Streets and Highways Code
Part 23 of 23 · provisions 4,401–4,572
This section says the act is named the Streets and Highways Code.
- Jurisdiction
- United States — California
- Instrument
- Code
- Citation
- SHC
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
- Complete work
- View statute overview
Statute overview
About this statute
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.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Streets and Highways Code
Showing 172 of 4,572
- 9358. 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. )
Foreclosure actions under this chapter are governed by this chapter and, when not inconsistent with it, by the state codes.
## Streets and Highways Code - SHC ## 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. ) ## 9358. The foreclosure action shall be governed and regulated by the provisions of this chapter, and also where not in conflict herewith by the codes of this state. (Added by Stats. 1951, Ch. 463.) - 9359. 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. )
When foreclosure actions are ordered, the tax collector must be credited on the assessment roll and is relieved of further duty for 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 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9359. Upon the ordering of any of the foreclosure actions the tax collector shall be credited upon the assessment roll then in his hands with the amount charged against him on account of reassessments ordered to suit and shall be relieved of further duty in regard thereto. (Added by Stats. 1951, Ch. 463.) - 9360. 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. )
In a foreclosure action on a reassessment lien, any refunding bond is conclusive evidence that the reassessment proceedings, the reassessment, and the refunding bond were regular and valid.
## Streets and Highways Code - SHC ## 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. ) ## 9360. In any action to foreclose the lien of a reassessment, any refunding bond shall be conclusive evidence of the regularity and validity of the reassessment proceedings and of the reassessment and of the refunding bond. (Added by Stats. 1951, Ch. 463.) - 9361. 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 city may advance and pay county or other taxes when needed to protect its interest in property subject to a delinquent 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 10. Foreclosure of Reassessment Lien [9350 - 9362] ( Chapter 10 added by Stats. 1951, Ch. 463. ) ## 9361. A city shall have the right to advance and pay county or other taxes wherever necessary to protect its interest in property against which there is a delinquent reassessment. (Added by Stats. 1951, Ch. 463.) - 9362. 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 foreclosure of a reassessment lien transfers the property to the purchaser free of encumbrances, except taxes and special assessment liens that are by law equal or superior to the reassessment lien.
## Streets and Highways Code - SHC ## 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. ) ## 9362. Any foreclosure of a reassessment lien shall convey the property to the purchaser free and clear of all encumbrances except such taxes and special assessment liens as are by law equal or superior to said reassessment lien. (Added by Stats. 1951, Ch. 463.) - 94. 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 enter into contracts needed to perform its duties, including with federally recognized Indian tribes and their entities.
## 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. ) ## 94. (a) The department may make and enter into any contracts in the manner provided by law that are required for performance of its duties, including with federally recognized Indian tribes and entities owned by those tribes. (b) To implement off-reservation traffic impact mitigation contracts with federally recognized Indian tribes, or entities owned by those tribes, all of the following shall apply: (1) The contract shall provide for the full reimbursement of expenses and costs incurred by the department in the exercise of its contractual responsibilities. Funds for the project shall be placed in an escrow account before project development. (2) The proposed transportation project shall comply with all applicable state and federal environmental impact and review requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) The department’s work on the transportation project under the contract shall not jeopardize or adversely affect the completion of other transportation projects included in the adopted State Transportation Improvement Program. (4) The transportation project is included in or consistent with the affected regional transportation plan. (Amended by Stats. 2023, Ch. 137, Sec. 1. (AB 630) Effective January 1, 2024.) - 94.3. 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. )
If certain federal highway-contract rules do not apply to solely state-funded highway contracts, the department must develop a comparable program for those contracts.
## 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. ) ## 94.3. To the extent that existing provisions of Part 23 (commencing with Section 23.1) of Title 49 of the Code of Federal Regulations, as amended April 27, 1981, are not applicable to highway contracts awarded by the department that are solely state funded, the department shall develop a program to implement comparable provisions applicable to those contracts. (Added by Stats. 1981, Ch. 790, Sec. 4.) - 94.4. 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. )
This section makes several kinds of fraud and obstruction related to minority business enterprise certification unlawful and allows penalties and restrictions.
## 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. ) ## 94.4. (a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this article. (2) Willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority business enterprise. (3) Willfully and knowingly obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise. (4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this article. (b) Any person who is found by the department to have violated any of the provisions of subdivision (a) is subject to a civil penalty of not more than five thousand dollars ($5,000). (c) If a contractor, subcontractor, supplier, subsidiary, or affiliate thereof, has been found by the department to have violated subdivision (a) and that violation occurred within three years of another violation of subdivision (a) found by the department, the department shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof, from entering into a state project or state contract and from further bidding to a state entity, and from being a subcontractor to a contractor for a state entity and from being a supplier to a state entity. (d) For the purposes of this section, “minority” means an individual who can be identified as being part of one of the following groups: (1) Black Americans, including, but are not limited to, persons having origins in any of the Black racial groups of Africa. (2) Hispanic Americans, including, but are not limited to, persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. (3) Native Americans, including, but are not limited to, persons who are American Indians, Inuit, Aleuts, or Native Hawaiians. (4) Asian-Pacific Americans, including, but are not limited to, persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas. (5) Asian-Indian Americans, including, but are not limited to, persons whose origins are from India, Pakistan, and Bangladesh. (6) Those persons determined by the department, on a case-by-case basis, as socially and economically disadvantaged in accordance with applicable federal regulations. (e) For the purposes of this section, “minority business enterprise” means a small business concern, as defined in Section 632 of Title 15 of the United States Code, and which also meets the following requirements: (1) It is at least 51 percent owned by one or more women or minority individuals or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women or minority individuals. (2) Its management and daily business operations are controlled by one or more of the women or minority individuals who own it. (Amended by Stats. 2025, Ch. 67, Sec. 181. (AB 1170) Effective January 1, 2026.) - 940. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Boards of supervisors must supervise, manage, and control county highways.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 940. Boards of supervisors shall have general supervision, management, and control of the county highways. (Enacted by Stats. 1935, Ch. 29.) - 9400. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
The legislative body must provide for the issuance of 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9400. The legislative body shall provide for the issuance of the refunding bonds. (Added by Stats. 1951, Ch. 463.) - 9401. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds may not be issued for more than the par value of the outstanding bonds plus the due and unpaid interest coupons being refunded.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9401. In no event shall refunding bonds be issued for more than the par value of the outstanding bonds and the due and unpaid interest coupons to be refunded. (Added by Stats. 1951, Ch. 463.) - 9402. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds are to represent and be secured by the specified reassessments and any later reassessments on the same property.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9402. The refunding bonds shall represent and be secured by said reassessments and any later reassessments which may be levied or issued upon the same property in lieu of said assessments. (Added by Stats. 1951, Ch. 463.) - 9403. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds issued under this division must follow specified form and signing requirements, and the first two interest coupons must carry a lower rate than 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9403. Refunding bonds issued pursuant to this division shall comply with the following requirements: (a) Bonds shall be in such denominations as the legislative body may determine. (b) Bonds shall be payable to bearer. (c) The date of the bonds shall be the date of the recording of the reassessment. (d) Bonds shall be signed by the mayor or other chief executive of the city and by the city treasurer, and attested by the city clerk, the seal of the city affixed thereto. (e) Bonds shall be numbered consecutively and shall bear interest and mature as provided in the contract with the bondholders. (f) The coupons affixed to the bonds shall be signed by the city treasurer by his printed, lithographed, or engraved facsimile signature. (g) At least the first two maturing interest coupons on the bonds must be at a rate of interest less than the interest rate on the bonds to be refunded. (Added by Stats. 1951, Ch. 463.) - 9404. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
All refunding bonds must mature on July 2d.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9404. All of the refunding bonds shall mature on July 2d. (Added by Stats. 1951, Ch. 463.) - 9405. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
The first maturity date for any refunding bonds cannot be earlier than the second day of July after 10 months from the bond date.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9405. In no event shall the first maturity of any refunding bonds be earlier than the second day of July next succeeding 10 months after the date of the bonds. (Added by Stats. 1951, Ch. 463.) - 9406. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds may not have a last maturity later than 19 years after the stated reference date.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9406. The last maturity of any refunding bonds shall not exceed 19 years from the second day of July next succeeding 10 months after the date of said bonds. (Added by Stats. 1951, Ch. 463.) - 9407. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
The interest rate on refunding bonds may not be higher than the interest rate on the 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9407. The rate of interest on refunding bonds shall not exceed the rate of interest on the outstanding bonds. (Added by Stats. 1951, Ch. 463.) - 9408. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Interest on refunding bonds is payable each year on January 2 and July 2.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9408. The interest on refunding bonds shall be payable on January 2d and July 2d, respectively, of each year. (Added by Stats. 1951, Ch. 463.) - 9409. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
The first interest payment on these bonds must be timed to January 2 before the second July after 10 months from the bond date.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9409. The first interest payment on such bonds shall in every case be January 2d next preceding the second day of July next succeeding 10 months after the date of the bonds. (Added by Stats. 1951, Ch. 463.) - 941. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Boards of supervisors must establish, record, construct, and maintain highways needed for public convenience, and roads do not become county highways until accepted into the county road system.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941. (a) Boards of supervisors shall, by proper order, cause those highways which are necessary to public convenience to be established, recorded, constructed, and maintained in the manner provided in this division. (b) No public or private road shall become a county highway until and unless the board of supervisors, or its designee, by appropriate action, has caused the road to be accepted into the county road system. No county shall be held liable for failure to maintain any road unless and until it has been accepted into the county road system by action of the board of supervisors or its designee. (c) The acceptance of any road or the acceptance of any road subject to improvements pursuant to Section 66477.1 of the Government Code does not constitute the acceptance of the road into the county road system in the absence of the adoption of a resolution by the board of supervisors accepting the road into the county road system. (d) In lieu of the procedures set forth in subdivisions (b) or (c), boards of supervisors may, by ordinance, designate a county officer to accept, on behalf of the board, roads or portions thereof, into the county road system and to record conveyances to the county of real property interests for road uses and purposes. The designee shall, prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the county road system and designating the name or number, or both, of the county road. The designee shall report all acceptances and recordings to the board at the end of the fiscal year, or at more frequent intervals as determined by the board. (Amended by Stats. 1988, Ch. 132, Sec. 1.5.) - 941.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may lay out, acquire, construct, and maintain county streets or highways as freeways or expressways, and may convert existing streets or highways into freeways or expressways.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941.1. The board of supervisors may lay out, acquire, construct, and maintain any section or portion of any street or highway within the county as a freeway or expressway and may make any existing street or highway a freeway or expressway. (Amended by Stats. 1989, Ch. 367, Sec. 3.) - 941.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Boards of supervisors may close streets or highways near freeway intersections and do necessary related work. A public highway cannot be converted into a freeway unless abutting owners consent or their access rights are purchased or condemned.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941.2. Boards of supervisors may close any street or highway within their jurisdiction at or near the point of its intersection with any freeway, or may make provision for carrying such street or highway over, under, or to a connection with the freeway, and may do any and all work on such street or highway as is necessary therefor. No public highway shall be converted into a freeway except with the consent of the owners of abutting lands or the purchase or condemnation of their right of access thereto. (Added by Stats. 1951, Ch. 463.) - 941.3. