2007 California Streets and Highways Code Chapter 7. Improvement Bonds

CA Codes (shc:10600-10610)

10600.  The legislative body conducting the proceedings under the
provisions of this division may, in its resolution of intention,
determine and declare that bonds shall be issued under the provisions
of either the Improvement Act of 1911 or the Improvement Bond Act of
1915.  In any case, the assessment shall be recorded in the office
of the superintendent of streets of the city, county surveyor of the
county, or district engineer of the district or public corporation
conducting the proceedings in the manner and with like force and
effect as provided in the Improvement Act of 1911 and the Improvement
Bond Act of 1915, and the assessment therefor shall have the
priority, and the proceedings shall be subject to all of the curative
clauses and powers of reassessment, provided in those acts.  In any
case, the official in whose office the original of the assessment is
recorded shall give the notice to pay the assessments, as provided in
this division.



10600.1.  If provision is made for the issuance of bonds under the
Improvement Act of 1911 (Division 7 (commencing with Section 7000)),
all assessments under one hundred fifty dollars (0) which are not
paid within 30 days after recordation of the assessment are
delinquent and shall bear interest at the rate of 1 percent per
month, the interest to be computed from the date of the bonds.  The
legislative body may order the collection of any such delinquent
assessments pursuant to either Chapter 18 (commencing with Section
5410) or Chapter 18.1 (commencing with Section 5450) of Part 3 of
Division 7. All references in those chapters to the contractor, his
assignee, his assigns, or his agent shall be deemed to refer to the
city.  References in Section 5451 to interest from the "date of
filing the original assessment" shall be deemed to refer to the "date
of the bonds."



10600.2.  The legislative body conducting the proceedings for the
issuance of improvement bonds under this division may require that
any bidder submitting a proposal for the purchase of such improvement
bonds deposit contemporaneously therewith cash, a certified check,
or a cashier's check, in an amount to be determined by the
legislative body, guaranteeing the purchase of such improvement bonds
by such bidder in the event that he is awarded the purchase of such
improvement bonds by the legislative body.



10600.5.  When the resolution of intention provides that bonds shall
be issued under the Improvement Act of 1911 or the Improvement Bond
Act of 1915, said bonds may be dated at any time after the expiration
of the cash payment period.


10601.  An action to determine the validity of the assessment,
bonds, contract, improvement or acquisition may be brought by the
legislative body or by the contractor pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure.  For such purpose an improvement or acquisition
shall be deemed to be in existence upon its authorization and an
assessment upon its confirmation.  Notwithstanding any other
provisions of law, the action authorized by this section shall not be
brought by any person other than the legislative body or the
contractor, nor except when permitted by Section 10400 shall the
action be brought after the date fixed for the beginning of work.



10602.  The bonds may be issued and sold as the legislative body
directs. The proceeds of the bonds shall be deposited in the fund
specified in Section 10424.  The notice in the resolution of
intention shall recite a maximum rate of interest to be paid on the
indebtedness, not to exceed 8 percent a year payable semiannually,
which rate shall not be exceeded in the issuance of the bonds.  All
bonds shall be made payable to bearer.



10602.5.  When the resolution of intention provides that bonds shall
be issued under the Improvement Act of 1911 or the Improvement Bond
Act of 1915, and when the assessment has been duly confirmed pursuant
to Section 10312, and when the assessment contains an assessment on
public property which is subject to assessment pursuant to Section
10206 including, notwithstanding any other provisions of law, public
property owned by the city, county or other entity conducting the
proceeding, the legislative body may sell such assessment in the same
manner and at the same time as provided in Section 10602.  The
proceeds of the sale shall be deposited in the fund specified in
Section 10424.
   The buyer of such an assessment shall, upon paying the purchase
price, become the owner of the assessment and shall be entitled to
exercise all the rights that an owner of an assessment has under
Section 5302.5.
   If bonds or certificates are to be issued to represent any
assessment or assessments against public property, the legislative
body of the entity conducting the proceedings may sell such bonds or
certificates in the same manner and at the same time as provided in
Section 10602.  The proceeds of the sale shall be deposited in the
fund specified in Section 10424.
   The buyer of such bonds and of each individual bond shall become
an owner of the assessment and shall be entitled to exercise all of
the rights of an owner of an assessment under Section 5302.5 and of a
bondholder as provided in Section 5302.6 and Chapter 4.5 (commencing
with Section 6468) of Part 5 of Division 7.
   The buyer of each certificate shall become the owner of the
assessment and shall be entitled to exercise all of the rights of an
owner of an assessment under Section 5302.5 and of a certificate
holder as provided in Section 6467.


