Section § 43720

Explanation

This law allows a city (not a city-county combination) to handle its debt in two ways. First, if the city has existing debts like bonds, notes, or legal judgments, it can restructure these debts. Second, if any part of the city, like a department or board, has debt that was created for a legitimate city project, the city can also manage that debt similarly.

The legislative body of any city, except a city and county, may provide for the funding or refunding of outstanding indebtedness pursuant to this article, if either of the following conditions exist:
(a)CA Government Code § 43720(a) The city has an outstanding indebtedness evidenced by bonds, warrants, notes or other evidences of indebtedness, or a judgment.
(b)CA Government Code § 43720(b) Any department, board, or special fund of the city has an outstanding indebtedness evidenced by bonds, warrants, or notes or other evidences of indebtedness, and such indebtedness has been created for a purpose for which bonds of the city could have been lawfully authorized and issued.

Section § 43721

Explanation

The city can issue bonds to manage its debt, even before it is due, if two-thirds of the legislative body agrees. This means they can reorganize or replace existing debt with potentially better terms.

By a two-thirds vote of its number, the legislative body may fund or refund the indebtedness at, after, or before maturity and issue bonds of the city for the indebtedness.

Section § 43722

Explanation

This law states that bonds issued must be worth between $100 and $1,000 each. These bonds can last for up to 40 years and carry an annual interest rate that can't go over 8%, paid every six months.

The bonds shall be issued in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) each, have not more than 40 years to run, and bear a rate of interest not to exceed 8 percent a year, payable semiannually.

Section § 43723

Explanation

This section allows for flexibility in setting interest rates on bonds, meaning that the interest rate can vary for different interest payments throughout the duration of the bond's term.

The rate of interest during the entire term of the bonds need not be the same but different rates may be fixed for one or more interest payments.

Section § 43724

Explanation

This law states that bonds must be structured so that they are paid off in a series of payments over time, with at least one-fortieth of the total principal and interest being paid each year.

The bonds shall be serial bonds, and not less than one-fortieth of the principal and interest on all sums unpaid shall be paid each year.

Section § 43725

Explanation

This law states that the legislative body can decide when the bonds they issue will start to mature, but the start date for maturity can't be more than three years from when the bonds are issued.

The legislative body may fix a date for the earliest maturity of the principal of the bonds, not more than three years from the date of the issue.

Section § 43726

Explanation

This law section specifies that bonds will be paid in whatever currency and at whichever locations the legislative body has chosen and stated in the bonds.

The bonds shall be payable in such money and at such places as the legislative body designates in the bonds.

Section § 43727

Explanation

This law section states that bonds can be sold in a way determined by the legislative body to the highest bidder, ensuring the city doesn't pay more than 8% interest annually. Alternatively, these bonds can be exchanged for existing debts.

The bonds may be sold in the manner provided by the legislative body, to the highest bidder, at such price that the interest rate paid by the city, computed on the sale price, will not exceed 8 percent a year, or may be exchanged for the outstanding evidences of indebtedness pursuant to this article.

Section § 43728

Explanation

When a city conducts a cash sale of bonds, the money received must go into the city's treasury. This money can only be used to pay off the debt for which the bonds were originally issued.

The proceeds of any sale for cash shall be placed in the city treasury to the credit of the funding fund, and applied only to refunding the indebtedness for which the bonds are issued.

Section § 43729

Explanation

This law says that if there is any money left over after paying off debts with refunding bonds, that money must be put into a special fund. This fund is solely for paying back the principal and interest of those refunding bonds as they come due.

Any proceeds of the refunding bonds remaining after the indebtedness has been paid shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for the purpose of paying such principal or interest as it matures.

Section § 43730

Explanation

Whenever a government body takes on debt through bonds, they must levy a tax when setting general taxes to ensure they can pay the interest and part of the bond's principal. This needs to happen every year until the bonds are fully paid or there is enough money set aside to cover all the payments as they come due.

At the time of making the general tax levy after incurring the bonded indebtedness and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the legislative body shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of the next general tax levy will be available.

Section § 43731

Explanation

If refunding bonds are issued and their first due date is over a year away, the legislative body must collect enough taxes each year to cover the interest as it comes due and to save up enough in a sinking fund to pay off the principal by the maturity date.

If the earliest maturity of the refunding bonds is more than one year after the date of issuance, the legislative body shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for payment of the principal on or before maturity.

Section § 43732

Explanation

In this section, it states that certain taxes will be charged and collected like any other taxes in a city. These taxes are specifically intended to pay off bonds and their interest, and they are separate from other types of taxes.

The taxes shall be levied and collected as other city taxes, and are in addition to all other taxes. They shall be used only for the payment of the bonds and interest.

