This law allows a county to impose a sales tax on purchases both in cities and rural areas, but only if two-thirds of voters approve it in an election called by the county's board of supervisors. This election can happen in November 2002 or any later general election. If passed, the tax can last up to 30 years but might end sooner if certain conditions are met, as detailed in other sections.
(a)CA Public Utilities Code § 142250(a) A retail transactions and use tax ordinance, applicable in the incorporated and unincorporated territory of the county may be imposed by the authority in accordance with Section 142262 of this code and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if two-thirds of the electors voting on the measure vote to approve the imposition of the tax at an election which shall be called for that purpose by resolution of the
board of supervisors.
(b)CA Public Utilities Code § 142250(b) The election shall be held in the November 2002 or a subsequent general election.
(c)CA Public Utilities Code § 142250(c) The tax ordinance shall become operative as set forth in Section 142253.The tax ordinance shall specify the period, not to exceed 30 years, during which the tax is to be imposed. The tax may be terminated earlier if the conditions of Sections 142255, 142256, 142257, and 142260 have been met.
retail transactions tax use tax ordinance county-wide tax voter approval two-thirds majority general election board of supervisors November 2002 election tax duration early termination conditions sales tax incorporated territory unincorporated territory
(Amended by Stats. 2001, Ch. 474, Sec. 7. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This section explains that when an authority wants to impose a retail transactions and use tax, they need to clearly state what the tax is for, how much it will be, how the collected money will be used, and how long the tax will last. The tax can be imposed for up to 30 years.
The authority, in the retail transactions and use tax ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or rates or the maximum tax rate or rates, shall specify the purposes for which the revenue derived from the tax will be used, and may set a term, not to exceed 30 years, during which the tax may be imposed.
retail transactions tax use tax ordinance tax rate maximum tax rate tax revenue purposes tax duration 30-year term tax imposition revenue use tax ordinance requirements public authority tax tax limitations tax collection purpose tax term limit
(Amended by Stats. 2001, Ch. 474, Sec. 8. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This law section states that a county must hold an election to implement specific measures initiated by the board of supervisors, in line with Section 142250. The cost of conducting this election will be reimbursed to the county by an authority. The election should be organized and run according to the same legal procedures that a county uses for its general elections.
(a)CA Public Utilities Code § 142252(a) The county shall conduct an election called by the board of supervisors to implement this chapter pursuant to Section 142250, and the authority shall reimburse the county for the county’s costs in conducting the election.
(b)CA Public Utilities Code § 142252(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
county election board of supervisors election reimbursement Section 142250 legal election procedures county election costs implementing chapter measures authority reimbursement conduct of elections election organization county procedures supervisors' election election implementation election logistics local election policies
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law says that any tax ordinance for retail transactions and use adopted based on this chapter will take effect on the first day of the calendar quarter that starts more than 120 days after the ordinance is adopted.
Any retail transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 120 days after adoption of the ordinance.
retail transactions use tax ordinance operative date calendar quarter 120 days tax adoption implementation timing tax ordinance effects retail tax laws quarterly implementation ordinance schedule tax ordinances effective dates adoption period
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This section allows the revenues collected from specific retail taxes to be used by an authority for various transportation-related purposes. These include administering transportation projects, legal actions, planning, environmental reviews, designing, constructing, and repairing transportation infrastructure.
The revenues from the retail transactions and use taxes imposed pursuant to this chapter may be allocated by the authority for the administration of this division and for transportation improvement purposes, including administration of this division, legal actions related thereto, planning, environmental reviews, design, construction, and repair.
retail transactions taxes use taxes transportation improvement administration expenses legal actions environmental reviews planning design construction repair infrastructure transportation projects revenue allocation authority funding tax revenue usage
(Amended by Stats. 2001, Ch. 474, Sec. 9. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This law requires a transportation planning agency to create a plan detailing how to spend the money collected from a transportation tax, along with other federal, state, and local funds, for transportation improvements during the tax period.
A county transportation expenditure plan shall be prepared by the transportation planning agency for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed.
county transportation expenditure plan transportation planning agency tax revenue allocation transportation tax fund allocation transportation improvements tax period federal funds state funds local funds spending plan transportation projects revenue expenditure imposed tax transportation funding
(Repealed and added by Stats. 2001, Ch. 474, Sec. 11. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This section of the law explains the process required for adopting a county transportation expenditure plan. The plan needs the approval of both the county's board of supervisors and the city councils. Importantly, these councils must represent more than half of the cities in the county and a major part of the population in those cities. Additionally, the plan must be adopted before any election related to it can be called, as mentioned in the referenced section.
