Section § 5450

Explanation

This section defines key terms related to bonds and pledges. ‘Bonds’ refer to various forms of debt instruments not specifically governed by other laws. ‘Collateral’ includes any type of revenue or rights to payment that are pledged. A ‘pledge document’ is any agreement that outlines the provision or creation of a pledge. A ‘pledge’ itself creates a security interest or lien on the collateral mentioned in the document. ‘Public body’ refers to state entities like cities and counties that can issue bonds, excluding private or nonprofit entities. ‘Security interest’ means having a first claim on the pledged revenues and rights unless stated otherwise in the document.

(a)CA Government Code § 5450(a) “Bonds” means any bonds, notes, bond anticipation notes, commercial paper, or other evidences of indebtedness, or lease, installment purchase, or other agreements, or certificates of participation therein, that are not issued pursuant to statutory authority containing a provision governing the perfection and priority of pledges of collateral unless the provision provides that this chapter shall govern.
(b)CA Government Code § 5450(b) “Collateral” means any revenues, moneys, accounts receivable, contractual rights to payment, and other rights to payment of whatever kind, subject to the pledge provided for or created in a pledge document.
(c)CA Government Code § 5450(c) “Pledge document” means the resolution, ordinance, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement or similar agreement with any provider of credit enhancement for bonds, pledge agreement, or similar agreement in which the pledge is provided for or created.
(d)CA Government Code § 5450(d) “Pledge” means, and as used in any pledge document shall be deemed to create, a grant of a lien on and a security interest in and pledge of the collateral referred to in a pledge document.
(e)CA Government Code § 5450(e) “Public body” means the state or any city, county, city and county, district, other political subdivision of the state, public authority, or other public corporation which is authorized to issue bonds. “Public body” shall not include any private person, partnership, corporation, or other private entity, including any nonprofit private entity.
(f)CA Government Code § 5450(f) “Security interest” means a prior claim on any revenues, moneys, accounts receivable, contractual rights to payment, or other rights to payment, which are pledged in a pledge document, unless otherwise provided in the pledge document.

Section § 5451

Explanation

This law explains that when a public body, like a city or county, uses assets as collateral to secure bonds or agreements related to bonds, the pledge is valid right from when it is made. This pledge is legally binding and protects those who are supposed to benefit from it, according to the terms laid out in the pledge document.

Furthermore, the assets pledged become subject to the pledge immediately, creating a legal claim or lien on them. This lien is effective, enforceable, and applies to everyone, including future owners of the collateral or creditors, without any need for physical steps like delivering or recording the document.

(a)CA Government Code § 5451(a) A pledge of collateral by any public body to secure, directly or indirectly, the payment of the principal or redemption price of, or interest on, any bonds, or any reimbursement or similar agreement with any provider of credit enhancement for bonds, which is issued by or entered into by a public body, shall be valid and binding in accordance with the terms of the pledge document from the time the pledge is made for the benefit of pledgees and successors thereto.
(b)CA Government Code § 5451(b) The collateral shall immediately be subject to the pledge, and the pledge shall constitute a lien and security interest which shall immediately attach to the collateral and be effective, binding, and enforceable against the pledgor, its successors, purchasers of the collateral, creditors, and all others asserting the rights therein, to the extent set forth, and in accordance with, the pledge document irrespective of whether those parties have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act.

Section § 5451.5

Explanation

This law secures the West Contra Costa Healthcare District's debts linked to certificates of participation issued between June 8, 2004, and December 31, 2012, by a statutory lien on revenues from parcel taxes approved by Measure D in 2004. The lien happens automatically without any district actions and is valid from the time the certificates are issued. The parcel tax revenue is immediately bound by the lien, making it enforceable against the district, successors, purchasers, and creditors without any physical acts like filing or notification.

