reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 5 - IMPROVEMENT BONDS › CHAPTER 12 - Reinstatement of Bonds › Section 6631.

6631. Notwithstanding the provisions of Section 6619, the treasurer shall reinstate any delinquent bond upon which an action or proceeding for sale or foreclosure has been commenced, upon the payment to him of all principal and interest coupons delinquent at the time of such reinstatement together with:
(a) All penalties imposed pursuant to Section 6442.
(b) If the proceedings are pursuant to Chapter 6 (commencing with Section 6500) of this part, the expenses of publication of notice of sale paid or incurred by the treasurer, the cost of title search if incurred, the fees for filing with the county recorder a notice of pendency of sale pursuant to Part 3 (commencing with Section 3120) of Division 4.5, and the sum of three dollars ($3) for ascertainment by the treasurer of the name and address of the property owner.
(c) If the proceedings are pursuant to Chapter 11 (commencing with Section 6610) of this part, the costs of suit, the cost of abstract or report of search of title, authorized attorneys fees, and fees for filing with the county recorder a notice of pendency of foreclosure pursuant to Part 3 (commencing with Section 3120) of Division 4.5.
(d) A reinstatement fee determined as follows:
If the action or proceeding for sale or foreclosure was commenced within the following periods, measured from the date of the first delinquent principal or interest coupon:
1. Less than six months, the reinstatement fee shall be five dollars ($5);
2. Six months but less than a year, the reinstatement fee shall be ten dollars ($10);
3. One year or more, and
(i) The unpaid principal is less than one hundred dollars ($100), the reinstatement fee shall be fifteen dollars ($15);
(ii) The unpaid principal is one hundred dollars ($100) or more, the reinstatement fee shall be twenty dollars ($20).
(Amended by Stats. 1978, Ch. 483.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 5 - IMPROVEMENT BONDS › CHAPTER 12 - Reinstatement of Bonds › Section 6632.

6632. The holder of any bond so reinstated shall be entitled to all reinstatement payments made pursuant to Section 6631, adjusted for any difference between the estimated expenses of publication of the notice of sale and the actual expenses paid or incurred by the treasurer for such publication, and excepting penalties, if any, required to be retained by the treasurer pursuant to Section 6442. Upon receiving the reinstatement payments the treasurer shall enter on the record of the bond the word “reinstated,” giving the date thereof. Any bond so reinstated shall have the same effect and status as the original bond, with the same rights as to lien, payments, and foreclosure.
(Amended by Stats. 1967, Ch. 790.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 5 - IMPROVEMENT BONDS › CHAPTER 13 - Refunding of Bonds › Section 6640.

6640. Bonds issued pursuant to this part may be refunded pursuant to the procedures in Division 11.5 (commencing with Section 9500).
(Added by Stats. 1985, Ch. 1332, Sec. 6. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 1 - General Provisions › Section 6750.

6750. None of the provisions of Part 3 of this division relating to protests against the work shall apply to any work undertaken pursuant to the provisions of this part. All of the provisions of Part 3 of this division which are not inconsistent with the provisions of this part shall apply hereto.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 1 - General Provisions › Section 6751.

6751. As used in this part “roadbed” includes that portion of any street used by the track of any railroad between the rails and for two feet on each side thereof and between the tracks if there is more than one, and includes the rails of such track or tracks.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6760.

6760. Whenever any railroad track of any description exists upon any streets upon which the legislative body has ordered an improvement to be made, and has excepted the roadbed therefrom, the order, unless the legislative body by resolution has declared to the contrary, shall constitute a requirement that the person having the railroad track improve the roadbed with improvements similar in all respects to, and with the same materials, under the same specifications and superintendence, and to the some inspection and satisfaction as, those ordered to be performed by the order ordering the work.
(Added by Stats. 1986, Ch. 195, Sec. 152.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6761.

6761. The legislative body may by ordinance require increased depth of concrete between to the full depth of or under the ties, or both, if the legislative body in its judgment decides that this method of construction is necessary.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6762.

6762. The legislative body may also require by ordinance or otherwise, any person having railroad track or tracks on the street to pave alongside of and contiguous to its rails with special types of brick or paving blocks.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6763.

6763. The resolution of intention and notice of proposed improvement shall be notice to the person of the intention to order the improvement.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6764.