(a)CA Public Utilities Code § 142256(a) A county transportation expenditure plan shall not be adopted by the authority until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.
(b)CA Public Utilities Code § 142256(b) The plan shall be adopted prior to the call of the election provided for in Section
142250.
county transportation plan approval by board city council majority incorporated areas population majority election requirement plan adoption process city representation county expenditure transportation planning supervisors' approval city council approval county board supervision expenditure plan approval
(Repealed and added by Stats. 2001, Ch. 474, Sec. 13. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This law outlines how funds from a retail transactions and use tax will be divided among cities and the county for local transportation projects. It specifies that each city and the county will receive funds based on a set amount and formula, prioritizing projects identified by local governments. Importantly, the population considered is that of the unincorporated county area.
Before receiving funds, local governments must certify they won't replace existing transportation funding, specifically from property taxes or general funds, with these new funds. They also need to keep separate records of these new allocations and comply with reporting requirements set by the authority.
(a)CA Public Utilities Code § 142257(a) The expenditure plan shall specify the amount and the formula by which the retail transactions and use tax shall be allocated to each city and the county for local transportation purposes determined to be priority projects by local governments to which funds are allocated.
For purposes of this subdivision, the population of the county is the population of the unincorporated area of the county.
(b)CA Public Utilities Code § 142257(b) Prior to the authority allocating funds, each local government shall certify to the authority that the funds will not be substituted for property tax funds which are currently utilized to fund existing local transportation programs. If the local government is unable to segregate property tax revenues from other general fund revenues which cannot be so distinguished, substitution of funds from the authority for general funds is also prohibited.
(c)CA Public Utilities Code § 142257(c) The authority shall require that local governments to which funds are allocated to separately account for those funds and maintain records of expenditures in accordance with administrative code requirements adopted by the authority.
retail transactions and use tax transportation funding local transportation projects fund allocation formula county population unincorporated area substitute funding prohibition property tax funds general funds separate accounting recordkeeping requirements local government certification authority oversight priority projects administrative code compliance
(Amended by Stats. 2001, Ch. 474, Sec. 14. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This law explains that a transportation planning agency can update its plan for spending money on transportation improvements, except where another section says otherwise. Every two years, the agency needs to review the current plan and see if changes are needed. They’ll ask for suggestions from the Department of Transportation, cities, and the county, and then decide which projects to include.
Once they evaluate these suggestions, they will create an updated spending plan for the expected tax revenue and other funds for transportation improvements. The first five years of this updated plan are to be included in the agency's annual report to the California Transportation Commission.
The updated plan must also predict other funding from federal, state, and local sources. Finally, the agency has to hold public hearings to discuss the new spending plan before it is finalized.
(a)CA Public Utilities Code § 142258(a) Except as otherwise provided by Section 142260, the transportation planning agency may amend the expenditure plan. The transportation planning agency, at a minimum, shall review biennially and assess the needs for transportation improvements contained in the expenditure plan as specified in Section 142255. As part of this review and assessment, the transportation planning agency may solicit proposals for transportation improvements from the Department of
Transportation and the cities and the county. The transportation planning agency shall adopt a procedure for evaluating these proposals in consultation with the Department of Transportation and the cities and the county.
(b)CA Public Utilities Code § 142258(b) Based on the evaluation, the transportation planning agency shall prepare an updated plan for the expenditure of the revenues expected to be derived from the retail transactions and use tax imposed pursuant to this chapter, together with other federal, state, and local improvements, for the period during which the tax is imposed. The first five years of the plan shall be incorporated into the transportation planning agency’s annual submission to the California Transportation Commission for the state transportation improvement program pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code.
(c)CA Public Utilities Code § 142258(c) The expenditure
plan shall also include projections of revenues likely to be available from other federal, state, and local funds expected to be available for expenditure plan transportation improvements for the period during which the tax is imposed.
