reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 4 - Summary Vacation › ARTICLE 2 - Procedure › Section 8336.

8336. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 1 - Reservation of Easements › Section 8340.

8340. In a proceeding to vacate a street or highway:
(a) A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
(b) A local agency may reserve and except from vacation an easement for a future street or highway, unless the local agency finds that the street or highway is unnecessary for prospective public use.
(c) If there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities.
(d) A public entity may reserve and except from the vacation, or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
(Amended by Stats. 1990, Ch. 248, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 1 - Reservation of Easements › Section 8341.

8341. (a) In a proceeding to vacate a street or highway, if the legislative body determines that the public convenience and necessity require the reservation and exception of easements and rights-of-way for works enumerated in Section 8340, such reservations and exceptions shall be recited in the resolution of vacation, in addition to any other matter required to be recited therein. The recital may describe the reservations and exceptions by reference to a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity.
(b) Subsequent proceedings of the public entity in relation to the vacation, including a deed or conveyance of title to or an interest in the property, are subject to, and governed by, the reservations and exceptions recited in the resolution of vacation and the deed or conveyance shall contain a recital to that effect.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 2 - Preservation of Public Easements › Section 8345.

8345. As used in this article, “public body” means a city or special district as defined in Section 54775 of the Government Code.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 2 - Preservation of Public Easements › Section 8346.

8346. (a) A public body or public utility may request a local agency for notice of proceedings to vacate a street or highway.
(b) Every local agency shall maintain an index of requests for notice of vacation proceedings received pursuant to this section. The index shall be made available to the public upon request.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 2 - Preservation of Public Easements › Section 8347.

8347. If a public body or public utility has requested notice of the vacation proceeding under Section 8346, the local agency shall give written notice of the vacation proceeding to the public body or public utility within 10 days after:
(a) The adoption of a resolution of intention or the filing of a petition to vacate.
(b) The adoption of the resolution of vacation in cases not covered by subdivision (a).
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 2 - Preservation of Public Easements › Section 8348.

8348. (a) Within 30 days after receipt of the notice of the vacation proceeding, the public body may:
(1) Determine that public convenience and necessity require a public easement to maintain, operate, replace, remove, or renew its existing works installed in the street or highway that is the subject of the vacation proceeding.
(2) File for record in the office of the recorder in the county in which the vacated street or highway is located, a verified notice of its public easement so determined over the street or highway, or part thereof, that is particularly described in the notice.
(b) Failure to record the notice of public easement within 30 days after receipt of the notice of the vacation proceeding extinguishes the right of the public body to a public easement.
(c) If the local agency fails to give the required notice of the vacation proceeding, the public body may determine and record notice of its public easement at any time within 180 days after recordation of the resolution of vacation. The failure of the public body to record its notice within the 180-day period extinguishes the right of the public body to a public easement over the vacated street or highway.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 5 - Reservation and Preservation of Easements › ARTICLE 2 - Preservation of Public Easements › Section 8349.

8349. Nothing in this article shall be construed to:
(a) Affect any reservation or the right to reserve easements pursuant to this chapter or any other provision of this code.
(b) Make the rights of the public in or to a street or highway subordinate to a public easement determined pursuant to this article.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 1 - Effect on Property Rights › Section 8350.

8350. Except as provided in Chapter 5 (commencing with Section 8340), the vacation of a street, highway, or public service easement extinguishes all public easements therein.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 1 - Effect on Property Rights › Section 8351.

8351. Except as otherwise provided in Chapter 5 (commencing with Section 8340) or in this chapter, upon the vacation of a street, highway, or public service easement:
(a) If the public entity owns only an easement for the street, highway, or public service purpose, title to the property previously subject to the easement is thereafter free from the easement for use for street, highway, or public service purposes, but not from any easement for vehicular or nonvehicular trail use that the public entity has previously granted to any other state or local public agency. If the easement is abandoned by resolution of the state or local public agency that was granted an easement for vehicular or nonvehicular trail use, the title to the property previously subject to the vehicular or nonvehicular easement is thereafter clear of the easement.
(b) If the public entity owns the title, the legislative body may dispose of the property as provided in this chapter.
(Amended by Stats. 1990, Ch. 248, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 1 - Effect on Property Rights › Section 8352.