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Before an action under Section 941.2 affecting a state highway, the Department of Public Works must approve it.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941.3. Before taking any action authorized by Section 941.2 affecting any state highway, such action must be approved by the Department of Public Works. (Added by Stats. 1951, Ch. 463.) - 941.4. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may designate a county expressway system and work with cities and other counties on expressway planning, construction, and connections, but city streets cannot be closed or connected without the required agreement or board consent.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941.4. (a) The board of supervisors, with the consent of any city in which the proposed system is located, in whole or in part, may designate a system of expressways within the county. The designation shall be based on a study of the transportation needs of the county, which shall include a financing plan for the expressway system. (b) The purpose of the county expressway system is to provide a level of service that is greater than that of city streets and county roads, but less than that provided by the state system of freeways. The designated county expressway system shall serve both incorporated and unincorporated areas of a county, as appropriate. (c) The board of supervisors may enter into an agreement with the city council or other governing body of a city to close any city street at or near its intersection with an expressway or to provide for carrying the street over, under, or to a connection with the expressway, and to perform any work necessary for this purpose. No city street may be closed by the construction of an expressway except pursuant to such an agreement. No city street may be connected with an expressway unless the board of supervisors, by resolution, consents and specifies the terms and conditions of that connection. The board of supervisors may permit or prohibit, or specify the terms and conditions of, a connection as, in its opinion, will best serve the public interest of the county. This subdivision does not apply to any connection constructed prior to January 1, 1989. (d) Notwithstanding any other provision of this division, the designated county expressway system may be planned, designed, acquired, constructed, reconstructed, rehabilitated, maintained, operated, and owned by the county in both incorporated and unincorporated areas. (e) The board of supervisors may delegate any authority under this section to any local agency which it finds and determines has the capability to plan, design, acquire, construct, reconstruct, rehabilitate, maintain, operate, and own an expressway. (f) The boards of supervisors of two or more adjacent counties into which an expressway is proposed to extend may enter into an agreement to plan, design, acquire, construct, reconstruct, rehabilitate, maintain, operate, or own the expressway. The agreement shall provide for the creation of a governing body with representation from each county. (g) Any county having an existing expressway system which was designated by the board of supervisors before January 1, 1989, shall be deemed to have met the conditions of this section. Any new expressway project within such a system is subject to this section. (h) As used in this section, “expressway” means a highway having partial or complete control of access, whether or not divided or with separations of grade at intersections. (Added by Stats. 1989, Ch. 367, Sec. 4.) - 941.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
When a county highway lies on the boundary between two adjacent counties, the affected counties’ boards of supervisors may agree to improve, maintain, construct, or reconstruct all or part of the highway, and each county may spend available highway funds to carry out that agreement.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 941.6. If the boundary line between two adjacent counties lies within a county highway, the boards of supervisors of the affected counties may, by agreement, provide for the improvement, maintenance, construction, or reconstruction of all or part of the highway by either or both counties, and each county may expend funds available to it for the improvements and maintenance of county highways as necessary for its performance of the agreement. (Added by Stats. 1995, Ch. 766, Sec. 1. Effective January 1, 1996.) - 9410. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds and their interest must be paid at the treasurer’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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9410. Refunding bonds and the interest thereon shall be paid at the office of the treasurer. (Added by Stats. 1951, Ch. 463.) - 9411. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
This section provides the standard form for a refunding improvement 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9411. Refunding bonds may be issued in substantially the following form: United States of America State of California No. City of $ Refunding Improvement Bond Under and by virtue of an act of the Legislature of the State of California, designated as “Refunding Act of 1935 for 1915 Improvement Act Bonds,” the ____ of the State of California, will, on the second day of July, 19__, out of the redemption fund for the payment of the bonds issued upon the reassessments made for the work upon and improvements on certain streets (or on ____ street, or in improvement district No. ____, or on certain rights of way owned by, or by other suitable description, or for the laying out, opening, extending, widening, straightening or acquiring of certain streets) more fully described in that certain resolution, or ordinance of intention passed by the city council (or other board) of the municipality on the ____ day of ____, 19__, pay to bearer the sum of ____ ($ _____) with interest thereon from the ____ day of ____, 19__, to the ____ day of ____, 19__ at the rate of __ percent per annum, and thereafter at the rate of __ percent (__%) per annum, payable semiannually on the second days of January and July of each year upon presentation of the proper interest coupons therefor, both principal and interest payable at the office of the treasurer of the aforesaid ____. This bond is one of an issue of refunding bonds of like date and effect issued under the above-mentioned act for the purpose of refunding the bonds issued under the Improvement Bond Act of 1915 for the purpose of providing means for paying for the work and improvements described in the resolution (or ordinance) of intention and is secured by the moneys in the redemption fund and by the unpaid reassessments made for the payment of the work, and, including principal and interest, is payable exclusively out of the redemption fund. This bond will continue to bear interest after maturity at the rate above stated, provided it is presented at maturity or within 10 days thereafter and payment thereof is refused upon the sole ground that there is not sufficient money in the redemption fund to pay it. If it is not so presented, interest thereon will run until maturity. This bond may be redeemed and paid in advance of maturity upon the second day of January or July in any year by giving the notice provided in the refunding bond act. It is hereby certified, recited, and declared that all proceedings, acts, and things required by law precedent to or in the issuance of this bond have been regularly had, done, and performed and this bond is by law made conclusive evidence thereof. In witness whereof, ____ has caused this bond to be signed by the mayor (or other chief executive) and the treasurer of ____ and by its clerk and has caused its clerk to affix thereto its corporate seal, all on the ____ day of ____, 19__. Mayor. Treasurer. Attest: City Clerk. (seal) (Added by Stats. 1951, Ch. 463.) - 9412. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Each refunding bond is conclusive evidence that the issuance proceedings were regular and that the bonds are valid.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9412. Each bond shall be conclusive evidence of the regularity of all proceedings for the issuance of refunding bonds and of the validity of said bonds and of all proceedings of which the bonds refunded were conclusive evidence. (Added by Stats. 1951, Ch. 463.) - 9413. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Refunding bonds must be delivered to the holders of the outstanding bonds under the bondholders’ 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9413. The refunding bonds shall be delivered to the holders of the outstanding bonds in accordance with the contract with such bondholders. (Added by Stats. 1951, Ch. 463.) - 9414. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
After refunding bonds are exchanged for outstanding bonds, the city treasurer must cancel the outstanding bonds and file them with the treasurer, except for sums that property owners have elected in writing to pay from 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9414. When the refunding bonds have been exchanged for the outstanding bonds, the outstanding bonds, except as to any sum payable from assessments which property owners have by written notice elected to pay, shall be canceled by the city treasurer and shall be filed in the office of the treasurer. (Added by Stats. 1951, Ch. 463.) - 9415. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
If the city has appropriated money to help refund the bonds, it must pay that money to the holders of the outstanding bonds under the bondholders’ 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9415. If the city has appropriated money to assist in the refunding, such money shall be paid to the holders of outstanding bonds in accordance with the contract with the bondholders. (Added by Stats. 1951, Ch. 463.) - 9416. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
Challenges to the validity of refunding bonds under this division are barred unless brought within 3 months after issuance.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9416. The validity of any refunding bonds issued under this division shall not be contested in any action, suit or proceeding unless such action or proceeding shall have been brought within three months after the issuance of such bonds. (Added by Stats. 1951, Ch. 463.) - 9417. 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 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. )
The treasurer must keep a register in his office for bonds and paid interest coupons, and must cancel and file each paid bond and coupon.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 11. Issuance of Refunding Bonds [9400 - 9417] ( Chapter 11 added by Stats. 1951, Ch. 463. ) ## 9417. The treasurer shall keep a register in his office which shall show the series, number, date, amount, rate of interest, and last known holder of each bond and the number and amount of each interest coupon paid by him. He shall cancel and file each bond and coupon paid. (Added by Stats. 1951, Ch. 463.) - 942. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
County boards of supervisors may make and enforce highway rules and may let county road equipment for use, charge rental, and set compensation terms under stated voting and condition limits.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 942. Such boards may enact and enforce ordinances and regulations for the construction, improvement or maintenance of county highways, and for the protection, supervision, management, control, or use of such highways. Any such board may by a four-fifths vote of all its members let county equipment used in the maintenance and construction of county roads, when such equipment is not in use upon the roads under the jurisdiction of the board, and may charge for the use thereof a rental, and arrange the basis of compensation, in keeping with the general conditions prevailing in the county in which the transaction is made. (Amended by Stats. 1941, Ch. 770.) - 942.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may restrict or close a county highway when it considers that necessary for public protection, storm protection, or construction, improvement, or maintenance work.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 942.5. The board of supervisors may restrict the use of, or close, any county highway whenever the board considers such closing or restriction of use necessary: (a) For the protection of the public. (b) For the protection of such county highway from damage during storms. (c) During construction, improvement or maintenance operations thereon. No liability shall attach to the county, or to the board of supervisors, for the restriction of use, or closing, of any county highway for the above public purposes. This section does not constitute a change in, but is declaratory of, the pre-existing law. (Added by Stats. 1957, Ch. 1876.) - 942.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may delegate the powers in Section 942.5 to the county road commissioner.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 942.6. The board of supervisors may delegate the powers contained in Section 942.5 to the county road commissioner. (Added by Stats. 1967, Ch. 488.) - 943. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may manage county highway property and works, and must direct the district attorney to start eminent domain proceedings when needed.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 943. Such board may: (a) Acquire any property necessary for the uses and purposes of county highways. When eminent domain proceedings are necessary, the board shall require the district attorney to institute such proceedings. The expense of and award in such proceedings may be paid from the road fund or the general fund of the county, or the road fund of any district benefited. (b) Lay out, construct, improve, and maintain county highways. (c) Incur a bonded indebtedness for any of such purposes, subject to the provisions of Section 944. (d) Construct and maintain stock trails approximately paralleling any county highway, retain and maintain for stock trails the right-of-way of any county highway which is superseded by relocation. Such stock trail shall not be included in the term “maintained mileage of county roads” as that term is used in Chapter 3 (commencing with Section 2100) of Division 3 of this code. (Amended by Stats. 1975, Ch. 1240.) - 944. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county may not incur bonded debt for the listed purpose until the bond question is put to county voters and approved by two-thirds of those voting.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 944. No bonded indebtedness shall be incurred for any purpose specified in section 943 until after the question of the issue of bonds therefor has been submitted to the qualified electors of the county, at the next general election or at a special election called for that purpose, and two-thirds of the electors of the county voting at such election have voted in favor of issuing such bonds. The election shall be called and held and the bonds, if authorized, shall be issued, sold, and made payable as prescribed by law. (Enacted by Stats. 1935, Ch. 29.) - 945. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Boards of supervisors may use county general funds to pay all or part of certain highway improvement costs, but only when county-owned public-use property is in the assessment district and only up to the amount that would otherwise be chargeable to that property.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 945. Such boards may expend from the county general fund the moneys necessary to pay the whole or any part of the cost of the improvement of any highway lying within any city in the county, whenever any real property belonging to the county and used for public purposes is included within the assessment district formed to pay for any such improvement. Such expenditures shall not exceed the amount which, but for such public ownership and use, would be properly chargeable to and assessed against such real property under the provisions of the law governing such improvement. (Enacted by Stats. 1935, Ch. 29.) - 9450. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
