PART 1. JOINT HIGHWAY DISTRICTS [25000. - 25521.]
Part 1 added by Stats. 1943, Ch. 284.
§§ 25000–25521 · 135 sections
CHAPTER 1. General Provisions §§ 25000–25006 · 7 sections
- § 25000 This part may be cited as the Joint Highway District Act.
- § 25001 Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the…
- § 25002 “District,” means a joint highway district, unless the context clearly indicates otherwise.
- § 25003 “Improvement,” and any of its variants, includes the laying out, construction, improvement, and maintenance of public highways and appurtenances thereto,…
- § 25004 This part shall apply only to those districts which are organized or reorganized under this part and to those districts organized or reorganized on or after…
- § 25005 All districts organized or existing prior to August 14, 1931, may continue their operations and the discharge of their obligations pursuant to the provisions…
- § 25006 This part shall be liberally construed, in order to effectuate its purposes. No error, defect, irregularity, informality and no neglect or omission of any…
CHAPTER 2. Organization and Reorganization of Districts §§ 25025–25036 · 12 sections
- § 25025 Districts, to be composed of two or more counties, may be created in accordance with this part for the purpose of improving public highways.
- § 25026 The board of supervisors of any county may initiate proceedings proposing the creation of a district by adopting a resolution reciting: (a) That the public…
- § 25027 Upon the adoption of the resolution the board of supervisors shall name and appoint one of its members to represent that county upon the board of directors of…
- § 25028 The clerk of the board of supervisors adopting the resolution shall transmit certified copies of the resolution to the clerk of the board of supervisors of…
- § 25029 Upon receipt of a copy of the resolution, the boards of supervisors of the several counties affected shall consider the advisability of creating and organizing…
- § 25030 Each resolution of approval shall, in addition to the matter otherwise required therein, name and appoint a member of the board of supervisors of the county…
- § 25031 The adoption of the original resolution by the board of supervisors of the county initiating the proceedings shall constitute a sufficient approval in behalf…
- § 25032 After the receipt by the board of supervisors instituting the proceedings of a copy of the resolution approving the proposal from the board of supervisors of…
- § 25033 The board of supervisors adopting the resolution declaring the creation and organization of the district shall file a certified copy of that resolution with…
- § 25034 The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the organization…
- § 25035 All districts shall be numbered by the Secretary of State, in the order of their creation and he shall keep and maintain in his office a list and register…
- § 25036 All districts organized or tentatively organized prior to August 14, 1931, may reorganize under this part. The board of directors of the district or tentative…
CHAPTER 3. General Powers of Districts §§ 25050–25051 · 2 sections
- § 25050 The district, acting through its board of directors, shall have power to: (a) Improve public highways. (b) Issue bonds and levy and impose taxes and assessment…
- § 25051 The State, the counties composing the district, or any city within the district, may convey to the district such lands, public highways, or rights of way as…
CHAPTER 4. District Boards of Directors §§ 25070–25078 · 9 sections
- § 25070 The district shall be managed by, and the powers conferred upon the district shall be exercised by a board of directors appointed as provided in this part.
- § 25071 The members of the board of directors shall serve during the pleasure of the appointing power. They shall receive no compensation for their services, but shall…
- § 25072 The term of office of any member of the board of directors shall immediately cease upon the termination of the term of office of the director as a member of…
- § 25073 If an even number of counties comprise a district, an additional member of the board of directors shall be appointed by the directors already named in behalf…
- § 25074 If a position on the board of directors becomes vacant, the vacancy shall be filled by the appointing authority whose appointee last held the position.
- § 25075 Within 10 days after the receipt of the certificate of organization of the district, the clerk of the initiatory board of supervisors shall notify the persons…
- § 25076 The persons appointed as members of the board of directors shall meet at the time and place fixed for the first meeting. A majority of the members of the board…
- § 25077 At the first meeting the board of directors shall organize by selecting from among its membership a president, vice president and secretary. The officers thus…
- § 25078 The board of directors shall fix a place or places within the district for the transaction of business. It may hold meetings from time to time in any place…
CHAPTER 5. District Officers and Employees §§ 25100–25105 · 6 sections
- § 25100 The board of directors shall appoint a treasurer and a district engineer, and may appoint an assistant secretary. The board may employ such clerical, legal, or…
- § 25101 The treasurer shall be a resident of the district and a person competent in the handling of financial matters. Before entering upon the duties of his office,…
- § 25102 The treasurer shall have charge and custody of all of the funds of the district and he and his bondsmen shall be responsible for the safekeeping of those…
- § 25103 The district engineer shall be a qualified civil engineer, licensed to practice as such under the laws of this State. He shall perform all of the engineering…
- § 25104 All engineering work performed in the district shall be done under the direction and control of the district engineer.
