Section § 4985

Explanation

This law section explains what costs can be covered when bonds are issued to fund construction projects. It includes the costs of properties, rights and permissions needed for the project, as well as various professional fees like engineering, legal, and financial services. Additionally, costs from the bond process, interest during and shortly after the project, and other related expenses can also be included.

The cost of the acquisition or construction of the works for which bonds may be issued includes all of the following:
(a)CA Health & Safety Code § 4985(a)  The cost of all property, rights, easements, and franchises deemed necessary or convenient therefor.
(b)CA Health & Safety Code § 4985(b)  Engineering, clerical, legal, financial, paying and fiscal agent’s fees and expenses, cost of bond proceedings, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve (12) months after completion of construction.
(c)CA Health & Safety Code § 4985(c)  All other expenses connected with or incident to the works in the operation and performance of the acts required by this chapter to be done.

Section § 4986

Explanation

This law specifies that bonds issued for sewer projects are called 'sewer revenue bonds' and are a type of bond known as 'serials.' These bonds need to be fully paid off within 40 years from the date they are issued.

Bonds issued and sold under this chapter shall be revenue bonds of the character and form known as “serials.” Each bond shall be entitled “sewer revenue bond,” and shall be paid and discharged within forty years from its date.

Section § 4987

Explanation

This law states that bonds other than the last installment, or one bond from each yearly installment, must be issued in amounts that are multiples of one hundred dollars. Additionally, no bond can be worth more than one thousand dollars.

Each bond, except those of the last installment, or one of each annual installment, shall be in multiples of one hundred dollars, in such amount as the governing body determines, but no bond shall be of greater denomination than one thousand dollars.

Section § 4988

Explanation

This law says that bonds will have an interest rate decided by the governing body, but it can't be more than 8% per year. The interest payments, which are made twice a year, begin after the first principal is due.

The bonds shall bear interest, as the governing body shall determine, at a rate not to exceed 8 percent per annum, and shall, after the first principal maturity, be payable semiannually by coupon.

Section § 4989

Explanation

This law section explains how a governing body should handle the repayment of bonds. They need to decide what the bonds look like and set a schedule for paying off the debt starting within a year. Payments, including interest, must continue until the debt is fully repaid. Also, they can choose to delay the first payment up to five years from when the bonds are issued.

The governing body shall prescribe the form of the bonds, and provide that of the indebtedness represented thereby a part shall be payable each year after their date, at a time and place to be designated in the bonds, together with interest, until the whole of the indebtedness has been paid.
The maturity date of the first bond or series of bonds may be deferred for a period not exceeding five years from the date of the bonds.

Section § 4990

Explanation

This section explains that the government body in charge of bonds can choose how many bonds to pay off each year. They are allowed to adjust the payment plan to make it as fair as possible. However, the law requires that all bonds must be fully paid off within forty years of when they were issued.

The number of bonds to be paid each year need not be the same, and the governing body may fix maturities so that the number of bonds retired each year will, in the discretion of the governing body, be most equitable and just; however, all bonds shall be completely paid within forty years from date of issue.

Section § 4991

Explanation

In a city district, any issued bonds must be signed by the mayor, or if there's no mayor, by the president or chairman of the government body, and also countersigned by the clerk. The district's seal needs to be on the bond, while the treasurer's signature, done via engraving or lithography, is required on the coupons. If any official who signs the bonds leaves their position before the bonds are delivered, their signature still remains valid.

If the district is a city, the bonds shall be signed by the mayor if there is one; otherwise by the president or chairman of the governing body, and countersigned by the clerk. The seal of the district shall be affixed to the bond. The coupons shall be signed by the treasurer by his engraved or lithographed signature.
If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, his signature or countersignature is nevertheless as valid and sufficient for all purposes as if he had remained in office.

Section § 4992

Explanation

This law section outlines various provisions that can be included when authorizing the issuance of bonds for revenue projects. It allows for bonds to be called back under certain conditions, details where and how they are paid, outlines how bond revenues are pledged and their parity with other bonds, and sets financial ratios for annual revenues relative to bond and interest payments. It also discusses the establishment of reserve and surplus funds, the district's responsibilities, remedies available to bondholders, procedures for amending bond agreements, dealing with defaults, and standard covenants for ensuring bond payments are secure.

In the ordinance authorizing the issuance of the bonds, provision may be made, but are not limited to provisions:
(a)CA Health & Safety Code § 4992(a)  That all or part of the bonds are callable, the manner of the call and the premiums to be paid thereon;
(b)CA Health & Safety Code § 4992(b)  That all or part of the bonds are payable at the office of a paying or fiscal agent, within or without the State, and for the payment of fees therefor;
(c)CA Health & Safety Code § 4992(c)  For the pledge of revenues, its nature, and its parity with other sewer revenue bonds issued or to be issued;
(d)CA Health & Safety Code § 4992(d)  For the percentage that annual net revenues shall bear to bond and interest payments;
(e)CA Health & Safety Code § 4992(e)  For reserve, surplus and other funds usual in the issuance of revenue bonds;
(f)CA Health & Safety Code § 4992(f)  For the duties and obligations of the district;
(g)CA Health & Safety Code § 4992(g)  For the remedies of bondholders, which may be in addition to those provided herein;
(h)CA Health & Safety Code § 4992(h)  For the manner of amending or abrogating the bond ordinance or refunding any or all bonds thereunder;
(i)CA Health & Safety Code § 4992(i)  For occurrences in the event of default and the rights and remedies arising therefrom; and
(j)CA Health & Safety Code § 4992(j)  For usual and customary covenants for the security and protection of the payment of the bonds.

Section § 4993

Explanation

If the money from selling bonds isn't enough to cover the project costs, more bonds can be made and sold to cover the shortfall. However, these extra bonds cannot exceed what's needed to finish the project. These new bonds are treated just like the first ones and must be paid back in the same way, without any special treatment.

If the proceeds of the bonds for any reason are less than the cost of the works, additional bonds may in like manner be issued and sold to provide for the amount of the deficit, but not to exceed the amount necessary to complete the works according to the original plans and specifications. Such deficiency bonds shall be deemed to be the same in all respects as the original issue, and shall be entitled to payment, without preference or priority over the bonds first issued, and shall be disposed of in like manner.

Section § 4994

Explanation

This section states that minor mistakes or omissions made by district officers during proceedings do not invalidate those proceedings or any bonds, as long as those mistakes don't affect the governing body's authority to carry out the proposed actions. If someone is affected or upset by these issues, their only option is to appeal or address it with that governing body as outlined in this chapter.

No error, defect, irregularity, informality, and no neglect or omission of any officer of any district in any proceedings under this chapter, that does not affect the jurisdiction of the governing body to order the doing of the acts proposed to be done, avoids or invalidates the proceedings or any bond. The exclusive remedy of any person affected or aggrieved thereby shall be to the governing body as provided in this chapter.

Section § 4995

Explanation

This law section allows bonds to be due after the second installment of district taxes is collected. When this happens, the interest coupons begin from when the bonds are issued until they mature.

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 § 4996

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.

Section § 4997

Explanation

This section explains what costs can be included when a legislative body decides how much money to raise by issuing bonds for a project. They can cover all aspects related to acquiring, building, improving, or financing the project, like construction and legal fees. Additionally, costs can include expenses related to a bond election, bond reserve funds, and estimated interest during and shortly after construction.

In determining the amount of bonds to be issued, the legislative body may include:
(a)CA Health & Safety Code § 4997(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 § 4997(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.