(d)CA Public Utilities Code § 142258(d) Before adoption of an expenditure plan, the transportation planning agency shall conduct public hearings on the plan.
transportation planning agency expenditure plan amendment biennial review transportation improvements Department of Transportation cities and county proposals evaluation procedure retail transactions tax revenue California Transportation Commission state transportation improvement program public hearings tax imposed period revenue projections federal state local funds annual submission
(Amended by Stats. 2001, Ch. 474, Sec. 15. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This law section explains that changes to a transportation spending plan can be made to use extra funds, include unexpected money, or address unforeseen events. However, the changes must prioritize projects already in the plan. No project can be delayed or removed without a public hearing and a documented explanation of why the changes are needed due to conditions beyond the agency's control.
Amendments to the expenditure plan adopted pursuant to Section 142255 are to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. The transportation planning agency shall take all appropriate actions to give highest priority to the projects in the initial expenditure plan, and any amendments shall not delay or delete any project in the initial plan without the transportation
planning agency holding a public hearing and documenting within the plan the reason why the amendments are being recommended to the authority and are necessary relative to conditions beyond control of the authority.
transportation planning expenditure plan amendments unexpected revenues unforeseen circumstances public hearing project priority fund allocation initial expenditure plan documented explanation additional funding federal state local funds transportation projects agency control spending plan changes priority projects
(Repealed and added by Stats. 2001, Ch. 474, Sec. 17. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
This section explains that a specific authority can either approve or amend an updated expenditure plan, given they do it with a majority vote of its members. If they want to amend the plan, they have to follow some rules. First, they must prioritize projects from the original plan and hold a public hearing if any changes affect those projects. Second, they must inform local government bodies about the proposed changes. Third, the county board of supervisors and most cities, representing most of the population in the incorporated area, must approve the amendments. Once these processes are done, the amendments take effect immediately.
(a)CA Public Utilities Code § 142260(a) The authority may, by the affirmative vote of a majority of the members, approve the updated expenditure plan adopted pursuant to Section 142258.
(b)CA Public Utilities Code § 142260(b) The authority may amend the expenditure plan adopted pursuant to Section 142258, if required, subject to all of the following conditions:
(1)CA Public Utilities Code § 142260(b)(1) The authority shall take all
appropriate actions to give highest priority to the projects in the initial expenditure plan, and if any amendments delay or delete any project in the initial plan, the authority shall hold a public hearing and adopt a resolution initiating the amendments that specifically detail the reason why the amendments are necessary relative to conditions beyond the control of the authority.
(2)CA Public Utilities Code § 142260(b)(2) The authority shall notify the transportation planning agency, the board of supervisors, and the city council of each city in the county and provide them with a copy of the proposed amendments.
(3)CA Public Utilities Code § 142260(b)(3) The amendment is approved by the board of supervisors.
(4)CA Public Utilities Code § 142260(b)(4) The amendment is approved by a majority of the cities constituting a majority of the population residing in the incorporated areas of the county.
(c)CA Public Utilities Code § 142260(c) The proposed amendments shall become effective immediately upon completion of the approval process in subdivision (b).
expenditure plan amendment approval priority projects public hearing transportation planning county notification board of supervisors incorporated areas city council notification majority vote authority approval process effective amendments local government consultation public notification requirements county population
(Amended by Stats. 2005, Ch. 248, Sec. 3. Effective January 1, 2006. Repealed on date prescribed in Section 142010.)
This law requires that if a retail transactions and use tax is adopted, a report must be prepared and submitted by the relevant authority to several key public entities. These entities include the Department of Transportation, the county's board of supervisors, the city councils in the county, and the transportation planning agency. The report is due by January 1 each year and should detail the progress made in implementing the expenditure plan from the previous fiscal year.
If a retail transactions and use tax is adopted pursuant to this chapter, the authority shall prepare and submit a report to the Department of Transportation, to the board of supervisors, to the city council of each city in the county, and to the transportation planning agency, on or before each January 1 after taxes are imposed pursuant to this chapter. The report shall evaluate and report the progress made in implementing the expenditure plan during the preceding fiscal year.
retail transactions tax use tax tax adoption annual report Department of Transportation county board of supervisors city council transportation planning agency expenditure plan fiscal year progress tax implementation public reporting tax authority local government reporting transportation funding
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This section allows a governing authority to propose a retail transactions and use tax up to 0.5%, but it must be approved by the voters first.
