Section § 8760

Explanation

This law section provides an alternative method for handling the payment of assessments and the early retirement of bonds. It acts as a substitute to other specified procedures unless stated otherwise. If a proposal uses this alternative approach, it must be clearly indicated in the intention resolution.

The procedures of this part are alternative to Part 8 (commencing with Section 8680) and Part 11 (commencing with Section 8750) relating to the partial or full payment of assessments and advance retirement of bonds. Except as otherwise provided, Part 8 (commencing with Section 8680) and Part 11 (commencing with Section 8750) apply. When it is proposed to proceed under this part, it shall be so stated in the resolution of intention.

Section § 8766

Explanation

If you own land with an assessment lien, you can pay it off early and remove the lien by making several payments to the treasurer. You need to cover any overdue principal and interest, along with accrued penalties. You'll also pay the remaining balance of the assessment for the current year, a redemption premium percentage of future payments, an admin fee set by the treasurer, and interest that has built up until the next bond call date, which must be at least 90 days out. Additionally, you'll get a credit for any reserve fund based on another section.

The owner of assessed land, except land which has been ordered to judicial foreclosure pursuant to Section 8830, may prepay the assessment and remove the lien of the assessment by paying to the treasurer all of the following:
(a)CA Streets and Highways Code § 8766(a) The amount of any delinquent installments of principal and interest, together with penalties accrued to the date of prepayment.
(b)CA Streets and Highways Code § 8766(b) The unpaid, nondelinquent principal of the assessment, including principal posted to the tax roll for the current fiscal year but not yet paid.
(c)CA Streets and Highways Code § 8766(c) An allowance for redemption premium, calculated by multiplying the amount of the unmatured principal by the redemption premium percentage stated in the bonds. Unmatured principal excludes principal due during the fiscal year of prepayment.
(d)CA Streets and Highways Code § 8766(d) A reasonable fee, fixed by the treasurer, for the cost of administering the prepayment and the advance redemption of bonds.
(e)CA Streets and Highways Code § 8766(e) Interest accrued to the next call date of the bonds. The next call date is the next bond interest payment date which is not less than 90 days after the date of prepayment. Credit shall be given, or a refund provided, for installments of interest posted to the current tax roll and actually paid.
(f)CA Streets and Highways Code § 8766(f) A credit for the reserve fund calculated pursuant to Section 8881.

Section § 8766.5

Explanation

If you own property that's been assessed for a local improvement, you can partially pay off your assessment, removing part of the lien, by following certain steps. You must pay any past-due amounts with penalties, some of the remaining assessment in $5,000 increments, and a redemption premium related to early payment. You'll also have to cover administrative fees, interest accruing till the next bond payment, and factor in any credit from the reserve fund. Once you've paid, a new record reduces your payment amounts for future installments.

The owner of assessed land, except land which has been ordered to judicial foreclosure pursuant to Section 8830, may prepay the assessment in part and remove the lien of the assessment in part by paying to the treasurer all of the following:
(a)CA Streets and Highways Code § 8766.5(a) The amount of any delinquent installment of principal and interest, together with penalties accrued to the date of prepayment.
(b)CA Streets and Highways Code § 8766.5(b) A portion of the unpaid, nondelinquent principal of the assessment in increments of five thousand dollars ($5,000).
(c)CA Streets and Highways Code § 8766.5(c) An allowance for redemption premium, calculated by multiplying the amount of the unmatured principal being prepaid by the redemption premium percentage stated in the bonds.
(d)CA Streets and Highways Code § 8766.5(d) A reasonable fee, fixed by the treasurer, for the cost of administering the prepayment and the advance redemption of bonds.
(e)CA Streets and Highways Code § 8766.5(e) Interest accrued to the next call date of the bonds. The next call date is the next bond interest payment date which is not less than 90 days after the date of prepayment.
(f)CA Streets and Highways Code § 8766.5(f) A credit for the reserve fund calculated pursuant to Section 8881.
When an assessment has been partially prepaid, the treasurer shall issue a revised auditor’s record for that parcel, showing the proportionate reduction in assessment installments. Thereafter, the treasurer shall levy subsequent installments at the reduced rate.

Section § 8767

Explanation

This section explains what happens when a city treasurer receives a prepayment for an assessment related to bonds. The prepayment is put into a special account, and then distributed in several ways. An administrative fee goes to the city's general fund. Any overdue amounts and penalties go into the bond's redemption fund, or a special reserve if needed. The principal due that year and the interest up to the bond's call date also go into the redemption fund. The remaining balance is used to pay off bonds early, as long as there's enough money to do so, with any accrued interest being paid from the redemption fund.

Upon receiving a partial or full prepayment of an assessment, the treasurer shall deposit it in an assessment prepayment subaccount of the bond redemption fund. All prepayments may be commingled in a single account. From the account, the treasurer shall make disbursements as follows:
(a)CA Streets and Highways Code § 8767(a) The administrative fee shall be deposited in the general fund of the city.
(b)CA Streets and Highways Code § 8767(b) Delinquent principal, interest, and penalties shall be transferred to the redemption fund for the bonds. If a special reserve fund has been established for the bonds and has been depleted on account of the delinquencies, the delinquent amounts and penalties shall be transferred instead to the special reserve fund.
(c)CA Streets and Highways Code § 8767(c) The installment of principal due in the fiscal year of prepayment shall be transferred to the redemption fund for the bonds.
(d)CA Streets and Highways Code § 8767(d) Interest accrued to the next call date shall be transferred to the redemption fund for the bonds.
(e)CA Streets and Highways Code § 8767(e) The balance in the assessment prepayment account shall be used to advance the maturity of bonds to the next call date, as provided in Part 11 (commencing with Section 8750). The amount of bonds to be retired shall be the maximum for which principal and redemption premium may be paid in full from the prepayment account. Accrued interest on bonds to be retired shall be paid from the redemption fund.

Section § 8768

Explanation

This law states that when retiring bonds, the treasurer should try to keep the proportion of remaining bonds to issued bonds the same each year. Additionally, within each year's group of bonds, the selection of which specific bonds to retire should be done randomly.

The treasurer shall select bonds for retirement in such a way that the ratio of outstanding bonds to issued bonds shall be approximately the same in each annual series insofar as possible. Within each annual series, bonds shall be selected for retirement by lot.

Section § 8769

Explanation

Before a city issues bonds, it must decide and declare whether it will promise to cover any shortfall in the bond fund by using city money or not. If the city chooses to cover the deficit, it can add extra security to the bonds by forming an improvement district. If it decides not to cover the shortfall, it can still choose to do so later. This decision must be stated clearly on the bonds, and if the city chooses not to guarantee funds, the bonds should be labeled 'Limited Obligation Improvement.'

Before issuing bonds pursuant to this division, the legislative body shall determine, and shall declare in the resolution of intention, one of the following:
(a)CA Streets and Highways Code § 8769(a) The city will obligate itself to advance available funds from the city treasury to cure any deficiency which may occur in the bond redemption fund. If the legislative body determines to so declare under this subdivision, the legislative body may provide further security for the assessment bonds by creating an improvement district pursuant to the Benefit Assessment Act of 1982.
(b)CA Streets and Highways Code § 8769(b) The city will not obligate itself to advance available funds from the city treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the city from, in its sole discretion, so advancing funds.
The determination made pursuant to this section shall be clearly stated in the text of the bonds issued pursuant to this division, and the title of the bonds shall include the words “Limited Obligation Improvement” in the event that the declaration in subdivision (b) is made.