Section § 9520

Explanation

This law allows the city government to decide, through a resolution, that it is important or necessary to replace outstanding bonds with refunding bonds. This means they can issue new bonds to pay off current ones and secure these new bonds by imposing reassessments.

Except as it may otherwise have determined pursuant to Section 8571.3, the legislative body of any city which has issued bonds which are outstanding under the act may, at any time, determine by resolution that the public interest or necessity requires the refunding of the issue of bonds, and declare its intention to refund the bonds and to levy reassessments as security for the refunding bonds.

Section § 9521

Explanation

This law states that if there are multiple issues of bonds that were issued under a certain act, they can all be refinanced together in a single process. Instead of individually refinancing each bond issue, you only issue one set of new refinancing bonds, which will be backed by all the assessments that replace the original ones.

Two or more issues of bonds issued under the act may be refunded in one proceeding under this division and only one issue of refunding bonds issued therefor, to be secured by all of the reassessments levied in lieu of the original assessments.

Section § 9522

Explanation

This law explains that when a legislative body in California needs to refund multiple issues of bonds, they should follow the same process as for refunding a single issue of bonds, making necessary modifications. They have full authority to consolidate multiple bond issues into one refunding proceeding and issue a single set of new bonds backed by all relevant reassessments. This process must comply with the U.S. and California Constitutions.

The proceedings for refunding two or more issues of bonds shall follow as nearly as may be the procedure for the refunding of one issue, with the modifications and changes in the resolutions, notices, reassessment list, bonds, auditor’s report, summons, complaints, and all other proceedings as may be necessary or convenient in carrying through the proceedings, and the legislative body conducting the proceedings is hereby granted full jurisdiction, power, and authority to refund two or more issues of bonds issued under the act in one proceeding under this division and with only one issue of refunding bonds secured by all of the reassessments and to perform all acts, take all steps and proceedings, provide all notices, and do all acts and things necessary or convenient for the refunding that are not prohibited by the United States Constitution or the California Constitution.

Section § 9523

Explanation

This law section outlines that a designated person must prepare and file a detailed report as directed by a resolution from Section 9520. The report needs to include several key elements: a schedule of unpaid principal and interest for bonds needing refunding, estimated principal for reassessment and issuing new refunding bonds with a maximum interest rate, and associated costs. The auditor's records showing unpaid original assessments, along with the estimated reassessment amounts and corresponding numbers, must also be included. Additionally, a diagram showing the assessment district, along with its boundaries and the subdivisions of land, is required. Each land subdivision, including separate condominium interests, must be numbered on the diagram.

The resolution referred to in Section 9520 shall direct a qualified person retained or employed pursuant to Section 9506 to prepare and file with the city clerk a report containing the following:
(a)CA Streets and Highways Code § 9523(a) A schedule setting forth the unpaid principal and interest on the bonds to be refunded and the total amounts thereof.
(b)CA Streets and Highways Code § 9523(b) The total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of cost of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as defined by subdivision (a) of Section 9600.
(c)CA Streets and Highways Code § 9523(c) The auditor’s record kept pursuant to Section 8682 showing the schedule of principal installments and interest on all unpaid original assessments and the total amounts thereof.
(d)CA Streets and Highways Code § 9523(d) The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed auditor’s record for the reassessment prepared in the manner described in Section 8682.
(e)CA Streets and Highways Code § 9523(e) A reassessment diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram.

Section § 9524

Explanation

When a specific report is filed with the clerk, it is then presented to the legislative body for review. The legislative body can make changes to the report, and these changes will be used in future actions. However, the report can still be confirmed, further modified, or corrected later as allowed by the chapter.

When the report provided for in Section 9523 is filed with the clerk, the clerk shall present it to the legislative body for consideration. The legislative body may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings, except that it may be confirmed, modified, or corrected as provided in this chapter.

Section § 9525

Explanation

This law means that if certain conditions are met, a legislative body can approve a reassessment report and move forward with refunding bonds, which are like replacing old bonds with new ones at potentially better terms.