If the redemption fund has at least $2,000 available for bond principal and that money is not being collected for bonds maturing next July 2, the city must purchase or call bonds under 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9450. Whenever there is in the redemption fund two thousand dollars ($2,000) or more available for the payment of principal of bonds, and not collected for the purpose of paying the principal of bonds maturing on the next second day of July, the city shall purchase or call bonds as provided in this chapter. (Added by Stats. 1951, Ch. 463.) - 9451. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
The treasurer must publish notice, invite sealed proposals for refunding bonds, include key sale details in the notice, and mail a copy to requesting bondholders at least 10 days before the designated date.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9451. The treasurer shall, by notice published once not less than 30 days prior to the date designated in some financial journal having a national circulation, invite sealed proposals for the sale of any of the refunding bonds to the city. The notice shall state the amount available for the purchase of such bonds and shall specify the time and place when proposals will be opened. The treasurer shall also, at least 10 days prior to the date so designated, mail a copy of the invitation for sealed proposals to any bondholder who has theretofore in writing requested such notice. (Added by Stats. 1951, Ch. 463.) - 9452. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
Bond sale proposals must be opened publicly at the time and place stated in the notice.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9452. The proposals for the sale of bonds shall be opened in public at the time and place specified in the notice. The legislative body in its discretion may reject any or all of the proposals. (Added by Stats. 1951, Ch. 463.) - 9453. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
If no qualifying bond purchase proposals or tenders are received, the treasurer must set aside enough money to cover principal and accrued interest and then redeem the bonds in numerical order.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9453. If no proposals are received at a price of less than par and accrued interest, or if an insufficient amount of bonds are tendered at less than par and accrued interest to exhaust, as nearly as possible, the money available for purchase of bonds, the treasurer shall set aside a sum sufficient to pay the principal and accrued interest to the next interest payment date of the bonds to be called for redemption and shall proceed to call for redemption, in numerical order, at par and accrued interest to the next interest payment date, such outstanding bonds as can be retired from said funds. (Added by Stats. 1951, Ch. 463.) - 9454. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
Bond redemption notices must be published once in a nationally circulated financial journal, unless the bondholders waive notice in writing.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9454. Notice of the calling of bonds for redemption shall be given by publication once in a financial journal having a national circulation, unless the holders of the bonds to be called, in writing, waive such notice. The date of publication of notice shall be not less than 30 days prior to the date so fixed for redemption. Interest on the bonds so called shall cease upon the redemption date. (Added by Stats. 1951, Ch. 463.) - 9455. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
The treasurer must cancel refunding bonds that have been purchased or redeemed pursuant to call.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9455. All refunding bonds so purchased or redeemed pursuant to call shall be canceled by the treasurer. (Added by Stats. 1951, Ch. 463.) - 9456. 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. )
All publication costs under this chapter must be paid from 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 12. Advance Retirement of Bonds [9450 - 9456] ( Chapter 12 added by Stats. 1951, Ch. 463. ) ## 9456. All costs of publication provided for in this chapter shall be payable from the redemption fund. (Added by Stats. 1951, Ch. 463.) - 946. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The county is not liable for a city-conducted improvement unless the board adopts a resolution that sets the amount to be spent and reserves that sum from the county general fund.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 946. No liability shall be created against the county in connection with any such improvement conducted by a city unless the board, by resolution, determines and declares the amount to be expended and directs that such sum be set apart and reserved out of any moneys available for such purpose in the general fund of the county, to be used exclusively for paying the expense of such improvement. (Enacted by Stats. 1935, Ch. 29.) - 947. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Documents or judgments proving title to a county highway right of way must specifically describe the lands covered.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 947. Every instrument or judgment which constitutes evidence of title to a right of way, or incident thereto, in relation to county highways shall particularly describe the lands included in such right of way or incident. (Enacted by Stats. 1935, Ch. 29.) - 9475. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
After a reassessment is confirmed, it may only be challenged in the time and manner set out in 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9475. After the reassessment has been confirmed it shall not be contested in any way other than at the time and in the manner specified in this chapter, and in any such action all findings, conclusions, and determinations of the legislative body which conducted the reassessment proceedings shall be conclusive in the absence of actual fraud. (Repealed and added by Stats. 1961, Ch. 1525.) - 9476. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
Defects in the form of a reassessment, or statutory defects in related reassessment and refunding proceedings, do not invalidate the reassessment or any refunding 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9476. No defect in the form of any reassessment levied pursuant to this division and no statutory defect in any of the proceedings relating to the reassessment and refunding shall in any way invalidate any reassessment or any refunding bond. (Repealed and added by Stats. 1961, Ch. 1525.) - 9477. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
Small computation errors do not invalidate the listed bond-related documents if the error is comparatively negligible or favors the affected property owner.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9477. No bond, coupon, assessment, or installment thereof or of the interest or penalties thereon, and no certificate of sale or deed shall be held invalid for error in the computation of the proper amount due on it if the error be found to be comparatively negligible or be found to be in favor of the owner of real property affected thereby. (Repealed and added by Stats. 1961, Ch. 1525.) - 9478. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
A court action may be brought to determine whether a reassessment and related refunding bonds are valid.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9478. An action to determine the validity of a reassessment and of any refunding bonds issued or to be issued thereon may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose the reassessment shall be deemed to be in existence upon its confirmation. (Repealed and added by Stats. 1961, Ch. 1525.) - 9479. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
If a reassessment or refunding bond is found invalid on grounds that would affect the whole reassessment or bond issue, the refunded unpaid bonds stay effective. If those unpaid bonds were canceled, the city treasurer must issue replacement bonds with the same terms 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9479. If any reassessment or any refunding bond is held illegal or invalid in any action or proceeding upon any ground which would apply to the entire reassessment or the entire issue of refunding bonds, then the unpaid bonds refunded remain in full force and effect. If the unpaid bonds have been canceled the treasurer of the city which conducted the invalid refunding or reassessment proceedings shall issue new bonds of the same tenor, force, and effect as the canceled unpaid bonds. (Repealed and added by Stats. 1961, Ch. 1525.) - 948. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
County boards of supervisors must record title evidence for every county highway right-of-way with the county recorder, and may delegate that duty by ordinance.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 948. The board of supervisors of each county shall cause to be recorded with the county recorder, in relation to every county highway within the county, proper evidences of title to every right-of-way, and all incidents thereto. The board of supervisors may, by ordinance, delegate this duty to a county officer or employee. In cases of acquisitions by conveyance or condemnation, the property or incidents conveyed or condemned shall be particularly described in the instruments recorded. (Amended by Stats. 1988, Ch. 132, Sec. 2.) - 9480. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
If refunding bonds are invalidated or found illegal, the rules of the original bond act still apply to the original bonds and to replacement bonds issued under Section 9479.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9480. If refunding bonds are invalidated or held to be illegal, all of the provisions of the act under which the original bonds were issued shall apply to the original bonds and to any bonds issued under Section 9479 to replace such original bonds. (Repealed and added by Stats. 1961, Ch. 1525.) - 9481. 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 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. )
A person generally cannot bring or maintain actions challenging reassessments or refunding bonds, unless the action was started within the time allowed by the Civil Procedure Code.
## Streets and Highways Code - SHC ## DIVISION 11. REFUNDING OF BONDS ISSUED UNDER THE “IMPROVEMENT BOND ACT OF 1915” [9000 - 9481] ( Division 11 added by Stats. 1951, Ch. 463. ) ## CHAPTER 13. Validating Proceedings [9475 - 9481] ( Chapter 13 repealed and added by Stats. 1961, Ch. 1525. ) ## 9481. No action or proceeding to set aside, cancel, avoid, annul, or correct any reassessment levied under this division, or to review any of the proceedings, acts, or determinations made in the proceedings for the reassessment and the issuance of refunding bonds, or to question the validity of or enjoin the collection of the reassessment or any of the reassessments therein, or to enjoin the issuance of any bonds to represent reassessments, shall be maintained by any person, nor shall any person urge, plead, or prove the invalidity of any reassessment or any refunding bond in any action, unless such action shall have been commenced within the time provided for by Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 1961, Ch. 1525.) - 949. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may plant and care for shade and ornamental trees on county highways, encourage others to do the same under its regulations, and pay up to $1 for planting and cultivating a living tree when it is four years old.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 949. The board of supervisors may plant shade and ornamental trees on the county highways, and provide for their care. The cost of planting and caring for such trees may be paid from the county general fund. The board may also encourage, under such regulations as it adopts, the planting and preservation of shade and ornamental trees on the county highways, and may pay a sum not exceeding one dollar to any person planting and cultivating a living tree, payment to be made when the tree is four years of age. (Enacted by Stats. 1935, Ch. 29.) - 95. 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 keep doing snow removal on part of a state highway that was relocated, but only if the county or counties consent and the other stated 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. ) ## 95. Whenever the commission relinquishes any portion of any state highway superseded by relocation and the construction of a freeway and when the department has prior to relinquishment maintained snow removal operations on the portion of state highway relinquished and when property having access to the relinquished portion of state highway was developed for winter recreational purposes at the time of relinquishment, the department may with the consent of the county or counties to which the road is relinquished, maintain snow removal operations on all or a portion of the state highway which has been superseded by relocation. (Added by Stats. 1959, Ch. 2149.) - 95.5. 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 remove snow from a described portion of former U.S. Route 40 near Donner Memorial Park and Donner Lake, starting from November 8, 1967.
## 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. ) ## 95.5. From and after November 8, 1967, the department shall remove snow from that portion of former U.S. Route 40, which has been superseded by the relocation and construction of Interstate Route 80, commencing at its intersection with Interstate Route 80 near Donner Memorial Park westerly approximately four miles to the vicinity of Donner Lake. (Repealed and added by Stats. 1971, Ch. 2.) - 95.6. 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 create and carry out a deicing policy for state highways by July 1, 1992, and submit the plan 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. ) ## 95.6. (a) The department shall adopt and implement, on or before July 1, 1992, a deicing policy for state highways. The policy shall be set forth in a plan and method for deicing state highways, using all appropriate deicing technologies, while at the same time maintaining highway safety. (b) The plan shall be submitted to the Legislature on or before July 1, 1992. All or part of the elements of the plan shall be incorporated in the department’s budget proposal for the 1992–93 fiscal year and budget proposals for subsequent fiscal years. The department shall examine all possible funding sources. (c) The plan shall include, but not be limited to, all of the following: (1) A review of research conducted in California and other states on the use of deicing salt substitutes and deicing technologies. (2) When available, the incorporation of applicable technical findings of the ongoing study by the Transportation Research Board of the National Research Council which will analyze the costs to the public and private sectors, including, but not limited to, damage to vegetation, highway structures, and motor vehicles, of using salt as a deicing agent as compared with the use of commercially available substitute deicing materials or techniques. (3) A plan for reducing or eliminating the use of salt as a primary deicing agent on specified routes, including, but not limited to, State Highway Routes 28, 50, 80, and 89 in the Lake Tahoe Basin, and substituting environmentally safe deicing techniques where significant environmental damage has already occurred, in accordance with the legislative intent expressed in subdivision (f) of Section 1 of the act which added this section. (4) An analysis of the direct cost to each state transportation district for both initial capital costs, including repair of road salt’s environmental damage, and annual costs to convert to an environmentally safe deicing policy. (Added by Stats. 1991, Ch. 318, Sec. 2.) - 950. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may build, maintain, buy, lease, and fund water-related facilities used to sprinkle county highways with oil or water.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 950. For the purpose of sprinkling county highways with oil or water, the board of supervisors may erect or maintain waterworks, tanks or reservoirs, and may purchase or lease real or personal property therefor. The board may charge the cost of erecting or maintaining such waterworks, tanks or reservoirs and of such sprinkling to the county general fund, the road fund, or the district fund of any district benefited. (Amended by Stats. 1961, Ch. 801.) - 9500. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section names the division and says it may be cited as the “Refunding Act of 1984 for 1915 Improvement Act Bonds.”
