by gift, purchase, or condemnation, land, real property, easements, or rights-of-way to establish bikeways. (c) Establish bikeways pursuant to Section 21207 of the Vehicle Code. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 891.9. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
An agency that develops or operates bikeways or highways where bicycle travel is allowed must not install a new sharrow on a highway with a posted speed limit over 30 miles per hour, except near an intersection to connect certain bikeways through the intersection.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 891.9. (a) On and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted shall not install a new sharrow on a highway that has a posted speed limit greater than 30 miles per hour, except at or near an intersection for the purpose of connecting a Class I, Class II, or Class IV bikeway through the intersection. (b) For purposes of this section, “sharrow” means the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8. (Added by Stats. 2024, Ch. 788, Sec. 1. (SB 1216) Effective January 1, 2025.) - 892. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. )
Some rights-of-way cannot be abandoned unless they are not useful for nonmotorized transportation, and the department must consult local agencies before abandoning a state highway right-of-way.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 3. California Bicycle Transportation Act [890 - 892] ( Article 3 added by Stats. 1993, Ch. 517, Sec. 2. ) ## 892. (a) Rights-of-way established for other purposes by cities, counties, or local agencies shall not be abandoned unless the governing body determines that the rights-of-way or parts thereof are not useful as a nonmotorized transportation facility. (b) No state highway right-of-way shall be abandoned until the department first consults with the local agencies having jurisdiction over the areas concerned to determine whether the right-of-way or part thereof could be developed as a nonmotorized transportation facility. If an affirmative determination is made, before abandoning the right-of-way, the department shall first make the property available to local agencies for development as nonmotorized transportation facilities in accordance with Sections 104.15 and 887.6 of this code and Section 14012 of the Government Code. (Added by Stats. 1993, Ch. 517, Sec. 2. Effective January 1, 1994.) - 893. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 4. Electric Bicycle Safety and Training [893 - 894] ( Article 4 added by Stats. 2022, Ch. 147, Sec. 1. )
This section says that, in this article, “electric bicycle” means the definition found in Vehicle Code Section 312.5.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 4. Electric Bicycle Safety and Training [893 - 894] ( Article 4 added by Stats. 2022, Ch. 147, Sec. 1. ) ## 893. As used in this article, “electric bicycle” has the meaning provided in Section 312.5 of the Vehicle Code. (Added by Stats. 2022, Ch. 147, Sec. 1. (AB 1946) Effective January 1, 2023.) - 894. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 4. Electric Bicycle Safety and Training [893 - 894] ( Article 4 added by Stats. 2022, Ch. 147, Sec. 1. )
The California Highway Patrol must develop and post statewide electric bicycle safety and training programs by September 1, 2023.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Nonmotorized Transportation [885 - 894] ( Chapter 8 added by Stats. 1993, Ch. 517, Sec. 2. ) ## ARTICLE 4. Electric Bicycle Safety and Training [893 - 894] ( Article 4 added by Stats. 2022, Ch. 147, Sec. 1. ) ## 894. (a) The Department of the California Highway Patrol shall develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. (b) The safety and training programs shall be developed in collaboration with relevant stakeholders. (c) The safety and training programs shall be posted on the internet website of the Department of the California Highway Patrol on or before September 1, 2023. (Amended by Stats. 2023, Ch. 131, Sec. 213. (AB 1754) Effective January 1, 2024.) - 895. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )
The department may acquire certain nearby property for scenic highway purposes if federal reimbursement funds are available, but it may not use eminent domain to take occupied commercial buildings or dwellings.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 895. If federal funds are available for reimbursement therefor, the department may acquire, either in fee or in any lesser estate or interest, real property adjacent to any highway included in the national system of interstate and defense highways or the federal-aid primary highway system, which the department considers necessary for the preservation, maintenance or conservation of scenic lands or areas adjacent to such highways or which it considers necessary to preserve, improve or enhance the scenic beauty of or points of interest in the lands or areas traversed by such highways. Nothing in this section shall authorize the use of eminent domain to acquire any dwelling or any building or other enclosure, and the appurtenances thereto, in which commercial activities are conducted. (Added by Stats. 1966, 1st Ex. Sess., Ch. 125.) - 896. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )
The Legislature declares that acquiring real property interests to preserve scenic lands or areas near certain highways is a public use and purpose.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 896. The Legislature hereby declares that the acquisition of interests in real property for the preservation, maintenance or conservation of scenic lands or areas adjacent to any highway included in the national system of interstate and defense highways or the federal-aid primary highway system or to preserve, improve or enhance the natural beauty of points of interest in the lands or areas traversed by such highways provided for in Section 895 constitutes a public use and purpose. (Added by Stats. 1966, 1st Ex. Sess., Ch. 125.) - 897. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. )
The department may convey or lease certain property back to the original owner or another person or entity if the commission approves the arrangements and the terms preserve the scenic character or beauty of the highway area.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Scenic Areas [895 - 897] ( Chapter 9 added by Stats. 1966, 1st Ex. Sess., Ch. 125. ) ## 897. The department may convey or lease such property back to its original owner or to another person or entity in the manner and subject to such reservations, conditions, covenants or other contractual arrangements approved by the commission as will preserve the scenic character or beauty of the area traversed by the highway. (Added by Stats. 1966, 1st Ex. Sess., Ch. 125.) - 9. Verify source ↗
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )
Cross-references to this code or any other law include amendments and additions.
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 9. Whenever any reference is made to any portion of this code or of any other law, such reference shall apply to all amendments and additions thereto. (Enacted by Stats. 1935, Ch. 29.) - 90. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department controls state highways and related property, and must lay out and construct state highways where the law and commission تعیین the route and locations.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 90. The department shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission. (Amended by Stats. 1965, Ch. 1018.) - 90.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must run a recruitment and incentive program for highway engineer positions, and the director may use salary and student-loan incentives within stated limits.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 90.1. The powers and duties enumerated in this section are intended to give the department broader authority to recruit and retain qualified civil engineers. (a) The department shall develop and implement a recruitment and incentive program for highway engineer positions which may include, but not be limited to, participation by the department in the repayment of student loans of persons recruited through the program. The department shall not expend more than one hundred twenty-five thousand dollars ($125,000) annually to develop and implement the student loan program, which may be paid from funds available to the department from the State Highway Account. (b) The department shall determine the number of engineers needed in each of its 12 transportation districts and shall recruit engineers based on the personnel-year needs in each of the districts. (c) In order to achieve the recruiting goal specified in subdivision (b), the director may offer salaries to prospective employees at any pay level above the lowest salary step, not to exceed the maximum of the range for which that person is qualified. Salaries of existing employees with similar qualifications in the same transportation district shall be increased to that level. (d) To encourage registration, persons employed in the department’s civil engineering entry level classification shall be eligible to advance to a higher salary range within the appropriate classification, as specified in the agreement entered into by the department and Professional Engineers in California Government on May 3, 1991. Movement within this range remains subject to performance criteria. (e) The department shall provide training or reimbursement for departmental approved training and related expenses to prepare employees for engineering license and certificate examinations. This training shall include, but is not limited to, preparation for civil engineering, land surveying, or landscape architect license examinations, and engineer-in-training or land surveyor-in-training certificate examinations. Employees shall be allowed time off without loss of compensation to attend departmental approved training or educational preparation for those licenses and certificates. (f) The director may offer student loans of up to five thousand dollars ($5,000) per student for tuition, room, board, and expenses directly related to school attendance, to students enrolled in land surveying or Accreditation Board for Engineering and Technology (ABET) certified structural and civil engineering curriculums. While these loans are intended to help recruit new engineers into the department, the director is not precluded from offering student loans to permanent state employees, at the discretion of the director. The student or employee shall be obligated to repay the entire loan to the department. However, for the first two years the employee works for the department, or the first two additional years an employee agrees to stay with the department, five hundred dollars ($500) of the loan shall be forgiven. For every additional year of employment after the first two or additional two years, one thousand dollars ($1,000) of the loan shall be forgiven. If the employee voluntarily leaves the employment of the department prior to the entire loan being forgiven, the employee shall pay the remaining portion of the loan in accordance with a proportionate repayment policy adopted by the director. Criteria shall be established by the director to administer this program. (g) The complexity of the department’s engineering work and the level of responsibility imposed on the department’s engineering staff have increased significantly. For example, engineering oversight for projects funded from sources such as county tax measures for transportation and the contracting out for basic engineering services have significantly increased that complexity and level of responsibility. To reflect this increase in complexity and level of responsibility, the first level of supervision for engineering positions shall be as specified in the agreement entered into by the department and Professional Engineers in California Government on May 3, 1991. (Amended by Stats. 1991, Ch. 305, Sec. 1. Effective August 2, 1991.) - 900. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
Boards of supervisors may exercise the authority given by this division, but only subject to this division or other law, and generally only for highways within their own counties.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 900. The authority conferred upon boards of supervisors by this division shall be exercised subject to such limitations and restrictions as are prescribed by this division or by other provisions of law, shall be in addition to any authority elsewhere conferred, and, except as otherwise expressly provided, shall be exercised only in relation to highways within their respective counties. (Enacted by Stats. 1935, Ch. 29.) - 9000. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
This section declares refunding these bonds to be an important state policy and grants authority to impose and enforce reassessments on certain lands and to carry out related necessary acts.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9000. The refunding of bonds issued under the “Improvement Bond Act of 1915” so as to restore property to the tax rolls and make it available for development is declared to be an important policy of this State and all necessary authority, power, and jurisdiction to impose a valid reassessment upon lands deeded to the State or to any city therein for delinquent taxes or for delinquent taxes and assessments, and to enforce the lien of such reassessment is hereby granted, and any and all acts and proceedings of every kind and nature necessary for the levy of the valid reassessment and for the enforcement of the lien of such reassessment are hereby authorized. (Added by Stats. 1951, Ch. 463.) - 9001. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
A city’s legislative body may refund certain bonds and may arrange for assessment liens, levies, collections, and reassessments to pay them, subject to this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9001. The legislative body of any city in this State may refund bonds issued under the “Improvement Bond Act of 1915,” under and subject to the provisions of this division, and may provide for the extension of the liens of assessments and the levy and collection of assessments and reassessments to pay such bonds. (Added by Stats. 1951, Ch. 463.) - 9002. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
Original bonds and assessments stay in effect until replaced by valid reassessments and refunding bonds; the city then becomes liable to pay the refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9002. It is the intention of this division that the original bonds and the original assessments shall remain in full force and effect until superseded and supplanted by reassessments and refunding bonds validly and legally issued, upon which the city is validly subject to the liability to pay the refunding bonds. (Added by Stats. 1951, Ch. 463.) - 9003. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
Actions or determinations needed or convenient for reassessment or refunding proceedings are authorized even if not expressly stated in this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9003. Any action or determination made necessary by reason of constitutional requirements or otherwise, or any action or determination which is convenient in the making of the reassessment, or in the refunding and reassessment proceedings, which is not expressly set forth in this division is hereby authorized and the same when made shall be valid and sufficient. (Added by Stats. 1951, Ch. 463.) - 9004. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
Any city may hire a qualified person to do work authorized by this division or related to refunding eligible indebtedness.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9004. Any city may employ any qualified person to perform any work provided for or authorized by this division or in connection with the refunding of any indebtedness authorized to be refunded under this division. (Added by Stats. 1951, Ch. 463.) - 9005. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
The city where the district lies must pay the incidental expenses of any refunding and reassessment authorized by this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9005. The incidental expenses of any refunding and reassessment authorized by this division shall be paid by the city in which the district lies. (Added by Stats. 1951, Ch. 463.) - 9006. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
When proceedings are commenced under this division, only this division’s provisions apply.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9006. When proceedings are commenced under this division, the provisions of this division only shall apply thereto. (Added by Stats. 1951, Ch. 463.) - 9007. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
This section says the division is an alternative system for refunding bonds and does not affect other existing or future acts on the same subject matter or proceedings under them.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9007. This division does not affect any other act or acts now existing or which may hereafter be passed covering the same subject matter, nor apply to any proceedings thereunder, but is intended to and does provide an alternative system for the refunding of bonds. (Added by Stats. 1951, Ch. 463.) - 9008. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
Remedies for enforcing a reassessment under this division are not exclusive, and additional remedies may be provided.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9008. The remedies provided for the enforcement of any reassessment levied under the provisions of this division are not exclusive and additional remedies may be provided at any time. (Added by Stats. 1951, Ch. 463.) - 9009. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