The authority, subject to the approval of the voters, may impose the retail transactions and use tax at a maximum rate of one-half of 1 percent under this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and may state the maximum tax rate in terms of not to exceed one-half of 1 percent.
retail transactions tax use tax voter approval maximum rate 0.5 percent tax tax proposal tax authority tax increase revenue raising taxation code local tax tax cap revenue generation
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
When a board of supervisors wants to impose a retail transactions and use tax, they must include a proposition on the ballot asking voters to approve the use of bonds that will be paid off using the proceeds from the tax. The amount of debt allowed is limited to the total projected tax earnings over a maximum of 30 years. The ballot must clearly state the type of tax, the rate, how long it will last, and the specific purposes for the tax revenue. Additionally, voters must receive a sample ballot and voter information handbook that contains all details and plans about the tax and its revenue allocation.
(a)CA Public Utilities Code § 142263(a) The board of supervisors, or its designee, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, shall seek authorization from the electors to issue bonds payable solely from the proceeds of the tax.
(b)CA Public Utilities Code § 142263(b) The maximum bonded indebtedness which may be authorized shall be an amount equal to the sum of the principal and interest on the bonds, not to
exceed the estimated proceeds of the tax, for a period of not more than 30 years. The actual wording of the proposition on any short form of ballot card, label, or other device, regardless of the system of voting used, shall include all of the following:
(1)CA Public Utilities Code § 142263(b)(1) The nature of the tax to be imposed.
(2)CA Public Utilities Code § 142263(b)(2) The tax rate or the maximum tax rate.
(3)CA Public Utilities Code § 142263(b)(3) The period during which the tax will be imposed.
(4)CA Public Utilities Code § 142263(b)(4) The purposes for which the revenue derived from the tax will be used.
(c)CA Public Utilities Code § 142263(c) The sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall include the full proposition, and the voter information handbook shall include the entire expenditure plan adopted by the authority.
retail tax use tax bond issuance tax proceeds bonded indebtedness elector authorization tax rate tax duration tax purposes sample ballot voter information handbook expenditure plan ballot proposition debt limit tax revenue allocation
(Amended by Stats. 2005, Ch. 248, Sec. 4. Effective January 1, 2006. Repealed on date prescribed in Section 142010.)
This law allows for the issuance of bonds, known as 'limited tax bonds,' which are paid only from the proceeds of a retail transactions and use tax that voters have approved. The revenue from this tax primarily goes to paying off these bonds. However, if a resolution specifically states otherwise, some tax revenue may be used for immediate financing needs rather than just for bond repayments.
(a)CA Public Utilities Code § 142264(a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the authority at any time, and from time to time, payable solely from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.”
(b)CA Public Utilities Code § 142264(b) The pledge of the tax to the limited tax bonds authorized under this chapter has priority over the use of any of the tax for pay-as-you-go financing, except to the extent that that
priority is expressly restricted in the resolution authorizing the issuance of the bonds.
limited tax bonds retail transactions and use tax voter-approved bonds bond issuance tax proceeds pay-as-you-go financing bond priority resolution restrictions bond repayments financing needs tax pledge priority
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law allows limited tax bonds to be issued if a majority of the authority's members approve it. They can decide how many bonds to issue until the total amount they are allowed is reached. These bonds can be split into multiple groups, each with its own payment schedule. The bonds don't have to be paid back exactly a year after they're issued.
Limited tax bonds shall be issued pursuant to a resolution adopted at any time by an affirmative vote of a majority of the members of the authority. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of the bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date.
limited tax bonds bond issuance authority approval bond series payment schedule bond maturity resolution adoption majority vote dates of payment bond division
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This section explains what needs to be included in a resolution when a governmental body decides to issue limited tax bonds. It must state the purpose of the debt, the estimated costs, the principal amount, the bond's maturity term, the interest rate, and the bond denominations. These bonds can come in various forms like registered or coupon bonds. The resolution might also include additional details allowed by law.
(a)CA Public Utilities Code § 142266(a) A resolution authorizing the issuance of limited tax bonds shall state all of the following:
(1)CA Public Utilities Code § 142266(a)(1) The purpose for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to or connected with the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant and other fees, bond and other reserve funds, working capital, bond interest estimated to
accrue during the construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(2)CA Public Utilities Code § 142266(a)(2) The estimated cost of accomplishing those purposes.
