Section § 4780

Explanation

Once an engineers' report is approved and adopted, the district board can ask voters if they should take on debt by issuing bonds. This is to get money to buy property and do the work mentioned in the report. A special election will be held for this decision, and it starts with a formal resolution.

After the approval and adoption of an engineers’ report the district board shall submit to the voters of the district the proposition of incurring a bonded indebtedness to obtain funds with which to acquire the property and do the work set forth in the report. For that purpose a special election shall be called by resolution.

Section § 4781

Explanation

This law outlines what must be included in a resolution when proposing to take on debt through bonds. It requires specifying the purpose of the debt, referencing detailed reports, stating the bond amount, and the duration for repayment. Additionally, it must mention the interest rate or maximum allowed interest, the election date, and details about the election itself, such as precincts and polling places.

The resolution shall state all of the following:
(a)CA Health & Safety Code § 4781(a)  The general objects and purposes for which it is proposed to incur an indebtedness.
(b)CA Health & Safety Code § 4781(b)  A reference to the report filed with the district board for particulars.
(c)CA Health & Safety Code § 4781(c)  The amount of the bonds proposed to be issued.
(d)CA Health & Safety Code § 4781(d)  The number of years not to exceed which the whole of the bonds are to run.
(e)CA Health & Safety Code § 4781(e)  The rate of interest or a maximum rate of interest to be paid, which rate shall not be more than the rate specified in this chapter, payable at the time specified in this chapter.
(f)CA Health & Safety Code § 4781(f)  The date of the election.
(g)CA Health & Safety Code § 4781(g)  The election precincts, polling places, and election officers.

Section § 4782

Explanation

This law allows a district board to combine several voting precincts, which are set up for general elections, into a single precinct specifically for a bond election. They can do this by referencing the general election precincts when describing the new precinct.

For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and describe the precinct by reference to the general election precincts.

Section § 4783

Explanation
Each voting precinct must have an election board made up of three officials: an inspector, a judge, and a clerk, all appointed by the district board.
An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct.

Section § 4784

Explanation

If you want to vote in a bond election for a district, you must be registered as a voter in that district.

Only voters registered in the district are eligible to vote at the bond election.

Section § 4785

Explanation

This law says that when there's a resolution to hold an election, it must be published in a district's widely-read newspaper once a week for three weeks. No other form of announcement is needed.

The resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and designated by the district board. No other notice of the election need be given.

Section § 4786

Explanation

If at least two-thirds of the voters approve, the district can issue and sell bonds for the amount specified in the election resolution.

If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold.

Section § 4787

Explanation

Once bonds are issued, their legality can only be challenged in court for two reasons: if the rules allowing for their issuance are unconstitutional; or if there was a legal issue with how the district was formed, such as an improperly held hearing or lack of proper notification.

The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing their issuance are unconstitutional, or that the required hearing regarding the formation of the district was not legally held or proper notice of it was not given.

Section § 4788

Explanation

This section explains how a district board is responsible for deciding the format of bonds and their associated interest coupons. The bonds need to specify when and where payments are due. They also need to indicate that interest will continue on any unpaid amounts until the debt is fully settled. Lastly, the duration for these bonds cannot be more than forty years.

The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be fixed by the board, and designated in the bonds, together with interest on all sums unpaid on that date until the whole of the indebtedness has been paid. The term of bonds issued shall not exceed forty years.

Section § 4789

Explanation

This section of the law is about issuing bonds by a district board. The board decides the bond values, and the bonds will be paid back on set dates and locations indicated in them. The interest on these bonds cannot be more than 8% per year and is paid twice a year after the first year.

The bonds shall be issued in such denomination or denominations as the district board may determine. They shall be payable on the day and at the place fixed in the bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of 8 percent per annum, and shall, after the first year, be payable semiannually.

Section § 4790

Explanation

This law section outlines the process for signing bonds within a district. The chairman of the district board must sign them, and the county treasurer must countersign them. The district board's seal is also required. The interest coupons on the bonds need to be consecutively numbered and signed by the county treasurer. Signatures and countersignatures can be mechanically reproduced, but at least one must be signed manually. The law allows for the use of facsimile signatures as per specific government code provisions.

