Section § 36380

Explanation

This law allows certain water districts in California, which primarily deliver water for agriculture and have at least 51% of their land designated for agricultural uses, to issue revenue warrants. This can be done to raise funds for any lawful purpose, including paying off debts. However, these districts can only issue revenue warrants in a year where they do not receive their full water supply from a contract with the federal government, the state, or another public entity that usually provides a significant portion of their water needs.

A district whose facilities are for delivery primarily of agricultural water supplies and wherein at least 51 percent of the assessable acreage is zoned and developed for agricultural uses may issue revenue warrants pursuant to this chapter to obtain funds for any lawful purpose of the district, including the repayment of indebtedness of the district. A district may issue revenue warrants pursuant to this chapter in any year only if the district does not receive during such year its full contractual entitlement under a water supply contract with the United States, the State of California, or any other public agency, upon which contract the district relies for meeting a substantial portion of its water supply needs.

Section § 36381

Explanation

This law explains that revenue warrants, which are a type of district financial obligation, can be backed by the money the district earns from certain charges or other non-assessment sources. The district board has the option to use this income as a guarantee for repaying the warrants, including both the main amount due and any interest. However, these revenue warrants cannot be secured by any money from assessments.

Revenue warrants shall be secured by all or part of the revenues received by the district from charges fixed pursuant to Section 35470 or from any other source other than assessments, and any such revenues may be pledged to the payment of revenue warrants. In the resolution authorizing issuance of revenue warrants, the board may subject such revenues as it specifies to a lien or charge to secure the payment of the principal of, and the interest on, revenue warrants, but such warrants shall be not secured by any lien or charge upon any assessment.

Section § 36382

Explanation

This law states that revenue warrants, which are similar to government-issued IOUs, can have an interest rate of up to 8% per year. The interest may be paid once or twice a year, depending on what the board decides.

Revenue warrants shall bear interest at a rate or rates not exceeding 8 percent per annum, payable annually or semiannually or in part annually and in part semiannually, as the board may prescribe.

Section § 36383

Explanation

This law explains that revenue warrants, a type of debt instrument issued by a governing board, must be paid back within 10 years from the date they are issued.

Revenue warrants shall mature at such time or times as the board may prescribe, but not more than 10 years from the date of issuance.

Section § 36384

Explanation

This law section states that revenue warrants can be repaid before their scheduled maturity date. The board in charge can set the rules for how and when this early redemption can happen, including any terms, conditions, and prices involved, before the warrants are issued.

Revenue warrants may be made subject to redemption prior to their fixed maturity date upon such terms, conditions and notice, and at such times and prices, as the board may determine prior to the issuance of such warrants.

Section § 36385

Explanation

This law allows revenue warrants, which are a type of financial instrument, to be sold either publicly or privately under terms set by the board in charge. They can be sold for less than their original value, but they must not be sold at a rate that would give the buyer an annual return of more than 8%, calculated semiannually using standard bond value tables.

Revenue warrants may be sold at either public or private sale upon such terms and conditions as the board may determine. Such warrants may be sold at less than their par or face value, but no revenue warrant may be sold at a price which would yield to the purchaser an average of more than 8 percent per annum, payable semiannually, according to standard tables of bond values.

Section § 36386

Explanation

This law states that revenue warrants can only be issued or sold after the board has authorized their issuance, and this decision must pass with a four-fifths majority vote of the board members.

No revenue warrants shall be issued or sold until their issuance has been authorized by resolution of the board adopted by a four-fifths vote.

Section § 36386.1

Explanation

If the board decides to issue revenue warrants and then receives a petition within 30 days signed by people owning 10% of the district's land, they must hold an election. This election allows voters in the district to approve or reject the decision to issue these revenue warrants. It follows the same procedures as other bond elections, but it requires a majority vote in favor for the decision to be approved.

If, after the board adopts the resolution to issue the revenue warrants and before 30 days thereafter, the board receives a petition containing the signatures of persons holding title to 10 percent of the land area within the district, the board shall call an election of the qualified voters in the district and submit the resolution to issue revenue warrants to such voters for their approval or rejection. The election required by this section shall be called and noticed, held, and conducted in the same manner provided for bond elections in the district, excepting that a majority of the votes cast in favor of such resolution shall be required for the approval of such resolution.