- § 25105 If an assistant secretary is appointed, he shall perform such duties as the board of directors determine. He may during the absence of the secretary, or under…
CHAPTER 6. Contingent Fund §§ 25120–25122 · 3 sections
- § 25120 Immediately following the organization of the district, the several boards of supervisors of the counties composing the district shall provide the district…
- § 25121 The boards of supervisors of the counties within the district may contribute to the contingent fund from any funds of the several counties not otherwise…
- § 25122 The contingent fund may be used for the following purposes: (a) For any purpose necessary to create and maintain the organization of the district. (b) For…
CHAPTER 7. Preliminary Surveys and Report of District Projects §§ 25150–25155 · 6 sections
- § 25150 The board of directors shall as soon as practicable cause the route of the highway or highways proposed to be improved by the district, to be tentatively…
- § 25151 The district engineer shall make a preliminary report to the board of directors setting forth the result of his preliminary surveys and showing the tentative…
- § 25152 In his preliminary report the district engineer shall also recommend an apportionment of the construction and other costs among the State, if any contribution…
- § 25153 As soon as practicable after the filing of the engineer’s preliminary report, the board of directors shall give it full consideration and shall formulate a…
- § 25154 The report of the board of directors shall contain the following: (a) A general description of the approximate route and location of the highway or highways…
- § 25155 If highways are to be required or improved beyond the boundaries of the district, the consent of the governing body controlling the territory through which the…
CHAPTER 8. State Approval and Contribution §§ 25175–25180 · 6 sections
- § 25175 If the report of the project, as adopted by the board of directors, contains a request for contribution from the state, the board shall, immediately upon its…
- § 25176 Within 90 days after its receipt, the Department of Transportation, through its proper officers, shall consider and pass upon the report so filed. It may…
- § 25177 If the whole or any part of the project proposed in the report is approved and a contribution by the state is recommended, the California Transportation…
- § 25178 The Director of Transportation shall issue and transmit to the secretary of the district a certificate of commitment showing the decision of his department…
- § 25179 The board of directors may amend its report of the project to conform with any suggestions, modifications, or recommendations of the Department of…
- § 25180 The obligation of the State for any contribution shall be contingent upon the approval by all counties comprising the district of the balance of the costs of…
CHAPTER 9. County Approval and Contribution §§ 25200–25209 · 10 sections
- § 25200 Upon the receipt of the certificate of commitment from the Director of Transportation, or upon the adoption of the report if no contribution is requested from…
- § 25201 Upon receipt of the report of the project, each of the boards of supervisors shall forthwith consider it. Within 60 days after the receipt of the report, each…
- § 25202 Each board of supervisors shall cause a certified copy of its resolution adopting or rejecting the report of the project to be sent to the secretary of the…
- § 25203 Upon receipt of the report of the project the clerk of each board of supervisors shall cause a notice to be published twice in a newspaper of general…
- § 25204 No county within the district shall be obligated or committed hereunder until the board of supervisors thereof approves the report of the project and until…
- § 25205 At any time prior to the approval of the report of the project by the board of supervisors of any county, the matter of the participation of the county in any…
- § 25206 The matter may be submitted at a special election called for that purpose or may be consolidated with any other election involving the entire county. All laws…
- § 25207 If at the election a two-thirds majority of the electors voting thereon do not approve the proposition, the county shall not participate in the issue of bonds…
- § 25208 If any county thus refers the matter of its participation in the issuance of bonds to the electors of the county, the time for the approval of the report by…
- § 25209 The provisions of this chapter relating to the submission of the question of county participation in the issuance of bonds to the electors shall not apply to…
CHAPTER 10. Final Surveys, Plans, Specifications and Drawings §§ 25230–25262 · 6 sections
- § 25230 After receiving the certificate of commitment for contribution by the State, if any, and certified copies of the resolutions of approval of the boards of…
- § 25231 In proceeding with a project, or unit thereof, the board of directors shall have all necessary final surveys, plans, specifications and detailed drawings…
- § 25232 The final surveys, plans, specifications, and detailed drawings shall include a final estimate of cost. If the final estimate exceeds by more than 10 per cent…
- § 25233 Upon the adoption of the final surveys, plans, specifications, and detailed drawings by the board of directors, a certified copy thereof shall be transmitted…
- § 25261 During the course of the improvement of any highway, the highway or project shall be under the control of the board of directors. The board of directors may…
- § 25262 All laws relating to the use of state highways are applicable to any highways under the control of any district.
