text:
If any one or more local or public agencies shall, prior to the effective date of Section 54241, have taken formal action to implement any one or more projects to be acquired or constructed pursuant to a public leaseback, Section 54241 shall not apply to the subsequent execution by such local or public agency of such public leaseback relating to any such project. Formal action to implement any one or more projects shall include any of the following actions:

(a) The incurring of liability of five thousand dollars ($5,000) or more for a substantial portion of an architectural or engineering contract or other contract relating to a project;

(b) The acquisition of land or improvements for the project;

(c) The making of a contribution totaling five thousand dollars ($5,000) or more toward the leaseback project.

title: 5. LOCAL AGENCIES

article: 9. Public Leasebacks


kind: section

code: GOV

text:
The following definitions shall control the construction of this article:

(a) “Local agency” means any city, county, city and county, special district, or county service area.

(b) “Commission” means the Public Utilities Commission.

(c) “Privatization project” means any wastewater or sewerage project that is owned and operated by a corporation, partnership, or natural person pursuant to a franchise, license, or service agreement with a local agency or any agency of that local agency pursuant to which services are supplied for the benefit of the local agency, its residents, or both, or any agency of the state. “Privatization project,” as used in this article, includes the Santa Ana Watershed Project Authority’s Arlington Basin Groundwater Desalter Project, which will treat groundwater contaminated by wastewater.

(d) “Project” includes, but is not limited to, financing, designing, constructing, repairing, replacing, maintaining, and operating collector systems, pumping stations, treatment plants, and lateral interceptors, and outfall sewers.

(e) “Privatizer” means any corporation, partnership, or natural person, excluding municipal corporations, which owns and operates a wastewater or sewerage project pursuant to a franchise, license, or service agreement with a local agency.

history: (History: Added by Stats. 1985, Ch. 1430, Sec. 4.)

division: 2. CITIES, COUNTIES, AND OTHER AGENCIES

title: 5. LOCAL AGENCIES

chapter: 5. Property

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 5. Property > 10. The Local Government Privatization Act of 1985


text:
(a) A local agency may, pursuant to this article, authorize, grant, or enter into one or more exclusive or nonexclusive franchise, license, or service agreements with a privatizer for the design, ownership, financing, construction, maintenance, or operation of a privatization project.

(b) A local agency may enact any measures necessary and convenient to carry out this article.

(c) Pursuant to Section 25215.6, within a county service area, a county board of supervisors may charge a standby charge for sewer service for a privatization project pursuant to this article. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the county may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the county shall comply with the notice, protest, and hearing procedures in Section 53753.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 6. Effective January 1, 2009.)

title: 5. LOCAL AGENCIES

article: 10. The Local Government Privatization Act of 1985


text:
(a) In accordance with Section 10013 of the Public Utilities Code, prior to signing a proposed franchise, license, or service agreement with a local agency, a privatizer shall apply to the commission for a determination that the proposed privatization project is not a public utility within the meaning of Section 216 of the Public Utilities Code and is therefore exempt from commission regulation. The application shall include such information as the commission requires to make this determination, as well as any information needed to comply with subdivisions (d) and (e) of Section 10013 of the Public Utilities Code.

(b) A local agency may contract with the commission for any technical assistance deemed necessary to comply with Section 10013 of the Public Utilities Code and shall reimburse the commission for estimated reasonable costs. The local agency may charge the privatizer a fee to pay these costs.

history: (History: Amended by Stats. 1992, Ch. 669, Sec. 1. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES


text:
No proposed franchise, license, or service agreement for a privatization project pursuant to this article shall be entered into between a local agency and a privatizer unless and until all of the following occur:

(a) The local agency has selected the privatizer through a competitive procedure which is not based solely on the price offered by the privatizer.

(b) The local agency has evaluated the project’s design, capacity, financial feasibility, and cost compared with other conventional financing methods, as well as other alternatives to the project and found that the project’s costs will be equal to, or lower than, conventional financing.

(c) The local agency has conducted a noticed public hearing on the proposed franchise, license, or service agreement. The notice for the public hearing shall be published pursuant to Section 6062 and shall contain, at a minimum, all of the following:

(1) A statement describing the proposed privatization project, including its cost and service area.

(2) A statement of the time and place of the public hearing to be held for the purpose of hearing public comments on the proposed franchise, license, or service agreement for the privatization project.

(3) A statement of where and when the proposed franchise, license, or service agreement will be available for public inspection prior to the hearing.

