This law allows a district to issue bonds, which are essentially loans it needs to pay back, using the income generated from a facility or project that the district is planning to acquire or build. The process for issuing these bonds follows the guidelines set out in the Revenue Bond Law of 1941.
The district may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), and all of the provisions of that law are applicable to the district.
district bonds revenue bonds facility funding enterprise construction bond issuance Revenue Bond Law of 1941 project financing public financing loan repayment construction funding district projects bond law provisions income-backed bonds government code
(Amended by Stats. 2005, Ch. 150, Sec. 40. Effective January 1, 2006.)
This section explains that the district is considered a local agency, as defined by the Revenue Bond Law of 1941. The term "enterprise" in this context includes the district's transit system and facilities, as well as any expansions or improvements.
The district is allowed to issue revenue bonds specifically for acquiring, constructing, or completing transit facilities or equipment. These bonds can be issued simultaneously or through any available procedures provided in the chapter.
The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). The term “enterprise,” as used in the Revenue Bond Law of 1941, for all purposes of this chapter, includes the transit system or any or all transit facilities and all additions, extensions, and improvements thereto authorized to be acquired, constructed, or completed by the district.
The district may issue revenue bonds under the Revenue Bond Law of 1941 for any one or more transit facilities authorized to be acquired, constructed, or completed by the district or for transit equipment described in Section 125702 authorized to be acquired by the district or, in the alternative, the district may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities or for transit equipment described in Section 125702 authorized to be acquired by the district.
Nothing in this chapter prohibits the district from availing itself of, or making use of, any procedure provided in this chapter for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the district may determine.
local agency Revenue Bond Law of 1941 transit system transit facilities transit equipment revenue bonds acquisition construction improvements extensions bond issuance procedures district authority financing public projects public transportation funding infrastructure development
(Amended by Stats. 2005, Ch. 150, Sec. 41. Effective January 1, 2006.)
This law allows the district to buy or lease transit equipment like buses and trains, just like private companies do. They can use special financial tools called equipment trust certificates to manage these purchases and leases. These certificates let them pay in installments, but the district doesn't officially own the equipment until all payments are made.
The district may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment, and may dispose of the equipment trust certificates upon the terms and conditions that the district may deem appropriate.
Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the district. Title to the equipment may not vest in the district until the equipment trust certificates are paid.
transit equipment purchase transit equipment lease equipment trust certificates installment payments title to equipment leasing agreements transit vehicles trolley buses motorbuses light rail vehicles rolling equipment private corporation leasing transit equipment financing deferred installments ownership transfer
(Amended by Stats. 2005, Ch. 150, Sec. 42. Effective January 1, 2006.)
This section allows transit equipment to be purchased or leased through a structured financial arrangement. It permits the vendor or lessor to sell or lease the equipment to a bank or a trust company, which then holds the equipment as a trustee for securing finance certificates. The trustee delivers the equipment to the district officials, who can simultaneously sign a purchase or lease agreement for the equipment.
The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit equipment to a bank or trust company duly authorized to transact business in the state as trustee for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the transit equipment to one or more designated officers of the district and may authorize the district to simultaneously therewith execute and deliver an installment purchase agreement or a lease of that equipment to the district.
transit equipment purchase lease transit equipment equipment trust certificates bank trustee trust company district officers installment purchase agreement lease agreement financial arrangement vendor assignment lessor assignment trustee delivery equipment finance secured financing transit district
(Amended by Stats. 2005, Ch. 150, Sec. 43. Effective January 1, 2006.)
This law section requires that agreements and leases must be properly acknowledged before someone who can legally confirm deeds. The details of these agreements and their required form must match the standards for deeds.
Additionally, any agreements, leases, and equipment trust certificates need to be approved by a board resolution. These documents will include specific terms to ensure the payment of the equipment trust certificates, which can be funded from any legal money sources listed in the certificates.
The agreements and leases shall be duly acknowledged before a person authorized by law to take acknowledgments of deeds and in the form required for acknowledgment of deeds.