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9500. This division shall be known and may be cited as the “Refunding Act of 1984 for 1915 Improvement Act Bonds.” (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9501. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
These procedures may be used as an alternative to Division 11 for refunding bonds under the Improvement Bond Act of 1915.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9501. The procedures of this division are an alternative to Division 11 (commencing with Section 9000) which relates to the refunding of bonds under the Improvement Bond Act of 1915. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9502. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
The section declares that it is a public purpose for a local agency to issue refunding bonds and to invest and reinvest the proceeds, and any other legally available funds, for the purposes stated in the division.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9502. It is hereby declared that it is a public purpose for a local agency to issue refunding bonds for the purposes set forth in this division and to invest and reinvest the proceeds thereof, and any other funds legally available therefor, for the purposes set forth herein. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9503. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
A city legislative body may issue refunding bonds and take related steps to refinance and collect assessments to pay them.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9503. The legislative body of any city in this state may issue refunding bonds and refund outstanding bonds issued either under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or under this division, under and subject to this division, and may provide for the extension of the liens of assessments and the levy and collection of assessments and reassessments to pay the refunding bonds. All or any portion of any bond issue authorized for refunding by this section may be refunded pursuant to this section. (Amended by Stats. 1987, Ch. 1388, Sec. 23.) - 9504. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
Outstanding bonds and original assessments stay in effect until valid reassessments and refunding bonds replace them.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9504. It is the intention of this division that the outstanding bonds and the original assessments shall remain in full force and effect and secured by the original assessments until superseded and supplanted by reassessments and refunding bonds validly and legally issued pursuant to this division, at which time the reassessments shall become the security for the refunding bonds and the refunding escrow shall become the security for any outstanding bonds not exchanged for refunding bonds. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9505. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section authorizes actions or determinations needed or convenient for reassessment and refunding proceedings when they are not expressly listed here, and says they are valid and sufficient when made.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9505. Any action or determination made necessary by reason of state or federal 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9506. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
Any city may hire a qualified person to do work or services covered by this division or connected to refunding authorized indebtedness.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9506. Any city may retain or employ any qualified person to perform any work or perform any services 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9507. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
Incidental expenses for an authorized refunding and reassessment may be paid from refunding bond sale proceeds or from contributions and appropriations under Section 9510.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9507. The incidental expenses of any refunding and reassessment authorized by this division, including the designated costs of issuing the refunding bonds, as defined and determined pursuant to Chapter 3 (commencing with Section 9600), may be paid from the proceeds of sale of the refunding bonds or from contributions and appropriations made pursuant to Section 9510. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9508. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
When proceedings are started under this division, only this division applies, subject to Section 9509.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9508. Subject to Section 9509, when proceedings are commenced under this division, only this division shall apply. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9509. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
A reassessment proceeding under this division may run at the same time as proceedings under another applicable reassessment law, and related required documents may be combined into single instruments.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9509. A reassessment proceeding under this division may be conducted concurrently with proceedings under any other applicable reassessment law and all resolutions, notices, reports, and other documents and proceedings required by each law may be consolidated into single instruments. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 951. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board may create a side path on a county highway, mark its boundaries, restrict its use to pedestrians, horse riders, and riders of vehicles powered only by the rider, and charge the costs to specified county or district funds.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 951. (a) Such board may set apart on any county highway a strip of land for a side path, and make an order designating the width of such path, and cause the lines separating the path from the highway to be located and marked by stakes, posts, curbs, dikes, trees, or other physical delineations, placed at such distances apart as the board considers proper. (b) After a path is set apart, and the lines separating it from the highway are located and marked, as provided in subdivision (a) of this section, the use of such path is restricted to pedestrians, riders of horses, and riders of vehicles propelled solely by the power of the rider. (c) The board may charge the expense of erecting and maintaining such path to the county general fund, the road fund, or the district fund of any district benefited. (Amended by Stats. 1972, Ch. 399.) - 9510. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section says contributions and appropriations may be made under the timing and procedure rules in a referenced part of the code.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9510. Contributions and appropriations may be made at the times and in the manner provided in Article 2 (commencing with Section 9125) of Chapter 3 of Division 11, the terms of which are hereby referred to and incorporated herein by reference. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9511. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section says the division is an alternative system for refunding bonds and does not affect other laws covering the same subject matter.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9511. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9512. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
Remedies for enforcing a reassessment under this division are not the only remedies available, and additional remedies may be added.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9512. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9513. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
The curative clauses in this division are cumulative and each must be given full force and effect.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9513. The curative clauses of this division are cumulative and each of them is to be given full force and effect. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9514. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This division and its provisions must be interpreted liberally so its purposes work effectively.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9514. This division and all of its provisions shall be liberally construed in order that its purposes may be made effective. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9515. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
In 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 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9515. In the event of a 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9516. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
A purchaser at certain sales takes the property subject to unpaid reassessment installments, interest, and penalties from the same proceeding.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9516. The purchaser, whether at a tax collector’s sale or at a resale by the city in the event of the city having become the purchaser, or at a foreclosure sale by order of court, takes the property subject to all unpaid reassessment installments, interest, and penalties under the same proceeding. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9517. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section says that, unless the context requires otherwise, the definitions in the Improvement Bond Act of 1915 control how this division is read, and “act” means that act.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9517. Unless the particular provision or the context otherwise requires, the definitions contained in the Improvement Bond Act of 1915 shall govern the construction of this division. The term “act,” as used in this division, means the Improvement Bond Act of 1915. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9518. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
A remaining surplus in the assessment district’s improvement fund may be credited to the reassessment after the improvements are finished and all claims are paid.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9518. Any surplus remaining in the improvement fund for the assessment district, after completion of the improvements and the payment of all claims, may be used as a credit upon the reassessment in the manner provided in Section 10427.1 or as otherwise provided in Section 10427. (Added by Stats. 1986, Ch. 874, Sec. 12. Effective September 17, 1986.) - 9519. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
Any remaining balance in the special reserve fund must be used to retire the bonds being refunded when the refunding bonds are issued.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9519. Any balance remaining in the special reserve fund for the bonds to be refunded at the time of the issuance of the refunding bonds shall be used to retire the bonds to be refunded as provided in Section 8885. (Added by Stats. 1986, Ch. 874, Sec. 13. Effective September 17, 1986.) - 9519.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This section says Sections 8571.3 and 8769 apply to this division.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [9500 - 9519.5] ( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9519.5. Sections 8571.3 and 8769 are applicable to this division. (Added by Stats. 1987, Ch. 1388, Sec. 24.) - 952. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board must erect and maintain properly inscribed guideposts at county highway crossings and forks outside any city.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 952. Such board shall cause properly inscribed guideposts to be erected and maintained at all county highway crossings and forks lying outside of any city. (Enacted by Stats. 1935, Ch. 29.) - 9520. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A city’s legislative body may, by resolution, decide to refund outstanding bonds under the act and to levy reassessments to secure the refunding bonds, unless Section 8571.3 leads to a different determination.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9520. Except as it may otherwise have determined pursuant to Section 8571.3, the legislative body of any city which has issued bonds which are outstanding under the act may, at any time, determine by resolution that the public interest or necessity requires the refunding of the issue of bonds, and declare its intention to refund the bonds and to levy reassessments as security for the refunding bonds. (Amended by Stats. 1986, Ch. 874, Sec. 14. Effective September 17, 1986.) - 9521. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
The section allows two or more bond issues issued under the act to be refunded in a single proceeding, with only one issue of refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9521. Two or more issues of bonds issued under the act 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9522. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
Bond refunding proceedings must generally follow the one-issue refunding procedure, and the legislative body may handle two or more bond issues in one proceeding and do all necessary or convenient acts, unless the act would violate the U.S. or California Constitution.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9522. 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 the 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 act 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 the refunding that are not prohibited by the United States Constitution or the California Constitution. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9523. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A qualified person must prepare and file a report with the city clerk when directed by the Section 9520 resolution.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9523. The resolution referred to in Section 9520 shall direct a qualified person retained or employed pursuant to Section 9506 to prepare and file with the city clerk a report containing the following: (a) A schedule setting forth the unpaid principal and interest on the bonds to be refunded and the total amounts thereof. (b) The total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of cost of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as defined by subdivision (a) of Section 9600. (c) The auditor’s record kept pursuant to Section 8682 showing the schedule of principal installments and interest on all unpaid original assessments and the total amounts thereof. (d) The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed auditor’s record for the reassessment prepared in the manner described in Section 8682. (e) A reassessment diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9524. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
After the Section 9523 report is filed with the clerk, the clerk must present it to the legislative body, which may modify it.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9524. When the report provided for in Section 9523 is filed with the clerk, the clerk shall present it to the legislative body for consideration. The legislative body may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings, except that it may be confirmed, modified, or corrected as provided in this chapter. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9525. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
The legislative body may approve the reassessment report and authorize, issue, and sell refunding bonds if the listed conditions are met.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9525. (a) If the legislative body finds that all of the following conditions are satisfied, it may approve and confirm the report prepared pursuant to Section 9523 and proceed to authorize, issue, and sell refunding bonds pursuant to Chapter 3 (commencing with Section 9600): (1) That each estimated annual installment of principal and interest on the reassessment, as set forth pursuant to subdivision (d) of Section 9523, is less than the corresponding annual installment of principal and interest on the portion of the original assessment being superseded and supplanted, as set forth in subdivision (c) of Section 9523, by the same percentage for all subdivisions of land within the district. Any amount added to the annual installments on the reassessment due to a delinquency in payment on the original assessment need not be considered in this calculation. (2) That the number of years to maturity of all refunding bonds is not more than the number of years to the last maturity of the bonds being refunded. (3) That the principal amount of the reassessment on each subdivision of land within the district is less than the unpaid principal amount of the portion of the original assessment being superseded and supplanted by the same percentage for each subdivision of land within the district. Any amount added to a reassessment because of a delinquency in payment on the original assessment need not be considered in this calculation. (b) Any reassessment that is approved and confirmed pursuant to this section shall not be deemed to be an assessment within the meaning of, and may be ordered without compliance with the procedural requirements of, Article XIII D of the California Constitution. (Amended by Stats. 1997, Ch. 38, Sec. 7. Effective July 1, 1997.) - 9526. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If the legislative body cannot make the findings required by Section 9525, it may move forward with refunding and reassessment after preliminarily approving the report and setting a hearing time and place.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9526. If the legislative body is unable to make the findings required by Section 9525, it may proceed with refunding and reassessment by preliminarily approving the report and by fixing a time and place for hearing on the report and on the proposed refunding and reassessment. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9527. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
Notice of the hearing must be published and mailed, and it must include specified information about the hearing, the reassessment cost, the parcel amount, protest rights, and where the report is kept.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9527. Notice of the hearing shall be given by publication, pursuant to Section 6062a of the Government Code, in a newspaper of general circulation published in the city or, if there is no newspaper published in the city, then in a newspaper of general circulation published in the county in which the city is located, and by mailing in the time and manner required by Section 10306; or, if the reassessment will not be in the same or lesser amount than the original assessments, in the manner set forth in Section 54954.6 of the Government Code. The notice shall set forth the fact and date of the adoption of the resolution of intention and of the filing of the report and all of the following: (a) A statement of the time, place, and purpose of the hearing on the resolution of intention and report. (b) A statement of the total estimated cost of the proposed reassessment and refunding. (c) The amount, as shown by the report, to be reassessed against the particular parcel covered by the notice. (d) A statement that any person interested may file a protest in writing as provided in this division. (e) A reference to the resolution of intention and report on file in the office of the city clerk for particulars. Any consents of landowners required by the state or federal constitutions shall be obtained in the time, form, and manner required by Chapter 5 (commencing with Section 9180) of Division 11, the terms of which are hereby referred to and incorporated herein by reference. (Amended by Stats. 1993, Ch. 1194, Sec. 8. Effective October 11, 1993.) - 9528. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A person interested in property to be reassessed may file a written protest before the hearing, and the protest must state its nature specifically.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9528. Any person interested in any of the property to be reassessed may file a written protest against the proposed refunding or the amount reassessed against that person’s or any other property, as shown in the statement, at, or at any time prior to, the time fixed for the hearing on the refunding and assessment. The protest shall specifically set forth the nature thereof. Failure to file a written protest shall be a waiver of any right which the person may have or claim. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9529. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A person who files a protest must be given a full opportunity to be heard on it.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9529. Any person who files a protest shall have full opportunity to be heard thereon. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 953. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county board of supervisors may remove or burn debris, rubbish, brush, and grass from county highways, and county expenses under this section must be paid from the county road fund.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 953. A board of supervisors may, acting separately or in conjunction with State or Federal agencies, or with another county, burn or remove debris, rubbish, brush, and grass from the county highways. When acting in conjunction with other agencies or counties, a board may so act outside its county. The expense incurred by a county, acting pursuant to this section, shall be paid out of any road fund of the county. When a county is acting in conjunction with another agency or county the share of the expense to be borne by each shall be arrived at by agreement. (Enacted by Stats. 1935, Ch. 29.) - 9530. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
