Special assessments and special assessment bonds heretofore or hereafter levied or issued pursuant to general law may be refunded pursuant to this article. The provisions of the Special Assessment and Bond Refunding Act of 1939, Chapter 5, Division
1, Title
6 (commencing with Section 59100) of the
Government Code shall apply.
(Prior code § 9-481)
Special assessments and special assessment bonds hereafter levied
or issued pursuant to this code may be refunded by proceedings had
pursuant to Article VIII of this code. The provisions of this article
are to be read in pari materia with the provisions of Articles V through
XIX of this code pursuant to which the former assessments were levied
or bonds were issued.
(Prior code § 9-482)
Bonds that have been issued pursuant to Article III of the Charter
of the City that have or will mature or that are or will be subject
to call and redemption prior to the completion of the proceedings
provided therefor under this section, may be refunded by proceedings
had pursuant to Article VIII of this code. Refunding proceedings may
also be had and refunding bonds issued pursuant to this section, in
anticipation of the former bonds maturing, or becoming subject to
call, or of being purchased in the open market, or pursuant to an
agreement made or to be made with the holders for the purchase of
outstanding bonds that have not matured and are not subject to prior
call and redemption.
(Prior code § 9-483)
The refunding bonds shall be issued pursuant to the provisions
of Articles XI through XIX of this code.
(Prior code § 9-484)
Refunding bonds may be issued in a principal amount sufficient
to provide for the payment of all of the following:
A. The
principal amount of the bonds to be refunded;
B. The
premiums necessary to be paid in calling and retiring the outstanding
bonds;
C. The
price in excess of the par value of bonds required to be paid for
their purchase in the open market;
D. Interest
accrued, or to accrue, on the bonds to be refunded, to the date of
their refunding or to the next interest payment date thereafter when
required to be paid;
E. The
costs of engineering, legal and other technical services employed
to accomplish the refunding;
F. The
costs of printing and advertising, and all other costs of the City
incurred or to be incurred in the refunding proceedings; and
G. Interest
on the refunding bonds from their date to the date they are delivered
to the former bondholders, in exchange for former bonds.
(Prior code § 9-485)
Refunding bonds may be exchanged for former bonds, in which
event the holder of the former bonds and the City Council shall agree
upon the amounts and maturities of the bonds to be exchanged.
(Prior code § 9-486)
Refunding bonds may be sold in the manner provided in Articles
XI through XIX of this code, and the proceeds used to purchase or
pay for all or any of the former bonds, and costs of refunding.
(Prior code § 9-487)
The City Council may by resolution establish a plan of refunding
and rules and regulations therefor, to be performed by the City Manager,
Director of Finance or other persons designated by it.
(Prior code § 9-488)
The City Council may appoint and provide a bank or other trust
company to act as depositary of the former bonds for their holders,
and to otherwise assist in the consummation of a refunding plan.
(Prior code § 9-489)
Proceedings for refunding bonds may be had in conjunction with
proceedings for the acquisition or construction of public improvements
pursuant to Article VIII of this code.
(Prior code § 9-490)
Nothing in this article shall be construed as authorizing the
City to violate any contract or other vested rights arising from the
issuance or ownership of the former bonds. The City is authorized
to and shall conduct a refunding proceedings and take all proceedings
necessary therein to avoid the violation of a contract or vested right.
To this end, the City may exercise in whole or in part the procedures
therefor in any law or provide therefor itself.
(Prior code § 9-491)
If the City Council makes the following findings and determinations,
any outstanding bonds (the "refunded bonds") may be refunded or advance
refunded by the issuance of refunding bonds (the "refunding bonds")
by resolution or indenture adopted or approved by the City Council
without notice and hearing or further process:
A. That
the total aggregate amount of the principal of and interest on the
refunding bonds is less than the total aggregate amount of the principal
of and interest on the refunded bonds;
B. That
each annual installment of principal of and interest on the refunding
bonds is less than the corresponding installment of principal and
interest on the total amount of refunded bonds which was originally
issued; and
C. That
the term of the refunding bonds is equal to or less than the original
term of the refunded bonds as originally issued.
(Prior code § 9-492)
If the City Council is unable to make the findings required by Section
3.76.2960, it may proceed with refunding proceedings pursuant to any other appropriate section of this article.
(Prior code § 9-493)
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 refunding proceedings,
which is not expressly set forth in this article, is hereby authorized
and the same when made shall be valid and sufficient.
(Prior code § 9-494)