Construction And Leases Of Facilities - - CA Public Resources

Section § 32200

This section explains that an authority can make agreements with parties to construct urban waterfront restoration projects. The participating party will handle the design and construction but must follow set standards and be supervised as needed. The authority might pay for these projects in installments or as needed, according to the contract.

The completed projects legally belong to the authority, though participating parties might have lease rights or purchase agreements that allow for installment payments.

The authority may contract with any participating party for the construction of an urban waterfront restoration project by the participating party. All contracts for the construction of a project by a participating party shall provide that the participating party is responsible for the architectural and engineering design and for the construction and completion thereof, subject to the standards for architectural and engineering design as may be established, and subject to the supervision, as the conservancy and the authority deem necessary.

The authority may agree to pay the cost of the project constructed by any participating party and to advance the costs from time to time in installments or otherwise as required by the contract for the construction thereof. Title to all projects shall be vested in the authority, subject to the terms of any lease thereof to the participating party or the rights of a participating party under any contract for the purchase of the project, including the payment of the purchase price under installment sales contracts.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32201

This section allows an authority to lease properties and facilities with parties for projects like urban waterfront restoration. They can determine mutually agreed terms, including how the title transfers at the lease's end. The authority can set and collect fees and rates to ensure enough funds for paying off bonds or loans and maintaining reserves. These funds also cover the authority's and conservancy's operating costs. They can create accounts to manage income dedicated to paying off bonds, with options to have combined or separate funds for different projects.

The authority may, as lessor or lessee, enter into leases and agreements with any participating party relating to the acquisition, construction, and installation of any project, including real property, buildings, machinery, furnishings, equipment, and urban waterfront restoration facilities of any kind or character. The terms and conditions of these leases may be as mutually agreed upon. The lease may provide the means or methods by which title shall vest in a participating party upon the termination of the lease and shall contain other terms and conditions that the authority may determine.

The authority may fix, revise, charge, and collect rates, rents, fees, and charges for each project. These rates, rents, fees, and charges shall be fixed and adjusted with respect to the aggregate of rates, rents, fees, and charges from all projects so as to provide funds sufficient with other revenues and moneys available therefor, if any, to do all of the following:

(a) Pay the principal of, and the interest on, outstanding bonds, notes, or other evidences of indebtedness of the authority issued with respect to the urban waterfront restoration project that become due and payable.

(b) Create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, the bonds. A sufficient amount of the revenues derived from a project may be set aside at regular intervals as may be provided in the resolution or trust agreement in a sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of and interest on these bonds as they become due, and the redemption price or the purchase price of bonds retired by call or purchase as provided therein. The pledge shall be valid and binding from the time the pledge is made; the rates, rents, fees, and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, regardless of whether the parties have notice thereof. The resolution or any trust agreement or any other agreement or any lease by which a pledge is created need not be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of the sinking or other similar fund shall be subject to the resolution authorizing the issuance of the bonds or of the trust agreement. Except as may otherwise be provided in the resolution or the trust agreement, the sinking or other similar fund may be a fund for all bonds of the authority issued to finance projects of a particular participating party without distinction or priority of one over another. However, the authority, in any resolution or trust agreement, may provide that the sinking or other similar fund shall be the fund for a particular project or projects and for the bonds issued to finance a particular project or projects and may, additionally, permit and provide for the issuance of bonds having a subordinate lien with respect to the security authorized for other bonds of the authority, and, in such case, the authority may create separate sinking or other similar funds with respect to the subordinate lien bonds.

(c) Pay the operating and administrative costs of the authority, and the operating and administrative expenses of the conservancy in carrying out its responsibilities under this division.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32202

This law allows the authority to make contracts for selling urban waterfront restoration projects to participating parties. The contract price must cover expenses listed in another section, Section 32201, and it can be paid in installments with interest, or through other payment methods agreed in the contract.

The payments the authority receives from these sales should be handled in the same way as lease or rental payments from projects.

The authority may enter into contracts of sale with any participating party covering any urban waterfront restoration project financed by the authority. The purchase price pursuant to the contract of sale shall be treated in substantially the same manner and shall be at least sufficient to provide funds for all the purposes specified in Section 32201 and may be paid in installments, together with interest on the unpaid balance, or otherwise, as may be mutually agreed and set forth in the contract of sale.