(d) The local agency has adopted the contingent franchise, license, or service agreement for a privatization project by ordinance which states that it is subject to the provisions for referendum applicable to a local agency and to approval by the commission pursuant to Section 10013 of the Public Utilities Code.

(e) The local agency retains ownership over any treated effluent from the privatization project that is not consigned to an outfall sewer but is made available for commercial or agricultural use.

(f) The agreement contains provisions stating it shall be subject to the state’s prevailing wage laws.

(g) The local agency has met and conferred with all affected employee organizations under whose jurisdiction the work or service proposed under the franchise, license, or service agreement would normally be performed. The local agency shall make all reasonable efforts to avoid reducing its existing work force or demoting its existing employees as a result of entering into the franchise, license, or service agreement. If any adverse impacts which are raised by either party during the meet and confer process are necessary, the local agency shall adopt by resolution detailed findings explaining the necessity for the adverse impacts.

(h) The local agency finds that the privatizer has the expertise to ensure the continued operation and maintenance of the privatization project. This expertise shall include, but not be limited to, an adequate number of personnel certified in wastewater treatment plant operations pursuant to Chapter 9 (commencing with Section 13625) of Division 7 of the Water Code.

(i) The agreement contains provisions to ensure that the privatization project is operated to meet any applicable federal or state water quality standards or other laws.

history: (History: Amended by Stats. 1992, Ch. 669, Sec. 2. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES


text: A local agency’s compliance with Section 54253 shall constitute compliance with Division 3 (commencing with Section 6001) of the Public Utilities Code.

title: 5. LOCAL AGENCIES


text:
(a) Any ordinance subject to referendum under Section 54253 shall be published after adoption as required by law for ordinances of the local agency generally, or, if there is no requirement applicable to the ordinance, then once pursuant to Sections 6040 to 6044, inclusive, within 15 days after the adoption of the ordinance.

(b) If a local agency does not otherwise have statutory power to enact an ordinance pursuant to Section 54253, the governing body of the local agency may introduce and enact an ordinance at any regular or adjourned regular meeting by a majority vote of all of its members. If ordinances of a local agency are not otherwise subject to referendum, then the local agency may proceed as follows:

(1) The governing body of the local agency may refer any ordinance enacted pursuant to Section 54253 to the electors of the local agency in the same manner as the board of supervisors of a county may refer county questions pursuant to Section 9140 of the Elections Code.

(2) The electors of the local agency shall have the right to petition for referendum on the ordinance in the same manner and subject to the same rules as are set forth in Sections 9141 to 9145, inclusive, of the Elections Code, except that all computations referred to in those sections and officers of the county mentioned in those sections shall be construed to refer to comparable computations and officers of the local agency.

(c) If the governing board of a local agency is an elected board, the electors of the local agency for the purposes of this section shall be the electors of the territory entitled to vote at elections for members of the governing board or in the case of county service area, the electors within the county service area. If a local agency does not have an elected governing board, the electors residing within the boundaries of the local agency who would be qualified to vote for candidates for Governor at any gubernatorial election shall be the electors of the local agency for the purposes of this section.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 80. Effective January 1, 1995.)

title: 5. LOCAL AGENCIES


text: In the event an ordinance enacted pursuant to Section 54253 authorizing a local agency to enter into a privatization project agreement is subjected to a successful referendum election, no ordinance authorizing the local agency to enter into a franchise, license, or service agreement for the same or substantially the same purpose shall be passed by that local agency for a period of one year from the date of the referendum, repeal, or rescission.

title: 5. LOCAL AGENCIES


text:
The Legislature finds and declares all of the following:

(a) In the early decades of California’s statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the “Act for the Government and Protection of Indians,” which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering.

(b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, California’s first Governor declared “[t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected.” Subsequently, the state authorized $1,290,000 in 1850’s dollars to subsidize these militia campaigns.

(c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds.

(d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to California’s Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples.

(e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter “policy”) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples.

(f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things.

(g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use.

(h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance.

history: (History: Added by Stats. 2021, Ch. 291, Sec. 1. (SB 712) Effective January 1, 2022.)

title: 5. LOCAL AGENCIES

article: 11. Native American Ancestral Lands

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 5. Property > 11. Native American Ancestral Lands


text:
For the purposes of this article, the following terms shall have the following meanings:

(a) “Economic benefits” may include, but are not limited to the following:

(1) Employment growth.

(2) Housing development.

(3) Infrastructure and environmental improvements.

(4) Assistance to schools and education.

(5) Assistance to public safety agencies and departments.

(6) Assistance to nonprofit organizations.

