This law section simply states that it can be referred to as the Investment Bond Act of 1909.
This article may be cited as the Investment Bond Act of 1909.
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This law allows cities to incur debt through bonds if it's in the public's best interest. Cities can acquire bonds that they themselves issued, were issued by or for any district within the city, or were issued for street work and public improvements. These bonds can also relate to projects covered under specific laws like the Improvement Bond Act of 1915 and the Acquisition and Improvement Act of 1925.
Whenever the public interest or necessity requires, any city may incur a bonded indebtedness to acquire bonds:
(a)CA Government Code § 43761(a) Issued by the city.
(b)CA Government Code § 43761(b) Issued by or for any district in the city.
(c)CA Government Code § 43761(c) Issued for street work or other public improvements in the city under any law providing for the performance of street work or other public improvements or the issuance of bonds to represent or be secured by assessments levied for such work or improvements, including bonds issued under the Improvement Bond Act of 1915 and the Acquisition and Improvement Act of 1925.
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This California law outlines the reasons for acquiring bonds or investments from the general improvement fund. The goals include helping with public improvements in the city, managing or preventing increases in district taxes, reducing district debts, collecting overdue city taxes, and ensuring properties are taxed by getting them back on the tax rolls.
It is the intent of the Legislature in adopting this article that the acquisition of such bonds or investments of the general improvement fund shall be for any or all of the following purposes:
(a)CA Government Code § 43762(a) Aiding or facilitating the making of needed public improvements in the city.
(b)CA Government Code § 43762(b) Limiting or preventing such increasing of district taxes or assessments as may impair the general tax revenues of the city from any district.
(c)CA Government Code § 43762(c) Providing means to reduce district indebtedness or assessments represented by or securing bonds.
(d)CA Government Code § 43762(d) Obtaining collection of delinquent city taxes.
(e)CA Government Code § 43762(e) Restoring property to the tax rolls in order that city taxes may be collected on such property.
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This section states that any bonds issued under this article must follow the procedures set out in Article 1 of the same chapter. Essentially, it's saying that there is a standardized method for issuing these bonds.
Bonds issued pursuant to this article shall be issued substantially in the manner prescribed by Article 1 of this chapter.
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This law says that when there's a decision to hold an election for a proposed public improvement, the announcement does not have to mention how much the project is expected to cost.
The ordinance calling the election need not contain any statement as to the estimated cost of the proposed public improvement.
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This law section explains the requirements for an ordinance when issuing new bonds to buy existing ones. Specifically, it must include which bonds are being acquired, the total amount owed on those bonds, and the highest price that can be paid for them. This price must not be more than the specified limit.
If the bonds are to be issued to acquire outstanding bonds, the ordinance shall state generally:
(a)CA Government Code § 43765(a) What bonds are to be purchased or acquired.
(b)CA Government Code § 43765(b) The total principal amount of such bonds.
(c)CA Government Code § 43765(c) The maximum purchase price proposed to be paid for them. The maximum purchase price shall not exceed the amount stated.
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This law allows for the interest rates on bonds to change throughout the duration of the bond. The rates don't have to be uniform and can vary for different interest payment periods.
The interest rate on the bonds need not be the same during the entire term and different rates may be fixed for one or more interest payments.
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This law section states that bonds must be sold for at least their face value. Additionally, they can be swapped for existing bonds, as long as the trade is made at their face value and the original bonds do not cost more than the highest price set during the election announcement.
The bonds shall not be sold at less than their par value. They may be exchanged at their par value for the outstanding bonds if the outstanding bonds are taken in exchange at a price not exceeding the maximum purchase price stated in the ordinance calling the election.
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This law section explains that when bonds are exchanged, any interest that has built up on the bonds being acquired can be used to balance out the interest accumulating on the new bonds being issued. If bonds are being bought instead, then the interest that has built up on them up to the exchange date can be paid.
In the exchange of bonds, interest upon the bonds to be acquired accruing to the date of exchange may be offset against the interest accruing upon the bonds issued pursuant to this article. In the purchase of bonds, interest accruing to date of exchange may be paid.
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This law states that bonds issued under this article must be redeemed and paid back according to the procedures outlined in Article 1 of the same chapter.
Bonds issued pursuant to this article shall be redeemed and paid pursuant to Article 1 of this chapter.
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This law section explains that taxes to repay bonds will generally be collected following the rules in Article 1, unless the bonds are meant to be paid off all at once when they mature.
