State Codes and Statutes

Statutes > California > Shc > 25490-25498

STREETS AND HIGHWAYS CODE
SECTION 25490-25498



25490.  If a court of competent jurisdiction determines that any
contract, proceeding, step or action taken, levy made, or any bonds
issued under this part are void, invalid, or unenforceable, or if
such court shall for any reason enjoin the issuance or payment of any
bonds proposed to be issued or paid under the provisions of this
part the court shall also determine whether or not any improvement
has been made or services rendered by any person in behalf of and for
the benefit of the district under any invalid contract or proceeding
or under any contract pursuant to which invalid bonds were issued or
proposed to be issued, and if so what part, if any, is of a kind
that the district might have lawfully authorized.




25491.  If the court finds that any such improvement has been made,
or services rendered, or necessary rights of way or property
acquired, the court shall order the board of directors of the
district to take the steps authorized in this chapter for the
issuance of bonds to cover the cost of the same. The board of
directors of the district may also utilize the provisions of this
chapter without order of court when it is necessary to correct any
invalid act or proceeding which has resulted in a benefit to the
district and which it might have lawfully authorized.




25492.  It is the purpose of this chapter to make the costs and
expenses of all improvements made, or services rendered, and all
necessary acquisitions of property or rights of way obtained, under
an attempted compliance with and exercise of the powers and rights
conferred by this part, payable by the property benefited or to be
benefited thereby, by the issuance of bonds as provided in this
chapter for the purpose of defraying the costs and expenses thereof.



25493.  The board of directors shall cause a report on the bond
issue proposed under this chapter to be made and filed by the
district engineer or some other competent person appointed for that
purpose. The report shall contain:
   (a) A statement in general terms of what the proposed bond issue
is to cover, together with the total amount of the same. The total
amount shall not exceed the original charge made against the district
for the items included, plus a reasonable interest thereon not to
exceed 6 per cent per annum.
   (b) A description of the lands benefited by the items for which
the bonds are proposed to be issued.
   (c) A description of the zones, if any, into which such district
is to be divided, and a statement of the amounts (not exceeding the
percentages of the total sum established for the several counties
within the district under Section 25154 hereof) proposed to be made
chargeable against each of such zones.
   (d) A description of the bonds to be issued for the total amount
set forth in the report.


25494.  The report shall be filed with the secretary of the board of
directors, who shall thereupon fix a time and place for hearing the
report and shall give notice thereof. Notice of the hearing shall be
published at least twice in one or more newspapers of general
circulation selected by the secretary, from those which are published
and circulated within the boundaries of the land within the district
which will be benefited by the items for which the bonds are to be
issued. The last publication of notice of hearing shall be not less
than 20 days prior to the date set for the hearing.



25495.  At the time of the hearing, or at any time to which the
hearing may be continued, any person interested may appear and be
heard upon any of the matters set forth in the report. The board of
directors may confirm, revise, correct or modify the report in
accordance with the facts found.



25496.  At the conclusion of the hearing the board shall adopt a
resolution declaring its findings upon the report. When adopted the
resolution shall be final and conclusive upon all persons and in all
proceedings or actions as to all matters so found. If no changes are
made in the report, the board shall declare that the report is
confirmed and that declaration shall constitute the findings of the
board.



25497.  The bonds issued under this chapter shall in terms and form
conform substantially to the provisions contained in Chapter 18
relating to funding bonds and shall be payable in not more than five
annual installments. The annual amounts required for the payment of
principal and interest on any bonds issued under this chapter shall
be levied and collected in the same manner as the annual amounts
required for the payment of principal and interest on funding bonds.



25498.  Upon the adoption of the resolution by the board, the
treasurer of the district shall immediately cause bonds to be issued
in the amount and manner provided in the resolution. The bonds shall
be dated as of the date of the resolution and shall be issued and
delivered to the persons entitled thereto. No action or proceeding
shall be commenced or maintained after 60 days from the date of their
issuance to cancel or set aside the bonds or prevent the payment
thereof, or the levy, collection or enforcement of any taxes,
assessment taxes or other charges or levies for such payment.