(3)CA Public Utilities Code § 142266(a)(3) The amount of the principal of the indebtedness.
(4)CA Public Utilities Code § 142266(a)(4) The maximum term that the bonds proposed to be issued shall run before maturity, which shall not be beyond the date of termination of the imposition of the retail transactions and use tax.
(5)CA Public Utilities Code § 142266(a)(5) The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law.
(6)CA Public Utilities Code § 142266(a)(6) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000).
(7)CA Public Utilities Code § 142266(a)(7) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable.
(b)CA Public Utilities Code § 142266(b) The resolution may also contain any other matters authorized by this chapter or any other provision of law.
limited tax bonds issuance resolution bond purpose estimated costs principal amount maturity term interest rate bond denominations registered bonds coupon bonds retail transactions tax financial consultants fiscal agents bond issuance costs engineering fees
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law section states that bonds can have an interest rate, but it must not go above the legal limit. The interest is usually paid twice a year, but for the first interest payment, it can cover up to one year based on the authority's decision.
The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable semiannually, except that the first interest payable on the bonds, or any series thereof, may be for any period not exceeding one year, as determined by the authority.
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(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law allows the authority to decide if bonds can be paid off early, which means called or redeemed before their due date. The terms for how and when this can happen must be clearly stated. For a bond to be eligible for early pay-off, it needs to specifically say so on the bond itself or in a statement printed on it.
In the resolution authorizing the issuance of the bonds, the authority may also provide for call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified. However, no bond is subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon.
bond issuance call and redemption early redemption maturity bond terms prepayment conditions redemption prices bond recital printed statement bond authority finance investment public authority bonds bond conditions callable bonds
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law states that any money owed from bonds, including both the main amount and interest, must be paid in U.S. money. The payments can be made at the county's auditor-controller-treasurer office or other locations chosen by the authority.
The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the auditor-controller-treasurer of the county and other places as may be designated by the authority.
bond payment interest payment U.S. lawful money auditor-controller-treasurer payment location county financial office authorized locations bond principal designated places payment obligations
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law covers the requirements for signing and dating bonds issued by a specific authority. Each bond must have a date, a number, and be signed by the authority's chairperson or vice-chairperson and the county's auditor-controller-treasurer. The authority's official seal should also be attached to the bond.
If the bonds have interest coupons, these must be signed by the county's auditor-controller-treasurer. Most signatures and seals can be reproduced mechanically, but at least one signature on each bond must be done by hand. If an officer who signed the bond or coupons leaves their position before the bond is delivered, their signature remains valid.
(a)CA Public Utilities Code § 142270(a) The bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the chairperson or vice chairperson of the authority and the auditor-controller-treasurer of the county, and the official seal of the authority shall be attached.
(b)CA Public Utilities Code § 142270(b) The interest coupons of the bonds, if any, shall be signed by the auditor-controller-treasurer of the county.
(c)CA Public Utilities Code § 142270(c) All signatures and
the seal may be printed, lithographed, or mechanically reproduced, except that one of the signatures on the bonds shall be manually affixed.
(d)CA Public Utilities Code § 142270(d) If any officer whose signature appears on the bonds or coupons ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
bonds issuance dated bonds bond numbering signature requirements chairperson signature vice chairperson signature auditor-controller-treasurer interest coupons manual signature requirement mechanical reproduction of signatures official seal signature validity after officer leaves authority bonds county treasurer bond delivery
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law states that the authority has the power to decide how bonds will be sold, based on a resolution they pass. They can choose to sell the bonds for less than their face value, either through negotiation or a public sale.
The bonds may be sold as the authority determines by resolution. The authority may sell the bonds at a price below par, whether by negotiated or public sale.
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(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law section states that bonds can be delivered from any location, whether inside or outside California. The payment for these bonds can be made in either cash or through bank credits.
Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
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(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law section explains how money from bond sales should be handled. Interest and premiums from the sale of bonds must be used to pay back the bonds. The leftover money goes to the authority's treasury to help secure the bonds or achieve the original debt purpose. Once that purpose is finished, any leftover funds should either be used to pay back more of the bond debt or to buy back and cancel existing bonds from the market.