8352. (a) Except as provided in Section 8353, vacation of a street, highway, or public service easement pursuant to this part does not affect a private easement or other right of a person (including, but not limited to, a public utility, the state, a public corporation, or a political subdivision, other than the local agency adopting the resolution of vacation) in, to, or over the lands subject to the street, highway, or public service easement, regardless of the manner in which the private easement or other right was acquired.
(b) A private easement or other right described in subdivision (a) is subject to extinguishment under the laws governing abandonment, adverse possession, waiver, and estoppel.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 1 - Effect on Property Rights › Section 8353.

8353. (a) Except as provided in subdivision (b), the vacation of a street or highway extinguishes all private easements therein claimed by reason of the purchase of a lot by reference to a map or plat upon which the street or highway is shown, other than a private easement of ingress and egress to the lot from or to the street or highway.
(b) A private easement claimed by reason of the purchase of a lot by reference to a map or plat upon which the street or highway is shown is not extinguished pursuant to subdivision (a) if, within two years after the date the vacation is complete, the claimant records a verified notice that particularly describes the private easement that is claimed in the office of the recorder of the county in which the vacated street or highway is located.
(c) Nothing in this section shall be construed to create a private easement, nor to extend a private easement now recognized by law, nor to make the rights of the public in or to a street or highway subordinate to a private easement. Nothing in this section affects the right of the owner of property that was subject to the vacated street or highway to commence an action to quiet title as against any claim of a private easement of any type, whether before or after recordation of a verified notice pursuant to this section.
(Repealed and added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 2 - Disposition of Excess Property › Section 8355.

8355. If the legislative body of a public entity determines that property previously subject to a street, highway, or public service easement, title to which is owned by the public entity, is no longer needed by the public:
(a) In the case of property owned by a local agency, the legislative body may sell or exchange the property in the manner, and upon the terms and conditions, approved by the legislative body.
(b) In the case of property owned by the state, the department shall dispose of the property as provided in Section 118.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 2 - Disposition of Excess Property › Section 8356.

8356. (a) Notwithstanding Section 8311, if a street or highway is vacated by a local agency under this part, or under any other law or under its charter, for the purpose of opening a new street or highway in lieu of that vacated, the legislative body of the local agency may, by resolution, unless otherwise provided in its charter, convey by deed its interest in the street or highway vacated to the owners of the lands adjacent to or fronting on the street or highway in such manner as it deems that equity requires.
(b) If title to the property occupied by the vacated street or highway is owned by the local agency, the legislative body may impose any reasonable conditions, or demand compensation by exchange of lands, or otherwise, before conveying the property.
(c) The deeds provided for in this section shall not be delivered to the grantees named in the deeds, until good and sufficient conveyances vesting in the local agency the title to the new street or highway opened in lieu of the street or highway vacated are delivered to the local agency.
(d) The authority granted in this section is permissive and does not affect any authority the local agency may have to hold the property for public use, dispose of the property by public bid, or take any other action with respect to the property authorized by law.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 6 - Effect of Vacation › ARTICLE 2 - Disposition of Excess Property › Section 8357.

8357. The purchase price for any property sold by the legislative body of a local agency pursuant to this article shall be paid into the treasury of the local agency to the credit of any fund, available for the same purposes for which the property was used, that the legislative body designates.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 7 - Agreements Limiting Vacation › Section 8360.

8360. A local agency may, by written contract, agree with another local agency that a street or highway running from either of the local agencies to, in, through, or across any incorporated territory of the other local agency may only be closed or vacated by the other local agency upon the consent and agreement of both local agencies.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 7 - Agreements Limiting Vacation › Section 8361.

8361. A written agreement between any local agencies made and ratified prior to January 1, 1981, by the respective legislative bodies of both local agencies and providing against the closing of streets or highways described in Section 8360, except in accordance with the terms of the agreement, is hereby ratified and declared valid.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 7 - Agreements Limiting Vacation › Section 8362.

8362. Whenever a written agreement is made pursuant to Section 8360, or has been made and is ratified by Section 8361, each contracting local agency has a public interest in the continued opening and use of any street or highway provided for in the agreement. The legislative body of the local agency in which the street or highway is located, shall only have power to close or vacate the street or highway in accordance with the laws of this state and in accordance with the written agreement evidenced by an effective resolution carrying into effect the written agreement and passed by the legislative body of the other local agency.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 9 - CHANGE OF GRADE AND VACATION › PART 3 - PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW › CHAPTER 7 - Agreements Limiting Vacation › Section 8363.