The division’s curative clauses are cumulative and each must be given full force and effect.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9009. The curative clauses of this division are cumulative and each of them is to be given full force and effect. (Added by Stats. 1951, Ch. 463.) - 901. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
County highways continue to be county highways unless they are abandoned in one of the ways named in this section.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 901. All county highways, once established, shall continue to be county highways until abandoned by order of the board of supervisors of the county in which such highways are situated, by operation of law, or by judgment of a court of competent jurisdiction. No county highway laid out by the board of supervisors as provided in this division, or used and worked as provided in this division, shall be abandoned or cease to be a county highway except as prescribed in this section. (Enacted by Stats. 1935, Ch. 29.) - 9010. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
This division must be interpreted liberally so its purposes can be effective.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9010. This division and all of its provisions shall be liberally construed, to the end that the purposes thereof may be made effective. (Added by Stats. 1951, Ch. 463.) - 9011. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
If enough property owners give written consent, any city may file a petition and take bankruptcy-related or debt readjustment steps for the refunding process.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9011. Whenever the requisite number of property owners have filed their written consent to the refunding and reassessment under this division, any city may perform any of the following acts: (a) File a petition and take all steps and proceedings required, permitted, or authorized under any bankruptcy law of the United States, or bring any action or proceeding authorized under the powers of any court for the composition or readjustment of the indebtedness to be refunded. (Added by Stats. 1951, Ch. 463.) - 9012. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
In certain foreclosure or quiet title actions, the State of California may be named as a defendant, and service on the Attorney General is enough service of process.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9012. In any action to foreclose or in any action to quiet title brought by the purchaser at a sale for delinquency under this division, or by his successor in interest, the State of California may be made a party defendant, and in that event it shall be sufficient service of process to serve the Attorney General. (Added by Stats. 1951, Ch. 463.) - 9013. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
If there is a foreclosure or quiet title action, process must be served on the same person or persons as in other suits against the city.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9013. In the event of foreclosure or action to quiet title process shall be served upon the same person or persons as in other cases of suits against the city. (Added by Stats. 1951, Ch. 463.) - 9014. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. )
A purchaser at the listed sale types takes the property subject to unpaid installments, interest, and penalties in the same proceeding.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9000 - 9014] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9014. The purchaser, whether at tax collector’s sale or at resale by the city in the event of the city having become the purchaser, or at foreclosure sale by order of court, takes the property subject to all unpaid installments, interest and penalties under the same proceeding. (Added by Stats. 1951, Ch. 463.) - 9015. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
The definitions in this article apply to this division unless a particular provision or the context requires otherwise.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9015. Unless the particular provision or the context otherwise requires, the definitions contained in this article shall govern the construction of this division. (Added by Stats. 1951, Ch. 463.) - 9016. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
Terms in this division that refer to municipal officers and matters must be read as referring to the corresponding county officers and matters.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9016. All words in this division relating to municipal officers and matters shall be construed as referring to the corresponding county officers and matters under this division. (Added by Stats. 1951, Ch. 463.) - 9017. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
“Auditor” is defined differently for counties and cities.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9017. “Auditor” means: (a) When used with reference to a county, the county auditor. (b) When used with reference to a city, any person who, under whatever name or title, is charged with the duty of extending taxes upon the assessment rolls and lists. (Added by Stats. 1951, Ch. 463.) - 9018. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “City” to include counties, cities and counties, and corporations organized for municipal purposes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9018. “City” includes counties, cities and counties, and all corporations organized and existing for municipal purposes. (Added by Stats. 1951, Ch. 463.) - 9019. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “Clerk” differently for counties and cities.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9019. “Clerk” means: (a) When used with reference to a county, the clerk of the board of supervisors. (b) When used with reference to a city, the person who is or acts as clerk of the legislative body of the city. (Amended by Stats. 2002, Ch. 221, Sec. 129. Effective January 1, 2003.) - 902. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
If a toll trail, toll road, or toll bridge’s franchise has expired by limitation or nonuse, it becomes a free county highway, unless another law says otherwise. Claims against the county for the right of way, land, or materials are not valid.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 902. Except as otherwise provided by law, any toll trail, toll road or toll bridge, for which the franchise has expired by limitation or nonuser, becomes a free county highway. No claim shall be valid against the county for the right of way, or for the land or material comprising such toll trail, toll road or toll bridge. (Enacted by Stats. 1935, Ch. 29.) - 9020. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “legislative body” for counties and cities.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9020. “Legislative body” means: (a) When used with reference to a county, the board of supervisors. (b) When used with reference to a city, the body which by law constitutes the legislative department of the government of the city. (Added by Stats. 1951, Ch. 463.) - 9021. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
“Parcel” means a lot, piece, parcel, or tract of land.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9021. “Parcel” means lot, piece, parcel, or tract of land. (Added by Stats. 1951, Ch. 463.) - 9022. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
For county matters, “street superintendent” or “superintendent of streets” means the county surveyor, or another competent county officer appointed by the board of supervisors to do that job.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9022. As used with reference to a county, “street superintendent” or “superintendent of streets” means the county surveyor or such other competent county officer as may be appointed by the board of supervisors to perform the duties imposed upon the street superintendent. (Added by Stats. 1951, Ch. 463.) - 9023. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “tax collector.”
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9023. “Tax collector” means any person who, under whatever name or title, is charged with the duty of collecting taxes, advertising delinquent lists of unpaid taxes, selling lands thereunder and executing certificates of sale and deeds thereon. (Added by Stats. 1951, Ch. 463.) - 9024. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “tax-deeded lands” as parcels whose assessment secures the bonds being refunded and that have been deeded to the State for delinquent taxes or delinquent taxes and assessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9024. “Tax-deeded lands” are parcels of land, the assessment upon which is security for the outstanding bonds to be refunded, which have been deeded to the State for delinquent taxes or delinquent taxes and assessments. (Added by Stats. 1951, Ch. 463.) - 9025. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. )
This section defines “Treasurer” as the county treasurer for a county and the city treasurer for a city.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9025] ( Chapter 1 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Definitions [9015 - 9025] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9025. “Treasurer” means: (a) When used with reference to a county, the county treasurer. (b) When used with reference to a city, the city treasurer. (Added by Stats. 1951, Ch. 463.) - 903. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
After one year from a supervisors’ order opening a highway over land, the county acquires title to that land under the order’s terms.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 903. After one year from the making of an order by a board of supervisors, pursuant to this division, opening a highway over any land, the county acquires title to the land in accordance with the terms of the order. (Amended by Stats. 1961, Ch. 1788.) - 904. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
A route of travel over someone else’s land does not become a county highway just because people use it.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 904. No route of travel used by one or more persons over another’s land shall become a county highway by use. (Enacted by Stats. 1935, Ch. 29.) - 9050. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Authority to Refund [9050- 9050.] ( Article 1 added by Stats. 1951, Ch. 463. )
A city legislative body may, by resolution, decide to refund certain overdue and unpaid bonds and declare that intention.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Authority to Refund [9050- 9050.] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9050. Whenever any principal or interest of any issue of bonds issued under the “Improvement Bond Act of 1915” is past due and unpaid because of delinquency in the payment of assessments, the legislative body of the city in which the property assessed lies may determine by resolution that the public interest or necessity requires the refunding of such issue of bonds, and declare its intention to refund the bonds. (Added by Stats. 1951, Ch. 463.) - 9055. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
The legislative body may make written contracts with bond owners to cancel outstanding bonds and coupons and issue refunding bonds, if allowed by this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9055. The legislative body may enter into a written contract or contracts with the owner or owners of such bonds and provide therein for the cancellation of the outstanding bonds and coupons and the issuance of refunding bonds therefor, subject to the provisions of this division. (Added by Stats. 1951, Ch. 463.) - 9056. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
If a bond is presented to the legislative body for refunding, the presenter is deemed the owner, and the legislative body may make a written contract to refund the bond.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9056. When any bond is presented by any person to the legislative body for refunding, such person shall be deemed the owner thereof, and the legislative body may enter into a written contract or contracts to provide for the refunding of the bond. (Added by Stats. 1951, Ch. 463.) - 9057. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
The contract or contracts must set the terms and conditions for exchanging outstanding bonds for refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9057. The contract or contracts shall determine the terms and conditions upon which the outstanding bonds shall be exchanged for the refunding bonds. (Added by Stats. 1951, Ch. 463.) - 9058. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
Refunded bonds may be deposited with the city treasurer or a duly incorporated bank or trust company, if the city and bondholders designate that depository by contract.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9058. The bonds to be refunded may be deposited with the city treasurer or with any duly incorporated bank or trust company doing business in the State, which shall act as depository or escrow holder, as may be designated by contract between the city and the bondholders. The terms of the escrow shall be provided in the contract. (Added by Stats. 1951, Ch. 463.) - 9059. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
Certain public entities that own bonds eligible for refunding may take the actions needed to refund them and may agree to and contract for the refunding.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9059. The State of California or any city, county, or other political subdivision or public corporation, owning any bonds which might be refunded under the provisions of this division may perform all acts and do all things necessary or convenient for the refunding of the bonds under this division and may agree that the bonds be refunded under this division and contract for the refunding. (Added by Stats. 1951, Ch. 463.) - 906. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
County highways must generally be at least 40 feet wide, with exceptions for certain sections and for older highways, and a county board of supervisors may authorize a narrower highway by unanimous resolution.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 906. The width of all county highways, other than bridges, alleys, lanes, and trails, shall be at least 40 feet, except as provided by Sections 906.5 and 969 and except that the board of supervisors of any county may, by a resolution passed by a unanimous vote of its members, determine that the public convenience and necessity demand the maintenance of a highway of less than 40 feet and may after such determination proceed with the maintenance of any such highway. This section shall not increase or diminish the width of any county highway established, dedicated, and maintained as such prior to January 1, 1945. (Amended by Stats. 1978, Ch. 68.) - 906.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
If county highway work is under a bid-advertised contract after July 1, 1973, the board of supervisors must install only grates that are not hazardous to bicycle riders on highway surfaces where bicycles are allowed.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 906.5. On construction under a contract advertised for bids after July 1, 1973, the board of supervisors shall install on the surface of county highways upon which the operation of bicycles is permitted only those types of grates which are not hazardous to bicycle riders. (Added by Stats. 1972, Ch. 1272.) - 906.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
A county may maintain a highway under 40 feet wide if all maintenance costs are paid by a maintenance district.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 906.6. Notwithstanding Section 906, a county may maintain a highway of less than 40 feet in width if all the cost of maintenance thereof is paid for by a maintenance district created pursuant to Chapter 26 (commencing with Section 5820) of Part 3 of Division 1. (Added by renumbering Section 906.5 (as added by Stats. 1978, Ch. 68) by Stats. 1979, Ch. 373.) - 9060. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
The city may make additional contracts before the refunding bonds are actually issued and exchanged.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9060. The city may at any time prior to the actual issuance and exchange of the refunding bonds make additional contracts with any owners of bonds for the surrender and exchange of bonds which are not agreed to be surrendered under the prior contracts. (Added by Stats. 1951, Ch. 463.) - 9061. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. )
The city may refund all bonds of an issue if owners of at least 75% of the principal amount join in the contract or contracts.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Consent of Bondholders [9055 - 9061] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9061. If the owners of 75 percent or more of the principal amount of the outstanding bonds of any issue join in the contract or contracts, the city may proceed under this division to refund all of the bonds of that issue. (Added by Stats. 1951, Ch. 463.) - 907. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
An owner or occupant of land may build a sidewalk along the county highway next to their land, but only subject to the board of supervisors’ authority under law.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 907. Any owner or occupant of land may construct a sidewalk on the county highway along the line of his land, subject to the authority conferred by law on the board of supervisors. (Amended by Stats. 1972, Ch. 399.) - 9070. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