At the hearing, the legislative body must hear complaints or objections about the proposed refunding, unpaid assessments, or proposed reassessments.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9530. At the time and place fixed for the hearing, the legislative body shall hear any complaints or objections that may be made concerning the proposed refunding, 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9531. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
At the hearing, objections about the regularity of the improvement proceedings or the original assessment amount may not be considered, and other reassessment objections are waived unless raised as this chapter requires.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9531. At the hearing, no objections to the regularity of the proceedings with reference to the making of the improvements 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9532. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
The legislative body’s decision on all objections or protests is final and conclusive.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9532. The determination of the legislative body upon all objections or protests shall be final and conclusive. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9533. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A hearing may be continued by order entered in the minutes, but it must be concluded within 30 days of the date originally fixed.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9533. The hearing may be continued from time to time by order entered in the minutes, but shall be concluded within 30 days from the date originally fixed. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9534. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
At the hearing, the legislative body may review and correct the amount of any reassessments on any parcel of land.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9534. At the hearing, the legislative body may review and correct the amount of any reassessments upon any parcel of land. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9534.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If sufficient protests are filed, further refunding proceedings stop and a new resolution for the same refunding cannot be passed for six months unless the protests are overridden by a four-fifths vote. The legislative body may also confirm, modify, or correct the proposed assessment.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9534.5. If the legislative body finds that protests against the proposed refunding or the proposed reassessments are signed by the owners of more than one-half of the area of the land proposed for reassessment, all further proceedings under the resolution of intention to refund are barred, and no new resolution of intention for the same refunding may be passed within six months after the decision of the legislative body on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the legislative body. The legislative body may confirm, modify, or correct the proposed assessment. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9535. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If there is no majority protest under Section 9534.5, the hearing’s report and reassessment must be approved and confirmed by resolution entered in the minutes.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9535. At the conclusion of the hearing, in the absence of a majority protest pursuant to Section 9534.5, the report and the reassessment as originally made, or as reviewed and corrected, shall be approved and confirmed by resolution entered upon the minutes. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9536. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
After the 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 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9536. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9537. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If recorded with the superintendent of streets and compliant with Division 4.5, the reassessment becomes a lien on the assessed parcels.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9537. When recorded with the superintendent of streets and upon compliance with the provisions of Division 4.5 (commencing with Section 3100), the reassessment shall become a lien upon the various parcels of land assessed. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9538. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
This section says reassessments generally replace earlier assessments, including accrued penalties and interest, unless the section or specified nearby sections provide otherwise.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9538. Except as otherwise provided in this section and in Sections 9546, 9547, and 9548, assessments originally levied, and all penalties and interest accrued thereon, which are included within the reassessments, shall be deemed superseded and supplanted by the reassessments. If, and to the extent that, the reassessments do not include unpaid installments of assessments originally levied and the penalties and interest thereon, the lien of the original assessments is not superseded and supplanted. For purposes of this section and Section 9539, “unpaid installments” means those installments which are delinquent and those which are or may be posted to the tax roll for the fiscal year during which the reassessment is confirmed. (Amended by Stats. 1986, Ch. 874, Sec. 16. Effective September 17, 1986.) - 9539. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
This section sets the priority of reassessment liens, with an exception for Section 9548.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9539. Except as provided in Section 9548, the lien of the reassessments shall be given superiority and priority as of the date that the original assessments became a lien upon the property reassessed. The lien of unpaid installments of the assessments originally levied and the penalties and interest thereon, and the lien of any remaining portion of the original assessments not securing refunded bonds, are equal in priority to the lien of the reassessments. (Amended by Stats. 1986, Ch. 874, Sec. 17. Effective September 17, 1986.) - 954. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county board of supervisors may designate certain unused county highways as stock trails, and must post notices on them. Once designated, the county is not liable for certain injuries or damage caused by a dangerous condition of the stock trail.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 954. All county highways which for a period of five consecutive years are impassable for vehicular travel, and on which during such period of time no public money is expended for maintenance, are unnecessary highways. The board of supervisors of any county on its own motion, or on the petition of any interested taxpayer of the county, may designate such county highway a stock trail. The board of supervisors shall cause notices to be posted upon such stock trails, and also at the entrance of such stock trails, directing all persons to drive all untethered stock thereon. After a stock trail has been established or designated as provided in this chapter, the county is not liable for death or injury to a vehicle owner or operator or passenger, or for damage to a vehicle or its contents, resulting from a dangerous condition of the stock trail. Such stock trails shall not be included in the term “maintained mileage of county roads” as that term is used in Chapter 3 (commencing with Section 2100) of Division 3. (Amended by Stats. 1980, Ch. 1050, Sec. 11.) - 954.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may end maintenance of a county highway if it finds the highway is unnecessary for the public convenience, and the county must post and maintain warning signs; after the required steps, the county is not liable for certain injuries or damage from a dangerous condition on that highway.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 954.5. (a) The board of supervisors may, by resolution, terminate the maintenance of any county highway if it finds that the highway is unnecessary for the public convenience. (b) Evidence that a county highway is unnecessary for the public convenience shall be taken at a public hearing set in accordance with the procedures for vacation of a public street, highway, or service easement in Sections 8323 and 8324. Notice of the hearing shall be mailed to the owner of any property served by that portion of a county highway subject to the termination of maintenance. A county highway may be deemed unnecessary for the public convenience on the basis of any of the following: (1) The county highway does not provide the primary access to occupied properties. (2) Traffic on the county highway is intermittent and of low volume. (3) The county highway is impassable for more than six months and there is no demand that it be reopened. (c) A certified copy of the resolution terminating maintenance shall be recorded as provided in Section 8325. (d) If the board of supervisors resumes maintenance of a county highway on which maintenance was terminated under this section, a notice of maintenance shall be recorded in the office of the county recorder. (e) If a determination is made that maintenance is no longer necessary, the county shall post signs clearly visible from the traveled highway at each intersection of the highway for which maintenance is being terminated with a maintained highway indicating that the county no longer maintains the highway. The sign shall read as follows: “This road is not maintained. ____ County is not responsible for any loss or injury suffered by reason of its use.” The county shall provide adequate maintenance to ensure that the signs remain posted in the appropriate places and the message is legible for a period of one year. Once such action is taken and duly recorded and the required signs are posted, the county shall not be held liable for the death of or injury to a vehicle owner, operator, or passenger, or for damage to a vehicle or its contents, resulting from a dangerous condition on such highway. (Amended by Stats. 1982, Ch. 345, Sec. 1.) - 954.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A board of supervisors may end county maintenance of part or all of a county highway if another public agency will maintain it under a qualifying agreement. The county must post and maintain warning signs, and once the conditions are met, the county is not liable for certain injuries or property damage caused by inadequate maintenance.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 954.6. (a) A board of supervisors, by resolution, may terminate the maintenance of all or a portion of a county highway if it finds that another public agency will maintain the highway or that portion of it pursuant to an agreement meeting the requirements of Section 941.6. The resolution terminating maintenance shall identify the county highway, or portion of it, for which maintenance will be terminated and also the agency that will perform the maintenance. A certified copy of the resolution shall be recorded in the office of the county recorder. (b) As to each county highway, or portion of a county highway, for which the board terminates maintenance pursuant to subdivision (a), the county shall post signs at each intersection of that highway with a maintained highway, if any, indicating that the county no longer maintains the highway. The signs shall be clearly visible from the traveled highway and shall read: “This road not maintained by ____ County. ____ County is not responsible for any loss or injury resulting from use of this road.” The county shall provide adequate maintenance for the signs to ensure that for a period of one year each sign remains posted in the appropriate place and the message is legible. (c) After a resolution adopted pursuant to subdivision (a) is duly recorded in the office of the county recorder and the signs required by subdivision (b) are posted, while the agreement entered into pursuant to subdivision (a) is in effect, the county shall not be liable for the death of, or injury to, any person or for damage to any real or personal property resulting from a dangerous condition of the highway or portion of the highway, as described in the resolution, caused by inadequate maintenance. (Added by Stats. 1995, Ch. 766, Sec. 2. Effective January 1, 1996.) - 9540. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
Reassessments, their installments, and any interest or penalties become a lien on the affected parcels until paid, but only for up to the period allowed for bringing an action on the last series of refunding bonds issued for the unpaid reassessments.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9540. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9541. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
Unmatured installments, interest, and penalties on unpaid reassessments are not covered by any general warranty of title for the parcel.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9541. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9542. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
When refunding bonds are issued, the reassessments and related interest must remain a trust fund for paying and redeeming the refunding bonds and their interest.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9542. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9543. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A copy of the confirming resolution must be filed in the office of the auditor.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9543. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9544. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
The auditor must keep a record in his office of the installments of principal and interest on reassessments to be collected each year during the bond term.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9544. 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. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9545. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
Reassessments and related interest must be collected on the assessment roll and are subject to reassessment, amendment, prepayment, and the act’s other provisions.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9545. The reassessments and interest thereon shall be collected on the assessment roll and are subject to reassessment, amendment, and prepayment, and are otherwise subject to all of the provisions of the act in the same manner and subject to the same remedies on default and to the payment of interest and penalties on the enforcement thereof as were the original assessments which were superseded and replaced by the reassessments. For these purposes, the applicable provisions of Parts 8, 9, 10, 10.5, 11, 11.1, 13, 14, and 15 of Division 10 are hereby referred to and incorporated herein by reference. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9546. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
A city’s legislative body may use resolution to decide to refund outstanding bonds, levy a reassessment, and continue the original assessment to secure additional bonds; the resolution must also require a Section 9523 report to state certain unpaid principal amounts.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9546. The legislative body of any city which has issued bonds which are outstanding under this division, the original authorized aggregate principal amount of which was less than the aggregate principal amount of the original assessment which was levied as security therefor, and which intends to issue additional bonds to be secured by that original assessment to provide for and finance the construction and installation of further improvements, may, at any time, determine by resolution that the public interest or necessity requires the refunding of the bonds which are outstanding, the levy of a reassessment as security for the refunding bonds, and the continuation of the original assessment as to the unpaid principal amount thereof which shall be security for the additional bonds to be issued, and may declare its intention to so proceed by a resolution adopted pursuant to Section 9520. The resolution shall, in addition to declaring the intention of the legislative body to refund the bonds which are outstanding and to levy reassessments as security for the refunding bonds, also declare the intention of the legislative body to issue additional bonds on the basis of the original assessment and to continue the original assessment in an amount sufficient to provide security for the additional bonds to be issued. The resolution shall require that the report prepared pursuant to Section 9523 contain the unpaid principal amount of each original assessment in excess of the amount thereof which will be superseded and supplanted by the principal amount of the corresponding reassessment, which shall be security for the additional bonds to be issued. (Added by Stats. 1986, Ch. 874, Sec. 18. Effective September 17, 1986.) - 9547. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If the legislative body chooses to proceed under Section 9546, it must apply Sections 9523 to 9545 to the reassessments. After confirming the reassessment, it must order the original assessment lien to continue for the unpaid principal amount that will secure the additional bonds.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9547. If the legislative body elects to proceed pursuant to Section 9546, Sections 9523 to 9545, inclusive, shall apply to the reassessments to be levied. Upon confirming the reassessment, the legislative body shall, in the resolution adopted pursuant to Section 9535, order that the lien of the original assessment continue as to the portion of the unpaid principal amount thereof which will be security for the additional bonds which are to be issued on the basis thereof. (Added by Stats. 1986, Ch. 874, Sec. 19. Effective September 17, 1986.) - 9548. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. )
If the legislative body uses the reassessment procedure, the reassessment lien replaces the original assessment lien for the refunded bonds, while the original assessment lien continues for the additional bonds for up to four years after the last reassessment installment is due.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 2. Reassessment Proceedings [9520 - 9548] ( Chapter 2 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9548. If the legislative body elects to proceed pursuant to Section 9546, upon confirmation of the reassessment as provided in Section 9535 and in compliance with Sections 9536 and 9537, the lien of the reassessment supersedes and supplants the lien of the original assessment as to the portion of the unpaid principal amount thereof which was security for the bonds which are to be refunded, but the lien of the original assessment continues as to the portion of the unpaid principal amount thereof which is security for the additional bonds which are to be issued on the basis thereof until the expiration of four years after the due date of the last installment on the reassessment. The lien of the reassessment and the lien of the continued portion of the original assessment have equal priority as to the date the original assessment became a lien upon the property assessed. The notice of reassessment filed pursuant to Section 3114 shall be entitled “Notice of Reassessment and Continuation of Assessment” and shall specify the relationship between the reassessment and the continuing amount of the original assessment. (Added by Stats. 1986, Ch. 874, Sec. 20. Effective September 17, 1986.) - 96. 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 deal with graffiti on qualifying highway signs as soon as reasonably possible after it learns about it.