8363. Every agreement between local agencies made in accordance with the provisions of this chapter shall be recorded in the office of the county recorder of each county wherein lies any of the property through or across which the street or highway runs which is to be or has been closed or vacated.
(Added by Stats. 1980, Ch. 1050, Sec. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8502.

8502. This division provides an alternative system for the issuance of bonds to represent and be secured by the assessments made to pay the costs and expenses of the work or improvements referred to in this division and the provisions of this division shall not apply to or affect any other provisions of this code.
When any proceedings for the issuance of bonds are commenced under this division, the provisions of this division and no other shall apply to such proceedings.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8502.5.

8502.5. “Assessed” and “assessment” mean assessments made pursuant to subdivisions (d) and (e) of Section 10204, or other law pursuant to which the assessment was levied, as corrected and modified by the legislative body. “Assessed” and “assessment” do not include assessments to pay administrative costs made pursuant to subdivision (f) of Section 10204.
(Amended by Stats. 1993, Ch. 194, Sec. 2. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8504.

8504. “Legislative body” means:
(a) When used with reference to a county, the board of supervisors.
(b) When used with reference to a city, the body which by law constitutes the legislative department of the government of the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8505.

8505. “Clerk” means:
(a) When used with reference to a county, the person or officer who is or acts as the clerk of the legislative body of the county.
(b) When used with reference to a city, the person who is or acts as clerk of the legislative body of the city.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8506.

8506. “Treasurer” means:
(a) When used with reference to a county, the county treasurer.
(b) When used with reference to a city, the city treasurer.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8507.

8507. As used with reference to a county, “street superintendent” or “superintendent of streets” means the county surveyor, or such other competent county officer as may be appointed by the legislative body of the county to perform the duties imposed on the street superintendent.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8508.

8508. As used with reference to a county, “engineer” means the county surveyor, or such other competent county officer as may be appointed by the legislative body of the county to perform the duties imposed on the engineer.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8509.

8509. “Auditor” means:
(a) When used with reference to a county, the county auditor.
(b) When used with reference to a city, any person who is charged with the duty of extending taxes upon the assessment rolls and lists.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8510.

8510. “Tax collector” means:
(a) When used with reference to a county, the county tax collector.
(b) When used with reference to a city, the person who is charged with the duty of collecting taxes, advertising delinquent lists of unpaid taxes, selling lands thereunder and executing certificates of sale and deeds thereon.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8511.

8511. The provisions of this division relative to the time or place of performance of official duty or relative to the form of any resolution, notice, order, list, certificate of sale, deed or other instrument, are directory only.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 1 - GENERAL PROVISIONS › Section 8514.

8514. Notwithstanding any other provision of this division, income realized from the investment of money on deposit in a fund or account established pursuant to this division may be used, at the option of the legislative body, to pay all or any portion of any amount required to be rebated to the United States in order that interest on obligations issued pursuant to this division be excluded from gross income for purposes of federal income taxation.
(Added by Stats. 1990, Ch. 446, Sec. 8.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 2 - NOTICE › CHAPTER 1 - Notice by Publication › Section 8530.

8530. Whenever in this division a notice, resolution, order or other matter is required to be published and the manner of such publication is not specified, it shall be published in a daily, semiweekly, or weekly newspaper published and circulated in the city conducting the proceedings and which is selected by the legislative body for that purpose, or by the clerk or other officer issuing the notice or responsible for the publication where the legislative body has not selected any newspaper for that purpose.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 2 - NOTICE › CHAPTER 1 - Notice by Publication › Section 8531.

8531. Whenever in this division, a notice, resolution, order or other matter is required to be published and the time for such publication is not specified, it shall be published in two entire issues of the newspaper, one being on one day and the other issue being on a subsequent day of the same or a subsequent week.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 2 - NOTICE › CHAPTER 1 - Notice by Publication › Section 8532.

8532. If there is no newspaper published in the city any notices required to be published under any provision of this division may in lieu of publication, be given by posting in three public places in the city for at least 10 days.
The first posting shall be made not later than the date specified for the first publication of the notice.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 2 - NOTICE › CHAPTER 2 - Notice by Posting › Section 8550.

8550. Whenever in this division a notice, resolution, order or other matter is required to be posted and the time or method for such posting is not specified, the clerk shall conspicuously post the notice, resolution, order or other matter on the door of the legislative body’s regular meeting place for not less than five days.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8570.