10603.  When the resolution of intention provides for the issuance
of bonds, the superintendent of streets of a city, surveyor of a
county, or district engineer of a public corporation, conducting the
proceedings shall give the notice of recording the assessment, and
collect and receive the assessments.  The legislative body of the
public entity conducting the proceedings may, by resolution,
designate the treasurer, tax collector, or other officer of the
entity to collect and receive the money.  If the entity is a public
corporation it may designate the treasurer or tax collector of the
county in which it is situated to collect and receive the money.  The
person so designated shall execute any certificates relating to the
amount of assessments paid or remaining unpaid which are required to
be executed by the superintendent of streets by the law pursuant to
which bonds are to be issued, including, but not limited to, Sections
6420 and 8620.


10603.1.  In the event the city conducting the proceedings
designates the county treasurer or tax collector to perform any
service relating to collecting and receiving the money, including but
not limited to, printing, servicing, or collecting any bonds,
neither the treasurer nor the tax collector so designated shall
perform any such service until there shall have been paid to him his
estimate of the cost of the service or services, provided, however,
the city conducting the proceedings, in lieu of the prior payment of
the estimated cost, may enter into a written agreement with the
county treasurer or tax collector. Such agreement shall provide for
the payment of the cost or estimated cost of any service rendered by
the designated county officer.
   In the event such cost of estimated cost is not included in the
assessment, the city conducting the proceedings shall be liable for
payment thereof from the general fund.



10604.  The person who is to collect and receive the assessments
before the issuance of bonds may be bonded in favor of the entity
conducting the proceedings in an amount to be fixed and such bond
approved by the legislative body of the entity.  When he is a bonded
official his services in receiving the money are a duty imposed upon
him by law within the purview of his bond.  In the case of a county
official collecting for a public corporation, the county shall
collect any money due on the bond as agent for the public
corporation.  If the legislative body designating the bonded person
finds that his official bond is inadequate it may provide that he
shall be separately bonded.  The premium of such bond shall be an
incidental expense of the proceeding.



10605.  The person collecting the assessments shall deposit the
amounts received in the construction fund of the entity conducting
the proceedings, not less than once each week, or at such other more
frequent intervals as the legislative body of the entity determines.




10606.  The legislative body may, in its resolution of intention,
determine and declare that bonds will be issued and paid, and the
assessments therefor levied, collected, and augmented in accordance
with the applicable provisions of Sections 14, 15, 16, 17, 20, 21,
22, 24, 25, 26, 27, and 28 of the Refunding Assessment Bond Act of
1935, in which case the applicable provisions of that act are
incorporated in this division as if fully set out herein.  If the
bonds are issued pursuant to that act, appropriate changes shall be
made in the form of the bonds to show that they are for a public
improvement or acquisition under this division.




10607.  The list of unpaid assessments shall be filed, the bonds
ordered issued, interest shall accrue from the date, and assessments
thereafter paid before maturity, bonds called, premium paid, and
illegal assessments and bonds reassessed, all as provided in the
Improvement Bond Act of 1915.



10608.  The bond shall be entitled "Improvement Bond."  The
provisions for payment of the bond before maturity, as contained in
the bond form in the Improvement Bond Act of 1915, shall be inserted
in the place of the similar provision in the bond form of the
Refunding Assessment Bond Act of 1935.  There shall also be inserted
in the bond form after the title of the refunding act the words "as
modified in the Municipal Improvement Act of 1913."



10609.  In all cases where bonds are to be issued under any of the
bond acts referred to in this chapter the proceedings shall be
subject to all of the curative clauses, limitation of actions, and
powers of reassessment provided in all of those acts, and the
publication of the notice of improvement shall be deemed to be the
publication of the resolution of intention.



10610.  Bonds issued pursuant to this chapter shall be conclusive
evidence of the regularity of all proceedings under this division
leading up to such issuance.