State Codes and Statutes

Statutes > California > Shc > 25490-25498

STREETS AND HIGHWAYS CODE
SECTION 25490-25498



25490.  If a court of competent jurisdiction determines that any
contract, proceeding, step or action taken, levy made, or any bonds
issued under this part are void, invalid, or unenforceable, or if
such court shall for any reason enjoin the issuance or payment of any
bonds proposed to be issued or paid under the provisions of this
part the court shall also determine whether or not any improvement
has been made or services rendered by any person in behalf of and for
the benefit of the district under any invalid contract or proceeding
or under any contract pursuant to which invalid bonds were issued or
proposed to be issued, and if so what part, if any, is of a kind
that the district might have lawfully authorized.




25491.  If the court finds that any such improvement has been made,
or services rendered, or necessary rights of way or property
acquired, the court shall order the board of directors of the
district to take the steps authorized in this chapter for the
issuance of bonds to cover the cost of the same. The board of
directors of the district may also utilize the provisions of this
chapter without order of court when it is necessary to correct any
invalid act or proceeding which has resulted in a benefit to the
district and which it might have lawfully authorized.




25492.  It is the purpose of this chapter to make the costs and
expenses of all improvements made, or services rendered, and all
necessary acquisitions of property or rights of way obtained, under
an attempted compliance with and exercise of the powers and rights
conferred by this part, payable by the property benefited or to be
benefited thereby, by the issuance of bonds as provided in this
chapter for the purpose of defraying the costs and expenses thereof.



25493.  The board of directors shall cause a report on the bond
issue proposed under this chapter to be made and filed by the
district engineer or some other competent person appointed for that
purpose. The report shall contain:
   (a) A statement in general terms of what the proposed bond issue
is to cover, together with the total amount of the same. The total
amount shall not exceed the original charge made against the district
for the items included, plus a reasonable interest thereon not to
exceed 6 per cent per annum.
   (b) A description of the lands benefited by the items for which
the bonds are proposed to be issued.
   (c) A description of the zones, if any, into which such district
is to be divided, and a statement of the amounts (not exceeding the
percentages of the total sum established for the several counties
within the district under Section 25154 hereof) proposed to be made
chargeable against each of such zones.
   (d) A description of the bonds to be issued for the total amount
set forth in the report.


25494.  The report shall be filed with the secretary of the board of
directors, who shall thereupon fix a time and place for hearing the
report and shall give notice thereof. Notice of the hearing shall be
published at least twice in one or more newspapers of general
circulation selected by the secretary, from those which are published
and circulated within the boundaries of the land within the district
which will be benefited by the items for which the bonds are to be
issued. The last publication of notice of hearing shall be not less
than 20 days prior to the date set for the hearing.



25495.  At the time of the hearing, or at any time to which the
hearing may be continued, any person interested may appear and be
heard upon any of the matters set forth in the report. The board of
directors may confirm, revise, correct or modify the report in
accordance with the facts found.



25496.  At the conclusion of the hearing the board shall adopt a
resolution declaring its findings upon the report. When adopted the
resolution shall be final and conclusive upon all persons and in all
proceedings or actions as to all matters so found. If no changes are
made in the report, the board shall declare that the report is
confirmed and that declaration shall constitute the findings of the
board.



25497.  The bonds issued under this chapter shall in terms and form
conform substantially to the provisions contained in Chapter 18
relating to funding bonds and shall be payable in not more than five
annual installments. The annual amounts required for the payment of
principal and interest on any bonds issued under this chapter shall
be levied and collected in the same manner as the annual amounts
required for the payment of principal and interest on funding bonds.