6764. When the legislative body acquires jurisdiction to order the improvement to be made, the person having the track on the streets to be improved shall notify, in writing, the superintendent of streets, if the person elects to enter upon the direct performance of the work at its own charge and expense.
The notice shall be delivered to the superintendent of streets within 10 days after the first publication of the notice of award of contract. The omission or neglect to make the election makes the superintendent of streets the agent of the owner of the track, with authority to enter into a contract in accordance with Section 20852 of the Public Contract Code for making the improvements.
(Added by Stats. 1986, Ch. 195, Sec. 153.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 2 - New Improvements › Section 6772.

6772. The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the improvement in accordance with this part of any portion of any street which is occupied by a railroad track.
(Added by Stats. 1986, Ch. 195, Sec. 154.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6780.

6780. Whenever any railroad track of any description exists upon any street which has been paved, macadamized, graveled, capped, or oiled either for the whole, or any portion of, the width of the roadway thereof along or near the line of the railroad track, and the roadbed thereof has not been improved similarly in all respects to and with the same materials as the street along the line of the track; or where any portion of the roadbed, whether so improved or not is out of repair or is not on the official grade of the street or has small hummocks or ridges or loose rock upon or along the roadbed or the materials composing the roadbed next to the rails of the track are not flush with the top of the rails or the sides thereof, the legislative body may, by resolution, require and order the person having or owning the railroad track to improve the roadbed thereof by making repairs or by bringing the roadbed to the official grade or removing the hummocks or ridges or loose rock upon or along the roadbed or making the roadbed and the materials thereof flush with the top or sides of the rails of the track.
(Added by Stats. 1986, Ch. 195, Sec. 155.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6781.

6781. The legislative body may require and order any or all of the work designated in the resolution to be done in the manner designated therein.
(Added by Stats. 1986, Ch. 195, Sec. 156.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6782.

6782. The legislative body may also require, by resolution, any person to pave alongside of, and contiguous to, its rails with special type of brick or paving blocks or other material.
(Added by Stats. 1986, Ch. 195, Sec. 157.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6783.

6783. The resolution to require and order the work shall be personally served upon the person having or owning the railroad track, or service thereof may be made upon any agent, representative, or officer of that person. When served, the resolution is notice to that person of the intention to order the work designated in the resolution.
(Added by Stats. 1986, Ch. 195, Sec. 158.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6784.

6784. The person served shall notify, in writing, the superintendent of streets of the city where the work is to be done if the person elects to enter upon the direct performance of the work at his or her own charge or expense. The notice shall be delivered to the superintendent of streets within 10 days after the service of the resolution requiring the work.
(Added by Stats. 1986, Ch. 195, Sec. 159.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6785.

6785. The omission or neglect to make the election by delivering the notice makes the superintendent of streets the agent of the owner of the track with the authority to enter into a contract made in accordance with this chapter and the Public Contract Code for doing the work.
The superintendent of streets shall thereupon be vested with authority to, and he or she shall, advertise for bids for the work and fix in the notice the time for receiving bids which shall be not less than five days from the first publication of the notice.
(Added by Stats. 1986, Ch. 195, Sec. 160.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 7 - THE IMPROVEMENT ACT OF 1911 › PART 6 - IMPROVEMENT OF RAILWAY ROADBEDS › CHAPTER 3 - Repairs and Improvements to Street Standards › Section 6794.

6794. The legislative body, by ordinance, may prescribe and enforce additional regulations and penalties that it deems necessary to compel the doing of the work as provided in this chapter on any portion of any street occupied by any railroad track.
(Added by Stats. 1986, Ch. 195, Sec. 161.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8003.

8003. “City council” and “council” include any body which by law is the legislative department of the government of the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8004.

8004. “Clerk” and “city clerk” include any person or officer who is clerk of the city council.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8005.

8005. “Street superintendent” includes any person, officer or board whose duty it is under the law to have the care or charge of streets, or the improvement thereof, in any city. In any city in which there is no street superintendent, or no such board, the legislative body may designate some other officer or board to perform the duties imposed by this part on the street superintendent, and all the provisions hereof applicable to the street superintendent shall apply to the officer or board so designated.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8006.

8006. “Street” includes public street, lane, alley, court, or other place.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8008.

