Article 1. General Provisions of California Streets And Highways Code >> Division 11. >> Chapter 1. >> Article 1.
The refunding of bonds issued under the "Improvement Bond Act
of 1915" so as to restore property to the tax rolls and make it
available for development is declared to be an important policy of
this State and all necessary authority, power, and jurisdiction to
impose a valid reassessment upon lands deeded to the State or to any
city therein for delinquent taxes or for delinquent taxes and
assessments, and to enforce the lien of such reassessment is hereby
granted, and any and all acts and proceedings of every kind and
nature necessary for the levy of the valid reassessment and for the
enforcement of the lien of such reassessment are hereby authorized.
The legislative body of any city in this State may refund
bonds issued under the "Improvement Bond Act of 1915," under and
subject to the provisions of this division, and may provide for the
extension of the liens of assessments and the levy and collection of
assessments and reassessments to pay such bonds.
It is the intention of this division that the original bonds
and the original assessments shall remain in full force and effect
until superseded and supplanted by reassessments and refunding bonds
validly and legally issued, upon which the city is validly subject to
the liability to pay the refunding bonds.
Any action or determination made necessary by reason of
constitutional requirements or otherwise, or any action or
determination which is convenient in the making of the reassessment,
or in the refunding and reassessment proceedings, which is not
expressly set forth in this division is hereby authorized and the
same when made shall be valid and sufficient.
Any city may employ any qualified person to perform any work
provided for or authorized by this division or in connection with the
refunding of any indebtedness authorized to be refunded under this
division.
The incidental expenses of any refunding and reassessment
authorized by this division shall be paid by the city in which the
district lies.
When proceedings are commenced under this division, the
provisions of this division only shall apply thereto.
This division does not affect any other act or acts now
existing or which may hereafter be passed covering the same subject
matter, nor apply to any proceedings thereunder, but is intended to
and does provide an alternative system for the refunding of bonds.
The remedies provided for the enforcement of any reassessment
levied under the provisions of this division are not exclusive and
additional remedies may be provided at any time.
The curative clauses of this division are cumulative and each
of them is to be given full force and effect.
This division and all of its provisions shall be liberally
construed, to the end that the purposes thereof may be made
effective.
Whenever the requisite number of property owners have filed
their written consent to the refunding and reassessment under this
division, any city may perform any of the following acts:
(a) File a petition and take all steps and proceedings required,
permitted, or authorized under any bankruptcy law of the United
States, or bring any action or proceeding authorized under the powers
of any court for the composition or readjustment of the indebtedness
to be refunded.
In any action to foreclose or in any action to quiet title
brought by the purchaser at a sale for delinquency under this
division, or by his successor in interest, the State of California
may be made a party defendant, and in that event it shall be
sufficient service of process to serve the Attorney General.
In the event of foreclosure or action to quiet title process
shall be served upon the same person or persons as in other cases of
suits against the city.
The purchaser, whether at tax collector's sale or at resale
by the city in the event of the city having become the purchaser, or
at foreclosure sale by order of court, takes the property subject to
all unpaid installments, interest and penalties under the same
proceeding.