State Codes and Statutes

Statutes > California > Shc > 9520-9548

STREETS AND HIGHWAYS CODE
SECTION 9520-9548



9520.  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.



9521.  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.




9522.  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.



9523.  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.



9524.  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.



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) 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.



9526.  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.



9527.  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.


9528.  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.


9529.  Any person who files a protest shall have full opportunity to
be heard thereon.



9530.  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.



9531.  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.



9532.  The determination of the legislative body upon all objections
or protests shall be final and conclusive.



9533.  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.


9534.  At the hearing, the legislative body may review and correct
the amount of any reassessments upon any parcel of land.



9534.5.  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.


9535.  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.




9536.  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.



9537.  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.


9538.  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.



9539.  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.


9540.  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.



9541.  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.



9542.  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.



9543.  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.



9544.  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.



9545.  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.


9546.  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.


9547.  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.


9548.  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.


State Codes and Statutes

Statutes > California > Shc > 9520-9548

STREETS AND HIGHWAYS CODE
SECTION 9520-9548



9520.  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.



9521.  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.




9522.  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.



9523.  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.



9524.  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.



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) 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.



9526.  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.



9527.  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.


9528.  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.


9529.  Any person who files a protest shall have full opportunity to
be heard thereon.



9530.  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.



9531.  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.



9532.  The determination of the legislative body upon all objections
or protests shall be final and conclusive.



9533.  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.


9534.  At the hearing, the legislative body may review and correct
the amount of any reassessments upon any parcel of land.



9534.5.  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.


9535.  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.




9536.  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.



9537.  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.


9538.  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.



9539.  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.


9540.  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.



9541.  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.



9542.  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.



9543.  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.



9544.  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.



9545.  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.


9546.  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.


9547.  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.


9548.  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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 9520-9548

STREETS AND HIGHWAYS CODE
SECTION 9520-9548



9520.  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.



9521.  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.




9522.  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.



9523.  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.



9524.  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.



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) 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.



9526.  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.



9527.  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.


9528.  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.


9529.  Any person who files a protest shall have full opportunity to
be heard thereon.



9530.  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.



9531.  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.



9532.  The determination of the legislative body upon all objections
or protests shall be final and conclusive.



9533.  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.


9534.  At the hearing, the legislative body may review and correct
the amount of any reassessments upon any parcel of land.



9534.5.  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.


9535.  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.




9536.  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.



9537.  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.


9538.  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.



9539.  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.


9540.  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.



9541.  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.



9542.  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.



9543.  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.



9544.  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.



9545.  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.


9546.  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.


9547.  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.


9548.  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.