If at least 75% of outstanding bondholders agree to refund their bonds, the city may refund all bonds in the issue, but it must first set aside enough money to pay the nonconsenting bondholders before recording the reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9070. In the event that the holders of one or more of the outstanding bonds do not enter any contract to refund the same, nevertheless, if the holders of 75 percent or more of the outstanding bonds do contract for the refunding of the bonds owned or held by them the city shall have authority to refund all of the outstanding bonds of said issue under the provisions of this division, but in such event prior to recording the reassessment levied under this division sufficient money to adequately provide for the retirement or payment of the bonds of the nonconsenting holders must be provided and set aside in the proper fund for that purpose. (Added by Stats. 1951, Ch. 463.) - 9071. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
A city conducting refunding proceedings may advance or contribute money to pay or retire nonconsenting bondholders’ bonds, and may reimburse itself by taking refunding bonds at par.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9071. The city which is conducting the refunding proceedings may make an advancement or contribution or an additional contribution in order to provide money to pay or retire the bonds of the nonconsenting holders. In the event the city makes all or any part of such advancement it may reimburse itself entirely or partially by taking all or any part of the refunding bonds at par. (Added by Stats. 1951, Ch. 463.) - 9072. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
If money is advanced to pay or retire nonconsenting bondholders’ bonds, the legislative body may deliver or sell certain refunding bonds at par and may contract to do so.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9072. If any person advances money to provide for the payment or retirement of the bonds of nonconsenting holders the legislative body may deliver at par all or any portion of the refunding bonds which are not to be delivered to consenting bondholders to the person making such advance or advances, or may sell at par all or any part of the refunding bonds not to be delivered to consenting bondholders and from the proceeds thereof reimburse such person, and may contract to make such sale or delivery. (Added by Stats. 1951, Ch. 463.) - 9073. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
Other methods of raising funds are authorized if they can adequately provide the money needed to pay or retire nonconsenting holders’ bonds before the assessment is recorded.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9073. Any other methods of raising funds for the payment or retirement of the bonds of nonconsenting holders which will, prior to the time the assessment is recorded under this division, adequately provide the money necessary for such payment or retirement is hereby authorized. (Added by Stats. 1951, Ch. 463.) - 9074. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
Money placed in a fund for paying or retiring nonconsenting bondholders’ bonds may be used only for that purpose, and any leftover money must be returned to the city or person that advanced it.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9074. Whenever any money is placed in any fund for the retirement or payment of the bonds of nonconsenting holders such money shall be used only for that purpose. After all of the bonds of the nonconsenting holders have been paid or retired any sum remaining in the fund shall be returned to the city or person which advanced the money. (Added by Stats. 1951, Ch. 463.) - 9075. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
If a court has authorized discharge of certain nonconsenting bondholders’ bonds at less than par value, the legislative body may take the steps needed to carry out that discharge.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9075. In the event that the discharge of the bonds of any nonconsenting holders at less than the par value thereof has been authorized by any final decree or order confirming a plan of readjustment under any bankruptcy laws of the United States in any proceedings initiated under the authority of this division or otherwise the legislative body may perform all acts and do all things necessary for the discharge of the bonds in accordance with the decree or order. (Added by Stats. 1951, Ch. 463.) - 9076. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. )
A reassessment cannot be recorded until enough provision has been made to pay or retire bonds held by nonconsenting holders.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Nonconsenting Bondholders [9070 - 9076] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9076. The reassessment shall not be recorded until adequate provision has been made in accordance with the terms of this article for the payment or retirement of bonds of nonconsenting holders. (Added by Stats. 1951, Ch. 463.) - 908. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
The road commissioner, or a person who has been assigned the road commissioner’s duties, must keep a record of each county highway.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 908. The road commissioner, or the person to whom the duties of the road commissioner have been transferred pursuant to Section 2006.1 or 2006.5, shall maintain a record of each county highway, including its name and a general reference to its terminal points. (Amended by Stats. 1992, Ch. 1020, Sec. 8. Effective January 1, 1993.) - 9080. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Refunding of Two or More Issues [9080 - 9081] ( Article 4 added by Stats. 1951, Ch. 463. )
Two or more bond issues under the Improvement Bond Act of 1915 may be refunded in one proceeding, with only one refunding bond issue issued for that purpose.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Refunding of Two or More Issues [9080 - 9081] ( Article 4 added by Stats. 1951, Ch. 463. ) ## 9080. Two or more issues of bonds issued under the Improvement Bond Act of 1915 may be refunded in one proceeding under this division and only one issue of refunding bonds issued therefor, to be secured by all of the reassessments levied in lieu of the original assessments. (Added by Stats. 1951, Ch. 463.) - 9081. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Refunding of Two or More Issues [9080 - 9081] ( Article 4 added by Stats. 1951, Ch. 463. )
The legislative body conducting the proceedings may refund two or more bond issues in one proceeding and may do the related acts needed for that refunding, so long as they are not prohibited by the U.S. or state Constitution.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 2. Preliminary Proceedings [9050 - 9081] ( Chapter 2 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Refunding of Two or More Issues [9080 - 9081] ( Article 4 added by Stats. 1951, Ch. 463. ) ## 9081. The proceedings for refunding two or more issues of bonds shall follow as nearly as may be the procedure for the refunding of one issue, with such modifications and changes in the resolutions, notices, reassessment list, bonds, auditor’s report, summons, complaints, and all other proceedings as may be necessary or convenient in carrying through the proceedings, and the legislative body conducting the proceedings is hereby granted full jurisdiction, power, and authority to refund two or more issues of bonds issued under the Improvement Bond Act of 1915 in one proceeding under this division and with only one issue of refunding bonds secured by all of the reassessments and to perform all acts, take all steps and proceedings, provide all notices, and do all acts and things necessary or convenient for such refunding and not prohibited by the Constitution of the United States or the Constitution of this State. (Added by Stats. 1951, Ch. 463.) - 909. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. )
A county board of supervisors cannot make an agreement for highway apparatus create a county charge unless the agreement is in writing, signed by the chair, and a certified copy is filed with the clerk.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. General Provisions [900 - 909] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## 909. No agreement entered into by the board of supervisors for the purchase, hire, or rental of any apparatus used in the construction, improvement, or maintenance of highways shall create a charge against the county, unless the agreement complies with all of the following: (a) The agreement is in writing. (b) The writing is signed by the chair of the board of supervisors. (c) A copy of the writing is certified by and filed with the clerk of the board of supervisors. All of these writings and copies are public documents. If a county purchases, hires, or rents any apparatus specified herein pursuant to a local purchasing ordinance, including competitive bidding procedures, it does not have to comply with subdivisions (a), (b), and (c) herein to create a charge against the county. Compliance with the local purchasing ordinance shall be sufficient to create a charge against the county for said purchase, hire, or rental. (Amended by Stats. 2002, Ch. 221, Sec. 121. Effective January 1, 2003.) - 91. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must improve and maintain state highways, including traversable highways adopted or designated as state highways by the commission.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91. The department shall improve and maintain the state highways, including all traversable highways which have been adopted or designated as state highways by the commission, as provided in this code. (Added by Stats. 1947, Ch. 436.) - 91.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must perform and oversee construction inspection services for certain state highway projects, keep safety and convenience protected during permit work, and post notice on its website if a court invalidates the section.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.2. (a) The department shall perform construction inspection services for projects on or interfacing with the state highway system authorized pursuant to Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code. The department shall use department employees or consultants under contract with the department to perform the services described in this subdivision and subdivision (b), consistent with Article XXII of the California Constitution. Construction inspection services performed by the department for those projects include, but are not limited to, material source testing, certification testing, surveying, monitoring of environmental compliance, independent quality control testing and inspection, and quality assurance audits. The construction inspection duties and responsibilities of the department shall include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The senior department engineer responsible for construction inspection services shall be responsible for the acceptance or rejection of the work. (b) Notwithstanding any other law, the department shall retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety is jeopardized on a project on or interfacing with the state highway system authorized pursuant to Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code. The department shall ensure that public safety and convenience is maintained whenever work is performed under an encroachment permit within the state highway right-of-way, including, but not limited to, work performed that includes lane closures, signing, work performed at night, detours, dust control, temporary pavement quality, crash cushions, temporary railings, pavement transitions, falsework, shoring, and delineation. The department shall regularly inspect the job sites for safety compliance and any possible deficiencies. If any deficiency is observed, a written notice shall be sent by the department to the regional transportation agency’s designated resident engineer to correct the deficiency. Once the deficiency is corrected, a written notice describing the resolution of the deficiency shall be sent to the department and documented. (c) The department shall use department employees or consultants under contract with the department to perform the services described in subdivisions (a) and (b), consistent with Article XXII of the California Constitution. Department employee and consultant resources necessary for the performance of those services, including personnel requirements, shall be included in the department’s capital outlay support program for workload purposes in the annual Budget Act. (d) “Construction inspection services” shall not include surveying work performed as part of a design-build contract. (e) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (f) If any provision or application of this section is held invalid by a court of competent jurisdiction, the department shall post on its internet website within 10 business days of the decision of invalidity that this section has been held invalid. (Amended by Stats. 2021, Ch. 212, Sec. 3. (AB 1499) Effective January 1, 2022. Repealed as of January 1, 2034, by its own provisions.) - 91.41. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
This section creates the Clean California Local Grant Program of 2021 and assigns the department to run it, issue grants, and set guidelines.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.41. (a) The Clean California Local Grant Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the Legislature, for the purpose of allocating grants to local and regional public agencies, transit agencies, and tribal governments for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. (b) It is the intent of the Legislature that the program established pursuant to subdivision (a) achieves all of the following goals: (1) Reduce the amount of waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces. (3) Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities. (c) The department shall expedite the award of grants pursuant to this section by issuing a call for projects within six months of the effective date of this section. The department shall announce grant awards within three months following the call for projects. (d) (1) Within six months of the effective date of this section, the department shall develop guidelines, including project selection criteria and program evaluation metrics, to implement the program. The guidelines shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) In developing guidelines pursuant to paragraph (1), the department shall solicit input from local communities through at least two public workshops. (3) The guidelines shall include, but shall not be limited to, all of the following: (A) A process for allocating no less than 50 percent of the program funds to projects that benefit underserved communities. The department shall establish a definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code. A project eligible pursuant to this process shall clearly demonstrate a benefit to an underserved community or be directly located in an underserved community. (B) Requirements for local matching funds of no more than 50 percent of the total project cost. The department may establish a lower percent or zero-match requirement for applicants based on severity of disadvantage. (C) Project selection criteria that includes, but is not limited to, all of the following: (i) The demonstrated need of the applicant to address the goals of the program as described in subdivision (b). (ii) The potential for the project to enhance and beautify a public space or spaces. (iii) The potential for greening to provide shade, reduce the urban heat island effect, and use native, low-water plants. (iv) The potential for abatement of litter and debris that improves access to use of a public space or spaces. (v) Identification of the local public engagement process that culminated in the project proposal and reflects community priorities. (vi) The benefit to underserved communities. (D) Project types eligible for funding pursuant to the program that include, but are not limited to, both of the following: (i) Community litter abatement projects, events, and educational programming. (ii) Greening and landscaping projects. (E) A limit of five million dollars ($5,000,000) maximum per grant awarded pursuant to the program. (F) A prohibition on grants that fund projects that displace persons experiencing homelessness. (G) A funding distribution that takes into account the population that each project is intended to benefit relative to the total population that all projects awarded grants pursuant to the program will benefit, and the needs of underserved communities. (e) The department may authorize, and develop guidelines related to, an advance payment for a project funded by a grant awarded pursuant to the program. A grant applicant shall be eligible for an advance payment from the department for a project funded by a grant awarded pursuant to the program only if all of the following conditions are met: (1) The grant applicant is a public agency. (2) The grant applicant requests an advance payment in its initial grant application. (3) The project or project component for which the advance payment is requested is well defined and can be delivered by an agreed upon date. (4) The grant applicant has a record of good financial management and has not been sanctioned by any state or federal agency. (5) Upon request of the department, the grant applicant offers sufficient capital, as determined by the department, as security for an advance payment. (6) Upon request of the department, the grant applicant provides a finding approved by its governing body that demonstrates a financial need for an advance payment pursuant to the program to deliver the project. (Amended by Stats. 