Section § 36387

Explanation

This law allows the board to decide how revenue warrants should look, their value, how they are signed, and where they can be registered, exchanged, and paid.

The board may determine the form and denomination of revenue warrants, the manner of their execution, their registration and exchange privileges and the place or places of their payment.

Section § 36388

Explanation

This law allows a board to create special funds for dealing with money gained from revenue warrants and the income promised to pay them off. They can also set up a reserve fund using the proceeds or the pledged income. Additionally, the board can hire a fiscal agent to manage these funds on behalf of both the revenue warrant holders and the district.

The board, in a resolution authorizing the issuance of revenue warrants, may provide for special funds for the deposit and application of the proceeds of the warrants and for the deposit and application of revenues pledged to secure their payment. The board may provide for the establishment of a reserve fund from the proceeds of the revenue warrants or revenues pledged to their payment. The board may appoint a fiscal agent to hold any or all such funds in trust for the holders of revenue warrants and for the district.

Section § 36389

Explanation

This law allows a board, when issuing revenue warrants (a type of loan or bond), to promise to run and maintain the facilities that generate income to pay back these loans. They can also pledge to set and collect fees or charges that will cover the loan payments and provide additional security if needed. The board can agree on other protections like insurance, investment handling, financial audits, dealing with defaults, and restricting competing facilities to enhance the loans' safety and market appeal.

The board, in a resolution authorizing the issuance of revenue warrants, may covenant to operate and maintain the facilities producing the revenues pledged for the security of the revenue warrants, may covenant to fix, maintain, and collect tolls, charges, rates, or fees which will produce revenues sufficient to provide for the payment of the principal of and interest on the revenue warrants and to provide such additional sums for the further security of the revenue warrants as the resolution may prescribe, and may make such other covenants, with respect to insurance, investments of funds, accounting records, independent audits, events of default, limitations upon competitive facilities, and any other matters relating to the revenue warrants and their security as the board may deem necessary, convenient, or desirable in order better to secure the revenue warrants or to make them more marketable.

Section § 36390

Explanation

This law section allows the board to decide, through a formal decision (called a resolution), to pay for up to one year of interest on revenue warrants using money made from selling these warrants.

The board, in a resolution authorizing the issuance of revenue warrants, may provide for paying the interest on the revenue warrants for a period of not more than one year out of the proceeds of the sale thereof.

Section § 36391

Explanation

This law allows the holders of revenue warrants to force the district board or its officers to fulfill their duties related to handling the revenues or proceeds connected with those warrants. If the district fails to manage the funds as promised, warrant holders can take legal action, such as filing a mandamus, to enforce their rights. However, this doesn't limit them to only these actions; they can pursue other available remedies if needed.

Except as otherwise provided in any resolution authorizing the issuance of revenue warrants, the holder of any revenue warrant may by mandamus, or other appropriate proceeding, require and compel the performance of any of the duties imposed upon the board, or upon any officer or employee of the district, in connection with the collection, deposit, investment, application, or disbursement of any revenues pledged for the security of the revenue warrants, or in connection with the deposit, investment, or disbursement of the proceeds received from the sale of the revenue warrants, or in connection with any covenants contained in the resolution authorizing the issuance of the revenue warrants. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of revenue warrants.

Section § 36392

Explanation

This law states that a district in California cannot issue revenue warrants totaling more than four million dollars in one fiscal year.

Revenue warrants shall not be issued under this chapter by any district in any one fiscal year in excess of four million dollars ($4,000,000).

Section § 36393

Explanation

This law states that the ability of a district to borrow money, take on debt, and issue financial instruments like warrants is an additional power. It does not limit or restrict the district's existing powers to do these things.

The provisions of this chapter shall constitute an addition to all other power of a district to borrow money, incur indebtedness, and issue warrants in connection therewith, and shall not be deemed a restriction or limitation on such other power.