If the treasurer thinks that there's a risk of bondholders losing money, they will stop paying any due bonds and interest. The treasurer must then inform the legislative body so they can figure out a fair way to protect all the bondholders.
If it appears to the treasurer that there is danger of an ultimate loss accruing to the bondholders for any reason, he or she shall withhold payment on all matured bonds and interest and report the facts to the legislative body so that proper action may be taken by that body to equitably protect all bondholders.
bondholder protection treasurer duties matured bonds payment interest withholding risk of loss equitable protection financial risk management reporting to legislative body bondholder equity ultimate loss prevention legislative action bond maturity economic risk financial oversight public funds protection
(Amended by Stats. 1993, Ch. 194, Sec. 19. Effective January 1, 1994.)
When a report is received, the legislative body must set a date for a hearing and the clerk needs to announce the hearing by posting for 10 days. During the hearing, the legislative body decides if there's enough money in the redemption fund to pay off outstanding bonds and interest. If they find there's enough money, the treasurer is instructed to continue paying matured bonds and interest as funds allow.
On receipt of the report, the legislative body shall fix a date for hearing thereon. The clerk shall give notice of the hearing by posting for 10 days. At the hearing the legislative body shall determine whether in its judgment there will ultimately be insufficient money in the redemption fund to discharge the unpaid bonds and interest. If it determines that in its judgment there will be no such shortage, it shall direct the treasurer to pay matured bonds and interest as long as there is available money in the redemption fund.
redemption fund unpaid bonds matured bonds interest payments legislative body hearing insufficient money treasurer duties hearing notice fund shortage assessment clerk responsibilities financial oversight public posting requirement bond payments interest discharge treasurer instruction
(Amended by Stats. 1985, Ch. 65, Sec. 24. Effective June 6, 1985.)
If a government body in California sees that there won't be enough money in the redemption fund to pay off bonds, they must order the treasurer to distribute the available money to bondholders. This distribution should match the percentage that the available money represents of the total unpaid bonds and their interest.
More payments should be made regularly as more money is added to the fund.
If the legislative body determines that in its judgment there will be a shortage in the redemption fund, it shall direct the treasurer to pay to the holders of all outstanding and unpaid bonds such proportion thereof as the amount of funds on hand bears to the total amount of the unpaid principal of the bonds and the interest which has accrued or will accrue thereon. Similar proportionate payments shall thereafter be made periodically as moneys come into the redemption fund.
redemption fund shortage bondholders unpaid bonds interest payment proportionate payment treasurer responsibility government body decision periodic payments distribution of funds financial shortfall bond interest redemption fund contributions legislative determination financial management
(Amended by Stats. 1985, Ch. 65, Sec. 25. Effective June 6, 1985.)
This law requires bondholders to submit their bonds to the treasurer so they can be registered and canceled. Once a bond is canceled, the holder gets credited for that amount. The treasurer then pays the bondholders their share of the principal and any interest that has built up, depending on available funds in the redemption fund. Interest stops accumulating on the principal once payment is made, but runs on any unpaid principal until it is fully paid. There are no extra payments for early settling of the bond. If a bondholder doesn't submit their bond, the treasurer will send a notice by registered mail about available payment. Interest on the amount available stops after ten days from mailing the notice.
In order to facilitate the making of proportionate payments, the holders of outstanding bonds shall surrender them to the treasurer for registration and cancellation. Upon cancellation each holder shall be credited with the amount of his bond so canceled. Thereupon the treasurer shall by warrant pay to each holder the proportionate amount of principal and accrued interest due on his or her bonds as may be available from time to time out of the money in the redemption fund. Interest shall cease on payments made on account of principal from the date of payment, but interest shall continue to run on the unpaid principal at the rate specified in the bonds until payment thereof be made. No premiums shall be paid on payments made in advance of the due date. If bonds are not surrendered for registration and payment the treasurer shall give notice to the holder thereof by registered mail, at the holder’s address as last known to the treasurer, of the amount available for payment. Thereupon interest shall cease as to the amount so available for payment 10 days from the date of mailing of the notice.
bondholders treasurer registration and cancellation redemption fund proportionate payments principal and interest available funds payment notice registered mail interest cessation unpaid principal advance payments bond surrender cancellation credit payment terms
(Amended by Stats. 1993, Ch. 194, Sec. 20. Effective January 1, 1994.)
This law section allows the legislative body to conduct additional hearings with the same type of notice. It also permits the creation of any other necessary orders to ensure fairness.
The legislative body may hold supplemental hearings on like notice and such other and supplemental orders may be made from time to time as may be equitable and proper.
supplemental hearings legislative body equitable orders proper notice additional hearings supplemental orders fairness in proceedings hearing procedures equitable process government hearings
(Added by Stats. 1941, Ch. 79.)