2022, Ch. 28, Sec. 150. (SB 1380) Effective January 1, 2023.) - 91.42. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must administer the Clean California State Beautification Program of 2021, develop selection criteria and evaluation metrics within six months, and not use program funds to displace people experiencing homelessness.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.42. (a) The Clean California State Beautification Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the Legislature, for purposes of beautifying and cleaning up state highways. (b) It is the intent of the Legislature that the program established pursuant to subdivision (a) achieves all of the following goals: (1) Reduce the amount of waste and debris within public rights-of-way, tribal lands, pathways, parks, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces. (3) Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities. (c) (1) Within six months of the effective date of this section, the department shall develop project selection criteria and program evaluation metrics and identify eligible projects. (2) The project selection criteria shall include, but shall not be limited to, all of the following: (A) The demonstrated need of the applicant to address the goals of the program as described in subdivision (b). (B) The potential for the project to enhance and beautify a public space or spaces. (C) The potential for greening to provide shade, reduce the urban heat island effect, and use native, low-water plants. (D) The potential for abatement of litter and debris that improves access to use of a public space or spaces. (E) Identification of the local public engagement process that culminated in the project proposal and reflects community priorities. (F) The benefit to underserved communities. The department shall establish a definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code. (G) Project types eligible for funding pursuant to the program that include, but are not limited to, all of the following: (i) Greening and landscaping projects. (ii) Gateway community identification projects. (iii) Enhanced infrastructure safety measures. (d) Consistent with applicable department policies and guidelines, program funds shall not be used to displace persons experiencing homelessness. (Amended by Stats. 2022, Ch. 28, Sec. 151. (SB 1380) Effective January 1, 2023.) - 91.43. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may use job order contracting for certain Clean California projects, but it must prequalify contractors, prepare bid documents, require bonding and insurance from selected contractors, and report on the programs to the Legislature.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.43. (a) The department may use job order contracting to construct projects through the Clean California State Beautification Program of 2021 as follows: (1) The department shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract. The documents shall include all of the following: (A) A unit book of construction tasks with preestablished unit prices. (B) Job order contract specifications. (C) Any other information deemed necessary to adequately describe the department’s needs. (2) Based on the documents prepared pursuant to paragraph (1), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department. (3) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. An extension or renewal shall be mutually agreed to by the department and the job order contractor. (4) Any job order contractor that is selected to construct a project pursuant to this subdivision shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require. (5) Nothing in this subdivision is intended to affect, expand, alter, or limit any rights or remedies otherwise available by law. (b) Project funds received pursuant to the Clean California Local Grant Program of 2021, the Clean California State Beautification Program of 2021, and any funds received by the department as reimbursement for project work under these programs shall not be considered transportation funds subject to Sections 182 and 183. (c) The Legislature finds that it is in the best interest of the state to facilitate the quick and efficient purchase of vehicles and related equipment, goods, and systems. Notwithstanding Section 10295.2 of the Public Contract Code and Section 13332.09 of the Government Code, the department is hereby delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department’s supplemental Fleet Acquisition Plan Fiscal Year 2021–22 for the acquisition of 269 medium- and heavy-duty vehicles and equipment to support litter abatement. (d) As part of the 2022–23 and 2023–24 budgets, the department shall report to the Legislature on the Clean California Local Grant Program of 2021 and the Clean California State Beautification Program of 2021, including, but not limited to, the vehicles and equipment purchased pursuant to subdivision (c), cubic yards of litter collected, the locations and types of projects, and any other important project or program outcomes. (Added by Stats. 2021, Ch. 81, Sec. 18. (AB 149) Effective July 16, 2021.) - 91.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may make agreements to accept money, materials, equipment, or services for highway maintenance or roadside enhancement, and the director may authorize a courtesy sign.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.5. (a) The department may enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement, including the cleanup and abatement of litter, of a section of a state highway. The department and the sponsoring person may specify in the agreement the level of maintenance that will be performed. (b) The director may authorize a courtesy sign. These courtesy signs shall be consistent with existing code provisions and department rules and regulations concerning signs. (Amended by Stats. 2003, Ch. 489, Sec. 1. Effective January 1, 2004.) - 91.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must give high priority to litter cleanup along state highway segments near drains, waterways, beaches, and other environmentally sensitive areas, and it may use litter traps or similar technology.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.6. The department shall, within its maintenance programs relating to litter cleanup and abatement, assign a high priority to litter deposited along state highway segments adjoining storm drains, streams, rivers, waterways, beaches, the ocean, and other environmentally sensitive areas. The department may use litter traps in drains and any other effective technology in carrying out these responsibilities. (Added by Stats. 2003, Ch. 489, Sec. 2. Effective January 1, 2004.) - 91.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must set up procedures for removing, disposing of, and recording animal carcasses found on state highways, and it may remove or relocate carcasses for safety.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.8. (a) The department shall, within its maintenance program, establish procedures for the removal and disposal of animal carcasses on state highways. (b) Notwithstanding any other provision of law, including, but not limited to, prohibitions on the possession and transportation of endangered or protected species, or the property rights associated with livestock and other commercially valuable animals, the department may remove or relocate an animal carcass from a state highway for safety purposes. (c) The department shall dispose of animal carcasses in an environmentally appropriate manner considering both of the following: (1) The animal’s probable legal status, whether as domestic or commercial property, wild, feral, protected, or endangered, as follows: (A) When practicable, an owner of a domestic animal shall be notified of the location or disposition of the animal carcass. Unless returned to the owner, license tags, nameplates, or other identification shall be retained by the department for 30 days. (B) A branded livestock carcass shall be removed from the roadway but not otherwise transported until the owner is contacted. If the owner cannot be identified, the department shall notify the regional brand inspector. (C) In the case of wild, feral, protected, or endangered animals, disposal shall be accomplished in accordance with applicable provisions of the Fish and Game Code. (2) If disposal technologies including, but not limited to, natural decomposition, burial, incineration, donation, rendering, or composting are not available or practicable, the department may use any nontraditional or novel technology that may be appropriate under the circumstances. (d) Animal carcasses shall not be relocated to or disposed of within 150 feet of waterways or drainageways that lead directly to waterways, or buried within five feet of groundwater. (e) The department shall maintain a record of designated disposal sites used for consolidation of animal carcasses. (Added by Stats. 2008, Ch. 257, Sec. 3. Effective January 1, 2009.) - 91.9. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must complete an evaluation of how department-owned rights-of-way can be used for renewable energy, storage, and transmission facilities by December 31, 2025.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 91.9. (a) On or before December 31, 2025, the department, in coordination with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall evaluate the issues and policies impeding development of land within department-owned rights-of-way as renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities. (b) The evaluation described in subdivision (a) shall do all of the following: (1) Consider the department owning the facilities, or leasing, granting easements over, or entering into joint-use agreements with public utilities or other entities for facility development within department-owned rights-of-way. (2) Evaluate the suitability of the various types of department-owned rights-of-way for the development of renewable energy generation and energy storage facilities. (3) Identify the issues and policies impeding the use of department-owned rights-of-way that could be made available for the development of renewable energy generation and energy storage facilities, to the maximum extent economically feasible, including consideration of existing laws, safety, suitability, and other priorities that the department has identified for the department-owned rights-of-way. (4) Identify, to the extent possible, the amount of renewable energy generation and energy storage capacity on the various types of department-owned rights-of-way that could feasibly be developed to achieve the goals stated in Section 454.53 of the Public Utilities Code. (5) Evaluate, in coordination with the Public Utilities Commission, the Independent System Operator, and other balancing authorities, as defined in subdivision (b) of Section 399.12 of the Public Utilities Code, the suitability of the various types of department-owned rights-of-way for the development of needed electrical transmission and distribution facilities. The evaluation of suitability shall consider and prioritize the need for increased electrical transmission and distribution capacity as identified by the Public Utilities Commission, the Independent System Operator, or other balancing authorities. (6) Identify issues and policies impeding the use of department-owned rights-of-way for the development of needed electrical transmission and distribution facilities, including consideration of existing laws, safety, suitability, and other priorities that the department has identified for the department-owned rights-of-way. (7) Include requirements for the development of renewable energy generation, energy storage facilities, and electrical transmission and distribution facilities within department-owned rights-of-way, including any safety or environmental issues and the steps that projects will be required to take to mitigate these issues. (8) Establish a process for entities interested in leasing or obtaining an easement or joint-use agreement for land within department-owned rights-of-way to operate and build a renewable energy generation facility, an energy storage facility, or an electrical transmission or distribution facility to apply to the department for land use agreements under terms that reasonably encompass the useful life of the project. (9) Provide recommendations to facilitate the development of renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities on department-owned rights-of-way. (Added by Stats. 2023, Ch. 379, Sec. 1. (SB 49) Effective January 1, 2024.) - 9100. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
After a city contracts with at least 75% of the bondholders, the legislative body must direct the auditor to prepare a complete and accurate statement about the refunded bonds and related assessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9100. When the contract between the city and 75 percent or more of the bondholders has been entered into, the legislative body shall direct the auditor to submit a complete and accurate statement showing the following: (a) The total principal amount of the outstanding bonds of the issue to be refunded. (b) The numbers of the bonds. (c) The amounts of the due and unpaid interest coupons of the bonds. (d) The several assessments remaining unpaid and the time in which they become due, together with the interest and penalties on any unpaid installments thereof. (e) The amount of each reassessment and description of the property upon which such reassessment is proposed to be levied. (Added by Stats. 1951, Ch. 463.) - 9101. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
The auditor must compute the reassessment for each parcel of land using the steps in this section.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9101. The amount of the reassessment upon any parcel of land shall be computed by the auditor in the following manner: (a) Subtract from the total amount of unpaid assessments including interest and penalties thereon, if any, on all lands to be reassessed, the amount of the total proposed reassessment. (b) Prorate the amount of the remainder so ascertained by subtraction, among the respective parcels to be reassessed in accordance with the amounts assessed against each of the parcels in the original assessment. (c) Subtract the amount so prorated upon any parcel from the total amount of the unpaid assessment, with interest and penalties thereon, if any, on that parcel and the remainder shall constitute the proposed reassessment on such parcel. (Added by Stats. 1951, Ch. 463.) - 9102. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
The legislative body may choose an alternative way to spread reassessments, and the superintendent of streets must calculate each parcel’s benefits and apply prior payments, excluding penalties and interest.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9102. As an alternative method of apportioning the reassessments, the legislative body, if it determines that it appears that the assessments upon some of the lands to be reassessed seem excessive and not in proportion to benefits, may by resolution direct that the superintendent of streets spread the proposed reassessment upon the parcels of land to be reassessed in accordance with the benefits derived from the acquisition or improvement, or acquisition and improvement, to pay for which the outstanding bonds were issued. If the alternative method of apportioning is used the superintendent of streets shall estimate for each parcel to be reassessed the benefits derived from the acquisition or improvement, or acquisition and improvement, to pay for which the outstanding bonds were issued, and shall credit to each parcel all amounts paid upon the assessment (excluding penalties and interest), and the balance remaining after these amounts have been credited shall be the amount of the reassessment upon the parcel. (Added by Stats. 1951, Ch. 463.) - 9103. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
If a reassessment was spread under the alternative method, it must be filed with the auditor, and the auditor must include it in the statement instead of the reassessment he computed.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9103. When the reassessment has been spread under the alternative method, it shall be filed with the auditor and the auditor shall include it in his statement in lieu of the reassessment computed by him. (Added by Stats. 1951, Ch. 463.) - 9104. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
A reassessment for any parcel cannot be more than the unpaid original assessment plus unpaid annual interest.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9104. The amount of the reassessment upon any parcel shall not exceed the unpaid amount of the original assessment upon that parcel and the unpaid annual interest thereon. (Added by Stats. 1951, Ch. 463.) - 9105. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
Tax-deeded land is subject to reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9105. Tax-deeded land shall be subject to reassessment. (Added by Stats. 1951, Ch. 463.) - 9106. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
