Chapter 2 - Reassessment Proceedings

California Streets and Highways Code — §§ 9520-9548

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Sections (30)

Amended by Stats. 1986, Ch. 874, Sec. 14. Effective September 17, 1986.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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)A schedule setting forth the unpaid principal and interest on the bonds to be refunded and the total amounts thereof.
(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)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)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)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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Amended by Stats. 1997, Ch. 38, Sec. 7. Effective July 1, 1997.

(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)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)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)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)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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Amended by Stats. 1993, Ch. 1194, Sec. 8. Effective October 11, 1993.

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)A statement of the time, place, and purpose of the hearing on the resolution of intention and report.
(b)A statement of the total estimated cost of the proposed reassessment and refunding.
(c)The amount, as shown by the report, to be reassessed against the particular parcel covered by the notice.
(d)A statement that any person interested may file a protest in writing as provided in this division.
(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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.

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.

Amended by Stats. 1986, Ch. 874, Sec. 16. Effective September 17, 1986.

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.

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