Article 4 - Limited Obligation Bonds

California Government Code — §§ 50665.1-50670.4

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Sections (57)

Amended by Stats. 1987, Ch. 1388, Sec. 1.

As used in this article:

(a)“Local agency” means any county, city, or city and county, including a chartered city, or special district, including a school district.
(b)“Legislative body” means the city council in the case of a city, and the board of supervisors in the case of a county.
(c)“Revenues” means the funds received by a local agency from any source or combination of sources, which a local agency is not precluded by any other provision of law from using for the purposes of this article. “Revenues” include the proceeds of ad valorem taxes on real property levied by, or allocated to, the local agency, and the proceeds of sales and use taxes.
(d)“Pledged revenue” means a specified annual dollar amount from a specified source or combination of sources of revenue, which the legislative body of a local agency, in a resolution providing for the issuance of limited obligation bonds, has designated and pledged as security for the bonds in accordance with Section 50665.7.
(e)“Limited obligation bonds” are bonds issued by a local agency which are to be paid solely from pledged revenue.
(f)“Initiating resolution” means a resolution by which a legislative body determines that public interest or necessity demands the issuance of bonds.
(g)“Resolution” means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds.

Added by Stats. 1985, Ch. 320, Sec. 2.

Except as otherwise provided in the initiating resolution, any election required under this article shall be conducted as other elections of the local agency.

Added by Stats. 1985, Ch. 320, Sec. 2.

When two or more propositions for incurring indebtedness are submitted at the same election, the votes cast for and against each proposition shall be counted separately.

Added by Stats. 1985, Ch. 320, Sec. 2.

If two-thirds of the voters voting on a proposition initiated pursuant to this article vote for it, the legislative body may, by majority vote, adopt a resolution approving the issuance, sale, and delivery of the bonds.

Added by Stats. 1985, Ch. 320, Sec. 2.

The bonds shall bear interest at a rate or rates not exceeding the maximum rate authorized by Section 53531, may be payable at the time or times, may be in one or more series, may bear a date or dates, may mature at a time or times not exceeding 31 years from their respective dates, may be payable in the medium of payment at a place or places, may carry the registration privileges, may be subject to the terms of redemption at the premiums, may be executed in a manner, may contain those terms, covenants and conditions, and may be in the form, either coupon or registered, as the resolution authorizing the bonds may provide. The bonds may be sold at public or private sale in the manner and upon the terms as may be provided in the resolution. Pending the preparation of definitive bonds, interim receipts or certificates, in the form and with those provisions as may be provided in the resolution, may be issued to the purchaser or purchasers of bonds sold pursuant to this article. The bonds and interim receipts or certificates shall be deemed to be securities and negotiable instruments within the meaning and for all purposes of the Uniform Commercial Code of this state, subject to the provisions for registration thereof contained in the resolution.

Prior to approving the sale of bonds at a private sale, the legislative body of the issuing entity shall retain an investment firm which has had no prior underwriting relationship with the issuing entity on a similar bond issue within the previous three years to analyze the terms and conditions of the proposed bond issue. The bonds shall be sold at private sale only if the investment firm determines and reports to the legislative body that it has found the following to be true:

(a)The underwriter’s price differential is reasonable.
(b)The final negotiated offering is consistent with common practices in the industry and is comparable to other bond offerings of a comparable amount that have been offered within the previous six months.

Added by Stats. 1985, Ch. 320, Sec. 2.

The bonds are special obligations of the local agency and shall be a charge against and are secured by a lien upon and shall be payable, as to the principal thereof and interest thereon, and any premiums upon the redemption thereof, from the revenues and such funds as are described in the resolution authorizing the issuance of the bonds. If funds and revenues described in the authorizing resolution are insufficient for the payment of interest and principal on the bonds, the local agency, at its discretion, may make such payments from any other funds or revenues that may be legally applied to their payment.

Added by Stats. 1985, Ch. 320, Sec. 2.

Limited obligation bonds may be issued for the acquisition, installation, construction, or improving of any or all public works or improvements which the local agency is otherwise authorized to acquire, install, construct, or improve, and for the acquisition of lands and easements therefor.

Added by Stats. 1985, Ch. 320, Sec. 2.