The bonds shall be signed by the chairman of the district board, and countersigned by the county treasurer, and the seal of the district board shall be affixed. The interest coupons of the bonds shall be numbered consecutively and signed by the county treasurer. All such signatures and countersignatures may be printed, lithographed, engraved, or otherwide mechanically reproduced except that one of said signatures or countersignatures to said bonds shall be manually affixed. Any such signature may be affixed in accordance with the provisions of the Uniform Facsimile Signatures of Public Officials Act, Chapter 6 (commencing with Section 5500) of Title 1 of the Government Code.

Section § 4791

Explanation

This law states that if an officer's signature is on a bond and they leave their position before the bond is delivered to the buyer, the signature is still valid as if the officer had stayed in their role until the bond was delivered.

If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature shall be as valid as if he had remained in office until the delivery of the bonds.

Section § 4792

Explanation

This law section says that a board can sell bonds of the district, but they can't be sold for less than their face value. When the bonds are sold, the money goes to the county's treasury.

Any extra money or interest earned from the sale goes into a specific fund designed to pay back the bond's principal and interest. The rest of the sale proceeds are put into a construction fund for district projects. All these financial transactions must be properly recorded in the treasurer's books.

The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county.
All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal and interest on the bonds and the remainder of the proceeds of the sale shall be paid into the construction fund of the district, and proper records of the transactions shall be placed upon the books of the treasurer.

Section § 4792.1

Explanation

This section allows a board of supervisors, acting as the district board, to authorize the county treasurer to issue short-term notes, which are essentially IOUs, before selling district bonds. These notes have to be paid back within a year or can be renewed once if the bonds aren’t sold in time. The money from these notes must be used for the same purpose as the anticipated bond sale. Any note issued must be repaid with the money made from selling those bonds. Also, the total value of these issued notes can't be more than the district's unsold bonds, and interest on these notes is also paid from the bond sale proceeds.

When the board of supervisors is the district board of a district and such board deems it in the best interests of the district, it may authorize the county treasurer, upon such terms and conditions as may be fixed by such board, to issue notes, on a competitive-bid basis, maturing within a period not to exceed one year, in anticipation of the sale of district bonds duly authorized at the time such notes are issued. The proceeds from the sale of such notes shall be used only for the purposes for which may be used the proceeds of the sale of bonds in anticipation whereof the notes were issued.
All notes issued and any renewal thereof shall be payable at a fixed time, solely from the proceeds of the sale of the bonds and not otherwise, except that in the event that the sale of the bonds shall not have occurred prior to the maturity of the notes issued in anticipation of the sale, the county treasurer shall, in order to meet the notes then maturing, issue renewal notes for such purpose. No renewal of a note shall be issued after the sale of bonds in anticipation of which the original note was issued. There shall be only one renewal of such note or notes.
Every note and any renewal thereof shall be payable from the proceeds of the sale of bonds and not otherwise. The total amount of such notes or renewals thereof issued and outstanding shall at no time exceed the total amount of the unsold bonds.
Interest on the notes shall be payable from proceeds of the sale of bonds.

Section § 4793

Explanation

This law section states that the construction fund can only be used for the specific projects and goals outlined when voters approved the bond election. Any payments from this fund must be approved and processed by the district board in the same way the county handles its financial demands.

The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election.
Payments from the construction fund shall be made upon demands allowed by the district board, and prepared, presented, and audited in the same manner as demands upon the funds of the county.

Section § 4793.1

Explanation

If a bond election results in leftover funds after the projects are completed, these funds can be used to pay off the bond's principal and interest. Alternatively, with a two-thirds vote by the district board and approval by two-thirds of the district's voters, these funds can be redirected to other sanitation projects benefiting the district. However, they cannot be used for new minor sewer lines, only for main sewer systems. Any repurposing of funds must be approved in a special election, following the rules for bond elections in the district.