(b) “Fair evaluation of a fee-to-trust application” means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis.

(c) “Fee-to-trust” refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151).

(d) “Local government” as used in this article refers to a county, a city, a city and county, and a special district.

title: 5. LOCAL AGENCIES

article: 11. Native American Ancestral Lands


text:
(a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands.

(b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications.

(c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application.

(d) (1) A local government that opposes a fee-to-trust application shall do both of the following:

(A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribe’s economic contribution to the local jurisdiction in the last five years.

(B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local government’s request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response.

(2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government.

title: 5. LOCAL AGENCIES

article: 11. Native American Ancestral Lands


text:
As used in this chapter:

(a) “Local agency” means county, city, or any public district empowered to distribute water or engage in flood control.

(b) “United States” includes any department, board, agency, or officer thereof.

(c) “State” means the State of California or any department, agency, or officer thereof.

history: (History: Added by Stats. 1959, Ch. 2084.)

title: 5. LOCAL AGENCIES

chapter: 5.5. Water Research and Development

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 5.5. Water Research and Development


text: For the purpose of carrying out the objective of Public Law 85-883, September 2, 1958, 72 Stat. 1706 (42 U.S.C. 1958a-1958g), which contemplates the construction, operation, and maintenance of a sea water conversion demonstration plant upon the West Coast of the United States, or any other act of Congress relating to sea water conversion plants which requires or contemplates local participation, any local agency acting directly, or by entering into a contract or contracts with the State, the United States, or any other local agency or agencies, or with any combination of them, may acquire, construct, operate, and maintain any sea water conversion demonstration plant as defined in Public Law 85-883 and all works and facilities necessary therefor. A local agency may also acquire water, sea water, and energy necessary therefor, may sell or buy or lease any such plant, or the products of any such plant, acquired or constructed under this chapter or under any act of Congress, may acquire and operate and maintain any sea water conversion plant or demonstration plant, and may make available to the State or the United States upon such terms as are mutually agreeable any funds or real or personal property of the local agency.

title: 5. LOCAL AGENCIES


text: This chapter may be cited as the Revenue Bond Law of 1941.

history: (History: Amended by Stats. 1953, Ch. 526.)

title: 5. LOCAL AGENCIES

chapter: 6. Revenue Bond Law of 1941

article: 1. Definitions and General Provisions

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 1. Definitions and General Provisions


text: This chapter is full authority for the issuance of bonds and the acquisition, construction, or improvement of any enterprise pursuant to this chapter.

history: (History: Added by Stats. 1949, Ch. 81.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: This chapter is intended to provide to any local agency heretofore or hereafter created or authorized to be created an alternate method of financing any enterprise (as said term is hereinafter defined), unless the issuance of bonds as defined in Section 54313 is specifically prohibited to such local agency by the Constitution of the State of California or by the law or charter pursuant to which such local agency is organized and operates.

history: (History: Added by Stats. 1953, Ch. 526.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: The powers conferred by this chapter are in addition to, and the limitations imposed by this chapter do not affect, the powers conferred by any other law.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: If this chapter is inconsistent with any other law, this chapter is controlling.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: This chapter shall be liberally construed to promote its objects.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: If the jurisdiction of the legislative body to order the proposed act is not affected, the defect or omission of any officer or any local agency in proceedings under this chapter does not invalidate the proceedings or bonds issued under this chapter.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: The terms defined in this article have the meanings set forth unless the context requires a different meaning.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Local agency” means any city, county, city and county, or any municipal or public corporation or district which is authorized to acquire, construct, own, or operate any enterprise as defined in Section 54309.

history: (History: Amended by Stats. 1979, Ch. 373.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text:
“Local agency” also means any entity or agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for the purpose of acquiring, constructing, maintaining, or operating an enterprise for the collection, treatment, or disposal of sewage, waste, or storm water.

(a) Any proposition submitted to an election held within such local agency or entity for the purpose of authorizing bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition. Such election shall be held within the combined territory of all agencies which, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, have jointly created such local agency or entity; provided that if a public agency has entered into an agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 on behalf of a county service area, improvement zone, improvement district, maintenance district, or other zone or area, only the territory of such county service area, improvement zone, maintenance district, improvement district, or other zone or area shall be included in the combined territory in which the election shall be held.