In determining the amount of bonds to be issued, the legislative body may include:

(a)All costs and estimated costs incidental to or connected with the acquisition, construction, improving, or financing of the public works or improvements.
(b)All engineering, inspection, legal, and fiscal agent’s fees, all costs of the bond election and of the issuance of limited obligation bonds, all bond reserve funds, and all bond interest estimated to accrue during the construction period and for a period determined by the legislative body after completion of construction.

Added by Stats. 1985, Ch. 320, Sec. 2.

Proceedings are initiated when the legislative body passes an initiating resolution by a majority vote of all its members.

Amended by Stats. 2007, Ch. 25, Sec. 1. Effective January 1, 2008.

For all local agencies, the initiating resolution shall recite each of the following:

(a)That the initiating resolution is being adopted pursuant to the powers granted by this article.
(b)The object and purpose of incurring the indebtedness.
(c)The estimated cost of the public improvements.
(d)The maximum amount of the indebtedness.
(e)A maximum rate of interest on the indebtedness.
(f)(1) A pledge by the local agency that any bonds issued pursuant to the initiating resolution shall be secured by all or part of the revenues received by the local agency.
(2)The local agency may restrict the pledge to the revenues received by the local agency from a specified geographical area that is within the local agency’s exterior boundaries. The legal description of the boundaries of the geographical area shall be contained in the resolution.
(g)The date of the election.
(h)The manner of holding the election and the procedure for voting for or against the proposition.

Added by Stats. 1985, Ch. 320, Sec. 2.

The initiating resolution shall be published once in a newspaper of general circulation in the local agency. If there is no such newspaper, it shall be posted in a public place within the jurisdiction of the local agency.

Added by Stats. 1985, Ch. 320, Sec. 2.

The bonds and the resolution providing for their issuance shall state that the bonds are limited obligation bonds payable solely from revenues of the local agency pledged for that purpose.

In addition, the resolution of the legislative body providing for the issuance of limited obligation bonds shall specify the amount and source of revenue pledged therefor. The pledged revenue shall be sufficient to pay the following amounts annually, as they become due and payable:

(a)The interest on and the principal on the bonds.
(b)All payments required for compliance with the resolution authorizing issuance of the bonds or any other contract with the bondholders, including the creation of a sinking fund and reserve funds.
(c)All payments to meet any other obligations of the local agency which are charges, liens, or encumbrances on the pledged revenue.

Added by Stats. 1985, Ch. 320, Sec. 2.

The proposition for incurring a bonded debt shall be submitted to the qualified voters of the local agency at an election held for that purpose. The election may be consolidated with any other election of the local agency.

Added by Stats. 1985, Ch. 320, Sec. 2.

A proposition to be submitted to the voters of a local agency for approval of the issuance of limited obligation bonds shall state that the bonds are limited obligation bonds to be paid solely from pledged revenue, and shall specify the source and amount of the pledged revenue.

Added by Stats. 1985, Ch. 320, Sec. 2.

By resolution, the legislative body may pledge, place a charge upon, and assign all or any part of the revenues for the security of the bonds.

Added by Stats. 1985, Ch. 320, Sec. 2.

The payment of interest on and principal of the bonds and any premiums upon the redemption of any thereof are secured by an exclusive pledge, charge, and lien upon all of the revenues.

Added by Stats. 1985, Ch. 320, Sec. 2.

The revenues and any interest earned on the revenues constitute a trust fund for the security and payment of the interest on and principal of the bonds.

Added by Stats. 1985, Ch. 320, Sec. 2.

So long as any bonds or interest thereon are unpaid following their maturity, the revenues and interest thereon shall not be used for any other purpose.

Added by Stats. 1985, Ch. 320, Sec. 2.

If the interest and principal of the bonds and all charges to protect or secure them are paid when due, an amount or amounts for other purposes may be apportioned from the revenues.

Added by Stats. 1985, Ch. 320, Sec. 2.

Bonds of the same issue shall be equally secured by a pledge, charge, and lien upon the revenues specified in the resolution authorizing the issuance of the bonds, without priority for number, date of bonds, of sale, of execution, or of delivery pursuant to this article and the resolution authorizing the issuance of the bonds; except that any local agency may authorize the issuance of bonds of different series and may provide that the bonds in any series shall, to the extent and in the manner prescribed in the resolution, be subordinated and be junior in standing, with respect to the payment of principal and interest and the security thereof, to such other bonds as may be specified in the resolution.

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