Taxes for the payment of the bonds shall be levied pursuant to Article 1 except where any issue of bonds pursuant to this article is to mature at one time.
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This law requires city governments to keep funds from bond sales in a separate account called the "general improvement fund." This money should be invested and reinvested in city-issued bonds or bonds for city improvements like streets or sewers. The city must collect principal and interest from these bonds and credit it back to this fund.
The legislative body of any city shall keep the funds arising from the sale of bonds pursuant to this article separate and distinct from all other municipal funds in a fund to be called “general improvement fund,” and shall invest and reinvest the money in bonds issued by the city, or bonds issued for street, sewer, drainage, or any other improvements within the city. It shall collect the principal of and interest on such bonds and credit it to the fund.
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This law states that if a city issues new bonds to buy or fund the purchase of certain old bonds, the new bonds can only be used for that specific purpose. Additionally, any money left over or received from these bond transactions must be used to pay off the new bonds' principal and interest.
If the bonds are issued to acquire or to provide funds for the purchase of certain outstanding bonds, they may be used only for that purpose. All of the funds not so used and all sums received in payment of principal or interest of the bonds acquired by the city or received from their sale shall be used for the payment of the principal and interest of the bonds issued pursuant to this article.
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This law allows the legislative body to sell bonds whenever it decides it's the right time. However, they can't sell them for less than what they initially paid.
At such times as the legislative body determines, it may sell any of the bonds purchased by it. The bonds shall not be sold at a price less than that paid for them.
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When bonds are sold, the money gained from selling them, along with any interest earned, goes into a general improvement fund. This money can either be reinvested in more bonds or used to pay off the debt and interest of those bonds, unless reinvestment isn’t allowed.
The purchase price of any bonds sold and the accrued interest on them shall be placed in the general improvement fund and may be reinvested in bonds, or, if such reinvestment is not permitted, shall be used to pay principal and interest of the bonds issued pursuant to this article.
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This section allows a city's legislative body to decide whether to include past due amounts from bond payments, which are due because of unpaid taxes or assessments, in the annual tax or assessment levy. The city can also choose not to include expected future unpaid taxes in this levy. Each year, they have the flexibility to decide how much to include or omit based on delinquencies. Taxes or assessments must be levied according to the law under which the bonds were originally issued, but they can adjust the total yearly amount if necessary.
During the time the city owns any district bonds payable from taxes or assessments levied wholly or partially in accordance with the assessed value of the land within the district, the legislative body may omit any sum for the payment of principal and interest past due and unpaid because of delinquencies from the amount of the annual tax or assessment to be levied for the payment of principal and interest of such bonds. It may also limit or omit any sum for anticipated delinquencies. The legislative body may exercise its discretion as to such omission each year. The tax or assessment shall be levied pursuant to the statute under which the bonds acquired were issued, but the total amount of the annual levy may be limited as provided in this section.
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This law allows a government's legislative body to buy bonds for less than their face value and then reduce the principal debt amount of those bonds to a new amount they decide on by law. However, the new total amount cannot be less than what they paid for the bonds.
When bonds are acquired at less than their par value, the legislative body may reduce the total principal amount of any issue acquired and held by it to a total principal amount to be fixed by ordinance. The reduced total principal amount of the issue shall not be less at par than the total purchase price of the total principal amount of the issue acquired by the legislative body.
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This law states that an ordinance regarding bonds can be challenged by a referendum like other ordinances. It must specify several details about the bonds involved. These include the bonds that will be reduced, the original total amount of these bonds, how much was paid for these bonds, and how much of the bonds' total amount will be reduced. It also needs to detail the specific bonds that will be canceled, their numbers, their amounts, their maturity dates, and when and where this cancellation will happen.
The ordinance is subject to referendum as other ordinances and shall designate:
(a)CA Government Code § 43777(a) The issue of bonds to be reduced.
(b)CA Government Code § 43777(b) The total principal amount of the issue acquired.
(c)CA Government Code § 43777(c) The purchase price paid for the bonds.
(d)CA Government Code § 43777(d) The principal amount of the proposed reduction.
(e)CA Government Code § 43777(e) The numbers, denominations, and maturity dates of the bonds to be canceled.
(f)CA Government Code § 43777(f) The time and place of the proposed cancellation.
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This law section requires that bonds are canceled in a public setting at a specified time and place. The city clerk must then record details about the canceled bonds, including identifying information and the date of cancellation, in the legislative body's minutes.