Section § 43732.5

Explanation

This law section allows a city to guarantee payments on its outstanding bonds by notifying the Controller of their intention and appointing a bond trustee. If the city doesn't have enough tax revenue to pay the bonds' principal and interest, the bond trustee informs the bondholders and the Controller. The Controller then uses funds from the Motor Vehicle License Fee Account to cover the bond payments. The city is reimbursed from future tax revenues for any reduction in its allocation due to these payments. However, this law doesn’t make the State of California responsible for any payments to the city from this fund.

(a)CA Government Code § 43732.5(a) Prior to the issuance by a city of bonds pursuant to this chapter, the legislative body may elect, by resolution, to guarantee payment on outstanding bonds of the city issued pursuant to this chapter in accordance with the following:
(1)CA Government Code § 43732.5(a)(1) A city that elects to participate under this section shall provide notice to the Controller of that election, which notice shall include a schedule for the repayment of principal and interest on the bonds, and identify a bond trustee appointed by the city for the purposes of this section.
(2)CA Government Code § 43732.5(a)(2) In the event that, for any reason, the amount of tax revenues made available pursuant to this article for the payment of principal and interest of the bonds will not be sufficient for that purpose at the time payment on principal, interest, or both, is required as to any one or more of those bonds, the city shall so notify the bond trustee. The bond trustee shall immediately communicate that information to the affected bondholder or bondholders and to the Controller.
(3)CA Government Code § 43732.5(a)(3) When the Controller receives notice from the trustee as described in paragraph (2), or the amount of tax revenues made available pursuant to this article for the payment of principal and interest of the bonds is not sufficient for that purpose at the time payment on principal, interest, or both, is required as to any one or more of those bonds, the Controller shall make an apportionment to the bond trustee in the amount of that required payment for the purpose of making that payment. The Controller shall make that payment only from moneys credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund to which that city is entitled at that time under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code, and shall thereupon reduce, by the amount of the payment, the subsequent allocation or allocations to which the county would otherwise be entitled under that chapter.
(4)CA Government Code § 43732.5(a)(4) A city shall be entitled to reimbursement, from tax revenues collected pursuant to this article, in an amount equal to the amount by which its allocation or allocations under Chapter 5 (commencing with Section 11001) of Part 5 of Division 2 of the Revenue and Taxation Code are reduced pursuant to subdivision (c).
(b)CA Government Code § 43732.5(b) This section shall not be construed to obligate the State of California to make any payment to a city from the Motor Vehicle License Fee Account in the Transportation Tax Fund in any amount or pursuant to any particular allocation formula, or to make any other payment to a city, including, but not limited to, any payment in satisfaction of any debt or liability incurred or guaranteed by a city in accordance with this section.

Section § 43733

Explanation

For a city to issue bonds to fund or refinance its debt, the city's voters must approve it in a special election. This is required in two cases: first, if the city incurred debt beyond its annual income, resulting in warrants or judgments; second, if a department within the city incurred debt without asking voters or getting two-thirds voter approval.

Bonds to fund or refund the indebtedness shall not be issued unless authorized by the electors of the city voting at an election to be called and held for that purpose, in either of the following cases:
(a)CA Government Code § 43733(a) When the indebtedness is evidenced by warrants or by judgment obtained for indebtedness or liability incurred by the city exceeding the income and revenue provided for the year in which the indebtedness or liability was incurred.
(b)CA Government Code § 43733(b) When the indebtedness is that of any department, board, or special fund of the city, and has been incurred without submission of the proposition of incurring the indebtedness to the city electors, and without the assent of two-thirds of the electors voting at an election held for that purpose.

Section § 43734

Explanation

Any election that needs to happen under this section must follow the rules set out in Article 1 of this chapter.

The election shall be called and held pursuant to Article 1 of this chapter.

Section § 43735

Explanation

This law requires that when a city or local government is planning to hold an election to approve new bonds (which is a way to borrow money), the official announcement of this election must clearly state the reason and purpose for these new bonds.

The ordinance calling the election shall recite the object and purposes for which the bonded indebtedness is to be incurred.

Section § 43736

Explanation

If a city wants to refinance its debt using new bonds that will take over forty years to pay off, they must ask the city's voters for approval. Two-thirds of the voters must agree in a special election for the city to issue these new bonds. The election will follow the same rules as other local elections.

When it is proposed to refund any outstanding bonded indebtedness of a city upon terms which permit any number of the refunding bonds to mature more than forty years from the time the original indebtedness was incurred, the proposition of refunding the indebtedness shall be submitted to the electors of the city at an election held for that purpose, and the assent of two-thirds of the electors voting at such election is necessary to authorize the issuance of the refunding bonds. The election shall be called and held in the manner of other elections under this article.

