Chapter 6Bonds
Section § 180250
This section allows voters to approve both a retail transactions and use tax and the issuance of bonds as part of a transportation plan. The bonds help fund large transportation projects, with repayment coming from the tax revenue.
The total amount of bonds that can be issued is capped at the total expected revenue from the tax, including principal and interest. Bonds that are covered by specific trust funds or escrow accounts ready for repayment aren't counted in this limit.
Section § 180250.5
This law allows a county authority to issue bonds, including refunding bonds or bond anticipation notes, if certain conditions were met with voter approval back on November 8, 1988. Specifically, the voters must have approved a retail transactions and use tax along with a $765 million spending limit, and the authority's ordinance must have allowed issuing bonds backed by that tax.
Section § 180251
This law allows bonds, referred to as “limited tax bonds,” to be issued by an authority whenever necessary, as long as voters have approved both the bonds and a related retail transactions and use tax. These bonds are to be paid back with the money collected from this tax and can be backed by a promise (pledge) of revenue from the tax proceeds.
The law also states that when these bonds are backed by the tax revenue, paying back these bonds takes priority over using the tax money directly for projects, unless the resolution for issuing the bonds specifies otherwise.
Section § 180252
This law states that limited tax bonds can be issued if approved by a two-thirds vote from the authority. The resolution for issuing these bonds can be adopted at any time. The resolution will detail how many bonds need to be issued until the full amount authorized is reached. The total amount of bonds can be split into multiple series, with each series having different payment dates. Also, a bond does not have to mature exactly one year from its issue date.
Section § 180253
This section explains what needs to be included in a resolution to issue bonds. The resolution must describe why the debt is being incurred, including any costs related to achieving those goals like fees for legal services or construction. It should also state the estimated costs to complete the project, the total debt amount, how long the bonds will go before maturity (and not past the end of the related tax), the maximum interest rate, and bond denominations starting at $5,000. The bonds' format, such as registered or coupon bonds, must be outlined too, including any details about when payments are due.
Additionally, the resolution can include any other relevant details allowed by law.
Section § 180254
This law specifies that the interest rate on bonds must not go above the legal limit and that the commission decides how often the interest payments are made.
Section § 180255
This law section explains that when bonds are issued, the authority that issues them can decide if the bonds can be paid off early (called redemption). They can specify when this can happen, how much it will cost, and any other conditions. However, a bond can't be paid off early unless it specifically says so in the bond itself, either in writing or printed on it.
Section § 180256
The money owed from bonds, both the original amount and any interest, must be paid in U.S. currency. This payment can be made at the authority treasurer's office, other designated locations, or both, depending on where the bondholders choose.
Section § 180257
This section explains the requirements for signing and issuing bonds. The bonds and their interest coupons must be signed by specific officers such as a chairperson, vice chairperson, or auditor-controller of the authority. Even if these officers leave their positions before the bonds are delivered, their signatures will still be valid. The bonds can have signatures and seals that are printed, lithographed, or reproduced mechanically.
Section § 180258
This law allows the authority to sell bonds at a price lower than their face value, and the sale can be either through negotiation or a public process, as decided by a resolution.
Section § 180259
This law allows bonds to be delivered at any location, whether within California or outside, and the payment for these bonds can be made in cash or through bank credits.
Section § 180260
When bonds are sold, any interest earned from the sale must go into a fund dedicated to paying off the bonds' principal and interest. The main proceeds from the bond sale should be used to secure the bonds or fulfill the purpose for which the debt was incurred. If there's any money left after the purpose is fulfilled, it should either go back into the fund for paying the bonds or be used to buy back outstanding bonds on the market, after which these bonds must be canceled immediately.
Section § 180261
The law allows an authority to issue, sell, or exchange refunding bonds to manage existing bonds, deciding the best terms and timing. These refunding bonds can cover the principal of the old bonds, any premiums needed to call or redeem them early, and expenses related to the refunding process. Additionally, they can include interest payments on either the refunding bonds or the old bonds, depending on agreements with bondholders. The process for dealing with refunding bonds follows the same rules as issuing new bonds under this chapter.
Section § 180262
This law allows an authority to borrow money ahead of selling authorized bonds, even if those bonds haven't been sold or delivered yet. They can issue bond anticipation notes, which are essentially temporary loans that can be renewed but must be paid back or renewed within five years. The money to pay off these notes can come from any available funds, including tax revenues, or from the proceeds of the bond sales if other funds aren't used. The law also states that the total amount of these notes cannot exceed the amount of authorized bonds that haven't yet been sold. Lastly, these notes and the resolutions authorizing them can include the same terms as those found in the bond resolutions.
Section § 180263
This section states that bonds issued under this chapter are considered legal investments for various funds. This includes trust funds, insurance funds, and state school funds. Additionally, these bonds can be used wherever law permits investment in or security by city, county, school district, or other district bonds. Essentially, if it’s legal to invest or use public bonds as security, these bonds are also valid for the same purposes.
This rule overrides previous laws and serves as the Legislature's most recent decision on legal investment options related to public bonds.
Section § 180264
This law states that if anyone wants to challenge the legality of a tax ordinance related to retail transactions and use, or any bonds issued under it, they must do so within six months of the election where the ordinance was approved. If no challenge is made within this time frame, then the ordinance and the bonds are considered legal and cannot be contested.