First, each year’s payment on the new assessment must be less than the original assessment for it to be eligible. Second, the new bonds can't last longer than the ones they're replacing. Third, the total owed on each piece of land must be less than the original amount. Late payments on the original amount aren’t included in these comparisons.

Finally, the reassessment process doesn’t have to follow the stricter rules of Article XIII D of the California Constitution.

(a)CA Streets and Highways Code § 9525(a) If the legislative body finds that all of the following conditions are satisfied, it may approve and confirm the report prepared pursuant to Section 9523 and proceed to authorize, issue, and sell refunding bonds pursuant to Chapter 3 (commencing with Section 9600):
(1)CA Streets and Highways Code § 9525(a)(1) That each estimated annual installment of principal and interest on the reassessment, as set forth pursuant to subdivision (d) of Section 9523, is less than the corresponding annual installment of principal and interest on the portion of the original assessment being superseded and supplanted, as set forth in subdivision (c) of Section 9523, by the same percentage for all subdivisions of land within the district. Any amount added to the annual installments on the reassessment due to a delinquency in payment on the original assessment need not be considered in this calculation.
(2)CA Streets and Highways Code § 9525(a)(2) That the number of years to maturity of all refunding bonds is not more than the number of years to the last maturity of the bonds being refunded.
(3)CA Streets and Highways Code § 9525(a)(3) That the principal amount of the reassessment on each subdivision of land within the district is less than the unpaid principal amount of the portion of the original assessment being superseded and supplanted by the same percentage for each subdivision of land within the district. Any amount added to a reassessment because of a delinquency in payment on the original assessment need not be considered in this calculation.
(b)CA Streets and Highways Code § 9525(b) Any reassessment that is approved and confirmed pursuant to this section shall not be deemed to be an assessment within the meaning of, and may be ordered without compliance with the procedural requirements of, Article XIII D of the California Constitution.

Section § 9526

Explanation

If officials can't meet certain requirements from another law (Section 9525), they can still move forward with processes related to refunding and reassessment. They need to first approve a report and set a date and location for a hearing about this report and their plans for refunding and reassessment.

If the legislative body is unable to make the findings required by Section 9525, it may proceed with refunding and reassessment by preliminarily approving the report and by fixing a time and place for hearing on the report and on the proposed refunding and reassessment.

Section § 9527

Explanation

This section outlines how the public should be notified about hearings related to reassessment and refunding in a city. The notice must be published in a local newspaper and mailed to relevant parties. If the reassessment amount is greater than the original, additional requirements apply. The notice should include details like the hearing's time, place, purpose, the total estimated cost, reassessed amounts for specific parcels, and how interested parties can protest. Also, any required consents from landowners must be collected according to specific legal requirements.

Notice of the hearing shall be given by publication, pursuant to Section 6062a of the Government Code, in a newspaper of general circulation published in the city or, if there is no newspaper published in the city, then in a newspaper of general circulation published in the county in which the city is located, and by mailing in the time and manner required by Section 10306; or, if the reassessment will not be in the same or lesser amount than the original assessments, in the manner set forth in Section 54954.6 of the Government Code. The notice shall set forth the fact and date of the adoption of the resolution of intention and of the filing of the report and all of the following:
(a)CA Streets and Highways Code § 9527(a) A statement of the time, place, and purpose of the hearing on the resolution of intention and report.
(b)CA Streets and Highways Code § 9527(b) A statement of the total estimated cost of the proposed reassessment and refunding.
(c)CA Streets and Highways Code § 9527(c) The amount, as shown by the report, to be reassessed against the particular parcel covered by the notice.
(d)CA Streets and Highways Code § 9527(d) A statement that any person interested may file a protest in writing as provided in this division.
(e)CA Streets and Highways Code § 9527(e) A reference to the resolution of intention and report on file in the office of the city clerk for particulars.
Any consents of landowners required by the state or federal constitutions shall be obtained in the time, form, and manner required by Chapter 5 (commencing with Section 9180) of Division 11, the terms of which are hereby referred to and incorporated herein by reference.