All payments received by the authority under any installment sales or conditional sales contract shall be applied by the authority substantially in the same manner as in Section 32201 in the case of lease payments or rental charges received by the authority.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32203

This law allows an authority to offer financing options, like loans, instead of leasing or selling for urban waterfront restoration projects. The loan can cover various specified costs and can be paid back in installments with interest, as agreed upon between the parties. The authority can choose whether to secure the loan or not. Additionally, the rules in Section 32200 don't apply to projects funded with these loans.

As an alternative to leasing or selling an urban waterfront restoration project to a participating party, the authority may finance the acquisition, construction, or installation of a project by means of a loan to the participating party.

The principal amount of the participating party’s obligation, as borrower, shall be sufficient to provide funds for all the purposes specified in subdivisions (a), (b), and (c) of Section 32201 and may be paid in installments, together with interest on the unpaid balance, or otherwise as may be mutually agreed by the authority and the participating party and set forth in the loan agreement. Loans made pursuant to this section may be secured or unsecured, in the discretion of the authority.

Section 32200 is not applicable to projects constructed with money loaned pursuant to this section.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32204

This section explains that any money received under this division, whether from selling bonds or other financial instruments, or as revenue, must be held in trust. This means those funds can only be used as specified in this division of the law.

Additionally, any bank or trust company holding these funds acts as a trustee. It must manage the money according to the purposes outlined by this division, following the instructions from the related bond resolution or trust agreements.

All moneys received pursuant to this division, whether as proceeds from the sale of bonds, notes, or other evidence of indebtedness or as revenues, are trust funds to be held and applied solely as provided in this division.

Any bank or trust company with which the moneys are deposited shall act as trustee of these moneys and shall hold and apply them for the purposes of this division, subject to the resolution authorizing the bonds of any issue or the trust agreements securing the bonds provide.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32205

If you own bonds or notes from certain obligations, you have the right to protect your interests by taking legal action. This includes making sure those who issued the bonds follow the rules, such as setting and collecting fees and charges. However, these rights could be limited if the resolution for issuing the bonds or the trust agreement says so.

Any holder of bonds, notes, or other obligations issued under this division or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given which may be restricted by any resolution authorizing the issuance of, or the trust agreement securing, the bonds, notes, or other obligations, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under the resolution or trust agreements, and may enforce and compel the performance of all duties required by this division or by the resolution or trust agreement to be performed by the authority or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of the rates, rents, fees, and charges authorized by this division and required by the resolution or trust agreement to be fixed, established, and collected.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32206

This law states that any financial instruments, like bonds or notes, issued under this division are meant to benefit the people of California, improving health, welfare, and environmental protection.

These financial instruments and their earnings are generally exempt from state and local taxes. However, this tax exemption does not apply if these instruments are held by certain parties that are normally subject to taxes, particularly those affiliated with or controlling the participating parties involved in the issuance.

The exercise of the powers granted by this division shall be in all respects for the benefit of the people of this state, for their health and welfare, and protection of the state’s environment.

Any bonds, notes, or other obligations issued under this division, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by municipalities and other political subdivisions of the state. However, the preceding sentence shall not apply with respect to any bonds, notes, or other obligations, or the income therefrom, for any period during which the bonds, notes, or other obligations are held by (1) Any normally taxable participating party, (2) persons, organizations, trades, or business, whether incorporated, organized in this state, or affiliated with a participating party, owned or controlled, directly or indirectly, by the participating party, or (3) persons, organizations, trades, or businesses, whether incorporated, organized in this state, or affiliated with the participating party, which own or control, directly or indirectly, the participating party.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32207

This law states that if the authority's power to approve an action isn't compromised, any mistakes or oversights by officials during the process don't invalidate the steps taken to issue bonds. Essentially, minor errors won't derail the bond issuance process.

If the jurisdiction of the authority to order a proposed act is not affected, an omission of any officer or of the authority in the proceedings under this division or any other defect in the proceedings does not invalidate the proceedings for issuance of bonds pursuant to this division.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)

Section § 32208

This law allows for a legal action to be taken to confirm whether bonds issued or planned under this division and all related processes, like their authorization, sale, and delivery, are legal and valid.

An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of bonds under this division and the legality and validity of all proceedings previously taken or proposed in a resolution of the authority to be taken for the authorization, issuance, sale, and delivery of the bonds and for the payment of the principal thereof and interest thereon.

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(Added by Stats. 1983, Ch. 1264, Sec. 1.)