The agreements, leases, and equipment trust certificates shall be authorized by resolution of the board and shall contain covenants, conditions, and provisions that may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from any legally available source or sources of funds as may be specified in the certificates.
acknowledgment of deeds equipment trust certificates board resolution covenants and conditions payment assurance legal sources of funds specified certificates duly acknowledged agreements authorized person for deeds lease legal requirements equipment financing contracts
(Added by Stats. 2003, Ch. 594, Sec. 8. Effective January 1, 2004.)
This law section says that any agreements, leases, or equipment trust certificates should not have terms that conflict with the trust agreements or documents that are securing a district's bonds, notes, or certificates. It's about making sure everything aligns correctly and there's no contradiction in financial commitments.
The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates may not conflict with any trust agreement or similar document securing the payment of bonds, notes, or certificates of the district.
covenants conditions provisions agreements leases equipment trust certificates trust agreement conflicting terms payment security bonds notes certificates district financial obligations financial alignment trust documents
(Amended by Stats. 2005, Ch. 150, Sec. 44. Effective January 1, 2006.)
This law section states that when an agreement or lease is finalized, a copy must be filed with the Secretary of State's office. There is a $1 fee for each filed copy. Filing these documents serves as a public notice to anyone who may later become a creditor or purchaser, informing them of the existing agreement or lease.
An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, for a fee of one dollar ($1) for each copy filed.
The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser.
agreement filing lease filing Secretary of State filing fee public notice judgment creditors subsequent purchaser copy filing document filing legal notice executed copy leasing agreements judgment protection creditor rights official filing
(Added by Stats. 2003, Ch. 594, Sec. 8. Effective January 1, 2004.)
This law states that three specific pieces of legislation related to public improvements can be applied to the district. These are the Improvement Act of 1911, the Improvement Bond Act of 1915, and the Municipal Improvement Act of 1913.
The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the district.
Improvement Act of 1911 Improvement Bond Act of 1915 Municipal Improvement Act of 1913 public improvements district applicability Streets and Highways Code infrastructure development municipal projects bond financing local improvements
(Amended by Stats. 2005, Ch. 150, Sec. 45. Effective January 1, 2006.)
This section indicates that the rules and regulations starting from Section 99000 in Part 11 of Division 10 also apply to the district covered by this statute.
Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the district.
district regulations Section 99000 applicability Division 10 rules Part 11 compliance district governance transportation district regional applicability public utilities local district law
(Amended by Stats. 2005, Ch. 150, Sec. 46. Effective January 1, 2006.)
This section states that the district is treated as a 'local agency' according to certain government regulations. As a result, it must follow specific rules outlined in another part of the law.
The district shall be considered a “local agency,” as defined in subdivision (h) of Section 53317 of the Government Code, and the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the district.
local agency district regulations Subdivision (h) Section 53317 Government Code Chapter 2.5 compliance Title 5 Division 2 district governance Section 53311 guidelines agency requirements California district laws local agency definition government code applicability district legal obligations public utilities
(Amended by Stats. 2005, Ch. 150, Sec. 47. Effective January 1, 2006.)
This section explains that the district is classified as a 'local agency' according to a specific part of the California Government Code. This means certain rules that apply to local agencies also apply to the district.
The district shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code, and Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code is applicable to the district.
local agency district classification Government Code Section 6585 application to district government regulations district responsibilities agency definition local agency rules subdivision (f) Chapter 5 Division 7 Title 1 regulations Article 4 district obligations municipal laws agency designation
(Amended by Stats. 2005, Ch. 150, Sec. 48. Effective January 1, 2006.)
This law section allows the district to borrow money by following specific rules outlined in certain parts of the Government Code. These rules are found in three different articles that provide guidelines on how public districts can obtain loans for their financial needs.
The district may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
district borrowing public district loans government code borrowing Article 7 borrowing financial regulations municipal debt cash flow management public sector financing loan procedures Section 53820 borrowing Section 53850 borrowing Section 53859 borrowing Government Code Article 7 public finance law municipal funding
(Amended by Stats. 2005, Ch. 150, Sec. 49. Effective January 1, 2006.)