8008. Proof of publication of any notice required by this part shall be made by affidavit, as provided in the Code of Civil Procedure, and proof of the posting of any such notice shall be made by the affidavit of the person posting the notice, setting forth the facts regarding such posting.
Any officer who is required by this part to have any notice published or posted shall obtain and file in his office the affidavits in proof thereof but his failure so to do shall not affect the validity of any proceedings under this part. Any such affidavit so filed shall be prima facie evidence of the facts therein stated regarding such publication or posting.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 1 - General Provisions › Section 8009.

8009. This part provides an alternative system of proceedings for changing or modifying the grades of streets in cities; and the provisions of this part shall not apply to or affect any other provisions of this code.
When any proceedings are commenced under this part, the provisions of this part, and no other, shall apply to such proceedings.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8020.

8020. The city council of any city may change or modify the grade of streets therein, in the manner provided in this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8021.

8021. The election of the city council to proceed under the provisions of this part shall be expressed in its ordinance of intention to order any change or modification of grade.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8022.

8022. Before any change or modification of grade is ordered, the city council shall pass an ordinance of intention to order such change or modification of grade. The ordinance of intention shall name or otherwise designate the street the grade of which, or any portion of which is proposed to be changed or modified, and shall set forth the change or modification of grade proposed to be made.
One or more streets or portions thereof may be included in the same ordinance of intention.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8023.

8023. The ordinance of intention shall be posted conspicuously for two days on or near the chamber door of the city council, and shall be published by two insertions in a daily or weekly newspaper published and circulated in the city, and designated by the council for that purpose. If no such newspaper is published and circulated in the city, the ordinance of intention shall be posted for two days on or near the council chamber door, and in two other public places in the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8024.

8024. The street superintendent shall thereupon cause copies of the notice of the passage of the ordinance of intention to be conspicuously posted along all streets or portions thereof designated in the ordinance of intention, where such change or modification of grade is proposed to be made, at not more than 100 feet in distance apart, but not less than three notices in all.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8025.

8025. The notice shall be headed “Notice of Change of Grade,” in letters of not less than one inch in height, and shall in legible characters state the fact of the passage of the ordinance of intention, its date, the name or other designation of the street or portion thereof the grade of which is proposed to be changed or modified, and shall refer to the ordinance of intention for further particulars.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 2 - The Ordinance of Intention › Section 8026.

8026. The street superintendent shall also cause a notice similar in substance to be published for six days in a daily newspaper published and circulated in the city, and designated by the city council for that purpose, or in cities in which there is no daily newspaper, he shall cause the notice to be published by two insertions in a weekly newspaper so published, circulated and designated. If there is no daily or weekly newspaper published in the city, the notice shall be posted for six days on or near the council chamber door, and in two other public places in the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8040.

8040. Any person owning any real property fronting upon any street or portion thereof on which such change or modification of grade is proposed to be made, may, within 30 days after the first publication of the notice of the passage of the ordinance of intention, or within 30 days after the first posting thereof if no publication thereof is made, file with the clerk of the city council a written protest against such proposed change or modification of grade.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8041.

8041. Every protest shall contain a description of the property owned by each signer thereof, sufficient to identify the property, and if signed by more than one person, shall be accompanied by the affidavit of one of the signers that each signature thereto is the genuine signature of the person whose name purports to be thereto subscribed. If any signature is made by an agent, there shall be attached to the protest the affidavit of the agent that he is duly authorized to sign such protest. Any protest which does not comply with the foregoing requirements shall not be considered by the city council.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8042.

8042. The clerk of the city council shall indorse on every protest the date it is filed with him and at the next regular meeting of the city council after the expiration of the time for filing protest, shall present to the city council all protests so filed with him.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8043.

8043. If the city council finds that such protests are signed by the owners of a majority of the frontage of the property fronting on the street or portion thereof on which the change or modification of grade is proposed to be made, all further proceedings under the ordinance of intention shall be barred for six months from and after the filing of such majority protests, except as provided in this chapter, unless the owners of a majority of such frontage shall in the meantime petition the same change or modification of grade to be made. A new ordinance of intention to make a different change or modification of grade of the same street or portion thereof may be passed at any time.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8044.

8044. If the ordinance of intention designates any street or portion thereof, the grade of which is proposed to be changed or modified, and there is included in the ordinance of intention any other street or portion thereof, intersecting therewith or terminating therein, the grade of which is also proposed to be changed or modified, neither proposed change or modification of grade shall be barred by any protests unless such protests are signed by the owners of a majority of the total frontage of the property fronting on all such streets or portions thereof where such change or modification of grade is proposed to be made.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8045.

