Article 5 - Agency Bonds

California Health and Safety Code — §§ 33640-33665

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Sections (28)

Amended by Stats. 1977, Ch. 797. See provisions for inoperation in subd. (a) of Section 34189.

From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.

Amended by Stats. 1993, Ch. 942, Sec. 32. Effective January 1, 1994. See provisions for inoperation in subd. (a) of Section 34189.

An agency may issue any types of bonds which it may determine, including bonds on which the principal and interest are payable:

(a)Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with the proceeds together with financial assistance from the state or federal government in aid of the projects.
(b)Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds.
(c)In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of Article 6 (commencing with Section 33670).
(d)In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefor.
(e)From its revenues generally.
(f)From any contributions or other financial assistance from the state or federal government.
(g)By any combination of these methods.

Added by Stats. 1989, Ch. 1264, Sec. 8.

(a)As used in this section:
(1)“Collateral” means any revenues, moneys, accounts receivable, contracts rights, and other rights to payment of whatever kind or other property subject to the pledge provided for or created in a pledge document.
(2)“Pledge document” means the resolution, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement agreement, pledge agreement, or similar agreement in which the pledge is provided for or created.
(3)“Pledge” means a committment of, by the grant of a lien on and a security interest in, the collateral referred to in a pledge document.
(b)A pledge of collateral by a redevelopment agency to secure, directly or indirectly, the payment of the principal or redemption price of, or interest on, any bonds, or any reimbursement agreement with any provider of credit to bonds, which is issued by or entered into by an agency shall be valid and binding in accordance with the terms of the pledge document from the time the pledge is made for the benefit of pledgees and successors thereto.

The collateral shall immediately be subject to the pledge, and the pledge shall constitute a lien and security interest which immediately shall attach to the collateral and be effective, binding, and enforceable against the pledgor, its successors, purchasers

of the collateral, creditors, and all others asserting the rights therein, to the extent set forth, and in accordance with, the pledge document irrespective of whether those parties have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act.

Added by Stats. 1963, Ch. 1812.

Any of such bonds may be additionally secured by a pledge of any revenues or by an encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof.

Added by Stats. 1963, Ch. 1812.

Neither the members of an agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance.

Added by Stats. 1963, Ch. 1812.

The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Amended by Stats. 1987, Ch. 212, Sec. 2. Effective July 23, 1987. See provisions for inoperation in subd. (a) of Section 34189.

The agency may authorize bonds by resolution. The resolution, trust indenture, or mortgage may provide for:

(a)The issuance of the bonds in one or more series.
(b)The date the bonds shall bear.
(c)The maturity dates of the bonds.
(d)The rate or maximum rate of interest on the

indebtedness, which shall not exceed the maximum rate permitted by Section 53531 of the Government Code, and need not be recited if the rate does not exceed 41/2percent. The interest may be fixed or variable and may be simple or compound. The interest shall be payable at the time or times determined by the agency.

(e)The denomination of the bonds.
(f)Their form, either coupon or registered.
(g)The conversion or registration privileges carried by the bonds.
(h)The rank or priority of the bonds.
(i)The manner of their execution.
(j)The medium of payment.
(k)The place of payment.

( l)  The terms of redemption with or without premium to which the bonds are subject.

(m)The maximum amount of bonded indebtedness in compliance with, and not to exceed, the limit specified in the redevelopment plan as required in Section 33334.1.

The resolution, trust indenture, or mortgage shall provide that tax-increment funds allocated to an agency pursuant to Section 33670 shall not be payable to a trustee on account of any issued bonds when sufficient funds have been placed with the trustee to redeem all outstanding bonds of the issue.

Added by Stats. 1979, Ch. 29.

Notwithstanding Section 33645 or any other provision of law, the rate of interest on any indebtedness or obligation of an agency which is payable to the federal government or any agency or instrumentality thereof or on any such indebtedness or obligation guaranteed by the federal government or any instrumentality thereof may be at a rate higher than the limitation established in Section 33645, or any other law, if such rate is the rate established by the federal government or any instrumentality thereof. Any such indebtedness or obligation shall be in such form and denomination, have such maturity, and be subject to such conditions as may be prescribed by the federal

government or agency or instrumentality thereof.

Amended by Stats. 1969, Ch. 600.

The bonds may be sold at no less than par less a discount of not to exceed 5 percent, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county. The bonds may be sold at not less than par to the federal government at private sale without any advertisement.

The amendment to this section made at the 1969 Regular Session of the Legislature shall be applicable to bonds of a redevelopment agency which have been authorized by the agency prior to the effective date

of the amendment but which have not been issued prior to such date.

Added by Stats. 1963, Ch. 1812.

If any agency member or officer whose signature appears on bonds or coupons ceases to be such member or officer before delivery of the bonds, his signature is as effective as if he had remained in office.

Added by Stats. 1963, Ch. 1812.

Bonds issued pursuant to this part are fully negotiable.

Added by Stats. 1963, Ch. 1812.

In any action or proceedings involving the validity or enforceability of any bonds or their security, any such bond reciting in substance that it has been issued by the agency to aid in financing a redevelopment project is conclusively deemed to have been issued for a redevelopment project and the project is conclusively deemed to have been planned, located, and constructed pursuant to this part.

Added by Stats. 1963, Ch. 1812.

In connection with the issuance of bonds, and in addition to its other powers, an agency has the powers prescribed in Sections 33651 to 33659, inclusive.

Added by Stats. 1963, Ch. 1812.

An agency may:

(a)Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence.
(b)Encumber by mortgage, deed of trust, or otherwise all or any part of its real or personal property, then owned or thereafter acquired.

Added by Stats. 1963, Ch. 1812.

An agency may covenant:

(a)Against pledging all or any part of its rents, fees, and revenues.
(b)Against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence.
(c)Against permitting any lien on such revenues or property.
(d)With respect to limitations on its right to sell, lease, or otherwise dispose of all or part of any

redevelopment project.

(e)As to what other, or additional debts or obligations it may incur.

Added by Stats. 1963, Ch. 1812.

An agency may:

(a)Covenant as to the bonds to be issued, as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the bond proceeds.
(b)Provide for the replacement of lost, destroyed, or mutilated bonds.
(c)Covenant against extending the time for the payment of its bonds or interest.
(d)Redeem the bonds, covenant for their redemption, and provide the redemption terms and

conditions.

Added by Stats. 1963, Ch. 1812.

An agency may:

(a)Covenant as to the consideration or rents and fees to be charged in the sale or lease of a redevelopment project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to their use and disposition.
(b)Create or authorize the creation of special funds for money held for redevelopment or other costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of such money.

Added by Stats. 1963, Ch. 1812.

An agency may prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds whose holders are required to consent thereto, and the manner in which such consent may be given.

Added by Stats. 1963, Ch. 1812.

An agency may covenant:

(a)As to the use of any or all of its real or personal property.
(b)As to the maintenance of its real and personal property, its replacement, the insurance to be carried on it, and the use and disposition of insurance money.

Added by Stats. 1963, Ch. 1812.

An agency may:

(a)Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation.
(b)Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

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