## 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. ) ## 96. If any directional or traffic control sign installed or maintained by the department within the right-of-way of a state highway is defaced with graffiti in a manner which interferes with the ability of motorists to comprehend the information which the sign was intended to convey, thereby posing a danger to the public, the department shall, as soon as reasonably possible after learning of the graffiti, either remove the graffiti and treat the sign with an anti-graffiti substance or material, or replace the sign, whichever is more practical and economical. (Added by Stats. 1991, Ch. 289, Sec. 1.) - 960. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
If the board of supervisors decides county highway property is no longer needed, the county may sell or exchange it. The conveyance must be signed by the board chair, and the money must go into the county treasury for a board-designated highway fund.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 960. Whenever the board of supervisors determines that any real property, or interest therein, acquired by the county for highway purposes is no longer necessary for those purposes, the county may sell or exchange the real property, or interest therein, in the manner and upon the terms and conditions approved by the board of supervisors. Any conveyance under this section shall be executed on behalf of the county by the chairman of the board of supervisors, and the money received for the real property shall be paid into the county treasury to the credit of any fund available for highway purposes, which the board of supervisors designates. (Added by Stats. 1981, Ch. 177, Sec. 1.) - 960.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
For Sections 954 and 954.5, “county highway” includes a broad range of public roads and similar ways, and also purported county highways.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 960.5. The term “county highway” as used in Sections 954 and 954.5 shall be deemed to include, but not be limited to, any public highway, road, street, avenue, alley, lane, drive, way, place, court, or trail, or any purported county highway, public highway, road, street, avenue, alley, lane, drive, way, place, court, or trail. (Amended by Stats. 1980, Ch. 1050, Sec. 26.) - 960.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may delegate lease authority for county highway property to a county official, subject to board-imposed rules, and the lease term may be renewed for up to three years.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 960.6. The board of supervisors may, by ordinance or resolution, delegate to a county official, subject to rules or regulations as the board may impose, the authority to lease any real property acquired by the county for highway purposes for a renewable term not exceeding three years. Proceeds from the lease of the property shall be paid into the county treasury to the credit of any fund designated by the board of supervisors which is available for highway purposes. At least five working days prior to entering into a lease under this section, a notice of intention to enter into a lease shall be posted in a public place. (Amended by Stats. 1982, Ch. 360, Sec. 1.) - 9600. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
This section defines several terms used in the chapter on refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9600. In this chapter, the following terms are used with the following meanings: (a) “Costs of issuing refunding bonds” means those of the following costs and expenses which are designated by the legislative body in the resolution providing for the issuance of the bonds. (1) All expenses incident to the calling, retiring, or paying of the bonds to be refunded and to the issuance of refunding bonds, including, but not limited to, any bond counsel, financial consultants, underwriters, certified public accountants, and rating agency fees, printing and advertising costs, city administrative expenses, and the charges of any escrow agent or trustee in connection with the issuance of the refunding bonds or in connection with the redemption or retirement of the bonds to be refunded. (2) Interest upon the refunding bonds from the September 2 next preceding the date of sale thereof to not later than the September 2 next succeeding two years from the date. (3) Any accrued and unpaid interest on the bonds to be refunded. (4) Any premium necessary in the calling or retiring of the bonds to be refunded. (5) Any amount that the city pays or transfers, or has previously paid or transferred, either from a special reserve fund or from surplus funds, into the redemption fund securing the bonds to be refunded and the penalties and interest thereon, if the amounts and the penalties and interest thereon are included in and limited to the particular reassessments levied upon those subdivisions of land securing the original assessment installments which are delinquent and for which the payments or transfers are made. (b) “Designated costs of issuing the refunding bonds” means whichever of the items specified in paragraphs (1), (2), (3), (4), and (5) of subdivision (a) which are designated by the legislative body in the resolution providing for the issuance of refunding bonds. (c) “Federal securities” means those securities described in Sections 1360 and 1360.1 of the Financial Code and includes United States Treasury notes, bonds, bills, or certificates of indebtedness, or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of small business administration loans, so long as the loans are obligations for which the faith and credit of the United States are pledged for the payment of principal and interest. (Amended by Stats. 1986, Ch. 874, Sec. 21. Effective September 17, 1986.) - 9601. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The legislative body must provide for issuing the refunding bonds by resolution.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9601. The legislative body shall provide for the issuance of the refunding bonds by resolution. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9601.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Section 8769 applies to bonds issued under this division in San Bernardino County.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9601.5. Section 8769 shall apply to bonds issued pursuant to this division in the County of San Bernardino. (Added by Stats. 1987, Ch. 10, Sec. 1. Effective April 28, 1987.) - 9602. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds must be issued in a principal amount equal to the total principal amount of the reassessment approved and confirmed by the legislative body under Section 9525 or 9535.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9602. The refunding bonds shall be issued in a principal amount equal to the total principal amount of the reassessment as approved and confirmed by the legislative body pursuant to either Section 9525 or Section 9535. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9603. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds are to represent, and be secured by, the reassessments and any later reassessments on the same property.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9603. The refunding bonds shall represent and be secured by the reassessments and any later reassessments which may be levied or issued upon the same property in lieu of the reassessments. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9604. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds under this division must meet the listed form, dating, signing, numbering, interest, and maturity requirements.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9604. Refunding bonds issued pursuant to this division shall comply with the following requirements which shall be set forth in the resolution adopted pursuant to Section 9601: (a) Bonds shall be in the fully registered form and of the denominations as the legislative body may determine. (b) The bonds shall be dated on or after the date of the recording of the reassessment. (c) Bonds shall be signed by the treasurer and the clerk, except that the legislative body may, by order, authorize the use of bonds with an engraved, printed, or lithographed signature of the treasurer and the clerk in lieu of a signature by hand. The legislative body may also authorize its seal to be placed on the bonds in a similar manner. (d) Bonds shall be numbered appropriately and shall bear interest and mature as provided in the contract with the bond purchasers. (Amended by Stats. 1986, Ch. 874, Sec. 22. Effective September 17, 1986.) - 9605. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
All refunding bonds mature on September 2.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9605. All of the refunding bonds shall mature on September 2. (Amended by Stats. 1985, Ch. 65, Sec. 31. Effective June 6, 1985.) - 9606. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds may not have a first maturity earlier than September 2 after 12 months from the bond date.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9606. In no event shall the first maturity of any refunding bonds be earlier than the second day of September next succeeding 12 months after the date of the bonds. (Amended by Stats. 1985, Ch. 65, Sec. 32. Effective June 6, 1985.) - 9607. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The last maturity date for any refunding bonds cannot be more than 39 years after the specified reference date.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9607. The last maturity of any refunding bonds shall not exceed 39 years from the second day of September next succeeding 12 months after the date of the bonds. (Amended by Stats. 1987, Ch. 1388, Sec. 25.) - 9607.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds issued in San Bernardino County cannot have a last maturity longer than the longest maturity allowed for the bonds being refunded.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9607.5. For refunding bonds issued in the County of San Bernardino, the last maturity of any of these bonds shall not exceed the longest maturity currently authorized for bonds by the law pursuant to which the bonds to be refunded were issued. (Added by Stats. 1987, Ch. 10, Sec. 2. Effective April 28, 1987.) - 9608. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The interest rate on refunding bonds must not exceed the rate stated in the resolution of intention adopted under Section 9520.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9608. The rate of interest on refunding bonds shall not exceed the rate set forth in the resolution of intention adopted pursuant to Section 9520. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9609. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Interest on refunding bonds must be paid on March 2 and September 2 each year.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9609. The interest on refunding bonds shall be payable on March 2, and September 2, respectively, of each year. (Amended by Stats. 1985, Ch. 65, Sec. 34. Effective June 6, 1985.) - 9610. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The first interest payment on the bonds is due on the stated date, unless funded interest lets the legislative body set an earlier payment date.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9610. The first interest payment on the bonds shall be March 2 next preceding the second day of September next succeeding 12 months after the date of the bonds, except that, if any portion of the interest is funded, the legislative body may specify that the first payment of interest shall become due on any earlier interest payment date following the date of the bonds. (Amended by Stats. 1986, Ch. 874, Sec. 23. Effective September 17, 1986.) - 9611. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bonds and their interest must be paid at the treasurer’s office or another place stated in the bonds.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9611. Refunding bonds and the interest thereon shall be paid at the office of the treasurer or at any other place as is set forth in the bonds. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9612. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Each bond is treated as conclusive evidence of the regularity and validity of specified reassessment and refunding-bond proceedings.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9612. Each bond shall be conclusive evidence of the regularity of all proceedings for the levy of reassessments and the issuance of the refunding bonds and of the validity of said bonds and of all proceedings of which the bonds refunded were conclusive evidence. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9613. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The legislative body may exchange or sell refunding bonds, and cash sale proceeds must go into a refunding fund and be used only as allowed by this division.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9613. Refunding bonds issued pursuant to this chapter may be exchanged for the bonds to be refunded on any basis the legislative body determines is for the benefit of the city if the bondholders consent to the exchange. As an alternative to exchanging the refunding bonds for the bonds to be refunded, the legislative body may sell the refunding bonds at public or private sale and at a price at or below par or with a premium. The proceeds of any sale of refunding bonds for cash shall be placed in the treasury of the local agency to the credit of a fund to be established for the purpose of refunding the bonds to be refunded, and the proceeds shall be applied only as permitted by this division. (Amended by Stats. 1987, Ch. 1388, Sec. 26.) - 9614. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The costs of issuing refunding bonds may be paid by the purchaser or from other legally available sources, as the legislative body determines.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9614. The designated costs of issuing the refunding bonds may be paid by the purchaser of the refunding bonds or may be paid from any other legally available source, including the general fund of the city, other available revenues of the city under the control of the legislative body, the proceeds of sale of the refunding bonds, the interest or other gain derived from the investment of any of the proceeds of sale of the refunding bonds, any other moneys in escrow or in trust or any combination thereof as the legislative body may determine. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9615. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Proceeds from refunding bond sales may be placed in escrow or trust with a bank or trust company, and they must be secured and invested in federal securities.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9615. Any proceeds of sale of any refunding bonds may be deposited in escrow or trust with any bank or trust company within or without the state, or both within and without the state, shall be secured in accordance with the laws applicable to funds of the city and shall be invested in federal securities. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9616. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Refunding bond proceeds held in escrow or trust must be certified as enough to cover specified bond payments and issuance costs.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9616. The proceeds and investments in escrow or trust shall be in an amount at the time of issuance of such refunding bonds which is certified by a certified public accountant licensed to practice in this state to be sufficient, together with any interest or other gain to be derived from any such investment, to pay the principal of and interest and redemption premiums, if any, on the refunded bonds as they become due or at designated dates prior to maturity (in connection with which the legislative body has exercised or has obligated itself to exercise a redemption privilege on behalf of the city), and the designated costs of issuance of the refunding bonds. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9617. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
After refunding bonds are issued, the city’s legislative body must arrange payment of principal and interest in the same way and at the same times as for bonds issued under the act.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9617. Following the issuance of any refunding bonds pursuant to this article, the legislative body of the city shall provide for the payment of principal and interest thereon in the same manner and at the same times as it provides for payment of principal and interest on bonds issued pursuant to the act. The reassessments levied pursuant to this division shall be and constitute security for the payment of the refunding bonds in the same manner as the original unpaid assessments constituted security for the refunded bonds. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9618. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The city treasurer must cancel outstanding refunded bonds after they have been exchanged for refunding bonds.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9618. Any outstanding refunded bonds which have been exchanged for refunding bonds shall be canceled by the city treasurer. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9619. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The treasurer must keep a bond register in the office and record key details for each bond, and must cancel and file each bond when it is paid.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9619. The treasurer shall keep a register in his or her office which shall show the series, number, date, amount, rate of interest, and registered owner of each bond. The treasurer shall cancel and file each bond paid. (Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.) - 9620. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
The legislative body may create a special reserve fund for refunding bonds, and if it does, it must include the fund amount in the reassessment resolution.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9620. The legislative body may provide, in the resolution authorizing the issuance of the refunding bonds, for the establishment from the proceeds of the sale of the refunding bonds of a special reserve fund for the refunding bonds pursuant to Part 16 (commencing with Section 8880) of Division 10. If the legislative body elects to establish the reserve fund, it shall provide, in the resolution adopted pursuant to Section 9520, for the inclusion of the amount of the special reserve fund in the reassessment. (Added by Stats. 1986, Ch. 874, Sec. 24. Effective September 17, 1986.) - 9622. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. )
Bonds originally issued as variable rate bonds may be refunded by issuing variable rate bonds under Part 6.5.