8045. If the city council finds that:
(a) Such protests are not signed by the owners of a majority of the property fronting on the street or portion thereof on which such change or modification of grade is proposed to be made; or
(b) The proposed change or modification of grade extends for a distance of not more than one block, and the grade of such street for at least one block thereof immediately adjacent to the block in which such change or modification of grade is proposed to be made, on each side thereof, has already been established; or
(c) The proposed change or modification of grade extends for a distance of not more than one block at the end of a street, and the grade thereof for at least one block thereof immediately adjacent to such block has already been established, the city council shall thereupon fix a time for hearing such protests, which time shall be not less than 10 days after the meeting of the council at which such time is so fixed.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8046.

8046. Thereupon the city council shall cause notice of the time and place of such hearing to be published for two days in a daily newspaper published and circulated in the city, or by one insertion in a weekly newspaper so published and circulated. If no daily or weekly newspaper is published and circulated in the city, then the notice shall be posted for two days on or near the council chamber door, and in two other public places in the city. Such publication or posting shall be completed at least five days before the hearing.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8047.

8047. At the time and place appointed for the hearing of protests or at any time to which the hearing thereof may be continued, the city council shall hear and pass upon the protests, and its decision thereon shall be final and conclusive. If the protests are sustained, no further proceedings shall be had under the ordinance of intention but a new ordinance of intention to make the same or a different change or modification of grade may be passed at any time. If the protests are denied, the proceedings shall continue as if such protests had not been filed.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8048.

8048. Except as otherwise provided in this chapter, the person owning the fee or the person in whom, on the day any protest or petition is filed, the legal title to real property appears, by deed duly recorded in the county recorder’s office of the county in which the city is situated, shall be deemed to be the owner thereof for the purpose of this part. But any person in possession of real property as the executor, administrator, trustee, guardian, or other legal representative of the owner, or any person in possession of real property under a written contract of purchase duly recorded, shall be deemed to be the owner thereof for the purposes of this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 3 - Protests and Hearing › Section 8049.

8049. In the case of property held by tenancy in common, if any cotenant signs a protest under this part, only the proportionate share of the frontage thereof represented by his interest therein shall be counted in determining the amount of frontage represented by the protest. If the change or modification of grade proposed by the ordinance of intention is only on one side of any street or portion thereof, only the owners of the real proeprty fronting on the side of such street or portion thereof where such change or modification of grade is proposed to be made, shall be entitled to make or file a protest under the provisions of this part.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 4 - Ordering the Change of Grade › Section 8060.

8060. If no protests are filed within the time provided, or if protests are filed and after hearing are denied, as provided in this part, the city council shall acquire jurisdiction to order to be made and shall by ordinance order the change or modification of grade as proposed by and described in the ordinance of intention to be made.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 4 - Ordering the Change of Grade › Section 8061.

8061. The ordinance ordering the change or modification of grade shall be published by two insertions in a daily or by one insertion in a weekly newspaper published and circulated in the city. If no such newspaper is published and circulated therein, the ordinance shall be posted for two days on or near the council chamber door, and in two other public places in the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 1 - CHANGE OF GRADE ACT OF 909 › CHAPTER 4 - Ordering the Change of Grade › Section 8062.

8062. If the grade of any street or portion thereof has been heretofore or is hereafter changed or modified, nothing in this part shall be construed to prevent any subsequent change or changes, modification or modifications of grade of any such street or portion thereof.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 1 - General Provisions › Section 8101.

8101. As used in this part:
(a) “Project” means an overpass, underpass, or tunnel, or any combination thereof, at a single crossing, the planning, construction and maintenance of which is authorized by this part.
(b) “District” means separation of grade district.
(c) “County” means the county in which the district or proposed district is situated.
(d) “Board” means board of supervisors of the county in which the district or proposed district is situated.
(e) “Commission” means the commission provided in Chapter 3 of this part.
(Amended by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8115.

8115. Separation of grade districts may be formed as provided in this part and may exercise the powers herein granted. Any such district shall consist of contiguous areas within a single county and shall include either a city and unincorporated territory or two or more cities with or without unincorporated territory.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8116.

8116. Whenever the board of any county finds that the safety and welfare of the residents of contiguous areas within the county require formation of a district to provide for a separation of grade, it shall by resolution so declare. If two or more cities are involved without any unincorporated territory no resolution shall be adopted under this section until the interested city councils request by resolution the adoption of such resolution.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8117.