CHAPTER 12. Acquisition of Property and Rights of Way §§ 25280–25281 · 2 sections
- § 25280 The board of directors of the district may request the board of supervisors and the proper officers of any county situated within the district to condemn and…
- § 25281 If it is decided that any money authorized to be expended from the State Treasury shall be expended as required by Section 7 of Article XVI of the California…
CHAPTER 13. Cooperation with Federal Government § 25300 · 1 section
- § 25300 If the Federal Government desires to include any highway improved or to be improved by a district in any scheme of National defense and to use or assume the…
CHAPTER 14. Completion of Projects §§ 25320–25322 · 3 sections
- § 25320 Upon the completion of the improvement of any portion of any highway by the district, the board of directors may, and on the completion of the whole of any…
- § 25321 Control of such completed improvement shall vest in the State, county or city having jurisdiction of the class of highways of which such completed improvement…
- § 25322 The board of directors shall not adopt any resolution of completion until it obtains from the Director of Transportation a certificate in writing showing that…
CHAPTER 15. General Financing and County Levies §§ 25340–25350 · 11 sections
- § 25340 All moneys of the district applicable to the payment of improvement costs shall be placed in a fund designated “construction fund,” the moneys in which shall…
- § 25341 The board of directors of the district shall provide for the financing of any projects to be undertaken by the district in one or more of the methods…
- § 25342 Upon the award of a contract for the improvement of any project or unit thereof, the board of directors shall provide for the payment of the cost thereof…
- § 25343 A levy shall be made within and upon the several counties composing the district to provide for the payment of the costs and expenses of any acquisitions of…
- § 25344 The board of directors shall adopt a resolution setting forth in general terms the amount of money proposed to be raised by the levy and the project or portion…
- § 25345 The resolution shall specifically set forth the sum of money levied upon each county within the district and shall briefly recite the facts requiring the levy.…
- § 25346 The board of supervisors of each county shall, within 90 days after the resolution providing for the levy has been adopted by the board of directors, pay at…
- § 25347 If the board of supervisors of any county within the district does not pay the entire amount of any levy made upon it within 90 days, the board of directors of…
- § 25348 The treasurer of the district shall, prior to the fifteenth day of August in each year, transmit to the board of supervisors of each county within the district…
- § 25349 If, upon receiving the report of the district treasurer showing the amount to be raised within the county for the current year, the board of supervisors pays…
- § 25350 All district taxes shall be collected in behalf of the district by the proper county officers in the several counties in the district at the same time and in…
CHAPTER 15.5. Claims § 25360 · 1 section
- § 25360 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 16. General Bond Provisions §§ 25370–25377 · 8 sections
- § 25370 The provisions of this chapter shall apply to all bonds issued under the authority of this part.
- § 25371 All bonds issued by joint highway districts shall be legal investments for the funds of: (a) Trusts. (b) Insurance companies. (c) Banks, both commercial and…
- § 25372 Whenever bonds of cities, counties, school districts or irrigation districts may be used as security for the performance of any act or the deposit of any…
- § 25373 The State Director of Finance may purchase any bonds issued by joint highway districts and pay for them out of any surplus money in the State treasury which,…
- § 25374 If the report of the board of directors shows that the proposed project or any unit thereof, is estimated to cost more than one million dollars ($1,000,000),…
- § 25375 The issuance of any bonds by the district shall be conclusive evidence of the regularity, validity and legal sufficiency of all proceedings, acts and…
- § 25376 No bonds shall be issued by the district in an amount which will aggregate at any time an obligation in excess of 10 per cent of the assessed value of the…
- § 25377 The taxable property within any county shall not at any time be obligated for all joint highway district purposes, in any amount in excess of the following…
CHAPTER 17. Revenue Bonds §§ 25400–25410 · 11 sections
- § 25400 The board of directors of the district may cause revenue bonds to be issued upon the security of the anticipated unpaid installments of any levies made upon…
- § 25401 All revenue bonds shall be payable out of a fund of the district designated “Joint Highway District No. ____ of the State of California Revenue Bond Fund” and…
- § 25402 The board of directors shall prescribe the denominations of the revenue bonds which shall mature serially in convenient amounts not necessarily equal. Revenue…
- § 25403 Revenue bonds shall be in substantially the following form (filling in blanks as appropriate): REVENUE BOND Joint Highway District No.______ of the State of…
- § 25404 Revenue bonds shall be dated as of the date of the resolution or order of the board of directors authorizing their issuance. The board of directors may use any…
- § 25405 Any number of series of revenue bonds may be issued under this part for any portion of a single or different projects in the district.