## Streets and Highways Code - SHC ## DIVISION 11.5. REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS [9500 - 9707] ( Division 11.5 added by Stats. 1984, Ch. 496, Sec. 1. ) ## CHAPTER 3. Issuance of Refunding Bonds [9600 - 9622] ( Chapter 3 added by Stats. 1984, Ch. 496, Sec. 1. ) ## 9622. Notwithstanding any other provision of this part, bonds originally issued as variable rate bonds pursuant to Part 6.5 (commencing with Section 8660) may be refunded by the issuance of variable rate bonds issued pursuant to that Part 6.5. For purposes of this section and that Part 6.5 “bonds” includes “refunding bonds.” (Added by Stats. 1990, Ch. 446, Sec. 20.) - 964. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
If the board finds a county highway has been damaged or is in danger from storm waters or floods, it must take necessary measures to repair or prevent the damage.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 964. Whenever the board finds that any county highway has been damaged or is in danger of being damaged by storm waters or floods, the board shall adopt all measures necessary to repair or prevent such damage. The board may condemn the right of way for, and may construct, flumes, ditches or canals for the purpose of carrying off such storm waters or floods. The board may cause any expense incurred under this section to be paid out of the county general fund, or out of the funds of any road districts in which the highways are protected from damage or repaired by the work done. (Enacted by Stats. 1935, Ch. 29.) - 965. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors must direct the county district attorney to start eminent domain proceedings when needed to acquire property for certain county highway protection work.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 965. The board of supervisors shall, by order, direct the district attorney of the county to institute eminent domain proceedings, in the name of the county, whenever it is necessary to acquire real property or any interest therein to do any of the following things for the protection of a county highway: (a) Raise the banks along any stream. (b) Remove obstructions from any stream. (c) Widen, change, deepen or straighten the channel of any stream. (d) Construct flumes, ditches or canals, or make any improvements for the purpose of carrying off storm waters or floods. (Enacted by Stats. 1935, Ch. 29.) - 966. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may authorize and maintain gates on county highways, set rules for closing them, and set penalties for violations. The person who directly benefits from the gates must pay the cost.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 966. (a) The board of supervisors may provide for the erection and maintenance of gates on the county highways to avoid the necessity of building highway fences. The board may prescribe rules and regulations for closing such gates, and penalties for violating such rules and regulations. (b) The person, for whose immediate benefit the gates are erected or maintained, shall in all cases bear the expense of such erection and maintenance. (Enacted by Stats. 1935, Ch. 29.) - 967. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may build highway fences along the boundaries of a right of way, but only if the right of way was conveyed to the county on the condition that the county would build and maintain a highway and fence the boundaries, the right of way later becomes a county highway, and the work is done within five years of the conveyance.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 967. Whenever a right of way for a highway is conveyed to a county and the sole consideration for the conveyance is an agreement by the county to construct and maintain a highway on the right of way and to construct highway fences on the right of way boundaries, and thereafter such right of way becomes a county highway, the board of supervisors may, within five years from the date of such conveyance, construct highway fences along the boundaries of such right of way. (Enacted by Stats. 1935, Ch. 29.) - 968. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board may charge the cost of constructing these fences to certain county funds, but no more than half may come from the county general fund.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 968. The board may cause the expense of constructing such fences to be charged to and paid from the county general fund, the road fund of the county or the district fund of each district benefited, but not more than one-half of the expense may be paid from the county general fund. (Amended by Stats. 1961, Ch. 801.) - 969. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may decide, by a two-thirds vote, to acquire and reconstruct a qualifying road, and it must assign the costs to specified county or district funds.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 969. Whenever a road is of general utility and of public convenience and constitutes the only or principal means of communication between one town or village and another town or village in the same county, the board of supervisors may determine, by a two-thirds vote of its membership, that the public convenience and necessity demand the acquisition and reconstruction of such road. Thereafter, by a resolution passed by a two-thirds vote of its membership, the board may determine to, and after such determination may proceed to, acquire and reconstruct such road although it is not of the width required by Section 906. The board shall charge the expense of such acquisition and reconstruction to the county general fund, the road fund of the county, or the district fund of each district benefited, or to any two or more of such funds in such proportions as the board considers just and equitable. (Amended by Stats. 1961, Ch. 801.) - 969.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may improve or repair a privately owned road, and may rent repair machinery to the landowner, if the required resolution and conditions are met.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 969.5. Such boards may, after they have determined by a resolution adopted by a four-fifths vote of their membership that general county interest demands the improvement or repair of a privately owned road, improve or repair such road in consideration of the grant or lease of a right of way to the county for its own use or the use of the State, any political subdivision or other appropriate public agency for the public purposes specified in the resolution. Such improvements or repairs shall be made and paid for in like manner as improvements or repairs of county highways. By the same authorization the board may rent to the owner of land over which such a road has been open to the public for more than five years the machinery and equipment necessary to repair such road and the approaches thereto and any protecting embankments there may be, charging therefor by way of rental the cost of labor and other necessary expenses in addition to a reasonable allowance for depreciation of machinery. Proceedings under this section shall not cause the road to become a county highway. (Added by Stats. 1941, Ch. 1255.) - 969.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
If a local emergency is declared because of heavy rainfall or flood, the board of supervisors may use road funds to repair certain public roads without first getting a right-of-way grant or lease.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 969.6. Notwithstanding Section 969.5 or any other provision of this code, if a state of local emergency is declared by the board of supervisors as a result of locally heavy rainfall or flood, the board may authorize the expenditure of road funds for the purpose of emergency repairs to public roads which are not county highways and not in the county maintained system, without obtaining a grant or lease of right-of-way, if the repairs are necessary to provide minimum public access necessary for the protection or preservation of health or safety of residents. The county shall not be responsible for the maintenance of any road so repaired, and it shall not be liable for the condition of the road after the emergency repairs are made. (Added by Stats. 1984, Ch. 819, Sec. 1.) - 97. 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 designate certain highway segments as Safety Enhancement-Double Fine Zones only when specified safety and approval conditions are met, and it must post, maintain, review, renew, or revoke the designation and signage as required.
## 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. ) ## 97. (a) A state highway segment shall be designated by the department as a Safety Enhancement-Double Fine Zone if all of the following conditions have been satisfied: (1) The highway segment is eligible for designation pursuant to subdivision (b). (2) The Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, certifies that the segment identified in subdivision (b) meets all of the following criteria: (A) The highway segment is a conventional highway or expressway and is part of the state highway system. (B) The rate of total collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available. (C) The rate of head-on collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available. (3) The Department of the California Highway Patrol or local agency having traffic enforcement jurisdiction, as the case may be, has concurred with the designation. (4) The governing board of each city, or county with respect to an unincorporated area, in which the segment is located has by resolution indicated that it supports the designation. (5) An active public awareness effort to change driving behavior is ongoing either by the local agency with jurisdiction over the segment or by another state or local entity. (6) Other traffic safety enhancements, including, but not limited to, increased enforcement and other roadway safety measures, are in place or are being implemented concurrent with the designation of the Safety Enhancement-Double Fine Zone. (b) The following segments are eligible for designation as a Safety Enhancement-Double Fine Zone pursuant to subdivision (a): State Highway Route 12 between the State Highway Route 80 junction in Solano County and the State Highway Route 5 junction in San Joaquin County. (c) Designation of a segment as a Safety Enhancement-Double Fine Zone by the department pursuant to subdivision (a) shall be done in writing and a written notification shall be provided to the court with jurisdiction over the area in which the highway segment is located. The designation shall be valid for a minimum of two years from the date of submission to the court. (d) After the two-year period, and at least every two years thereafter, the department, in consultation with the Department of the California Highway Patrol, shall evaluate whether the highway segment continues to meet the conditions set forth in subdivision (a). If the segment meets those conditions, the department shall renew the designation in which case an updated notification shall be sent to the court. If the department, in consultation with the Department of the California Highway Patrol, determines that any of those conditions no longer apply to a segment designated as a Safety Enhancement-Double Fine Zone under this section, the department shall revoke the designation and the segment shall cease to be a Safety Enhancement-Double Fine Zone. (e) A Safety Enhancement-Double Fine Zone is subject to the rules and regulations adopted by the department prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within a Safety Enhancement-Double Fine Zone. (f) (1) The department or the local authority having jurisdiction over these highway and road segments shall place and maintain the warning signs identifying these segments by stating that a “Special Safety Zone Region Begins Here” and a “Special Safety Zone Ends Here.” (2) Increased penalties shall apply to violations under Section 42010 of the Vehicle Code only if appropriate signage is in place pursuant to this subdivision. (3) If designation as a Safety Enhancement-Double Fine Zone is revoked pursuant to subdivision (d), the department shall be responsible for removal of all signage placed pursuant to this subdivision. (g) Safety Enhancement-Double Fine Zones do not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability. (1) Only the base fine shall be enhanced pursuant to this section. (2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section. (h) The projects specified as a Safety Enhancement-Double Fine Zone shall not be elevated in priority for state funding purposes. (i) The requirements of subdivision (a) shall not apply to the Safety Enhancement-Double Fine Zone established prior to the effective date of this subdivision pursuant to Section 97.4 or to the Safety Enhancement-Double Fine Zones established pursuant to Section 97.5. (Amended by Stats. 2012, Ch. 728, Sec. 169. (SB 71) Effective January 1, 2013.) - 97.01. 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 Golden Gate Bridge is eligible for designation as a Safety Awareness Zone.