When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund may be transferred to the fund to be used for the payment of principal and interest on the bonds. The district board by a vote of two-thirds of the members thereof may use said remaining moneys for some other county sanitation district purpose which will benefit the property in the district or improvement district, as the case may be; provided, however, that with respect to improvement districts such general objectives and purposes shall not include the acquisition or construction of new local street sewers or laterals as distinguished from main trunks, interceptors, and outfall sewers. Said moneys may not be used for said other county sanitation district purposes until two-thirds of the qualified electors of said district or improvement district thereof, as the case may be, have consented thereto at a special election called in said district or improvement district by the district board. Notice of said election shall be given and said election shall be held and conducted in the manner provided for bond elections in said county sanitation district or improvement district, as the case may be.

Section § 4794

Explanation

If a vote to issue bonds fails because it doesn't get enough support, the district board has to wait six months before trying again. After that time, they can organize another election to propose the same idea or something else for the district.

If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of six months after that election, call or order another bond election, either for the same objects and purposes, or for any other object or purpose of the district.

Section § 4795

Explanation

This law says that if a district board decides, by a majority vote, that issuing more bonds is necessary for the district, they can prepare a new report and present it to the voters for approval. The process for handling these additional bonds is the same as for the initial bond issue, including how the bonds are sold and how the money is spent.

If the district board by resolution passed by a vote of a majority of all its members determines that the public interest or necessity of the district demands the issuance of additional bonds for carrying out any of the objects of the district, the district board may again have a report made, and submit to the voters the question of issuing additional bonds in the same manner as for a first issue. All the provisions of this chapter for the issuance and sale of bonds, and for the expenditure of the proceeds apply to the issuance of additional bonds.

Section § 4796

Explanation

This section states that bonds and their interest will be paid through an annual property tax on all real estate within the district. The real estate in the district will continue to be subject to these taxes until the bonds are paid off. Additionally, the bonds and their interest will not be taxed in this state.

Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the district shall be and remain liable to be taxed for such payments. Said bonds and the interest thereon shall not be taxable in this State.

Section § 4797

Explanation

This law section explains how a legislative body can determine the total amount of bonds to issue for a project. It specifies that they can include all related costs such as the acquisition, construction, and improvement expenses, as well as financing costs. Additionally, it covers fees for engineering, inspections, legal services, and fiscal agents, as well as costs for bond elections and issuing the bonds themselves. The bond amount can also account for reserve funds, working capital, and interest expected to build up during construction and up to 12 months after the project is complete.

In determining the amount of bonds to be issued, the legislative body may include:
(a)CA Health & Safety Code § 4797(a)  All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project.
(b)CA Health & Safety Code § 4797(b)  All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of said bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.

Section § 4799

Explanation

This law states that any bonds that were approved by voters before this code took effect are still valid and can be issued and sold without any impact from the new code.

Nothing in this chapter shall affect the validity of, or the right to issue and sell, bonds voted prior to the date when this code goes into effect.

Section § 4801

Explanation

This section defines an 'issue of bonds' as the total amount of bonds that voters in a district have approved, but the debt isn't considered official until the bonds are actually sold and delivered.

The district's board of directors can decide to split the total bond issue into different groups, called divisions or series, with each having different payout schedules. This allows for flexible repayment plans specific to each group of bonds.

(1)CA Health & Safety Code § 4801(1)  An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal submitted to and approved by the electors of the district, but no indebtedness will be deemed to have been contracted until bonds shall have been sold and delivered and then only to the extent of the principal amount of bonds so sold and delivered.
(2)CA Health & Safety Code § 4801(2)  The board of directors of any district issuing any bonds heretofore or hereafter authorized may, in its discretion, divide the aggregate principal amount of such issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. In the event any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at such time or times as may be fixed by the legislative body of the district separate and distinct from the time or times the payment of bonds of any other division or series of the same issue.

Section § 4802

Explanation

This law section allows bonds to have a payment date that comes after the due date for collecting the second installment of district taxes. When this happens, the first interest payments (or coupons) will cover interest from the bond issue date to when the interest is due.

Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first levy of taxes for the payment of the principal and interest of said bonds is to be collected. In such event, the first interest coupons shall be for interest from the date of said bonds of such issue or series or division to the maturity date of said coupons.

Section § 4803

Explanation

This law states that if there is a need to determine whether bonds are valid or not, a legal action can be initiated under specific procedures outlined in another part of the legal code.

An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.