25498.  Upon the adoption of the resolution by the board, the
treasurer of the district shall immediately cause bonds to be issued
in the amount and manner provided in the resolution. The bonds shall
be dated as of the date of the resolution and shall be issued and
delivered to the persons entitled thereto. No action or proceeding
shall be commenced or maintained after 60 days from the date of their
issuance to cancel or set aside the bonds or prevent the payment
thereof, or the levy, collection or enforcement of any taxes,
assessment taxes or other charges or levies for such payment.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 25490-25498

STREETS AND HIGHWAYS CODE
SECTION 25490-25498



25490.  If a court of competent jurisdiction determines that any
contract, proceeding, step or action taken, levy made, or any bonds
issued under this part are void, invalid, or unenforceable, or if
such court shall for any reason enjoin the issuance or payment of any
bonds proposed to be issued or paid under the provisions of this
part the court shall also determine whether or not any improvement
has been made or services rendered by any person in behalf of and for
the benefit of the district under any invalid contract or proceeding
or under any contract pursuant to which invalid bonds were issued or
proposed to be issued, and if so what part, if any, is of a kind
that the district might have lawfully authorized.




25491.  If the court finds that any such improvement has been made,
or services rendered, or necessary rights of way or property
acquired, the court shall order the board of directors of the
district to take the steps authorized in this chapter for the
issuance of bonds to cover the cost of the same. The board of
directors of the district may also utilize the provisions of this
chapter without order of court when it is necessary to correct any
invalid act or proceeding which has resulted in a benefit to the
district and which it might have lawfully authorized.




25492.  It is the purpose of this chapter to make the costs and
expenses of all improvements made, or services rendered, and all
necessary acquisitions of property or rights of way obtained, under
an attempted compliance with and exercise of the powers and rights
conferred by this part, payable by the property benefited or to be
benefited thereby, by the issuance of bonds as provided in this
chapter for the purpose of defraying the costs and expenses thereof.



25493.  The board of directors shall cause a report on the bond
issue proposed under this chapter to be made and filed by the
district engineer or some other competent person appointed for that
purpose. The report shall contain:
   (a) A statement in general terms of what the proposed bond issue
is to cover, together with the total amount of the same. The total
amount shall not exceed the original charge made against the district
for the items included, plus a reasonable interest thereon not to
exceed 6 per cent per annum.
   (b) A description of the lands benefited by the items for which
the bonds are proposed to be issued.
   (c) A description of the zones, if any, into which such district
is to be divided, and a statement of the amounts (not exceeding the
percentages of the total sum established for the several counties
within the district under Section 25154 hereof) proposed to be made
chargeable against each of such zones.
   (d) A description of the bonds to be issued for the total amount
set forth in the report.


25494.  The report shall be filed with the secretary of the board of
directors, who shall thereupon fix a time and place for hearing the
report and shall give notice thereof. Notice of the hearing shall be
published at least twice in one or more newspapers of general
circulation selected by the secretary, from those which are published
and circulated within the boundaries of the land within the district
which will be benefited by the items for which the bonds are to be
issued. The last publication of notice of hearing shall be not less
than 20 days prior to the date set for the hearing.



25495.  At the time of the hearing, or at any time to which the
hearing may be continued, any person interested may appear and be
heard upon any of the matters set forth in the report. The board of
directors may confirm, revise, correct or modify the report in
accordance with the facts found.



25496.  At the conclusion of the hearing the board shall adopt a
resolution declaring its findings upon the report. When adopted the
resolution shall be final and conclusive upon all persons and in all
proceedings or actions as to all matters so found. If no changes are
made in the report, the board shall declare that the report is
confirmed and that declaration shall constitute the findings of the
board.



25497.  The bonds issued under this chapter shall in terms and form
conform substantially to the provisions contained in Chapter 18
relating to funding bonds and shall be payable in not more than five
annual installments. The annual amounts required for the payment of
principal and interest on any bonds issued under this chapter shall
be levied and collected in the same manner as the annual amounts
required for the payment of principal and interest on funding bonds.



25498.  Upon the adoption of the resolution by the board, the
treasurer of the district shall immediately cause bonds to be issued
in the amount and manner provided in the resolution. The bonds shall
be dated as of the date of the resolution and shall be issued and
delivered to the persons entitled thereto. No action or proceeding
shall be commenced or maintained after 60 days from the date of their
issuance to cancel or set aside the bonds or prevent the payment
thereof, or the levy, collection or enforcement of any taxes,
assessment taxes or other charges or levies for such payment.