At the time and place fixed, the bonds shall be publicly canceled, and the city clerk shall enter on the minutes of the legislative body a record of the bonds canceled sufficient to identify them and the fact and date of their cancellation.
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This law says that if bonds issued under the Improvement Bond Act of 1915 are canceled, the local government must adjust the principal amount of the related assessments. The new total should match the principal amount of the bonds that haven't been canceled and are still unpaid.
If the bonds canceled are issued under the Improvement Bond Act of 1915, the legislative body shall reduce the principal amount of the assessments securing the bonds to the total principal amount of the unpaid and uncanceled bonds of the same issue.
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This law allows for the reduction of certain assessments by canceling part of them, if necessary. The legislative body is responsible for setting up a procedure for how these cancellations happen. Any part of the assessment that is not canceled is still valid and must be collected according to the original rules when the assessments and bonds were first issued.
The reduction of assessments shall be carried out by canceling such proportion of the assessments as is necessary, and the legislative body may provide procedure for such cancellation. The uncanceled portion of the assessments is valid and shall be collected pursuant to the statutes under which the original assessments were levied and bonds issued.
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This law allows a city's legislative body to cancel district bonds if they think it's better for the public interest, rather than enforcing the bond's lien. This is an alternative to other procedures previously outlined in related sections.
When the legislative body of any city has acquired any district bonds pursuant to this article, it may, as an alternative to the procedure prescribed in Sections 43775 to 43780, inclusive, cancel all or any of such district bonds, if in its opinion the public interest and welfare will be better served by such cancellation than by enforcing the lien securing the bonds.
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Before a city can cancel bonds, it has to pass an ordinance, which is like a city law, doing a few specific things: first, it must decide that canceling the bonds is in the public's best interest. Next, it has to specify which bonds, or what parts of them, are being canceled. Finally, it must set a time and place for when this cancellation will happen. The ordinance for cancellation can be subject to a public vote, just like any other city law.
Before ordering the cancellation, by ordinance the legislative body shall:
(a)CA Government Code § 43782(a) Determine that the public interest and welfare will be best served by the cancellation of all or part of the principal and interest of the bonds.
(b)CA Government Code § 43782(b) Designate the issue of bonds to be canceled or the principal amount, numbers, and denominations of the bonds proposed to be canceled, if less than all.
(c)CA Government Code § 43782(c) Fix the time and place of the proposed cancellation. The ordinance is subject to referendum as other ordinances of the city.
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This law requires that when bonds are set to be canceled, they must be canceled publicly at the time and place specified in an ordinance. The legislative body must then officially record the cancellation. Additionally, they must cancel all assessments and liens on properties tied to these bonds, including any overdue assessments, interest, penalties, and costs.
At the time and place fixed in the ordinance, the bonds shall be publicly canceled, and the legislative body shall cause a record of the cancellation to be entered on its minutes. It shall cancel all assessments securing the bonds and all liens upon any property subject to assessment for the payment of the bonds, or such part of the assessments as is necessary, including any delinquent assessments and interest, penalties, and costs.
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This law allows the city's legislative body to sell bonds from the general improvement fund to property owners. The purpose is to help these owners clear their property's assessments by redeeming it. However, the sale is only valid if the owner redeems their property at the same time, removing any unpaid liens or assessments, except for upcoming city taxes.
The legislative body may sell any district bonds acquired from money in the general improvement fund to any property owner at such price as it determines, to enable him to use the bonds upon redemption of any property subject to assessment for the payment of such bonds. Such sale shall not be made unless the property owner simultaneously redeems the property and reinstates it upon the assessment rolls of the city free and clear of all unpaid liens and assessments, other than the lien for current city taxes not yet due and payable.
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This law states that when bonds issued by a district are used to redeem property, those bonds must be canceled and discharged. Additionally, the treasurer is responsible for ensuring there's a record of this cancellation and discharge noted in the city's records.
All district bonds sold for the purpose of effecting such redemption shall be canceled and discharged upon the redemption of the property. The treasurer shall cause the proper notation of cancellation and discharge to be entered upon the city records.
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This law lets the legislative body decide when a set of bonds will be fully paid off, as long as it's within twenty years from the date they were issued.
The legislative body may determine that any issue of bonds pursuant to this article shall mature at one time, not to exceed twenty years from the date of issue.