8117. The resolution shall contain all of the following:
(a) A statement of intention to form the district and of the necessity for and purpose of its formation.
(b) A description of the unincorporated territory to be included.
(c) A statement of the general location of the project or projects for the construction and maintenance of which the district is to be formed.
(d) The name of the proposed district.
(e) A statement of time and place at which objections to the formation of the district or to its extent will be heard, which time shall not be less than 30 days after the adoption of the resolution.
(f) The name and telephone number of a local department or agency designated by the board of supervisors to answer inquiries regarding the hearing proceedings.
(Amended by Stats. 1975, Ch. 968.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8118.

8118. The resolution shall be published at least once a week for two weeks, at the discretion of the board, in a newspaper of general circulation published in the proposed district. The first publication shall be made at least twenty days prior to the date of the hearing.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8119.

8119. The hearing may be continued from time to time and from place to place for not exceeding a total of sixty days by public declaration thereof, and no other notice of the fact of such continuance need be given.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8120.

8120. At the hearing the board shall hear all relevant and pertinent objections to the formation of or extent of the district and may, in its discretion, hear arguments against the objections urged.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8121.

8121. At the hearing, or within twenty days after the adjournment thereof, the board shall determine:
(a) Whether the proposed district shall be formed.
(b) What, if any, portion of the unincorporated area should be excluded from the district because not benefited by its formation.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8121.5.

8121.5. The board shall exclude uninhabited farm acreage from the district as not benefited. For the purpose of this section, “farm acreage” means any land which is under cultivation or which is being used for pasture or grazing at the time of the hearing.
(Amended by Stats. 1953, Ch. 1230.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8122.

8122. If the board determines that the district shall be formed, it shall by resolution:
(a) Describe the territorial extent of the proposed district.
(b) State the name of the proposed district.
(c) Call an election to be held in the proposed district for the purpose of determining whether or not it is to be formed.
(e) Fix the date of the election and the time the polls will be open.
(f) Establish election precincts, designate polling places, and appoint election officers.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8123.

8123. The resolution shall be published at least once a week for two weeks in a newspaper of general circulation published in the proposed district. The first publication shall be at least thirty days prior to the election.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8124.

8124. Except where inconsistent with the provisions of this part, the election shall be held and conducted as provided by law for the holding of special elections in the county.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8125.

8125. The canvass of the returns of the election shall be made at the same time in the same manner and by the same officers as provided by law for special elections in the county. If the canvass is made by an officer other than the board, he shall transmit the results to the board, who shall thereupon declare the results of the election.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8126.

8126. If a majority of votes cast in each city and if a majority of votes cast in the unincorporated area within the proposed district are favorable, the board shall, by resolution, declare the district duly organized, state its name and describe its boundaries.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 2 - Formation of District › Section 8127.

8127. A certified copy of the resolution shall be recorded in the office of the county recorder of the county in which the district is situated and filed with the Secretary of State. The organization shall thereupon be complete.
(Amended by Stats. 1959, Ch. 504.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8130.

8130. Upon the completion of the formation of the district, if the district is comprised of one city and unincorporated territory, the board shall appoint a commission composed of five members, three of whom shall be electors in the city and two of whom shall be electors in the unincorporated area within the district.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8130.1.

8130.1. Upon the completion of the formation of the district, if the district is comprised of two or more cities and unincorporated territory, the board shall appoint a commission composed of five members. The number of commissioners shall be so divided as to relate the number of commissioners from each unit as closely as possible to the proportion which the assessed valuation of that unit, as shown on the last equalized assessment roll of the county, bears to the total assessed valuation within the district at the time the district is formed, except that each unit shall have at least one commissioner. For the purposes of this section, all of the unincorporated area in the district shall be considered a single unit.
If the district is comprised of two or more cities, without unincorporated territory, the appointment of commissioners shall be by the city councils of the respective cities, each such council appointing the number determined by the board as provided above.
(Added by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8131.

8131. The commissioners first appointed shall so classify themselves by lot, that one member holds office for one year, one for two years, one for three years, and two for four years, thereafter appointments shall be for a four-year term.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8132.

8132. Each commissioner shall serve until the appointment and qualification of his successor. Vacancies shall be filled for the unexpired term.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8133.

8133. Within twenty days after their appointment, the commissioners shall meet and elect one member president, one member vice-president, and one member secretary. The terms of office of officers shall be one year.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 3 - The Commission › Section 8134.