## 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. ) ## 97.01. The following segments are eligible for designation as Safety Awareness Zones pursuant to Section 97.1: (a) The Golden Gate Bridge. (Added by Stats. 2006, Ch. 593, Sec. 1. Effective January 1, 2007.) - 97.1. 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. )
This section creates Safety Awareness Zones on eligible highway segments if stated local and, for state highways, state approval conditions are met. The department must develop and maintain warning signs, and the designation takes effect immediately once the requirements are satisfied.
## 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. ) ## 97.1. (a) A highway segment shall be designated as a Safety Awareness Zone if all of the following conditions have been met: (1) The highway segment is eligible for designation under Section 97.01. (2) Each local governing body or bodies, with jurisdiction over the area or areas in which the eligible segment is located, has adopted a resolution indicating its support for the designation as well as a Safety Awareness Zone Plan addressing education, enforcement, and engineering measures intended to support the designation. (3) If the highway segment is a state highway, the Safety Awareness Zone Plan has been approved by the Director of Transportation and the Commissioner of the Department of the California Highway Patrol. (b) A Safety Awareness Zone designation shall be deemed effective immediately upon satisfaction of all requirements pursuant to subdivision (a) and may remain in effect for a period not to exceed three years from the effective date. The designation may be renewed for a period not to exceed three years. Renewal of a designation for a highway segment that is a state highway shall require the approval by the Director of Transportation and the Commissioner of the Department of the California Highway Patrol of an updated Safety Awareness Zone Plan. (c) The department shall develop a sign to notify motorists of the presence of a Safety Awareness Zone, and shall place and maintain the signs for as long as the designation is in effect pursuant to this section. (d) Presence of a Safety Awareness Zone does not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability. (e) Projects on a highway segment specified as a Safety Awareness Zone shall not be elevated in priority for state funding purposes. (f) For purposes of this section, “highway” has the meaning set forth in Section 360 of the Vehicle Code. (Amended by Stats. 2007, Ch. 130, Sec. 230. Effective January 1, 2008.) - 970.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
When a county highway name should be adopted or changed, the board of supervisors or designated county officer must hold a public hearing, post notice in at least three public places at least 10 days before the hearing, consider proposals and objections, and file an order if a name is adopted or changed.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 970.5. Whenever the board of supervisors or a county officer designated by the board to be in charge of naming county highways finds that a name should be adopted and applied to any county highway, or that the existing name of any county highway should be changed, the board or the designated county officer shall hold a public hearing on the proposed name for, or the change of name of, such highway. Notice of such hearing shall be given by posting notice in at least three public places along the street or streets proposed to be affected, such posting to be complete at least 10 days before the day set for the hearing. At the time set for the hearing or at any time to which the hearing may be continued the board or the designated county officer shall hear and consider proposals to adopt a name for, or change the name of, the highway mentioned in the notice and objections to such proposals. At or after the conclusion of the hearing the board or the designated county officer may adopt a name for, or change the name of, such highway, and upon the adoption or change thereof shall make an order and file said order with the board of supervisors officially designating the name for such highway. Thereafter such highway shall be known by the name so designated. (Amended by Stats. 1974, Ch. 307.) - 971. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county highway that has not been officially named may be officially named by the board of supervisors or a board-designated county officer, without hearing or notice.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 971. Any county highway which has not been officially named may be officially named by the board of supervisors or a county officer designated by the board without any hearing, or notice. Such naming shall be by an order duly made and filed with the board of supervisors. Thereafter the highway shall be known by the name thus designated. (Amended by Stats. 1974, Ch. 307.) - 972. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A board of supervisors may, by ordinance, allow another county’s board of supervisors to use a county highway that connects with a main county highway of the adjoining county.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 972. A board of supervisors may, by ordinance, permit the use of any county highway which connects with a main county highway of an adjoining county, by the board of supervisors of such adjoining county for the purpose of constructing and maintaining thereon a highway serving the needs of residents of both counties. (Amended by Stats. 1957, Ch. 413.) - 973. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
If the county accepts the ordinance granting the use, its board may build, maintain, improve, and acquire property for the highway project.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 973. The board of the county seeking the use, if it accepts the provisions of the ordinance adopted by the board of the county granting the use, may: (a) Construct and maintain any such highway. (b) Construct and maintain on such highway such bridges as it deems necessary. (c) Improve such highway in such manner as it determines. (d) Acquire real property or interests therein adjacent to such highway in an adjoining county for county purposes, and expend thereon such amounts as the board deems necessary for county purposes. (Enacted by Stats. 1935, Ch. 29.) - 974. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The county must pay the expense of work or acquisitions under section 973 from the county general fund, or from another county fund the board designates or makes available.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 974. The expense of any work done or acquisition made pursuant to section 973 shall be paid by the county to which the use is granted out of the county general fund, or such other fund of the county as the board designates or makes available. (Enacted by Stats. 1935, Ch. 29.) - 975. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county board may, with mutual consent through ordinances, transfer back the use, control, and maintenance of a highway to the county that originally granted the use.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 975. The board of any county to which the use is granted, pursuant to the provisions of section 972, may, by mutual consent expressed through ordinances of the respective boards, retransfer the use, control, and maintenance of any highway, constructed under the provisions of sections 972 and 973, to the county originally granting the use. (Enacted by Stats. 1935, Ch. 29.) - 976. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
County boards of supervisors may acquire and manage real property for county highways, with owner consent for purchase or lease.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 976. The board of supervisors of any county may purchase or lease with the consent of the owner, or may obtain by gift, and may hold, improve or maintain any real property or interest therein for the uses and purposes of county highways. Such real property or interest need not be within the boundaries of the county acquiring it, if it is convenient thereto in an adjoining county. In all such cases such property or interest is subject to the control of the county acquiring it and to the ordinances, rules, and regulations of such county. Nothing in this section shall affect the power of any county to acquire property within its boundaries by proceedings in eminent domain in the manner prescribed by law. (Enacted by Stats. 1935, Ch. 29.) - 977. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
A county board of supervisors may decide what property is needed for county highways, if it acts by unanimous vote. If a county wants to buy, lease, or otherwise deal with property in an adjoining county, it must first get that adjoining county’s board of supervisors to approve by resolution.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 977. The board of supervisors of any county desiring to act under section 976 may, by unanimous vote of its membership, determine what real property is necessary and proper for the uses and purposes of county highways. Any county thus desiring to purchase or lease with the consent of the owner, or to obtain, hold, improve or maintain, real property or an interest therein situated within an adjoining county shall first obtain the consent by resolution of the board of supervisors of the adjoining county. (Enacted by Stats. 1935, Ch. 29.) - 978. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
If the United States grants real property to a county for highway purposes, the county may take and dispose of it, and the board of supervisors has the same management, control, and disposition powers as for other county property.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 978. Whenever the United States government grants real property to a county for highway uses and purposes, the county may take and dispose of such real property and the board of supervisors shall have, with regard to such real property, the powers of management, control and disposition provided by law for other county property. (Enacted by Stats. 1935, Ch. 29.) - 979. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors must maintain certain historical markers next to county highways and keep them free of vegetation that could block them from view.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 979. The board of supervisors shall keep in repair all objects or markers adjacent to a county highway which have been erected to mark registered historical places and shall keep such markers free from all vegetation which may obscure them from view. (Enacted by Stats. 1935, Ch. 29.) - 982. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may temporarily close all or part of a public way and grant its use and control for an exposition or fair, subject to the stated conditions.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 982. Except as provided in this section, the board of supervisors shall have power to temporarily close all or any part of any public highway, road, street, avenue, alley, lane or place and grant the possession and use thereof, together with the management and control thereof, to any person, firm or corporation operating, managing and controlling any exposition or fair in aid of which the granting of public moneys or other things of value has been authorized by the Constitution or laws of this State upon such terms and conditions, and for such periods of time, as the board of supervisors may determine, such possession, use, management and control to terminate not later than one year after the closing of such exposition or fair. As to State highways, the exercise of any power granted hereby shall be subject to the approval of the department. (Added by Stats. 1935, Ch. 656.) - 985. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors may build, allow, and oversee cattle guards on or next to county highways, and may require a bond when granting permission.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 985. The board of supervisors may construct, install and maintain cattle guards on or adjacent to the county highways. The cost of constructing, installing, and maintaining such cattle guards may be paid from the general county fund. The board of supervisors may, under such restrictions, plans and specifications as it may deem proper, permit any property owner to construct, install or maintain at his own expense, cattle guards on or adjacent to any county highway. The construction and maintenance of such cattle guards shall be under the direction and supervision of the board of supervisors, and they may require such bond as they deem proper as a condition of the granting of permission to erect such cattle guard. (Added by Stats. 1937, Ch. 165.) - 989. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
When a city is incorporated or annexes territory, certain county highways in that territory vest in the city and become city streets.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 989. (a) (1) Upon the incorporation of a city or upon the annexation of territory to a city, all right, title, and interest of the county, including the underlying fee where owned by the county, in and to any county highway within the territory involved, which had been accepted into the county road system pursuant to Section 941 shall vest in the city and shall thereupon constitute a city street. (2) All right, title, and interest of a county in and to any county highway included within territory heretofore incorporated as a city or annexed to a city is hereby determined to have vested in the city as a city street. (b) Subdivision (a) does not apply to a road or highway which had been accepted into the county road system pursuant to Section 941 after the date of the first signature on a petition for annexation or incorporation, the adoption of a resolution of application by an affected local agency, or a date mutually agreed upon by the city and county. (c) Nothing in subdivision (a) requires a city to improve the affected road or highway to city standards. (Amended by Stats. 1991, Ch. 531, Sec. 3.) - 990. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
The board of supervisors must replace trees destroyed or removed for highway-widening projects, when practical or desirable, along highways under its jurisdiction, possession, or control.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 990. Where practical or desirable, the board of supervisors 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 received by county from the Highway Users Tax Fund available for the widening of highways is also available for the planting of trees pursuant to this section. (Added by Stats. 1967, Ch. 1388.) - 991. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. )
Before building a bridge on a county highway over a navigable river, the board of supervisors must study the issue, hold a public hearing, and prepare a report on recreational public access to the river.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 2. Powers and Duties of Boards of Supervisors [940 - 991] ( Chapter 2 enacted by Stats. 1935, Ch. 29. ) ## 991. Before any bridge on a county highway is constructed over any navigable river, the board of supervisors, after a study and public hearing on the question, shall determine and shall prepare a report on the feasibility of providing public access to the river for recreational purposes and a determination as to whether such public access shall be provided. (Added by Stats. 1972, Ch. 972.)
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.