County Sanitation DistrictsBonds
Section § 4780
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.
Section § 4781
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.
Section § 4782
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.
Section § 4783
Section § 4784
If you want to vote in a bond election for a district, you must be registered as a voter in that district.
Section § 4785
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.
Section § 4786
If at least two-thirds of the voters approve, the district can issue and sell bonds for the amount specified in the election resolution.
Section § 4787
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.
Section § 4788
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.
Section § 4789
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.
Section § 4790
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.
Section § 4791
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.
Section § 4792
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.
Section § 4792.1
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.
Section § 4793
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.
Section § 4793.1
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.
Section § 4794
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.
Section § 4795
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.
Section § 4796
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.
Section § 4797
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.
Section § 4799
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.
Section § 4801
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.
Section § 4802
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.
Section § 4803
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.