If there's not enough money in the redemption fund to pay due or upcoming bond payments and interest, but the treasurer believes bondholders won't ultimately lose money, then the treasurer must pay according to a set order. First, all matured interest payments are made before any bond principal. Next, interest on older bonds is paid before newer ones. Within a specific maturity, interest on lower-numbered bonds is prioritized over higher-numbered ones. Bond principal is paid based on the order they're presented. Unpaid bonds will get a serial number noting their order and returned to the holder. Any unpaid bonds or interest will continue to accrue interest at the rate specified in the bonds until they are paid.
If a deficiency occurs in the redemption fund with which to pay past due bonds, past due interest, or bonds or interest which will become due during the current tax collecting year, but it does not appear to the treasurer that there will be an ultimate loss to the bondholders, he shall pay matured bonds as presented and make interest payments when due as long as there are available funds in the redemption fund, in the following order of priority:
(1)CA Streets and Highways Code § 8775(1) All matured interest payments shall be made before the principal of any bonds is paid.
(2)CA Streets and Highways Code § 8775(2) Interest on bonds of earlier maturity shall be paid before interest on bonds of later maturity.
(3)CA Streets and Highways Code § 8775(3) Within a single maturity, interest on lower-numbered bonds shall be paid before interest on higher-numbered bonds.
(4)CA Streets and Highways Code § 8775(4) The principal of bonds shall be paid in the order in which the bonds are presented for payment. Any bond which is presented but not paid shall be assigned a serial number according to the order of presentment and shall be returned to the bondholder.
Bonds not paid when presented, and interest payments not paid when due, shall bear interest at the rate stated in the bonds, without compounding, until paid.
redemption fund bond payments interest payments matured bonds pay order interest priority principal payment serial number unpaid bonds treasurer responsibilities bondholders deficiency in funds maturity order interest accrual lower-numbered bonds
(Amended by Stats. 1985, Ch. 65, Sec. 27. Effective June 6, 1985.)
If the government gets the money to pay off a bond that wasn't paid initially, the treasurer sends a registered mail to the bondholder asking them to present the bond for payment. If the bondholder does not present it within 10 days of getting the mail, the bond stops earning interest.
When funds become available for the payment of any bond which was not paid upon presentment, the treasurer shall notify the registered owner thereof by registered mail to present the bond for payment. If the bond is not presented for payment within 10 days after the mailing of the notice, interest shall cease to run on the bond.
bond payment treasurer notification registered mail presentment for payment interest cessation bondholder payment availability registered owner notification bond not presented 10-day period stopping interest funds availability non-payment bond bond interest rules government bonds
(Amended by Stats. 1985, Ch. 65, Sec. 28. Effective June 6, 1985.)
This law states that if there's still not enough money in the redemption fund a year after bonds have been issued, the local government can call for a hearing. People who are affected by or interested in the project related to those bonds must explain why additional charges shouldn't be applied to cover the costs of the initial work.
If a deficiency remains in the redemption fund after one year from the issuance of the bonds, the legislative body may require all persons interested to appear before it at a day, hour and place fixed by it for a hearing and to show cause why a supplemental assessment should not be made to pay for the cost and incidental expenses of the original work done upon which the original assessments were made upon which the bonds were issued.
redemption fund deficiency bond issuance hearing requirement supplemental assessment cost recovery incidental expenses public appearance bond-related project costs local government hearing show cause requirement additional charge justification
(Added by Stats. 1941, Ch. 79.)
This law section requires that a notice for a hearing must be published and posted by the street superintendent. It should follow the same procedures used for posting notices about resolutions of intention when the work was initially announced. All this must be done at least 10 days before the hearing.
Notice of the hearing shall be given by publication, and shall also be posted by the street superintendent in the same manner as provided by the law pursuant to which the work was done for the posting of notices of the passage of the resolution of intention. The first publication of the notice and the posting shall be completed 10 days before the time fixed for the hearing.
notice of hearing publication of notice posting requirement street superintendent responsibilities resolution of intention hearing procedures notice procedures ten-day rule public announcement legal notices work notice procedures notice publication timeline public hearing notice posting of legal notices resolution notice requirements
(Added by Stats. 1941, Ch. 79.)
This law says that during a hearing, the legislative body will listen to anyone who appears and discuss whether a shortfall in funds happened because the original costs weren't divided fairly based on who benefited. The hearing can be rescheduled if needed. If they find out that a property was charged less than its fair share of the costs for improvements, they can issue an extra charge so that property pays its rightful amount based on the benefits it received.
At the time set for the hearing the legislative body shall proceed to hear any person appearing and may determine whether or not such deficiency was due to the fact that the original assessment for such cost and incidental expenses was not apportioned equitably or in accordance with benefits. The hearing may be postponed from time to time. If it appears to the legislative body that the amount apportioned to any lot was less than the amount which such lot should equitably bear according to the benefit which it received from the improvement, the legislative body may levy a supplemental assessment apportioning to such lot the additional sums which it should equitably bear according to such benefits.
hearing process legislative body equitable apportionment assessment deficiency supplemental assessment property benefits improvement costs original assessment postponement of hearing apportioned costs additional sums property lot charges funding shortfall rescheduled hearing cost allocation
(Added by Stats. 1941, Ch. 79.)