8570. The legislative body of any city may determine that serial bonds, term bonds, or both, shall be issued as provided in this division to represent and be secured by assessments to pay the cost of any work or improvement in any of the streets, avenues, lanes, alleys, courts, places, or public ways of the city, or in, over, or through any property or rights-of-way owned by the city authorized by the Improvement Act of 1911 (Division 7 (commencing with Section 5000)), or by the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)), or to pay the cost of any other work or improvement charged and assessed upon real property pursuant to any other law. The legislative body may not issue bonds secured by assessments levied pursuant to subdivision (b) of Section 10312 to pay administrative costs.
(Amended by Stats. 1993, Ch. 194, Sec. 3. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8571.

8571. If the legislative body determines that bonds shall be issued as provided in this division to represent the expense of any proposed work or improvement, it shall, in the resolution of intention to do the work, do all of the following:
(a) Declare that bonds shall be issued pursuant to Division 10 (commencing with Section 8500) to represent the expenses of the proposed work or improvement.
(b) Specify the rate or maximum rate of interest which the bonds shall bear.
(c) State the determination of the city pursuant to Section 8769.
(Amended by Stats. 1990, Ch. 446, Sec. 10.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8571.3.

8571.3. (a) The legislative body may determine that bonds issued pursuant to this division shall not be subject to refunding pursuant to the procedures of Division 11 (commencing with Section 9000) or Division 11.5 (commencing with Section 9500) until a date specified in the format of the bond pursuant to Section 8652. This date shall not be more than ten years after the issuance date of the bond.
(b) This determination shall not apply to, or in any manner limit, advancement of the maturity of any bond or bonds pursuant to the procedures of Part 8 (commencing with Section 8680), Part 9 (commencing with Section 8700), Part 11 (commencing with Section 8750), or Part 11.1 (commencing with Section 8760).
(c) This determination shall not apply to, or in any manner limit, the redemption and payment of any bonds pursuant to subsequent assessment proceedings which provide for the payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new assessment district.
(Added by Stats. 1986, Ch. 874, Sec. 3. Effective September 17, 1986.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8571.5.

8571.5. The legislative body may determine that bonds issued pursuant to this division may be refunded under specified conditions. If the legislative body so determines, it shall, in the resolution of intention to do the work, include all of the following:
(a)  A declaration that bonds proposed in the resolution may be refunded.
(b)  The specific conditions under which the bonds may be refunded, including a maximum interest rate and maximum number of years to maturity of the refunding bonds.
(c)  A statement that any adjustment to assessments resulting from the refunding will be done on a pro rata basis.
The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500), except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the legislative body finds that each of the conditions specified in the resolution of intention is satisfied and that the adjustments to assessments are on a pro rata basis, the legislative body may approve and confirm the report and may, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5.
(Amended by Stats. 1986, Ch. 874, Sec. 5. Effective September 17, 1986.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8572.

8572. A similar description of the bonds shall be inserted in the assessment issued by the street superintendent to the contractor under the Improvement Act of 1911, or in the assessment prepared by the street superintendent and in the notice of recording the assessment if the work is done under the Municipal Improvement Act of 1913 or other law.
(Amended by Stats. 1993, Ch. 194, Sec. 4. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 3 - DETERMINATION TO ISSUE BONDS › Section 8573.

8573. The bond declaration in the resolution of intention, assessment, and notice of recording the assessment may be substantially in the following form:
“Notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed ____ percent per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature ____ years from the second day of September next succeeding 12 months from their date.”
(Amended by Stats. 1985, Ch. 65, Sec. 1. Effective June 6, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8620.

8620. After confirmation of the assessment by the legislative body and after the filing of the statement of payments received upon the assessment by the contractor if the assessment was levied under the Improvement Act of 1911, or after 30 days from the date of recording the assessment in the office of the superintendent of streets or district engineer, if the assessment was levied under the Municipal Improvement Act of 1913 or other law, the street superintendent shall make and file with the treasurer a complete list of all unpaid assessments, upon the assessment.
(Amended by Stats. 1993, Ch. 194, Sec. 5. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8622.

8622. The treasurer, if the assessment was levied under the Improvement Act of 1911, or the legislative body, if the assessment was levied under the Municipal Improvement Act of 1913 or other law, shall prescribe the denominations of the bonds, which shall be in convenient amounts, not necessarily equal, and shall provide for their issuance.
(Amended by Stats. 1993, Ch. 194, Sec. 6. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8623.