(a)CA Government Code § 5451.5(a) All obligations of the West Contra Costa Healthcare District in connection with any and all certificates of participation executed and delivered by or on behalf of the district between June 8, 2004, and December 31, 2012, including certificates of participation executed and delivered before January 1, 2035, to refund those certificates of participation, shall be secured by a statutory lien on all of the revenues generated from parcel taxes levied pursuant to Measure D, approved by the voters of the district at the special election held on June 8, 2004.
(b)CA Government Code § 5451.5(b) This lien shall arise automatically without the need for any action or authorization by the district or the board of directors of the district. The lien shall be valid and binding from the time the certificates of participation are executed and delivered.
(c)CA Government Code § 5451.5(c) The parcel tax revenue shall immediately be subject to this lien, and the lien shall immediately attach to the parcel tax revenue and be effective, binding, and enforceable against the district, its successors, purchasers of those revenues, creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act.

Section § 5451.7

Explanation

This law explains that the Palm Drive Health Care District's debts from certificates of participation or revenue bonds issued between 2005 and 2014 are backed by a statutory lien on revenues generated from parcel taxes. The voters approved these taxes through Measure W in 2004.

The lien on the parcel tax revenue is automatic, requiring no additional action from the district or its directors. It becomes valid and binding as soon as the debt instruments are issued.

Once the lien is in place, it attaches to the tax revenue and is enforceable against the district, its future entities, buyers of the revenue, creditors, and anyone else. This applies even if they aren't aware of the lien, and no further filing or documentation is needed to enforce it.

(a)CA Government Code § 5451.7(a) All obligations of the Palm Drive Health Care District in connection with any and all certificates of participation executed and delivered, or revenue bonds issued, by or on behalf of the district between January 1, 2005, and December 31, 2014, including certificates of participation executed and delivered or revenue bonds issued before 2035 to refund the revenue bonds or certificates of participation, shall be secured by a statutory lien on all of the revenues generated from parcel taxes levied pursuant to Measure W, approved by the voters of the district at the general election held on November 2, 2004.
(b)CA Government Code § 5451.7(b) This lien shall arise automatically without the need for any action or authorization by the district or the board of directors of the district. The lien shall be valid and binding from the time the certificates of participation are executed and delivered or the revenue bonds are issued.
(c)CA Government Code § 5451.7(c) The parcel tax revenue shall immediately be subject to this lien, and the lien shall immediately attach to the parcel tax revenue and be effective, binding, and enforceable against the district, its successors, purchasers of those revenues, creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act.

Section § 5451.8

Explanation

This law explains that the City of Alameda Health Care District must use revenue from parcel taxes, approved by Measure A in 2002, to secure any financial agreements called certificates of participation made between 2024 and 2034. These agreements are mainly for funding construction projects, not daily operations. The law automatically creates a lien, or claim, on the parcel tax revenue as soon as the agreements are made. This lien is immediately valid and enforceable against anyone, without needing any paperwork or other formalities.

(a)Copy CA Government Code § 5451.8(a)
(1)Copy CA Government Code § 5451.8(a)(1) All obligations of the City of Alameda Health Care District in connection with any and all certificates of participation executed and delivered by or on behalf of the district between January 1, 2024, and December 31, 2034, including certificates of participation executed and delivered before 2064 to refund the certificates of participation, shall be secured by a statutory lien on all of the revenues generated from parcel taxes levied pursuant to Measure A, approved by the voters of the district at the general election held on April 9, 2002.
(2)CA Government Code § 5451.8(a)(2) The proceeds of the certificates of participation shall only be used to finance construction projects and shall not be used to cover operational costs.
(b)CA Government Code § 5451.8(b) This lien shall arise automatically without the need for any action or authorization by the district or the board of directors of the district. The lien shall be valid and binding from the time the certificates of participation are executed and delivered.
(c)CA Government Code § 5451.8(c) The parcel tax revenue shall immediately be subject to this lien, and the lien shall immediately attach to the parcel tax revenue and be effective, binding, and enforceable against the district, its successors, purchasers of those revenues, creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act.

Section § 5452

Explanation

This section clarifies that no part of the chapter it's in gives permission to create new bonds or raise the amount of authority to issue existing bonds.

Nothing in this chapter shall be construed to authorize new or increased authority to issue bonds.