Section § 9528

Explanation

This law allows anyone with an interest in a property that is about to be reassessed to file a written protest against the proposed refunding or the reassessment amount. This protest must detail the specific reasons for the objection and must be submitted before or during the hearing. If you do not file a protest in writing, you will lose the right to contest the reassessment later on.

Any person interested in any of the property to be reassessed may file a written protest against the proposed refunding or the amount reassessed against that person’s or any other property, as shown in the statement, at, or at any time prior to, the time fixed for the hearing on the refunding and assessment. The protest shall specifically set forth the nature thereof. Failure to file a written protest shall be a waiver of any right which the person may have or claim.

Section § 9529

Explanation

If someone files a protest, they must be given a fair chance to present their case and be listened to.

Any person who files a protest shall have full opportunity to be heard thereon.

Section § 9530

Explanation

This law section states that during a scheduled hearing, the legislative body must listen to any complaints or objections related to the proposed refunding plan, outstanding assessments, or new assessment amounts for specific parcels of land.

At the time and place fixed for the hearing, the legislative body shall hear any complaints or objections that may be made concerning the proposed refunding, the amount of unpaid assessments, or the amounts of proposed reassessments as to any of the parcels of land to be reassessed.

Section § 9531

Explanation

This section states that during a hearing, you cannot challenge how the original proceedings for improvements were done or question the validity or amount of the original assessment. However, any other objections to a reassessment must be raised at the specific time and in the manner outlined in the chapter, or they will be waived.

At the hearing, no objections to the regularity of the proceedings with reference to the making of the improvements or the validity or the amount of any assessment levied in the original proceedings shall be considered. All other objections to any reassessment shall be deemed waived unless presented at the time and in the manner specified in this chapter.

Section § 9532

Explanation

The decision made by the legislative body regarding any objections or protests is final and cannot be challenged further.

The determination of the legislative body upon all objections or protests shall be final and conclusive.

Section § 9533

Explanation

If a hearing is scheduled, it can be postponed and rescheduled multiple times as needed. However, the entire hearing process must be completed within 30 days from the first scheduled date.

The hearing may be continued from time to time by order entered in the minutes, but shall be concluded within 30 days from the date originally fixed.

Section § 9534

Explanation

During a hearing, the legislative body has the authority to examine and adjust the reassessed value of any property.

At the hearing, the legislative body may review and correct the amount of any reassessments upon any parcel of land.

Section § 9534.5

Explanation

If more than half of the property owners protest against a refunding or reassessment plan, the plan cannot proceed, and no similar plan can be considered for six months, unless four-fifths of the legislative body votes against the protests. The legislative body also has the power to make changes to the proposed assessment.

If the legislative body finds that protests against the proposed refunding or the proposed reassessments are signed by the owners of more than one-half of the area of the land proposed for reassessment, all further proceedings under the resolution of intention to refund are barred, and no new resolution of intention for the same refunding may be passed within six months after the decision of the legislative body on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the legislative body. The legislative body may confirm, modify, or correct the proposed assessment.

Section § 9535

Explanation

After a hearing, if there's no majority protest, the initially made or revised report and reassessment must be approved and documented by a resolution.

At the conclusion of the hearing, in the absence of a majority protest pursuant to Section 9534.5, the report and the reassessment as originally made, or as reviewed and corrected, shall be approved and confirmed by resolution entered upon the minutes.

Section § 9536

Explanation

Once the legislative body approves the reassessment, whether as originally made or after it has been reviewed and corrected, it must be officially recorded in the superintendent of streets' office.

When the reassessment, as made or as reviewed and corrected, has been confirmed by the legislative body, it shall be recorded in the office of the superintendent of streets.

Section § 9537

Explanation

This law states that once a reassessment is officially recorded with the superintendent of streets and all related procedures starting from Section 3100 are followed, it becomes a lien on the specific pieces of land that were reassessed.

When recorded with the superintendent of streets and upon compliance with the provisions of Division 4.5 (commencing with Section 3100), the reassessment shall become a lien upon the various parcels of land assessed.

