Chapter 2. Issuance Of Bonds of California Streets And Highways Code >> Division 7. >> Part 5. >> Chapter 2.
After the full expiration of 30 days from the date of the
recordation of the warrant, and after the filing of the written
statement of all payments received by the contractor or his assignees
upon the assessment, the street superintendent shall make and
certify to the treasurer a complete list of all assessments unpaid,
which amount to one hundred fifty dollars ($150) or over, upon any
assessment or diagram number.
If any person, or his authorized agent, shall at any time
before the thirty-first day after the recordation of the warrant
present to the treasurer the following:
(a) His affidavit stating that he is the owner of a lot or parcel
of land in the list,
(b) The certificate of a searcher of records that he is such owner
of record, and
(c) A notice to the treasurer stating that he desires no bond to
be issued for the assessments upon his lot or parcel of land, then no
such bond shall be issued therefor, and the payee of the warrant, or
his assigns, shall retain his right to enforce collection as if the
lot or parcel of land had not been so listed by the street
superintendent.
The treasurer shall upon the filing of the list, make out,
sign, and issue to the contractor, or other person entitled to the
proceeds of the warrant and assessment, a separate bond, representing
upon each lot or parcel of land, including each condominium interest
as defined in Section 783 of the Civil Code, upon the list the total
amount of the assessment against the same, as thereon shown.
If a lot or parcel of land is described upon the assessment
and diagram by its number or block, or both, and is also designated
by its number or block, or both, upon the official map of the city,
or upon any map on file in the office of the county recorder of the
county in which the lot or parcel of land is situated, it shall be a
sufficient description of the lot or parcel of land in the bond to
designate it by the number or block, or both, as it appears on the
official or recorded map.
The bonds and interest thereon shall be paid at the office of
the treasurer, who shall keep a fund designated by the name of the
bonds, into which he shall place all sums paid him for the principal
of the bonds and the interest thereon, together with all penalties
thereon, and from which he shall disburse such sums, upon the
presentation of proper coupons. Under no circumstances shall the
bonds or the interest thereon be paid out of any other fund.
The treasurer shall keep a register in his office, showing
the series, number, date, amount, rate of interest, payee and
indorsees of each bond, and the number and amount of each coupon or
principal or interest paid by him and shall cancel and file each
coupon so paid.
If any officer whose signature or countersignature appears on
any bond or coupon ceases to be such officer before delivery of the
bonds to the purchaser thereof, the signature or countersignature
appearing either on the bonds or on the coupons, or both, shall
nevertheless be valid and sufficient for all purposes, the same as if
such officer had remained in office until the delivery of such
bonds.
Bonds issued pursuant to this part shall by their issuance be
conclusive evidence of the regularity of all proceedings under this
division leading up to such issuance.