Certain parcels deeded to a city or similar public body for delinquent taxes must be reassessed under this division, and the local legislative body may consent to the refunding and reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9106. Any parcel of land subject to the lien of any assessment securing bonds to be refunded pursuant to this division which has been deeded to any city or other political subdivision or public corporation for delinquent taxes or for delinquent taxes and assessments shall be subject to reassessment under this division. The legislative body of the city or other political subdivision or public corporation may consent to the refunding and reassessment under this division and may do any and all acts and things necessary or convenient to accomplish the refunding of the outstanding bonds. (Added by Stats. 1951, Ch. 463.) - 9107. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. )
Money appropriated by a city or county to help refunding must be credited to the reassessment, used to reduce each reassessment, and prorated among the reassessed parcels.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Computing the Reassessment [9100 - 9107] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9107. All money appropriated by the city or county to assist in refunding shall be credited upon the reassessment and shall reduce each of the reassessments therein and shall be prorated among the respective parcels reassessed in accordance with the amounts assessed against each of the parcels in the original assessment. (Added by Stats. 1951, Ch. 463.) - 9125. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
A city may use any available fund to help refund bonds, and the county may do the same when the improvement is a street, bridge, or highway improvement.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9125. A city proceeding under this division may appropriate money from any available fund to assist in the refunding. Wherever the improvement is a street, bridge, or highway improvement the county in which the city lies is authorized and empowered to appropriate money from any available fund to assist in the refunding. (Added by Stats. 1951, Ch. 463.) - 9126. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
Certain local public bodies may contribute or appropriate funds to help refund outstanding bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9126. In addition to the authority contained elsewhere in this division, any city, county, or city and county, district, or other public corporation of any class or kind, in which all or any part of the lands to be reassessed lie, may, at any time, make a contribution or appropriation to aid in the refunding of the outstanding bonds as provided in this article. (Added by Stats. 1951, Ch. 463.) - 9127. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
The legislative body of a city, county, city and county, district, or other public corporation may use delinquent taxes to help refund indebtedness in a reassessment proceeding.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9127. All or any part of the delinquent taxes levied upon lands subject to reassessment in the refunding proceeding for any city, county, or city and county, district, or other public corporation may be contributed or appropriated to aid in the refunding of such indebtedness by the legislative body of the city, county, city and county, district, or other public corporation for which such taxes were levied. (Added by Stats. 1951, Ch. 463.) - 9128. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
The appropriation or contribution may be paid from delinquent tax collections, or it may be made by cancelling the taxes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9128. Such appropriation or contribution may be of money to be received from the collection of such delinquent taxes or may be made by authorizing the cancellation of the taxes. (Added by Stats. 1951, Ch. 463.) - 9129. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
If cancellation is authorized, a certified copy of the resolution must be filed with the city or county tax collector, and the relevant officers must promptly enter the tax cancellation in the records.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9129. If cancellation as provided in this article is authorized, a certified copy of the resolution making the contribution or appropriation and authorizing the cancellation of the taxes shall be filed with the city or county tax collector, as the case may be. Thereafter the tax collector, the clerk, the auditor, and any other officers having any part in the collection of such taxes or keeping public records thereof, shall, immediately upon the recordation of the reassessment, make the necessary entries canceling the taxes, and the auditor shall certify to the legislative body which made the appropriation or contribution that the taxes described in the resolution have been canceled and annulled. (Added by Stats. 1951, Ch. 463.) - 9130. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
If taxes are canceled as part of an appropriation or contribution, the related interest and penalties must be canceled at the same time, and neither those amounts nor the canceled taxes may later be collected.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9130. When any appropriation or contribution is made by authorizing the cancellation of taxes, all interest and penalties on the taxes appropriated or contributed shall be canceled at the same time the taxes are canceled and shall not be deemed a part of the appropriation or contribution and no part of the taxes so canceled and no penalties or interest thereon shall ever be collected. (Added by Stats. 1951, Ch. 463.) - 9131. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
A resolution may describe the taxes to be appropriated or contributed as all taxes for a particular fiscal year or years, and may state the total amount.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9131. The taxes to be appropriated or contributed may be described in the resolution making the appropriation or contribution as all of the taxes for the particular fiscal year or years; and the total amount thereof may be stated in the resolution. No error in the statement of the total amount shall invalidate the appropriation or contribution provided the taxes to be appropriated or contributed are otherwise clearly described. (Added by Stats. 1951, Ch. 463.) - 9132. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
A resolution covering an appropriation or contribution and tax cancellation must meet listed requirements, including a two-thirds vote and specific findings.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9132. The resolution making the appropriation or contribution and authorizing the cancellation of taxes shall comply with the following requirements: (a) It shall be adopted by a two-thirds vote. (b) It shall find that the public interest and necessity require the contribution or appropriation. (c) It shall find the general interest of the city, county, city and county, district, or other public corporation of which the body adopting the resolution is the legislative body will be served and promoted by such appropriation or contribution. (d) It shall find that the refunding to which the appropriation or contribution is made will tend to restore property to the tax roll or keep it upon the tax roll and to promote the improvement and development of the property subject to reassessment in the refunding proceeding. (Added by Stats. 1951, Ch. 463.) - 9133. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
If taxes were appropriated or contributed under this article, the county auditor must calculate the canceled unpaid taxes, penalties, and interest and notify the State Controller.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9133. When an appropriation or contribution of taxes has been made under this article, the county auditor shall compute the amount of the unpaid taxes, penalties, and interest canceled and shall notify the State Controller thereof, and such amount shall be deducted from the amount necessary for a redemption of the property or from the amount for which the property shall be sold when sold by the State. (Added by Stats. 1951, Ch. 463.) - 9134. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. )
If property was deeded to the State for delinquent taxes, the Controller’s consent must be obtained for an appropriation or contribution of delinquent taxes; if all the taxes are covered, the deed to the State is canceled.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Contributions and Appropriations [9125 - 9134] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9134. Where property has been deeded to the State for delinquent taxes and any appropriation or contribution of any part of the delinquent taxes is made pursuant to the authority conferred in this chapter, the consent of the Controller of the State of California to such appropriation or contribution shall be obtained; and if all taxes for which the sale was made are appropriated or contributed, the deed to the State shall be canceled. (Added by Stats. 1951, Ch. 463.) - 9140. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
The auditor’s statement under Article 1 must be filed with the legislative body.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9140. The statement of the auditor pursuant to Article 1 of this chapter shall be filed with the legislative body. (Added by Stats. 1951, Ch. 463.) - 9141. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
If the legislative body finds the auditor’s statement correct after examination, it must approve the statement.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9141. If the legislative body finds the statement of the auditor to be correct upon examination, it shall approve the statement. (Added by Stats. 1951, Ch. 463.) - 9142. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
After the auditor’s statement is approved, the legislative body must adopt a resolution and set a time and place for a hearing on the refunding and reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9142. Upon the approval of the statement of the auditor the legislative body shall adopt a resolution reciting that the statement of the auditor has been approved and is on file with the clerk and that it shows the amount of outstanding bonds and the amount of due and unpaid interest coupons thereof, and the amount of assessments and interest and penalties thereon, together with descriptions of the property upon which reassessments are proposed to be levied, and the amount to be reassessed against each parcel. The resolution shall fix a time and place for hearing on the refunding and reassessment. (Added by Stats. 1951, Ch. 463.) - 9143. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
The resolution must state specified bond, assessment, and refunding details and point interested parties to the city clerk’s report.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9143. The resolution shall also state the total amount of the outstanding bonds, the amount of the due and unpaid interest coupons, the total amount of unpaid assessments including therein interest and penalties on unpaid installments, if any, the amount of the proposed public contribution, if any, the total amount of the proposed reassesssment, the time the refunding bonds shall run, the rate or rates of interest thereon, and shall refer all parties interested to the report on file with the city clerk for the amount of the reassessment proposed to be levied on each parcel of land and for further details. (Added by Stats. 1951, Ch. 463.) - 9144. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
If the assessment was spread under Section 9102, the resolution must state that fact.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9144. If the assessment was spread as provided in Section 9102 the resolution shall state that fact. (Added by Stats. 1951, Ch. 463.) - 9145. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. )
The resolution must be published once a week for four consecutive weeks in a newspaper of general circulation in the city.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 3. Reassessment [9100 - 9145] ( Chapter 3 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Approval of Reassessment [9140 - 9145] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9145. The resolution shall be published once a week for four successive weeks in some newspaper of general circulation in the city. (Added by Stats. 1951, Ch. 463.) - 9160. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
Property owners may pay the assessments and interest as provided by the bond proceedings and statute, and certain owners may keep paying by giving written notice before the refunding-and-reassessment hearing.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9160. The owners of property liable to pay assessments have the right to pay such assessments, together with interest thereon as provided by the proceedings and statute under which the outstanding bonds were issued. If the owners of property against which assessments remain unpaid so elect, by written notice given to the legislative body at any time prior to the hearing on the refunding and reassessment they may continue to pay assessments as provided by the proceedings and statute under which the outstanding bonds were issued. The notice shall describe the property upon which the owner elects to continue to pay sufficiently to identify it. (Added by Stats. 1951, Ch. 463.) - 9161. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
Assessments on property with written notice must be paid and collected, with interest and penalties handled under the proceedings and statute for the refunded bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9161. The assessments upon property as to which such written notice has been given shall be paid and collected with interest and penalties thereon as provided by the proceedings and statute under which the bonds to be refunded were issued. (Added by Stats. 1951, Ch. 463.) - 9162. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
Outstanding bonds must not be canceled in the refunding proceeding and remain payable, with interest, under the original proceedings.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9162. Outstanding bonds payable serially as the assessments are payable, and in principal amount equal to the principal of the assessments included in written notices given pursuant to this chapter shall not be canceled in the refunding proceeding but, with interest, shall be payable as provided in the original proceedings. (Added by Stats. 1951, Ch. 463.) - 9163. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
If a property owner chooses to keep paying assessments under this chapter, the proposed reassessment on the parcel must be marked “Not to be levied,” and no reassessment may be levied in the refunding proceeding.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9163. In the event any property owner elects to continue to pay assessments as provided in this chapter, the proposed reassessment upon his parcel of land as set forth in the statement on file shall be marked “Not to be levied” and no reassessment shall be levied on such parcel in the refunding proceeding. (Added by Stats. 1951, Ch. 463.) - 9164. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
If a bond or interest coupon must be reduced to make the refunding amounts match, the reduction amount must be noted on its face.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9164. If in order that the principal amount of outstanding bonds not canceled in the refunding proceedings which is payable annually and interest thereon shall equal the principal amount of assessments made under the original proceedings which are payable annually and interest thereon, it is necessary to reduce the amount of any bond or interest coupon, an appropriate notation showing the amount of reduction shall be written, printed, or stamped upon the face of each bond or coupon reduced in amount. The remaining amount of such bond or coupon shall be payable, collectible, and enforceable in accordance with the provisions of the Improvement Bond Act of 1915. (Added by Stats. 1951, Ch. 463.) - 9165. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. )
If a property owner does not elect to keep paying assessments, the legislative body must reassess the property in the refunding proceedings.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 4. Election of Landowners to Pay Original Assessment [9160 - 9165] ( Chapter 4 added by Stats. 1951, Ch. 463. ) ## 9165. If any property owner does not elect to continue to pay assessments as provided in this chapter, then the legislative body shall make a reassessment against his property in the refunding proceedings. (Added by Stats. 1951, Ch. 463.) - 9180. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
Before a legislative body can confirm a reassessment under this division, the written consent of owners representing a majority in area of the land subject to reassessment must be filed with the clerk.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9180. The written consent of the owners of a majority in area of the land subject to reassessment shall be filed with the clerk of the legislative body before the legislative body shall have jurisdiction to confirm any reassessment under this division. (Added by Stats. 1951, Ch. 463.) - 9181. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
A landowner subject to reassessment may file written consent to the refunding and reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9181. Any owner of land subject to reassessment may file his consent in writing to the refunding and reassessment upon substantially the terms stated in the resolution provided for in Article 3 of Chapter 3. Such consent need not be in any particular form and no error or informality thereof shall in any manner vitiate the proceedings. (Added by Stats. 1951, Ch. 463.) - 9182. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