8134. The commission is authorized to pay each commissioner an amount not to exceed one hundred dollars ($100) for each meeting of the commission attended by the commissioner, not exceeding two meetings during any one calendar month, together with expenses necessarily incurred by the commissioner in traveling between his or her place of residence and the place of meeting, and while traveling in connection with the business of the commission, when previously authorized by the commission.
(Amended by Stats. 1986, Ch. 105, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 5 - Preliminary Plans and Surveys › Section 8160.

8160. Before the construction of any project, and before the calling of any election for the issuance of bonds, the commission shall employ one or more engineers, or contract for engineering services with any city within the district or with the county, who shall make all necessary surveys, and prepare maps showing the location, cross-section and profile of the proposed project. The engineer shall also prepare specifications for the construction of the project and estimates of the cost of construction and of acquiring rights of way. These surveys, maps, specifications and estimates shall, upon approval by the commission, be promptly adopted by order entered upon the minutes and filed with its secretary, and when so adopted shall constitute the plan of the district for the proposed project.
(Amended by Stats. 1957, Ch. 298.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 5 - Preliminary Plans and Surveys › Section 8161.

8161. Notwithstanding the provisions of Section 8117, upon the completion of the surveys referred to in Section 8160 and upon recommendation of the engineer or engineers, in which recommendation shall be included the estimate of cost of each proposed improvement, the commission by resolution duly adopted and recorded in its minutes may approve any changes in the location or locations of the projects described by the board of supervisors in its resolution of intention to form the district, as to the commission may appear reasonable and proper under the circumstances. The said resolution shall set forth the reasons for such changes or additions and the cost of each project as recommended in the engineer’s report.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8190.

8190. At any time after the adoption of a plan for a project or the letting of a contract for the construction of the whole or any portion of the project, the commission may, by order entered in its minutes, call an election for the purpose of determining whether bonds should be issued for the acquisition of rights of way for and the construction of such project and for the payment of such contract.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8191.

8191. The order shall fix the day of the election, shall describe the exact location of each project for which bonds are to be issued, shall specify the amount of the bond issue for each project, and shall state in general terms that the money raised from the sale of the bonds for each project shall be used only for the acquisition of rights-of-way for and the construction of, the project for which bonds shall have been issued. If the election is called for the payment of a contract entered into by the commission the order shall state the terms of the contract in such manner as will advise the electors of its contents. Any money raised by means of a bond issue which remains on hand after the acquisition of rights-of-way and construction have been completed, shall be expended in the betterment and maintenance of the project for which the bonds have been voted or for payment on the principal of the bonds.
(Amended by Stats. 1963, Ch. 876.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8192.

8192. Notice of the election shall be given in the manner and for the time provided for in Section 8123. The election shall be held and conducted in the same manner as provided for holding and conducting an election for approval of the formation of the district, except that the commission shall perform the duties prescribed for the board.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8192.5.

8192.5. On the ballot at the election each project shall be submitted as a separate proposition, together with a description of the exact location of the project and a statement of the amount of bonds to be issued for the project.
(Added by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8193.

8193. After the vote has been counted and the result announced by the election officers, the ballots shall be sealed up and delivered to the secretary of the commission, with the election returns. The commission shall at its next meeting canvass the returns and enter the result upon its minutes. This entry in the minutes is conclusive evidence of the fact and regularity of all prior proceedings required by this part and of the facts stated in the entry.
(Added by Stats. 1949, Ch. 1147.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8194.

8194. If at the election two-thirds, or more, of the votes cast on a proposition are in favor of the issuance of bonds for the project described in the proposition for which bonds are proposed to be issued, the commission is authorized to and shall issue and sell the bonds as proposed in the order calling the election for such project. If the result of the election is against the issuance of bonds for any or all projects, no other election upon the same project or projects defeated in such election shall be called or held for one year after such election.
(Amended by Stats. 1955, Ch. 1486.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 2 - SEPARATION OF GRADE DISTRICTS › CHAPTER 7 - Approval of Construction Plans › Section 8195.

8195. A project may be constructed with money raised by taxation instead of a bond issue if authorized by two-thirds, or more, of the votes cast at an election called for the purpose of determining if the project shall be so constructed. Elections called to authorize the construction of projects with money raised by taxation shall be called and held in the same manner as is provided for bond elections.
(Added by Stats. 1949, Ch. 1147.)