§ 6493
248 words·~1 min read·
/ca/streets-and-highways-code/6493A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)At the time and place set for the hearing pursuant to subdivision
(b)of Section 6492.5, and after hearing all protests, the legislative body may determine to divide the bond according to the proposed apportionment, or as amended by the legislative body during the hearing, upon a finding of both of the following:
(1)That the apportionment is in accordance with the proportionate benefits to be received by each of the resulting lots or parcels.
(2)That the apportionment does not impair the value or security of the outstanding bonds secured by the land being apportioned and that the lien-to-value ratio of each apportioned parcel is not less than that ratio for the original parcel based on an appraisal by an individual designated by a nationally recognized appraisal association. The value calculations shall exclude site improvements constructed subsequent to the date of confirmation of the assessment.
(b)The determination of the legislative body pursuant to subdivision
(a)is final and conclusive.
(c)Upon that determination, the bond secured by the original parcel shall be returned by the bondholder, canceled on the books of the city, and exchanged for new bonds on the apportioned parcels in the same aggregate principal amount, of the same maturity, and at the same interest rate as the original bond. Thereafter, payment of principal and interest shall be due on the new bonds to the holder thereof in the same manner and on the same dates as were applicable to the original bond.