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This law states that if bonds are set to mature all at once, a yearly tax needs to be applied that covers both the interest payments when they're due and sets aside money, called a sinking fund, to repay the full amount of the bonds when they mature.
If the bonds are made to mature at one time, the annual tax levy shall be sufficient to pay the interest on the bonds as it comes due and create a sinking fund for the payment of the principal on or before maturity.
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This law requires that each year, an amount of money must be set aside into a special fund, called a sinking fund, to pay off the principal amount of bonds. This amount cannot be less than the total principal amount of the bonds divided by the number of years the bonds are scheduled to last.
The sum to be raised each year and placed in the sinking fund for the payment of the principal shall not be less than an amount obtained by dividing the total principal amount of the bonds issued by the total number of years they are to run.
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This law says that if a set of bonds is scheduled to be paid off all at once, they can be redeemed earlier in numerical order, based on their serial numbers, on any date when interest is due, but only at their face value plus any interest that has accrued.
If the entire issue of bonds is to mature at one time, the bonds may be called for redemption in numerical order at par and accrued interest on any interest payment date prior to their fixed maturity.
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This law states that bonds issued under this article cannot be paid off early unless they include a statement saying they can be called, which means bought back before the agreed end date.
Any bond issued pursuant to this article shall not be callable or redeemable prior to its fixed maturity date unless it contains a statement that the bond is callable.
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Each year, at least 60 days before a scheduled interest payment, the city must invite bids to purchase bonds using a special fund, called a sinking fund, if there's enough money in it to buy the bonds. The city has to announce these invitations through a newspaper in the city, publishing the notice once a week for two weeks, and they can also publish in additional newspapers if they choose.
At least once each year, within sixty days prior to an interest payment date, if the sinking fund contains sufficient available money to call one or more of the outstanding bonds, the legislative body shall invite sealed proposals for the sale to the city of any bonds for payment of which the sinking fund was created. The invitation shall be by a notice published once a week for two weeks in a newspaper published in the city. The legislative body may provide for additional publication in other newspapers.
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This law states that when bonds are ready to be redeemed, there must be a public announcement specifying the amount available and when and where proposals for redemption will be opened. At the designated time and place, proposals are opened in front of the public. The government can choose to reject any or all of the proposals as they see fit.
The notice shall state the amount available for the redemption of bonds and specify the time and place the proposals will be opened. At such time and place, all proposals shall be opened in public. Any or all proposals may be rejected in the discretion of the legislative body.
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This law states that a proposal to sell bonds won't be accepted unless the price offered is below the bond's face value and any interest that has piled up. If no good offers come in, or there's not enough to use up the funds reserved for paying off bonds, the legislative body will start redeeming outstanding bonds in order, using the available funds.
A proposal shall not be accepted unless the sale price is less than par and accrued interest. If no proposals are received, or if those received are rejected or are insufficient to exhaust the money available for the redemption of bonds, the legislative body shall call in numerical order such outstanding bonds as can be redeemed from the money available for that purpose.
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If the city is calling back bonds for redemption, they must announce it in a widely read local newspaper, doing so once a week for two consecutive weeks. The first announcement has to be at least thirty days before the bonds are due for redemption. On the specified redemption date, the bonds will be bought back at their face value, plus any interest that has accumulated up to that day.
Notice of the call for redemption shall be published once a week for two weeks in a newspaper of general circulation in the city. The first publication shall be not less than thirty days prior to the date fixed for redemption. Upon the date fixed, bonds called shall be redeemed at par and accrued interest to that date.
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If bonds are called in for redemption but aren't turned in by the redemption date, the next day enough money to pay off the principal and any interest up to the redemption date will go into a special fund. From the redemption date onward, those bonds stop earning interest.
If any bonds called are not presented for redemption on the date fixed, on the day following a sum sufficient for the payment of the principal of such bonds and accrued interest to the date of redemption shall be placed in a special fund for that purpose, and interest on such bonds ceases on the redemption date.
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This section explains that there's an alternative method for issuing bonds. Once you start using this method, you must follow all the rules in this particular section.
This article provides an alternative system for the issuance of bonds. When proceedings are commenced under this article, its provisions govern all procedures to be taken.
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This law section says that when interpreting the rules in this article, they should be understood in a way that best achieves the goals it aims to accomplish. In simple terms, the rules should be applied in a broad manner to fulfill their intended purpose effectively.
This article shall be liberally construed to the end that its purposes may be made effective.
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