CHAPTER 1. General Provisions and Definitions [9500 - 9519.5]
( Chapter 1 added by Stats. 1984, Ch. 496, Sec. 1. )
This division shall be known and may be cited as the “Refunding Act of 1984 for 1915 Improvement Act Bonds.”
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The procedures of this division are an alternative to Division 11 (commencing with Section 9000) which relates to the refunding of bonds under the Improvement Bond Act of 1915.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
It is hereby declared that it is a public purpose for a local agency to issue refunding bonds for the purposes set forth in this division and to invest and reinvest the proceeds thereof, and any other funds legally available therefor, for the purposes set forth herein.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The legislative body of any city in this state may issue refunding bonds and refund outstanding bonds issued either under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or under this division, under and subject to this division, and may provide for the extension of the liens of assessments and the levy and collection of assessments and reassessments to pay the refunding bonds. All or any portion of any bond issue authorized for refunding by this section may be refunded pursuant to this section.
(Amended by Stats. 1987, Ch. 1388, Sec. 23.)
It is the intention of this division that the outstanding bonds and the original assessments shall remain in full force and effect and secured by the original assessments until superseded and supplanted by reassessments and refunding bonds validly and legally issued pursuant to this division, at which time the reassessments shall become the security for the refunding bonds and the refunding escrow shall become the security for any outstanding bonds not exchanged for refunding bonds.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Any action or determination made necessary by reason of state or federal constitutional requirements or otherwise, or any action or determination which is convenient in the making of the reassessment, or in the refunding and reassessment proceedings, which is not expressly set forth in this division is hereby authorized and the same when made shall be valid and sufficient.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Any city may retain or employ any qualified person to perform any work or perform any services provided for or authorized by this division or in connection with the refunding of any indebtedness authorized to be refunded under this division.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The incidental expenses of any refunding and reassessment authorized by this division, including the designated costs of issuing the refunding bonds, as defined and determined pursuant to Chapter 3 (commencing with Section 9600), may be paid from the proceeds of sale of the refunding bonds or from contributions and appropriations made pursuant to Section 9510.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Subject to Section 9509, when proceedings are commenced under this division, only this division shall apply.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
A reassessment proceeding under this division may be conducted concurrently with proceedings under any other applicable reassessment law and all resolutions, notices, reports, and other documents and proceedings required by each law may be consolidated into single instruments.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Contributions and appropriations may be made at the times and in the manner provided in Article 2 (commencing with Section 9125) of Chapter 3 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.)
This division does not affect any other act or acts now existing or which may hereafter be passed covering the same subject matter, nor apply to any proceedings thereunder, but is intended to and does provide an alternative system for the refunding of bonds.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The remedies provided for the enforcement of any reassessment levied under the provisions of this division are not exclusive and additional remedies may be provided at any time.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The curative clauses of this division are cumulative and each of them is to be given full force and effect.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
This division and all of its provisions shall be liberally construed in order that its purposes may be made effective.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
In the event of a foreclosure or action to quiet title, process shall be served upon the same person or persons as in other cases of suits against the city.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
The purchaser, whether at a tax collector’s sale or at a resale by the city in the event of the city having become the purchaser, or at a foreclosure sale by order of court, takes the property subject to all unpaid reassessment installments, interest, and penalties under the same proceeding.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Unless the particular provision or the context otherwise requires, the definitions contained in the Improvement Bond Act of 1915 shall govern the construction of this division.
The term “act,” as used in this division, means the Improvement Bond Act of 1915.
(Added by Stats. 1984, Ch. 496, Sec. 1. Effective July 17, 1984.)
Any surplus remaining in the improvement fund for the assessment district, after completion of the improvements and the payment of all claims, may be used as a credit upon the reassessment in the manner provided in Section 10427.1 or as otherwise provided in Section 10427.
(Added by Stats. 1986, Ch. 874, Sec. 12. Effective September 17, 1986.)
Any balance remaining in the special reserve fund for the bonds to be refunded at the time of the issuance of the refunding bonds shall be used to retire the bonds to be refunded as provided in Section 8885.
(Added by Stats. 1986, Ch. 874, Sec. 13. Effective September 17, 1986.)
Sections 8571.3 and 8769 are applicable to this division.
(Added by Stats. 1987, Ch. 1388, Sec. 24.)