- § 25406 All revenue bonds shall be signed by the treasurer of the district, attested by the secretary of the board of directors thereof and shall have the official…
- § 25407 The principal and interest of all revenue bonds shall be payable in lawful money of the United States of America at the office of the treasurer of the district…
- § 25408 The revenue bonds shall be issued and sold by the board of directors at such times and manner and in such amounts as may be required to meet the demands of the…
- § 25409 The board of directors shall levy a tax annually within the district sufficient to meet the principal and interest of all outstanding revenue bonds coming due…
- § 25410 The treasurer of the district shall annually determine the amount of money necessary to be raised for the payment of principal and interest coming due each…
CHAPTER 18. Funding Bonds §§ 25430–25450 · 20 sections
- § 25430 As a separate and cumulative method of financing, the board of directors of the district may issue funding bonds to cover the costs and expenses of the whole…
- § 25431 The provisions of this chapter relating to the issuance of funding bonds shall be cumulative and shall not affect any of the other provisions or sections of…
- § 25432 If the board of directors propose to issue funding bonds, they shall first adopt a resolution setting forth their intention so to do, and the resolution shall…
- § 25433 Upon the adoption of the resolution of intention to issue funding bonds, the secretary shall cause a notice of the time and place of hearing to be published…
- § 25434 The time fixed for the hearing shall not be less than 15 days after the completion of the required publication. Not less than 30 days prior to the time fixed…
- § 25435 All persons interested may appear at the hearing and they may set forth in writing any objections they may have to the issuance of the funding bonds or to the…
- § 25436 The board of directors shall hear and determine all objections presented at the hearing. The board may alter the boundaries of the proposed funding district or…
- § 25437 All decisions, findings and determinations of the board of directors made upon notice and hearing shall, in the absence of actual fraud, be final and…
- § 25438 If at the hearing, the owners of more than 25 per cent in area of the property within any proposed funding district object in writing to the issuance of…
- § 25439 Following the hearing the board of directors shall, if it determines to issue funding bonds, cause its findings in relation thereto to be transmitted to the…
- § 25440 Funding bonds issued pursuant to the provisions of this chapter shall be in substantially the following form (filling in blanks as appropriate): FUNDING BOND…
- § 25441 Funding bonds shall be dated as of the date of the resolution or order of the board of directors authorizing their issuance.
- § 25442 The board of directors may use any available moneys of the district, not already allocated to some other purpose, for the payment of any interest or principal…
- § 25443 All funding bonds shall be signed by the treasurer of the district, attested by the secretary, and shall have the official seal of the district affixed…
- § 25445 All funding bonds shall be serial in character and approximately an even proportion of the total amount of each issue shall be payable annually. The amount of…
- § 25446 The funding bonds shall be issued by the board of directors at such time and manner and in such amounts as may be required to meet the demands of the district,…
- § 25447 In each district in which funding bonds have been issued there is hereby created a special fund to be designated “Joint Highway District No. ____ of the State…
- § 25448 The treasurer of the district shall annually before the fifteenth day of August transmit to the several boards of supervisors within the funding district, a…
- § 25449 The special assessment taxes levied for the payment of funding bonds shall be independent of and distinct from any other levies authorized by this part and…
- § 25450 It shall be the duty of the board of supervisors of each county within the district to annually cause to be levied upon the lands only, exclusive of…
CHAPTER 19. Emergency Bonds §§ 25490–25498 · 9 sections
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 20. Dissolution §§ 25520–25521 · 2 sections
- § 25520 Upon the completion or other termination of the projects for which the district is organized and upon the payment and retirement of all outstanding bonds and…
- § 25521 Any property or money belonging to the district at the time of dissolution shall be distributed by the board of directors to the State and the several…