This section defines which people count as owners of land for this chapter.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9182. Owners of land within the meaning of this chapter are those and those only who appear to be such upon the records in the office of the county recorder of the county in which the district is situated on the day that the consents provided for in this chapter are filed with the clerk of the legislative body. (Added by Stats. 1951, Ch. 463.) - 9183. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
The city’s legislative body may consent to the refunding and reassessment of land deeded to the city for delinquent taxes or delinquent taxes and assessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9183. As to any land deeded to a city for delinquent taxes or for delinquent taxes and assessments, the legislative body of the city is authorized to consent to the refunding and reassessment. (Added by Stats. 1951, Ch. 463.) - 9184. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
For tax deeded lands, the State Controller may sign consents to refunding and reassessment for the State, and the county board of supervisors may consent by resolution.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9184. As to tax deeded lands the State Controller may sign any consent or consents to the refunding and reassessment for the State, and the board of supervisors of the county in which the property lies may consent to the refunding and reassessment by resolution. (Added by Stats. 1951, Ch. 463.) - 9185. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
Certain fiduciaries may consent on behalf of the property they represent, and they are treated as owners of land for this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9185. Executors, administrators, special administrators and guardians may consent for any property of the estate represented by them. Any trustee of an express trust of land other than as security for the payment of money may consent for all or any part of the land held in such trust. A trustee in bankruptcy may consent for all or any part of the property of the debtor. Such executors, administrators, guardians and trustees are deemed owners of land within the meaning of this division. (Amended by Stats. 2009, Ch. 500, Sec. 60. (AB 1059) Effective January 1, 2010.) - 9186. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
At the hearing, the legislative body must determine whether the required written consent has been filed. If it finds that consent was filed, it may confirm the reassessment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9186. At the hearing on the refunding and reassessment the legislative body shall determine whether the written consent of the owners of a majority in area of the lands subject to reassessment has been filed or not and if it determines that such consent has been filed it has jurisdiction to confirm the reassessment. (Added by Stats. 1951, Ch. 463.) - 9187. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. )
Challenges to the validity of consents or the legislative body’s determination must be brought within three months, and after that no one may argue the consents were defective, invalid, or insufficient.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 5. Consent of Landowners to Refunding and Reassessment [9180 - 9187] ( Chapter 5 added by Stats. 1951, Ch. 463. ) ## 9187. The validity, sufficiency, or genuineness of any of the consents, or the finding and determination of the legislative body thereon, shall not be contested in any action or proceeding unless commenced within three months after the determination of the legislative body has been made. Thereafter no person in any action or proceeding may plead or prove that said consents, or any thereof, or the finding and determination of the legislative body thereon, was in any way defective, invalid or insufficient. (Added by Stats. 1951, Ch. 463.) - 92. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may take necessary, convenient, or proper actions for construction, improvement, maintenance, or use of highways under its control.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92. The department may do any act necessary, convenient or proper for the construction, improvement, maintenance or use of all highways which are under its jurisdiction, possession or control. (Added by Stats. 1947, Ch. 436.) - 92.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must update its guidance on positive protection measures, compensate contractors for optional safety devices when requested in qualifying cases, submit a report to the Legislature, and later set standards and specifications. Contractors who receive compensation must use the device as directed.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.1. (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic. (b) Where the department’s updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project of the department. (c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section. (2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations. (e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section. (f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the department’s guidance. (2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1). (g) For purposes of this section, the following definitions apply: (1) “Covered activity” means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities. (2) “Positive protection” means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices. (Amended by Stats. 2023, Ch. 813, Sec. 1. (AB 752) Effective January 1, 2024.) - 92.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must, where practical or desirable, replace trees removed or destroyed by highway-widening projects along highways under its control.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.2. Where practical or desirable, the department shall, along any highway under its jurisdiction, possession, or control, replace trees that have been destroyed or removed because of projects undertaken to widen the highway. Money from the State Highway Account available for the widening of highways shall also be available for the planting of trees pursuant to this section. (Amended by Stats. 1980, Ch. 777, Sec. 10.) - 92.3. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must reduce water-intensive freeway landscaping, use drought-resistant landscaping when feasible, and require recycled water for freeway landscaping when the listed conditions are met.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.3. (a) The department shall do both of the following: (1) Discontinue further water intensive freeway landscaping and use drought resistant landscaping whenever feasible, taking into consideration such factors as erosion control and fire retardant needs. (2) Eliminate any dependency on imported water for landscaping as soon as practicable. (b) The department shall require the use of recycled water for the irrigation of freeway landscaping when it finds and determines that all of the following conditions exist: (1) The recycled water is of adequate quality and is available in adequate quantity for the proposed use. (2) The proposed use of the recycled water is approved by the California regional water quality control board having jurisdiction. (3) There is a direct benefit to the state highway program for the proposed use of recycled water. (4) The recycled water is supplied by a local public agency or water public utility able to contract for delivery of water and the installation, maintenance, and repair of facilities to deliver the water. (5) The installation of the water delivery facilities does not unreasonably increase any hazard to vehicles on the freeway or create unreasonable problems of highway maintenance and repair. (c) In cooperation with local public agencies and water public utilities, the department shall permit local public agencies and water public utilities to place transmission lines for recycled water in freeway rights-of-way for use by the local public agencies and water public utilities to transmit recycled water to others, when to do so will promote a beneficial use of recycled water and that transmission does not unreasonably interfere with use of the freeway or unreasonably increase any hazard to vehicles on the freeway, subject to paragraphs (1) to (5), inclusive, of subdivision (b) and the following additional requirements: (1) The local public agency or water public utility holds the department harmless for any liability caused by a disruption of service to other users of the recycled water and will defend the department in any resulting legal action and pay any damages awarded as a result of that disruption. (2) The department, in cooperation with the local public agency or water public utility, may temporarily interrupt service in order to add to or modify its facilities without liability, as specified in paragraph (1). (3) The local public agency or water public utility obtains and furnishes the department an agreement by all other users of recycled water from the transmission system holding the department harmless for any disruption in service. (4) The local public agency or water public utility has furnished the department a list of other recycled water users and information on any backup system or other source of water available for use in case of a service disruption. (5) The local public agency is responsible for the initial cost or any relocation cost of the recycled water transmission lines for service to other users in the right-of-way and waives its rights to require the department to pay the relocation costs pursuant to Sections 702 and 704. (6) The local public agency or water public utility maintains the water transmission system subject to reasonable access for maintenance purposes to be negotiated between the department and the local public agency or water public utility. (7) The department has first priority with respect to the recycled water supply contracted for by the department. (8) The local public agency or water public utility installs an automatic control system which will allow the water transmission system to be shut down in case of an emergency. The department shall have access to all parts of the transmission system for purposes of the agreement. (9) All transmission lines are placed underground and as close as possible to the freeway right-of-way boundary or at other locations authorized by the department. (10) The plans and specifications for the recycled water transmission facilities have been approved by the department prior to construction. (d) When appropriate and consistent with integrated pest management strategies as defined in subdivision (d) of Section 14717 of the Government Code, planting projects undertaken or approved by the department shall include California native wildflowers and native and climate-appropriate vegetation as an integral and permanent part of the planting design, with priority given to those species of wildflowers and native and climate-appropriate vegetation that will help rebuild pollinator populations. (e) As used in this section: (1) “Local public agency” means any local public agency that transmits or supplies recycled water to others. (2) “Water public utility” means any privately owned water corporation that is subject to the jurisdiction and control of the Public Utilities Commission. (Amended by Stats. 2018, Ch. 165, Sec. 1. (AB 2062) Effective January 1, 2019.) - 92.4. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may help pay for building half of a city street or county road that borders state-acquired property for freeway purposes, if the road was already established but not yet built when the freeway location was set.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.4. Where a city street or county road abuts upon real property acquired by the state for freeway purposes, the department may contribute toward the cost of construction of the half of such street or road that directly fronts or abuts upon such property if such street or road was established, but not yet constructed, at the time when the location of such freeway was established by the commission. (Amended by Stats. 1980, Ch. 777, Sec. 11.) - 92.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must install radio-reception devices in qualifying tunnels and underpasses on state highways in metropolitan areas.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.5. The department shall install, in all tunnels and underpasses on state highways within metropolitan areas where the tunnel or underpass is of sufficient length to impede radio reception, wires, or other devices which will sustain reception of broadcasts by radios in vehicles traveling through the tunnels and underpasses. The Legislature declares that the installation of such devices in state highway tunnels and underpasses is an improvement of highways within the meaning of Section 1 of Article XIX of the California Constitution since it will assist law enforcement officers in their patrol duties by enabling them to receive essential radio calls and also will increase the enjoyment of the people in the use of the state highways. (Amended by Stats. 1980, Ch. 777, Sec. 12.) - 92.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must install and maintain screening at appropriate state freeway overpasses where pedestrians are allowed.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.6. At such locations as shall be determined by the department to be appropriate, screening shall be installed and maintained on state freeway overpasses on which pedestrians are allowed, in order to prevent objects from being dropped or thrown upon vehicles passing underneath. First consideration shall be given to freeway overpasses in urban areas. (Amended by Stats. 1979, Ch. 589.) - 92.7. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must update applicable guidance documents to include suicide deterrent considerations by July 1, 2028, working with the State Department of Public Health and impacted local governments.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.7. (a) (1) Beginning on or before July 1, 2028, the department shall, in consultation with the State Department of Public Health and in collaboration with impacted local governments, incorporate suicide deterrent considerations in the updates of applicable guidance documents. (2) Suicide deterrent considerations shall include, but not be limited to, the evaluation and adoption of guidance for countermeasures that may deter suicide attempts on bridges and overpasses on the state highway system, including the design, placement, and modification of barriers, fencing, and other infrastructure. (3) A suicide deterrent consideration incorporated into guidance documents pursuant to this subdivision shall be as determined by the department to be appropriate. (b) This section does not impose a mandatory duty pursuant to Section 815.6 of the Government Code. (Added by Stats. 2025, Ch. 427, Sec. 1. (SB 800) Effective January 1, 2026.) - 92.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must identify best practices for suicide countermeasures on bridges and overpasses by July 1, 2028, and consult public health, behavioral health, and other stakeholders when implementing the section.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 92.8. (a) (1) On or before July 1, 2028, the department shall identify best practices for the implementation of suicide countermeasures designed to deter suicide attempts on bridges and overpasses. (2) In evaluating appropriate physical infrastructure, design features, and related deterrent measures, the department shall consider feedback from local jurisdictions and other stakeholders. (3) Any countermeasures implemented pursuant to this section shall be as determined by the department to be appropriate. (b) The department shall consult with the State Department of Public Health, behavioral health experts, and other relevant stakeholders in implementing this section. (c) This section does not impose a mandatory duty pursuant to Section 815.6 of the Government Code. (Added by Stats. 2025, Ch. 262, Sec. 1. (AB 440) Effective January 1, 2026.) - 9200. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
Interested persons may file a written protest about the reassessed amount before the hearing, and the protest must state its nature specifically.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9200. Any person interested in any of the property to be reassessed may file a written protest against the amount reassessed against his or any other property, as shown in the statement, at any time prior to the time fixed for hearing on the refunding and assessment. The protest shall specifically set forth the nature thereof. Failure to file such written protest shall be a waiver of any right which such person may have or claim. (Added by Stats. 1951, Ch. 463.) - 9201. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
A person who files a protest must be given a full opportunity to be heard.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9201. Any person who files such a protest shall have full opportunity to be heard thereon. (Added by Stats. 1951, Ch. 463.) - 9202. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
At the scheduled hearing, the legislative body must hear complaints or objections about unpaid assessments or proposed reassessments for parcels to be reassessed.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9202. At the time and place fixed for hearing, the legislative body shall hear any complaints or objections that may be made concerning the amount of unpaid assessments, or the amounts of proposed reassessments as to any of the parcels of land to be reassessed. (Added by Stats. 1951, Ch. 463.) - 9203. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