Section § 43737

Explanation

This law states that when bonds are sold, the money made should be used by the treasurer to pay off a judgment or to refinance the debt the bonds were meant to address. Alternatively, the bonds can be directly swapped at their face value for the existing debts they are meant to refinance.

The proceeds from the sale of the bonds shall be applied by the treasurer to the satisfaction of the judgment or the refunding of the indebtedness for which the bonds were issued, or the bonds may be exchanged at their par value for the evidences of indebtedness to be refunded, at their par value.

Section § 43738

Explanation

This law explains that if new bonds are issued to pay off existing debt before it's due, and the original debt has a clause allowing early payment at a cost above its par value, then the new bonds should be exchanged for at least their full value. Any difference in interest that's accumulated up to the exchange date should also be accounted for in this transaction.

If the refunding bonds are issued in whole or in part to refund before maturity an indebtedness evidenced by bonds, notes, or other evidences of indebtedness, which according to their terms are subject to call or payment before maturity at a price in excess of par, the refunding bonds may be exchanged at not less than their par value for such other bonds, notes, or evidences at the price specified therein for payment before maturity, subject to adjustment of accrued interest to the date of exchange.

Section § 43740

Explanation

If a city has enough money to pay back certain overdue or callable debts, like bonds or notes, the city treasurer must announce this in a local newspaper for two weeks. This notice will include details about the debt. If the debt isn't claimed for payment within 30 days of the first notice, it stops earning interest.

When sufficient money is in the funding fund to redeem one or more outstanding past due bonds, warrants, judgments, notes, or other evidences of indebtedness or to redeem one or more of the outstanding bonds, warrants, notes, or other evidences of indebtedness which are subject to call or payment before maturity, and which are proposed to be funded or refunded, the treasurer shall publish a notice that he is prepared to pay the bond, warrant, judgment, note, or other evidence of indebtedness (giving its number, if any). The notice shall be published once a week for two weeks in a newspaper of general circulation published in the city, if there is one. If the bond, warrant, judgment, note, or other evidence of indebtedness is not presented for redemption within thirty days after the first publication of the notice, the interest upon it ceases.

Section § 43741

Explanation

The law section outlines that the treasurer must mail a notice to the registered owner of any bond or similar debt if their address is available in the treasurer's records. This notification is about the need to present the bond or debt within a specified time. If it's not presented within that time, the interest stops accruing, and the amount owed is set aside for payment once presented.

At the same time the treasurer shall deposit in the post office a copy of the notice, enclosed in a sealed envelope, postage prepaid, addressed to the registered owner of any such bond, warrant, judgment, note or other evidence of indebtedness, registered pursuant to law, whose address appears upon the record in the treasurer’s office. If the bond, warrant, judgment, note, or other evidence of indebtedness is not presented within the time specified in the notice, the interest upon it ceases, and the amount due shall be set aside for the payment when it is presented.

Section § 43742

Explanation

This law states that if bonds are approved to pay off or refinance other debts before they are due, and those debts include specific instructions on how they should be paid early, these instructions must be followed exactly.

If any bonds are authorized for funding or refunding before maturity any obligations which by their terms are subject to call and payment before maturity, and which specify the manner in which they shall be called and paid, the call and payment of such obligations shall be in the specified manner.

Section § 43743

Explanation

When debts like bonds or warrants are paid off, the treasurer must mark them as 'canceled' with the payment amount and date on the front.

When any outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness are surrendered and paid, the treasurer shall cancel them by endorsing on their faces the amount for which they are received, “canceled,” and the date of cancellation.

Section § 43744

Explanation

This law section requires the treasurer to keep track of and document any financial obligations, like bonds and notes, that have been paid off. They must also report these payments to the city's governing body.

The treasurer shall keep a record of bonds, warrants, judgments, notes, or other evidences of indebtedness redeemed, and report the redemptions to the city legislative body.

Section § 43745

Explanation

If any financial obligations originate from or relate to a city department, board, or special fund, reports on these obligations should be made to the department, board, or officer responsible for managing that specific fund.

If the obligations were issued by, on account of, or against, any department, board, or special fund of the city, he shall make the report to such department, board, or officer having custody of the special fund.

Section § 43746

Explanation

This law requires that a report be created at least monthly. The report must include canceled financial documents like bonds, warrants, judgments, or any other proof of debt that have been settled and canceled.

The report shall be made at least once a month, and shall be accompanied by the bonds, warrants, judgments, or other evidences of indebtedness which have been taken up and canceled.

Section § 43747

Explanation

Once all debts, like bonds and loans, that were meant to be repaid are settled and canceled, any leftover money should be put into a special fund. This fund is only to be used to pay off the new bonds' principal and interest as they become due.

Any money remaining in the funding fund, after all outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness proposed to be refunded have been taken up and canceled, shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for paying such principal or interest as they mature.