Section § 9538

Explanation

This law section explains that any previous assessments (charges) and the penalties and interest that came with them are replaced by new assessments, called reassessments, unless specified otherwise in this section or in Sections 9546, 9547, and 9548. However, if these new reassessments don't cover the remaining unpaid amounts from the original assessments, those original liens (legal claims) will still exist.

It also defines "unpaid installments" as those payments that are overdue or are scheduled to be added to the tax roll in the year the reassessment is approved.

Except as otherwise provided in this section and in Sections 9546, 9547, and 9548, assessments originally levied, and all penalties and interest accrued thereon, which are included within the reassessments, shall be deemed superseded and supplanted by the reassessments. If, and to the extent that, the reassessments do not include unpaid installments of assessments originally levied and the penalties and interest thereon, the lien of the original assessments is not superseded and supplanted.
For purposes of this section and Section 9539, “unpaid installments” means those installments which are delinquent and those which are or may be posted to the tax roll for the fiscal year during which the reassessment is confirmed.

Section § 9539

Explanation

This law states that when property assessments are reassessed, the new lien on the property will be considered as having started on the same date as the original assessment lien, giving it the same priority. Additionally, any unpaid parts of the original assessment, along with penalties and interest, hold equal priority to the reassessed lien. However, there is an exception in Section 9548.

Except as provided in Section 9548, the lien of the reassessments shall be given superiority and priority as of the date that the original assessments became a lien upon the property reassessed. The lien of unpaid installments of the assessments originally levied and the penalties and interest thereon, and the lien of any remaining portion of the original assessments not securing refunded bonds, are equal in priority to the lien of the reassessments.

Section § 9540

Explanation

This law states that any reassessments, including installments and related interest and penalties, will remain a claim, known as a lien, against the specific parcels of land until they are paid off. This lien, however, cannot exceed the time limit for bringing an action on the most recent series of refunding bonds backed by these unpaid reassessments.

Reassessments and each installment thereof and the interest and penalties thereon shall be a lien against the parcels of land on which made until the same are paid, but for a period not exceeding the time within which an action might be brought on the last series of refunding bonds issued upon the security of the unpaid reassessments.

Section § 9541

Explanation

If there's an unpaid reassessment on a property, the future payments, interest, and penalties aren't covered by a general title warranty. This means if you buy property, those costs aren't protected under the title warranty promise.

Unmatured installments, interest, and penalties on unpaid reassessments shall not be deemed to be within the terms of any general warranty of title as to any parcel against which a reassessment is made.

Section § 9542

Explanation

This law states that when new bonds are issued to refund old ones, the money collected from reassessments and any additional reassessments will form a trust fund. This fund is specifically used to pay off these new refunding bonds and their interest.

When refunding bonds are issued, the reassessments and any reassessments which may be issued thereon or in lieu thereof, together with interest thereon, shall remain and constitute a trust fund for the redemption and payment of the refunding bonds and the interest thereon.

Section § 9543

Explanation

This law requires that when new bonds are issued to replace old ones, a copy of the decision confirming the new financial assessments must be filed with the auditor's office.

A copy of the resolution of the legislative body confirming the reassessments upon the security of which the refunding bonds are issued shall be filed in the office of the auditor.

Section § 9544

Explanation

This law requires the auditor to maintain a record in their office that tracks each installment of principal and interest from reassessments to be collected every year while the bonds are active.

The auditor shall keep a record in his office showing the several installments of principal and interest on the reassessments which are to be collected in each year during the term of the bonds.

Section § 9545

Explanation

This section explains that reassessments and the interest on them are collected just like original assessments. They're also subject to changes, early payment, and all the same rules and penalties if not paid on time. Essentially, the rules that applied to the original assessments also apply to the reassessments.