At the hearing, objections about the regularity of the improvement proceedings or the original assessment cannot be considered; other objections to a reassessment are waived unless made as this chapter requires.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9203. At the hearing no objections to the regularity of the proceedings with reference to the making of the improvement or the validity or the amount of any assessment levied in the original proceedings shall be considered. All other objections to any reassessment shall be deemed waived unless presented at the time and in the manner specified in this chapter. (Added by Stats. 1951, Ch. 463.) - 9204. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
The legislative body’s determination on all objections or protests is final and conclusive.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9204. The determination of the legislative body upon all objections or protests shall be final and conclusive. (Added by Stats. 1951, Ch. 463.) - 9205. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
A hearing may be continued by order entered in the minutes, but it must be finished within 30 days from the date originally fixed.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9205. The hearing may be continued from time to time by order entered in the minutes, but must be concluded within 30 days from the date orginally fixed. (Added by Stats. 1951, Ch. 463.) - 9206. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
At the hearing, the legislative body may review and correct reassessment amounts, but it may not assess any parcel of land for more than the total unpaid assessment plus any interest and penalties.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9206. At the hearing the legislative body may review and correct the amount of any reassessments upon any parcel of land, but shall not assess against any parcel of land a greater amount than the total unpaid assessment, with interest and penalties thereon, if any. (Added by Stats. 1951, Ch. 463.) - 9207. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
At the end of the hearing, the reassessment must be confirmed by resolution entered in the minutes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9207. At the conclusion of the hearing the reassessment as originally made or as reviewed and corrected shall be confirmed by resolution entered upon the minutes. (Added by Stats. 1951, Ch. 463.) - 9208. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. )
The resolution of confirmation must identify the parcels of land being confirmed and levied, using a reassessment number or another suitable description.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 6. Protest and Hearing [9200 - 9208] ( Chapter 6 added by Stats. 1951, Ch. 463. ) ## 9208. The resolution of confirmation shall designate by reassessment number or other appropriate designation or description the parcels of land in the statement on file with the clerk upon which the reassessments are confirmed and levied. (Added by Stats. 1951, Ch. 463.) - 9225. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
After a reassessment is confirmed by the legislative body, it must be recorded in the office of the superintendent of streets.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9225. When the reassessment, as made or as reviewed and corrected, has been confirmed by the legislative body, it shall be recorded in the office of the superintendent of streets. (Added by Stats. 1951, Ch. 463.) - 9226. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
When the reassessment is recorded with the superintendent of streets, it becomes a lien on the assessed parcels and replaces the original assessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9226. When recorded with the superintendent of streets the reassessment shall become a lien upon the various parcels of land assessed and shall be in lieu of the assessments orginally levied thereon. (Added by Stats. 1951, Ch. 463.) - 9227. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
The original assessments, and any penalties and interest on them, are treated as replaced by the reassessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9227. Assessments originally levied, and all penalties and interest accrued thereon, shall be deemed superseded and supplanted by the reassessments. (Added by Stats. 1951, Ch. 463.) - 9228. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
The reassessment lien has priority and superiority starting from the date the original assessment became a lien on the property reassessed.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9228. The lien of the reassessment shall be given superiority and priority as of the date that the original assessment became a lien upon the property reassessed. (Added by Stats. 1951, Ch. 463.) - 9229. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
Reassessments, their installments, and related interest and penalties are a lien on the parcels of land until paid, but only up to a specified time limit tied to an action on the last series of refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9229. Reassessments and each installment thereof and the interest and penalties thereon shall be a lien against the parcels of land on which made, until the same are paid, but for a period not exceeding the time within which an action might be brought on the last series of refunding bonds issued upon the security of the unpaid reassessments. (Added by Stats. 1951, Ch. 463.) - 9230. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
Unmatured installments, interest, and penalties on unpaid reassessments are not covered by a general warranty of title for the affected parcel.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9230. Unmatured installments, interest, and penalties on unpaid reassessments shall not be deemed to be within the terms of any general warranty of title as to any parcel against which a reassessment is made. (Added by Stats. 1951, Ch. 463.) - 9231. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. )
If refunding bonds are issued, the reassessments and related reassessments, plus interest, must be kept as a trust fund for redeeming and paying those bonds and their interest.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 7. Recordation of Reassessment [9225 - 9231] ( Chapter 7 added by Stats. 1951, Ch. 463. ) ## 9231. When refunding bonds are issued, the reassessments and any reassessments which may be issued thereon or in lieu thereof, together with interest thereon, shall remain and constitute a trust fund for the redemption and payment of the refunding bonds and the interest thereon. (Added by Stats. 1951, Ch. 463.) - 9250. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
A copy of the resolution confirming the reassessments must be filed with the auditor’s office.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9250. A copy of the resolution of the legislative body confirming the reassessments upon the security of which the refunding bonds are issued, shall be filed in the office of the auditor. (Added by Stats. 1951, Ch. 463.) - 9251. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
The auditor must keep a record in his office of the yearly reassessment installments of principal and interest to be collected during the bond term.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9251. The auditor shall keep a record in his office showing the several installments of principal and interest on the reassessments which are to be collected in each year during the term of the bonds. (Added by Stats. 1951, Ch. 463.) - 9252. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
The auditor must annually enter reassessment installments and related interest in the assessment roll for each affected parcel of land.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9252. The auditor shall annually enter in his assessment roll on which taxes will next become due, opposite each parcel of land affected, in a space marked “public improvement assessment,” or by other suitable designation, the several installments of such reassessment coming due during the fiscal year covered by such assessment roll, including in each case the interest due on such total unpaid reassessments as herein provided, and also including a percentage of one-fourth of 1 percent of the amount of such installments and of such interest so entered. (Added by Stats. 1951, Ch. 463.) - 9253. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
Percentages collected for reassessments must cover the treasurer’s collection expenses and compensation, plus interest and penalties; no other percentage may be claimed for those collections.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9253. The percentages when collected shall cover the expenses and compensation of the treasurer incurred in the collection of such reassessments, and of the interest and penalties thereon. No other percentage shall be claimed for any such collections. (Added by Stats. 1951, Ch. 463.) - 9254. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
If county officials collect reassessments for a city, the county auditor must promptly give the city auditor a detailed report after the tax collecting season.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9254. In the event that reassessment collections are made by county officials for a city the county auditor shall at the close of the tax collecting season promptly render to the city auditor a detailed report showing the amounts of installments, interest, penalties, and percentages of reassessments so collected on each proceeding and from what property collected. The report shall also include a statement of the percentages retained for the expenses of making such collections. (Added by Stats. 1951, Ch. 463.) - 9255. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. )
If a reassessed parcel is not separately listed on the roll, the auditor must enter the parcel description and, if known, the owners’ names; otherwise the entry should say “unknown owners,” and the proper installment must be extended opposite the entry.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. Reassessment Records [9250 - 9255] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9255. If a parcel of land affected by any reassessment is not separately assessed on the roll so that the installment to be collected can be conveniently entered thereon, the auditor shall enter on the roll a description of the parcel affected, with the name of the owners if known, but otherwise described as “unknown owners,” and extend the proper installment opposite the entry. (Added by Stats. 1951, Ch. 463.) - 9260. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. )
The treasurer must keep a redemption fund for the bonds and deposit into it the sums received from the reassessments, including interest and penalties.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9260. The treasurer shall keep a redemption fund designated by the name of the bonds, into which he shall place all sums received by him from the collection of the reassessments made for such refunding and upon the security of which the refunding bonds are issued and all interest and penalties thereon. (Added by Stats. 1951, Ch. 463.) - 9261. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. )
A city may temporarily move money into the redemption fund from other funds that are not immediately needed, but the transferred money must be used for sums due from the fund and then put back from the first available receipts.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9261. A city proceeding under this division may at its discretion temporarily transfer money into the redemption fund from other funds in which such moneys are not immediately needed. The money so transferred shall be used to pay sums due from the redemption fund and shall be retransferred therefrom out of the first available receipts. (Added by Stats. 1951, Ch. 463.) - 9262. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. )
The treasurer must pay the refunding bonds and interest from the redemption fund when proper bonds and coupons are presented, and may not pay them from any other fund.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9262. From the redemption fund the treasurer shall disburse and pay the refunding bonds and the interest due thereon upon presention of the proper bonds and coupons. Under no circumstances shall the bonds or the interest thereon be paid out of any other fund. (Added by Stats. 1951, Ch. 463.) - 9263. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. )
Money in the redemption fund must be paid to the holders of outstanding bonds and coupons entitled to it when the auditor’s statement is approved by the legislative body, before the refunding bonds are delivered.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. The Redemption Fund [9260 - 9263] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9263. All money in the redemption fund upon the date the statement of the auditor is approved by the legislative body shall be paid to the holders of outstanding bonds and coupons entitled thereto at or prior to the delivery of the refunding bonds. (Added by Stats. 1951, Ch. 463.) - 9270. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Payment of Entire Assessment [9270 - 9271] ( Article 3 added by Stats. 1951, Ch. 463. )
An interested owner may pay off an unpaid reassessment by depositing the full unpaid balance plus the interest that would have become due with the city treasurer.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Payment of Entire Assessment [9270 - 9271] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9270. Any interested owner may release and pay any unpaid reassessment by depositing with the treasurer of the city the total unpaid balance of such reassessment, together with the total interest which would become due on such reassessment were it paid in the regular way. (Added by Stats. 1951, Ch. 463.) - 9271. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Payment of Entire Assessment [9270 - 9271] ( Article 3 added by Stats. 1951, Ch. 463. )
If an owner pays a reassessment in one lump sum and that payment is used to buy or call a bond, the payer is entitled to credit and reimbursement for the interest saved, minus a share of notice costs.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 3. Payment of Entire Assessment [9270 - 9271] ( Article 3 added by Stats. 1951, Ch. 463. ) ## 9271. If an owner pays a reassessment in a lump sum and the proceeds of that payment are used for the purchase or call of a bond, the person paying the reassessment shall be entitled to credit and reimbursement of his proportion of the interest saved by such purchase or call, less his proportion of any costs incurred for publishing or serving any notice of purchase or call for redemption. (Added by Stats. 1951, Ch. 463.) - 9280. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Payment Under Protest [9280- 9280.] ( Article 4 added by Stats. 1951, Ch. 463. )
Taxpayers may pay a reassessment, related interest, and penalties under protest, but they must include a written protest with the payment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 4. Payment Under Protest [9280- 9280.] ( Article 4 added by Stats. 1951, Ch. 463. ) ## 9280. Taxpayers shall have the same right to pay such reassessment as so entered with interest, and any penalties thereon, under protest as they have to pay general taxes under protest; but in making payment under protest they must accompany the payment with their written protest. (Added by Stats. 1951, Ch. 463.) - 9285. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
Reassessments earn interest from the date they are recorded, at the rate or rates stated in the refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9285. Reassessments shall bear interest from the date of recording of the reassessment at the rate or rates stated in the refunding bonds. (Added by Stats. 1951, Ch. 463.) - 9286. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
Each year, interest must be computed and collected through the next second day of July, without reducing it because an installment is due or was paid earlier in that year.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9286. For each year the interest shall be computed and collected up to the next second day of July succeeding, no deduction being made by reason of any installment of such reassessment being due or paid prior thereto in such year. (Added by Stats. 1951, Ch. 463.) - 9287. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
If the legislative body expects there will not be enough money on hand to pay interest when due, it may order that the interest be collected one year earlier.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9287. Whenever it appears to the legislative body that according to the dates when taxes are collected in the city there will be an insufficient amount on hand to pay the interest then due, according to the method of collection provided in this division, then the legislative body may direct that such interest or some portion thereof be collected in the year preceding that in which it would otherwise be collected under this division. In that event the interest or portion thereof shall be extended on the rolls for the preceding year and be due and collected therein. (Added by Stats. 1951, Ch. 463.) - 9288. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