This law permits a district to borrow money by issuing bond anticipation notes before actual bonds are sold. These notes can be renewed, but their total term can't be more than five years from the original issue date. They can be paid back with any district funds that aren't otherwise obligated, or with the money from selling the anticipated bonds. The notes can only be issued in an amount equal to or less than the authorized bond amount, minus any bonds or notes already sold or issued. The issuance and sale method for these notes is the same as for the bonds, and they can include any terms that would be in a bond resolution.
The district may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but that have not been sold and delivered, and may issue negotiable bond anticipation notes therefor, and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond application notes, including the renewals thereof, may not exceed five years from the date of delivery of the original bond anticipation notes.
The bond anticipation notes may be paid from any money of the district available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the district in anticipation of which they were issued. The bond anticipation notes may not be issued in any amount in excess of the aggregate amount of bonds that the district has not been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding.
The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the board of the district authorizing the issuance of bonds may contain.
bond anticipation notes district borrowing negotiable notes renewal limitation maximum maturity five-year term district funds bond sale proceeds note issuance limits note payment note resolution same sale manner note provisions authorization limits borrow money
(Amended by Stats. 2005, Ch. 150, Sec. 50. Effective January 1, 2006.)
This law allows the district to issue promissory notes, which are like IOUs, to raise money for its purposes. These notes must be paid back within five years and can have an interest rate up to 12% per year. The district can use any available revenue to pay back these notes.
The district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes may not be later than five years from the date thereof. Those notes shall bear interest at a rate not to exceed 12 percent per year. Those notes shall be payable from any source of revenue available to the district.
negotiable promissory notes district financing five-year maturity interest rate 12 percent per year revenue sources fundraising financial obligations debt instruments short-term financing district revenue public agency borrowing interest-bearing notes capital raising district purposes
(Amended by Stats. 2005, Ch. 150, Sec. 51. Effective January 1, 2006.)
This law allows a district to go to court to confirm the legality of its financial instruments like bonds, notes, or other debt obligations. To do this, the district follows specific procedures laid out in another part of the legal code.
The district may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
district debt validation bonds legality financial instruments court action debt obligation legality equipment trust certificates warrants validity notes validity indebtedness evidence legal confirmation process judicial validation district finance management Code of Civil Procedure Title 10 debt
(Amended by Stats. 2005, Ch. 150, Sec. 52. Effective January 1, 2006.)
This law states that any bonds or debts issued by the district are not subject to state taxes, but they are still subject to transfer, franchise, inheritance, and estate taxes.
All bonds and other evidences of indebtedness issued by the district under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance, and estate taxes.
bonds indebtedness tax exemption state taxes transfer taxes franchise taxes inheritance taxes estate taxes district-issued debt tax-free bonds taxation exemptions California tax laws public utility code tax-free interest government bonds
(Amended by Stats. 2005, Ch. 150, Sec. 53. Effective January 1, 2006.)
This law section establishes that when a district issues bonds or takes on debt, all terms and conditions are viewed as contracts with bondholders. These terms are legally enforceable, meaning bondholders can sue if the district doesn't comply. If the district dissolves or certain areas withdraw, those areas still owe their share of the debt. The district’s assets generating revenue, like properties or facilities, must always be used to pay off bonds, even if there's a change in who owns or runs them. Successors are responsible for managing these assets to ensure bonds are repaid.
Notwithstanding any other provisions of this division or of any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the district of any bonds, bonds with a pledge of revenues, bonds for any and all evidences of indebtedness or liability constitute a contract between the district and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the district or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction.
Nothing in this division or in any other law relieves the district or the territory included within it from any bonded or other debt or liability contracted by the district. Upon dissolution of the district or upon withdrawal of territory therefrom, that territory formerly included within the district, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the district had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities.
Except as may be otherwise provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the district shall be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as they are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding.
district bonds bondholders' rights debt enforcement successors' obligations district dissolution territorial withdrawal revenue-producing assets property lien mandamus enforcement contractual obligations public debt liability asset management responsibility revenue pledge bond repayment
(Amended by Stats. 2005, Ch. 150, Sec. 54. Effective January 1, 2006.)