All accrued interest and premiums received on the sale of the bonds shall be placed in the fund to be used for the payment of principal of, and interest on, the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury of the authority and applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a
fund to be used for the purchase of outstanding bonds of the authority from time to time in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the authority. Bonds so purchased shall be canceled immediately.
accrued interest bond premiums bond proceeds bond repayment authority treasury debt purposes fund allocation outstanding bond purchase bond cancellation principal payment interest payment open market purchase public sale private sale fund transfer
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law lets an authority issue, sell, or exchange bonds, including special bonds called refunding bonds, to pay off or replace existing bonds. Refunding bonds can cover the original bond's amount, any call and redemption premiums, and refunding expenses. These bonds can also cover interest costs from either the new refunding bonds or the original bonds until they're paid off. The same rules that apply to selling regular bonds also apply to selling these refunding bonds.
(a)CA Public Utilities Code § 142274(a) The authority may provide for the issuance, sale, or exchange or refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at the times, and in the manner which it determines.
(b)CA Public Utilities Code § 142274(b) Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of
the following:
(1)CA Public Utilities Code § 142274(b)(1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(2)CA Public Utilities Code § 142274(b)(2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(c)CA Public Utilities Code § 142274(c) The provisions of this chapter for the issuance and sale of bonds apply to the issuance and sale of refunding bonds.
bonds issuance bonds sale bonds exchange refunding bonds redeem bonds retire bonds premiums call and redemption outstanding bonds principal amount interest coverage refund expenses bond payment bondholders agreement pursuant to call
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law allows the authority to borrow money by issuing bond anticipation notes before they actually sell authorized bonds. These notes can be renewed, but can't last more than five years from their original issue date. The notes and any interest can be paid using available funds, including tax revenue, or from the proceeds of future bond sales.
The notes cannot exceed the total amount of authorized bond sales, minus any already sold or outstanding notes. They must be issued and sold just like the bonds, and may include similar terms and conditions as those governing the bonds themselves.
(a)CA Public Utilities Code § 142275(a) The authority may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which 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. However, the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes.
(b)CA Public Utilities Code § 142275(b) The bond anticipation notes, and the interest thereon, may be paid from any money of the authority available therefor, including the revenues from the retail transactions and use taxes imposed pursuant to this chapter. If not previously otherwise paid, the bond anticipation notes, or any portion thereof, or the interest thereon, shall be paid from the proceeds of the next sale of the bonds of the authority in anticipation of which the notes were issued.
(c)CA Public Utilities Code § 142275(c) The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of bonds which the authority has 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.
(d)CA Public Utilities Code § 142275(d) The
bond anticipation notes and the resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the authority authorizing the issuance of bonds may contain.
bond anticipation notes borrowing money bond sales note renewals maximum maturity interest payment available funds tax revenue future bond sales authorized bond issue proceeds note issuance conditions and limitations negotiable notes revenue sources
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law states that bonds issued under this specific chapter are considered legal and secure investments for a variety of funds, including trust funds, insurance companies, banks, and state school funds. It allows these bonds to be invested in just like the bonds of cities, counties, and other districts within the state. Additionally, these bonds can be used as security for public transactions and various financial guarantees. This law is an update and takes precedence over previous investment laws.
Any bonds issued under this chapter are legal investments for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; and for state school funds; and whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within the state, that money or funds may be invested in the bonds issued under this chapter; and whenever bonds of cities, counties, school district, or other districts within the state may, by any law now
or thereafter enacted, be used as security for the performance of any act or the deposit of any public money, the bonds issued under this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto.
legal investments trust funds insurance company funds commercial bank funds savings bank funds state school funds bonds as security public money deposits secure investment investment guidelines financial guarantees bond issuance Chapter bonds cities and counties bonds public investment funds
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
This law means that if anyone wants to challenge or question the legality of a retail transactions and use tax ordinance, or any bonds related to it, they need to do so within six months of the ordinance being approved in an election. After that period, the ordinance and bonds are considered completely legal and cannot be disputed.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter, or the issuance of any bonds thereunder, or any of the proceedings in relation thereto, is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and
incontestable.
retail transactions tax ordinance use tax ordinance bonds issuance legal challenge timeframe six-month period election approval ordinance validity contesting ordinance bonds legal validity incontestable ordinance deadline for legal actions
(Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)