8623. The bonds shall be immediately delivered to the contractor or its assigns in satisfaction of the balance due upon the assessment and warrant if the assessment was levied under the Improvement Act of 1911, or, if the assessment was levied under the Municipal Improvement Act of 1913 or other law, the bonds shall be sold in the manner determined by the legislative body.
(Amended by Stats. 1993, Ch. 194, Sec. 7. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8624.

8624. The estimated cost of incidental expenses, as defined in the law under which the assessment was levied, shall be included in the assessment.
(Amended by Stats. 1993, Ch. 194, Sec. 8. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8625.

8625. If bonds can not be issued upon the security of any particular unpaid assessments because of a restraining order, injunction or other cause not applicable to other unpaid assessments, the issuance of bonds upon the security of the assessments not affected by such restraining order, injunction or other cause, shall not be delayed, and such bonds may be issued in advance of the issuance of the bonds so affected.
(Added by Stats. 1941, Ch. 79.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 5 - ISSUANCE OF BONDS › Section 8626.

8626. If the assessment was levied under the Municipal Improvement Act of 1913 or other law, the proceeds of the sale of the bonds shall be paid into the fund of the proceeding to represent the assessments for which the bonds were issued. If the bonds are sold for an amount in excess of par, the excess shall be paid into the fund specified in Section 10424 or other special fund specified in the law pursuant to which the assessment was levied to finance the acquisitions or improvements.
(Amended by Stats. 1993, Ch. 194, Sec. 9. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8650.

8650. (a) Except as provided otherwise by the legislative body pursuant to Section 8650.1, the bonds shall be issued in series and an even annual proportion of the aggregate principal sum thereof shall be payable on the second day of September every year succeeding the first 12 months after their date, until the whole is paid. The bonds shall bear interest at a rate not in excess of the maximum rate permitted by law from the 31st day after recording the assessment if the assessment was levied under the Improvement Act of 1911, or from their date if the assessment was levied under the Municipal Improvement Act of 1913 or other law, on all sums unpaid, until the whole of the principal sum and interest are paid.
(b) Interest shall be payable semiannually on the second day of March and September, respectively, of each year. The first payment of interest shall become due on the interest payment date which is six months before the maturity of the first series of bonds, but, 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. Interest shall be payable to the registered holders of the bonds as their names and addresses appeared on the records of the issuing agency or its registration agent on the 15th day of the calendar month preceding the interest payment date.
(Amended by Stats. 1993, Ch. 194, Sec. 10. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8650.1.

8650.1. The legislative body, in its discretion, may determine, either (a) in the resolution of intention describing the improvement work, or (b) thereafter in any change proceedings taken under and in accordance with the provisions of the same act under which the resolution of intention was adopted, that the principal amount of the bonds maturing or becoming subject to mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and it may determine that the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year will be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Notwithstanding Section 8651.5, to the extent that the determination to issue bonds pursuant to Section 8570 includes term bonds, the legislative body shall provide for mandatory prior redemption of those bonds, without premium, through annual sinking fund installments conforming to the requirements of this section.
Notwithstanding Section 8652, the legislative body may prescribe the form of the bonds and shall fix the date of the bonds. The legislative body may divide the principal amount of any issue into two or more divisions and fix different dates for the payment of bonds of each division. The bonds of one division may be made payable at different times than bonds of any other division.
The legislative body, in its discretion, may determine in like manner to classify assessments into different terms of maturity so that smaller assessments may be made to mature over a shorter period of time and, in that event, the bond declaration in the resolution of intention, or in the change proceedings taken under and in accordance with the provisions of the same act under which the resolution of intention was adopted, in the assessment, and in the notice of recording the assessment may recite that the last installment of bonds shall mature a maximum rather than an exact number of years from the second day of September next succeeding 12 months from their date.
(Amended by Stats. 1993, Ch. 613, Sec. 1. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8651.

8651. The final series of installment of the bonds shall mature and be payable on a date which shall not exceed 39 years from the second day of September next succeeding 12 months from their date.
(Amended by Stats. 1985, Ch. 65, Sec. 4. Effective June 6, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8651.5.

8651.5. Each bond, or any portion of the bond in a fixed amount or any integral multiple of the fixed amount, shall be subject to redemption in advance of its maturity on any interest payment date upon payment to the registered owner of the principal and accrued interest to the date of redemption together with a redemption premium equal to 5 percent of the principal. Prior to issuance of the bonds, the legislative body may provide for a reduction of the redemption premium to an amount equal to not less than 3 percent of the principal for the first five years of the term of the bonds or to any amount, including zero, after the first five years of the term of the bonds, or both.
(Amended by Stats. 1990, Ch. 446, Sec. 12.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8653.