The reassessments and interest thereon shall be collected on the assessment roll and are subject to reassessment, amendment, and prepayment, and are otherwise subject to all of the provisions of the act in the same manner and subject to the same remedies on default and to the payment of interest and penalties on the enforcement thereof as were the original assessments which were superseded and replaced by the reassessments. For these purposes, the applicable provisions of Parts 8, 9, 10, 10.5, 11, 11.1, 13, 14, and 15 of Division 10 are hereby referred to and incorporated herein by reference.

Section § 9546

Explanation

This law allows a city that has issued bonds (loans) for public improvements to issue more bonds if they previously used an original assessment (way to gather funds) that was smaller than the original project cost. The city can decide it's necessary to refund the current bonds and secure new or additional bonds by reassessing properties as needed.

The city must formally declare their intention to refund and reassess to protect the new bonds, ensuring enough security is in place based on the unpaid part of the original assessment. They must also prepare a detailed report showing the leftover principal amounts from the original assessment to back up the new bonds. This is all carried out under specific procedures set out in related sections.

The legislative body of any city which has issued bonds which are outstanding under this division, the original authorized aggregate principal amount of which was less than the aggregate principal amount of the original assessment which was levied as security therefor, and which intends to issue additional bonds to be secured by that original assessment to provide for and finance the construction and installation of further improvements, may, at any time, determine by resolution that the public interest or necessity requires the refunding of the bonds which are outstanding, the levy of a reassessment as security for the refunding bonds, and the continuation of the original assessment as to the unpaid principal amount thereof which shall be security for the additional bonds to be issued, and may declare its intention to so proceed by a resolution adopted pursuant to Section 9520.
The resolution shall, in addition to declaring the intention of the legislative body to refund the bonds which are outstanding and to levy reassessments as security for the refunding bonds, also declare the intention of the legislative body to issue additional bonds on the basis of the original assessment and to continue the original assessment in an amount sufficient to provide security for the additional bonds to be issued. The resolution shall require that the report prepared pursuant to Section 9523 contain the unpaid principal amount of each original assessment in excess of the amount thereof which will be superseded and supplanted by the principal amount of the corresponding reassessment, which shall be security for the additional bonds to be issued.

Section § 9547

Explanation

This section explains that if a legislative body chooses to follow a specific procedure, several sections will apply to the new assessments they want to impose. Once they confirm this new assessment, they must pass a resolution to continue the lien on the original assessment. This ensures the unpaid portion of the original debt is used as security for new bonds they plan to issue.

If the legislative body elects to proceed pursuant to Section 9546, Sections 9523 to 9545, inclusive, shall apply to the reassessments to be levied. Upon confirming the reassessment, the legislative body shall, in the resolution adopted pursuant to Section 9535, order that the lien of the original assessment continue as to the portion of the unpaid principal amount thereof which will be security for the additional bonds which are to be issued on the basis thereof.

Section § 9548

Explanation

This law section explains what happens when a legislative body decides to go through with a reassessment process aimed at refinancing bonds. Once the reassessment is finalized, it replaces the original assessment lien as security for bonds being refunded. However, the lien of the original assessment stays in place to secure any new bonds until four years after the last payment of the reassessment is due.

Both the reassessment lien and the original assessment's lien have the same priority based on the date the original assessment was established. The notice filed for this reassessment must be titled "Notice of Reassessment and Continuation of Assessment" and explain how the reassessment and original assessment are related.

If the legislative body elects to proceed pursuant to Section 9546, upon confirmation of the reassessment as provided in Section 9535 and in compliance with Sections 9536 and 9537, the lien of the reassessment supersedes and supplants the lien of the original assessment as to the portion of the unpaid principal amount thereof which was security for the bonds which are to be refunded, but the lien of the original assessment continues as to the portion of the unpaid principal amount thereof which is security for the additional bonds which are to be issued on the basis thereof until the expiration of four years after the due date of the last installment on the reassessment.
The lien of the reassessment and the lien of the continued portion of the original assessment have equal priority as to the date the original assessment became a lien upon the property assessed.
The notice of reassessment filed pursuant to Section 3114 shall be entitled “Notice of Reassessment and Continuation of Assessment” and shall specify the relationship between the reassessment and the continuing amount of the original assessment.