If refunding bonds are payable in annual series, unpaid reassessments must also be paid in annual series matched to the bond series.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9288. If the refunding bonds are payable in annual series, unpaid reassessments shall be payable in annual series corresponding in number to the number or series of bonds issued, and an even annual proportion of each reassessment shall be payable in each year preceding the date of maturity of each of the several series of bonds issued. (Added by Stats. 1951, Ch. 463.) - 9289. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
If all refunding bonds mature in one year, unpaid reassessments must be paid annually, with an even annual portion due each year before the July interest payment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9289. If the refunding bonds all mature in one year, the unpaid reassessments shall be payable annually and an even annual proportion of each reassessment shall be payable each year preceding the July interest payment. (Added by Stats. 1951, Ch. 463.) - 9290. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
The annual amount due on each reassessment, plus annual interest, must be paid in annual or semiannual installments, depending on how the city collects its general real-property taxes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9290. The annual proportion of each reassessment coming due in any year, together with the annual interest on such reassessment, shall be payable in annual or semiannual installments, whichever is the method of collection of the general taxes of such city on real property. (Added by Stats. 1951, Ch. 463.) - 9291. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. )
Reassessment installments and the annual interest on them must be paid and become delinquent on the same schedule, in the same proportionate amounts, and with the same proportionate penalties and interest as the city’s general real property taxes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Payment and Collection of Reassessments [9250 - 9291] ( Chapter 8 added by Stats. 1951, Ch. 463. ) ## ARTICLE 5. Payment in Installments [9285 - 9291] ( Article 5 added by Stats. 1951, Ch. 463. ) ## 9291. Reassessment installments and the annual interest thereon shall be payable and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property of the city. (Added by Stats. 1951, Ch. 463.) - 93. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may build and maintain detours when highways are blocked or closed, and it may route traffic onto another public highway serving as a detour.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 93. The department may construct and maintain detours as may be necessary to facilitate movement of traffic where state highways are closed or obstructed by construction or otherwise. The department may direct traffic onto any other public highway which will serve as a detour, in which case the department, upon the completion of such use, and upon the request of the local agency having jurisdiction over the highway, shall restore the same to its former condition; provided, that the local agency shall reimburse the department for the amount of all betterment to such highway caused by the restoration. The department shall also reimburse the local agency for all reasonable additional expenses incurred by that agency in maintaining said highway during the period of detour if such additional expenses were caused by said detour. (Amended by Stats. 1959, Ch. 627.) - 9300. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
If payment of a reassessment installment, or related interest or penalties, is in default, the secured lands must be sold in the same way as real property sold for unpaid general taxes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9300. Upon default in payment of any installment of a reassessment, or interest or penalties thereon, the lands securing the reassessments shall be sold in the same manner in which real property in the city is sold for the nonpayment of general taxes, and shall be subject to redemption within one year from date of sale in the same manner as such real property is redeemed from such delinquent sale, and upon failure of such redemption shall in like manner pass to the purchaser. (Added by Stats. 1951, Ch. 463.) - 9301. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
If there is a default on an installment of a reassessment on tax-deeded land, or a default on interest, the land may be sold under this division like other lands.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9301. In the event of default in the payment of any installment of any reassessment upon tax-deeded land or default in the payment of interest thereon, the land may be sold under this division as in the case of other lands. (Added by Stats. 1951, Ch. 463.) - 9302. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
The city must buy property at any delinquent sale and pay the delinquent reassessment and interest into the redemption fund.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9302. The city shall be the purchaser at any delinquent sale in like manner in which it becomes or may become the purchaser of property sold for nonpayment of the general property tax, and shall pay and transfer into the redemption fund the amount of the delinquent reassessment and of the delinquent interest thereon. (Added by Stats. 1951, Ch. 463.) - 9303. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
In certain delinquency sales tied to municipal property tax collected by county officials, the State must buy the property, hold title for the city, and pass sale or redemption money to the city.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9303. If the municipal property tax is collected by county officials and sales for nonpayment of such taxes are made to the State, the State shall be the purchaser at any delinquency sale held pursuant to this division. However, the State shall hold the title acquired at such sale upon behalf of the city and shall account to the city for any money received upon redemption or from the sale of such property. The city, for the purposes of this division, shall be deemed the real purchaser. (Added by Stats. 1951, Ch. 463.) - 9304. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
For lands where a city is treated as the real purchaser, the city and its officials get all rights, powers, duties, and obligations given or imposed by this division.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9304. As to all lands of which any city is deemed the real purchaser under the provisions of this article, such city and all of the officials thereof shall have all of the rights, powers, duties, and obligations granted, authorized, or imposed by this division. (Added by Stats. 1951, Ch. 463.) - 9305. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
Property bought by a city at a delinquency sale generally cannot be sold again if a later reassessment installment or interest is unpaid, unless the property was previously redeemed or is currently being sold for delinquent taxes.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9305. If any succeeding installment of the reassessment on property purchased by a city at a delinquency sale or interest thereon is not paid in any future year, the property shall not be sold unless there has previously been a redemption from such sale or unless under the law it is then being sold for delinquent taxes. (Added by Stats. 1951, Ch. 463.) - 9306. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
The city must pay delinquent reassessment amounts and interest into the redemption fund when due, unless it has already made a resale.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9306. The city shall, unless a resale has been made by it, from time to time, when due pay and transfer into the redemption fund the amount of any future delinquent reassessment and interest pending redemption. No redemption shall be made until any such subsequent payments, with interest and penalties, shall also be paid. (Added by Stats. 1951, Ch. 463.) - 9307. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
If a tax collector sells land for unpaid taxes or related reassessment amounts, any certificate of sale or deed issued is treated as evidence of the regularity of the proceedings.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9307. In the event of sale by the tax collector of any lot or parcel of land for nonpayment of taxes and of any installment of the reassessment thereon, or of the penalties, interest, or costs thereon, or for nonpayment of any installment, penalties, interest, or costs, then any certificate of sale or any deed issued is primary evidence of the regularity of all proceedings theretofore had, and shall be conclusive evidence of all things of which bonds issued upon the security thereof are conclusive evidence, and prima facie evidence of the regularity of all proceedings subsequent to the issuance of the bonds. (Added by Stats. 1951, Ch. 463.) - 9308. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. )
A deed issued under this chapter gives the grantee absolute title to the land, but not free of unpaid installments, interest, penalties, or certain taxes and public improvement assessments.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 1. General Provisions [9300 - 9308] ( Article 1 added by Stats. 1951, Ch. 463. ) ## 9308. A deed issued under this chapter conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, except unpaid installments, interest, and penalties under the same proceeding and except taxes and public improvement assessments which by law are equal or prior to the reassessment on which sale is made. (Added by Stats. 1951, Ch. 463.) - 9315. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. )
If a city or county treasury lacks funds to pay amounts due on property bought at delinquency sales, the tax collector must delay entering the certificate of sale until funds are available.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9315. If there are no available funds in the treasury of the city or county with which to pay sums due on property bought at delinquency sales, the tax collector shall delay the entry of the certificate of sale until such funds are available, making demand in the meantime upon the legislative body that a suitable amount be included in the next tax levy for the purpose of providing funds with which to make such payment. (Added by Stats. 1951, Ch. 463.) - 9316. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. )
A delay in executing a certificate of sale to a city or the State does not extend the redemption period or affect the property owner’s rights or privileges.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9316. The delay in execution of a certificate of sale to a city or to the State referred to in the next preceding section shall not extend the period of redemption from the tax sale; nor shall the rights or privileges of the property owner be thereby affected. (Added by Stats. 1951, Ch. 463.) - 9317. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. )
The legislative body may levy a special city tax, and must do so if the tax collector demands it under Section 9315.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9317. The legislative body may, and in the event of demand by the tax collector therefor as provided in Section 9315 shall, at the time of fixing the annual tax rate and levying the taxes to be collected for general municipal purposes, levy a special tax upon the taxable property in the city for the purpose of paying for the lands purchased or to be purchased at delinquency sales held pursuant to this division, or for the purpose of paying installments of the reassessment or of interest which the city is required to pay, but not to exceed for each district, the bonds of which are refunded, ten cents ($0.10) on each one hundred dollars ($100) of assessable property. (Added by Stats. 1951, Ch. 463.) - 9318. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. )
The special tax in this chapter is added on top of all other taxes and is handled the same way as other city taxes for computation, entry, collection, penalties, and interest.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Sale for Delinquency [9300 - 9318] ( Chapter 9 added by Stats. 1951, Ch. 463. ) ## ARTICLE 2. Procedure When Funds Not Available for Payment [9315 - 9318] ( Article 2 added by Stats. 1951, Ch. 463. ) ## 9318. The special tax provided for in this chapter shall be in addition to all other taxes and shall be computed, entered, and collected in the same manner and by the same persons and at the same time and with the same penalties and interest as are other taxes of the city. (Added by Stats. 1951, Ch. 463.) - 9350. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
If reassessment amounts, installments, or related interest are unpaid and delinquent, the legislative body may order them collected through an action in superior court to foreclose the lien, subject to a four-year time limit.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9350. In the event of nonpayment of any reassessment or installment thereof or of any interest thereon, together with any penalties and other charges accruing under the laws or ordinances of the city and not later than four years after the due date of the last installment of principal, as a cumulative remedy, such amounts when due and delinquent may by order of the legislative body be collected by an action brought in the superior court to foreclose the lien thereof. (Added by Stats. 1951, Ch. 463.) - 9351. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
A reassessment lien on tax-deeded land may be foreclosed the same way as other lands.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9351. The lien of a reassessment on tax-deeded land may be foreclosed as in case of other lands. (Added by Stats. 1951, Ch. 463.) - 9352. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
The city must bring the foreclosure action in the city’s name, and it may do so only within four years after delinquency of the last reassessment installment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9352. The action shall be brought in the name of the city and may be brought at any time prior to the expiration of four years subsequent to the date of delinquency of the last installment of reassessment due or to become due thereunder. (Added by Stats. 1951, Ch. 463.) - 9353. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
A complaint in this type of foreclosure case may be kept brief and include only certain stated allegations about the reassessment and the bonds.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9353. The complaint may be brief and include substantially only the following allegations with reference to the reassessments sought to be collected: (a) That on a date stated the legislative body passed its resolution or ordinance determining to refund certain bonds which had been issued for certain improvement work (the improvement work need not be described). (b) That a reassessment for the purpose of refunding the bonds was duly given and made. (c) That the reassessment was recorded on a stated date. (d) That certain property (describing it) was therein reassessed a stated amount. (e) That bonds upon the security of such reassessment were duly issued, giving the date of the bonds, the interest rate, and the number of years the last installment thereof was to run, and that the bonds were duly issued, but it shall be unnecessary to state the amount, number, denomination, or other term thereof. (f) That on a date stated a certain sum came due on the property on the reassessment and had not been paid and that the legislative body had directed the action to foreclose. (Added by Stats. 1951, Ch. 463.) - 9354. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
The court must fix and allow the costs of the action, including reasonable attorney’s fees, interest, penalties, and other charges and advances provided in this division, and those costs must be included in the judgment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9354. The costs of the action shall be fixed and allowed by the court and shall include a reasonable attorney’s fee, interest, penalties, and other charges and advances as provided in this division, and when so fixed and allowed by the court shall be included in the judgment. (Added by Stats. 1951, Ch. 463.) - 9355. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
Penalties, costs, and interest due must be calculated only up to the date of judgment.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9355. The amount of penalties, costs and interest due shall be calculated up to the date of judgment. (Added by Stats. 1951, Ch. 463.) - 9356. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
The court may declare a lien on the reassessed land for the judgment amount and may order the land sold on execution.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9356. The court may adjudge and decree a lien against the lot or parcel of land covered by the reassessment for the amount of the judgment and may order the premises to be sold on execution as in other cases of the sale of real estate by the process of the court. (Amended by Stats. 1982, Ch. 497, Sec. 174. Operative July 1, 1983, by Sec. 185 of Ch. 497.) - 9357. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. )
On appeal, appellate courts have the same power as the superior court to declare a lien and order the premises sold on execution.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9357. On appeal, the appellate courts shall have the same power to adjudge and decree a lien and order such premises to be sold on execution as is provided in this chapter for the superior court. (Added by Stats. 1951, Ch. 463.)
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