This law allows the costs for publishing and posting notices, along with making a supplemental assessment, to be added to the supplemental assessment itself. Once an order for the supplemental assessment is made, it must be recorded with the street superintendent's office. After recording, the amount listed becomes a lien on the property, and it will accumulate interest as specified by any related bonds. This supplemental assessment is then added to the next tax rolls and collected like the original assessments.
The cost of the publication and posting of the notice and of making the supplemental assessment may be included in the supplemental assessment. A copy of the order levying the supplemental assessment shall be recorded in the office of the street superintendent and from and after such recording, the sum therein levied on any lot shall be and constitute a lien thereon and thereafter bear interest at the rate specified in the bonds. The several amounts levied by the supplemental assessment shall be extended on the next succeeding tax rolls to be delivered to the tax collector and shall be collected in the manner provided for the collection of installments of the original assessments.
supplemental assessment publication costs posting notice lien on property street superintendent interest rate tax rolls tax collector bonds property tax assessment cost recording order property lien interest accumulation collection of installments
(Added by Stats. 1941, Ch. 79.)
This law allows a government body to decide that any additional property tax assessments (known as supplemental assessments) can be spread out in equal yearly payments over the time left before the associated bonds are fully paid off.
If a property owner wants to, they can choose to pay the entire supplemental assessment upfront, after the decision is made but before it's added to the tax roll, which means they won't have to pay interest on it.
The legislative body may provide in its order levying the supplemental assessment that the supplemental assessments may be collected in annual installments during the remaining term of years during which the bonds run, an equal proportion of principal coming due in each of the remaining years. However, any property owner may pay the whole of the supplemental assessment subsequent to the order of the legislative body and before the amount has been extended on the tax roll, whereupon interest shall cease on such assessment.
supplemental assessment annual installments property owner payment legislative body decision bonds term equal proportion principal due interest cessation tax roll property tax assessment upfront payment government body interest on assessment
(Added by Stats. 1941, Ch. 79.)
Money collected from a supplemental assessment goes into a fund that first covers the costs of notifying the public about hearings and creating the assessment itself. Next, it pays off bonds and any associated interest. Once the bonds are fully paid, if there's any remaining money, it should be refunded to the people who initially paid these assessments, if possible. This repayment comes from collecting overdue installments tied to the original bonds, including any interest and penalties. After that, any leftover money covers other city expenses related to these transactions, like special taxes or property sales.
All money collected on the supplemental assessment shall be paid into the redemption fund and be applied to the payment of the costs of publishing and posting the notice of hearing and of making the supplemental assessment and then to the payment of the bonds and interest thereon. After satisfaction of the bonds, repayment, if possible, of all funds collected on the supplemental assessment shall be made to those persons paying the same out of recoveries had through the collection of the delinquent installments of the assessments upon which the bonds were originally issued and of the interest and penalties thereon, and then out of any surplus remaining in the redemption fund after repayment to the city of any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) less its recovery on the sale or redemption of the properties assessed and any costs incurred by it under this division.
supplemental assessment funds redemption fund payment publishing notice costs bonds and interest payment repayment to payers delinquent installments collection interest and penalties recovery redemption fund surplus city special taxes property sale recovery fund advancement Section 8800 costs of supplemental assessment hearing notice publication assessed properties redemption
(Amended by Stats. 1993, Ch. 194, Sec. 21. Effective January 1, 1994.)
If there's extra money in a city's redemption fund after paying off bonds and interest, that money is first used to pay back special taxes the city used to advance funds. This payment is reduced by any money the city made from selling or redeeming assessed properties, and any related costs. What's left should repay people who paid supplemental assessments, based on Section 8783. The remaining balance can be credited to final assessment payments or added to the city's general fund.
If there is a surplus remaining in the redemption fund after payment of all bonds and the interest thereon, that surplus shall first be applied to repayment to the city of any special taxes levied by it for the purpose of advancing funds under Part 13 (commencing with Section 8800) less its recovery on the sale or redemption of the properties assessed, and also of any costs incurred by it under this division. The remainder shall be repaid in accordance with the provisions of Section 8783 to persons paying supplemental assessments, if any, and the balance may be proportionately credited upon the final installments due upon the assessments securing the bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the general fund of the city.
redemption fund surplus payment of bonds interest repayment special taxes advancing funds supplemental assessments Section 8783 provisions final installments on assessments general fund of the city property assessment sale cost recovery surplus distribution transfer to general fund bonds payment city's financial obligations
(Amended by Stats. 1993, Ch. 194, Sec. 22. Effective January 1, 1994.)