8653. The bonds shall be signed by the treasurer and the clerk of the legislative body. However, the legislative body may by order authorize the use upon the bonds of an engraved, printed, or lithographed signature of the treasurer and the clerk of the legislative body in place of a signature by hand. It may also authorize the seal to be placed in like manner on the bonds.
(Amended by Stats. 2002, Ch. 221, Sec. 128. Effective January 1, 2003.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8654.

8654. The bonds shall bear interest at the rate specified or determined in the proceedings. The bonds maturing in any year shall constitute the annual series of that year and the aggregate principal of the bonds in such series shall equal the annual proportion of the aggregate principal sum of the entire bond issue hereinbefore referred to.
(Amended by Stats. 1985, Ch. 65, Sec. 8. Effective June 6, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6 - FORM AND CONTENT OF BONDS › Section 8655.

8655. The bonds, by their issuance, shall be conclusive evidence of the regularity of all proceedings had prior thereto under this division and under the law pursuant to which the assessment was levied.
(Amended by Stats. 1993, Ch. 194, Sec. 12. Effective January 1, 1994.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8660.

8660. As an alternative to any other authority, a legislative body may, at its discretion, issue bonds bearing a variable interest rate pursuant to this division. This part does not alter or restrict authority to authorize assessments or issue bonds pursuant to any other provision of this division in any way. All provisions of this division shall apply to proceedings pursuant to this part, except as expressly provided in this part.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8660.5.

8660.5. The legislative body may determine to issue serial or term bonds, or both, bearing a variable interest rate that represent and are secured by assessments which are made to pay the cost of any authorized work or improvement. The bonds shall be sold at not less than 95 percent of the principal amount in the manner determined by the legislative body.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8661.

8661. If the legislative body determines to issue bonds as provided in this part to represent the expense of any proposed work or improvement, it shall, in the resolution of intention to do the work, do all of the following:
(a) Declare that the serial or term bonds are issued pursuant to this division to represent the expenses of the proposed work or improvement.
(b) Specify that the bonds may bear a variable rate of interest.
(c) Specify the maximum rate of interest which the bonds may bear.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8662.

8662. The bonds shall be substantially in the form set forth in Section 8652, except as revised to conform to this part.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8663.

8663. The unpaid assessments shall be payable in substantially the manner set forth in subdivision (a) of Section 8680, or in substantially the same manner, but at more frequent intervals, as provided by the legislative body by resolution. The legislative body may designate an official, including an official other than the county tax collector, or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than through the property tax collection procedure prescribed in this division. The legislative body may authorize an additional assessment to pay the costs of collection, not to exceed the percentages or amounts set forth in Section 8682, and an additional amount to cover the costs of registration, not to exceed the percentages and amounts set forth in Section 8682.1. The legislative body may authorize an additional assessment to pay for incidental expenses of the financing. The assessments and the interest on the assessments for each pay period are payable at the end of the pay period and are delinquent thereafter, and shall bear the same proportionate penalties and interest after delinquency as the assessment installments in the subject proceedings.
(Amended by Stats. 1986, Ch. 874, Sec. 6. Effective September 17, 1986.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8663.5.

8663.5. Interest on all unpaid assessments shall run from the date of the bonds, and shall be computed for each interest pay period at the date determined pursuant to the terms of the bond for that interest pay period.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8664.

8664. Each bond, or any portion of the bond in a fixed amount or any integral multiple of the fixed amount, shall be subject to redemption in advance of its maturity on any interest payment date upon payment to the registered owner of the principal and accrued interest to the date of redemption together with a redemption premium, if any, as determined by the legislative body, not to exceed 5 percent of the principal.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8664.3.

8664.3. The legislative body may, by resolution, specify that the interest rate on the bonds may vary from time to time as determined by a bond index or some other means prescribed in the resolution.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 10 - THE IMPROVEMENT BOND ACT OF 1915 › PART 6.5 - VARIABLE INTEREST RATE BONDS › Section 8664.5.

8664.5. The legislative body may, by resolution, specify terms and conditions under which the bonds may be converted to a fixed interest rate.
(Added by Stats. 1985, Ch. 1332, Sec. 7. Effective October 1, 1985.)