(b) If compliance with a water quality control plan, adopted pursuant to Division 7 (commencing with Section 13000) of the Water Code, requires the construction of facilities for the collection, treatment, or disposal of sewage, waste, or storm water, and if the appropriate regional water quality control board, in a cease and desist order or by other action of the board, finds or determines that immediate action for the planning and construction of such facilities is urgently needed for the compliance with such plan and the prevention of pollution, the election procedures of Article 3 (commencing with Section 54380) of this chapter shall not be applicable, but undertaking the improvement shall be subject to referendum on the issuance of bonds. The resolution of the local agency or entity authorizing the issuance of bonds pursuant to this chapter shall be subject to referendum within the combined territory of all the agencies which, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, have created such local agency or entity. Referendum procedures shall, as nearly as practicable, be those specified in Section 6547.2.

For the purposes of Section 6547.2, however, “local agency” shall mean the local agency or entity authorizing the issuance of bonds. The electors of such local agency for the purposes of such section shall be the electors residing within the boundaries of the local agency or entity who would be qualified to vote for candidates for Governor; provided that, should all of the parties to the agreement be “landowner-voter districts” as defined in Section 56048, the agreement shall provide which principal district act shall apply for the purpose of determining voter qualifications, manner of voting, and number of votes each voter is entitled to cast. A majority vote against the issuance of bonds shall have the effect of rescinding the resolution authorizing the issuance of bonds.

In the event that all parties to the agreement are “landowner-voter districts” as defined in Section 56048, and the agreement fails to specify which principal act shall apply for the purposes of determining voter qualifications, voting shall occur in the manner specified in Division 13 (commencing with Section 34000) of the Water Code.

(c) Such local agency or entity shall have the power to utilize any part of its waste or storm water or any parts of the enterprise acquired or constructed through the issuance of bonds of the local agency or entity to provide, generate, and deliver hydroelectric power, and may acquire, construct, operate, and maintain any and all works, facilities, improvements, and property necessary or convenient for such utilization.

(d) Such local agency or entity shall have the power (1) pursuant to contract, to provide, sell, and deliver hydroelectric power to the federal government or to any board, department, or agency thereof, to the State of California for purposes of the State Water Resources Development System, and to any public agency, private corporation, or any other person or entity, or any combination thereof, engaged in the sale of electric power at retail; or (2) to use all or any part of such hydroelectric power directly, or indirectly through exchange, in exercising any other power of such local agency or entity.

(e) Such local agency or entity shall have the power to acquire, construct, maintain, and operate works, facilities, improvements, and property necessary for the provision, generation, and delivery of hydroelectric power pursuant to subdivisions (c) and (d) of this section.

history: (History: Amended by Stats. 1978, Ch. 333.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Local agency” also means any joint powers agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for the generating, producing, or transmitting of electric energy for lighting, heating, and power for public or private uses. In lieu of holding an election within the joint powers agency, upon the adoption by the joint powers agency of the resolution referred to in Article 3 (commencing with Section 54380) of this chapter, each member public agency of the joint powers agency whose revenues are to be pledged to secure the bonds shall implement such resolution by conducting the election within its boundaries in accordance with the provisions of this chapter. The proposition authorizing the bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition within each of such public agencies.

history: (History: Added by Stats. 1974, Ch. 953.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Local agency” also means any entity or agency created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose of acquiring, constructing, maintaining, or operating systems, plants, buildings, works or other facilities or property for the purposes of disposal, treatment, or conversion to energy and reusable materials of solid waste. Any proposition submitted to an election held within such local agency for the purpose of authorizing bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition. Such an election shall be held within the combined territory of all local agencies which, pursuant to such Article 1, have jointly created such entity or agency.

history: (History: Added by Stats. 1978, Ch. 1011.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: Issuance of bonds for the construction of facilities for the generation, production, or transmission of electric energy by wind for lighting, heating, and power for public or private uses, shall not be subject to the election procedures of Article 3 (commencing with Section 54380), but undertaking the improvement, and the issuance of bonds therefor, shall be authorized by ordinance or resolution of the local agency governing board, and shall be subject to referendum.

history: (History: Added by Stats. 1981, Ch. 320, Sec. 1.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Law” includes the charter of a local agency.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text:
“Enterprise” means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for any of the following purposes:

(a) The obtaining, conserving, treating and supplying of water for domestic use, irrigation, sanitation, industrial use, fire protection, recreation, or any other public or private uses.

(b) The collection, treatment or disposal of garbage or refuse matter.

(c) The collection, treatment or disposal of sewage, waste or storm water, including drainage.

(d) The providing of public parking lots, garages, or other automotive or vehicular parking facilities, including any and all public offstreet vehicular parking facilities.

(e) The providing of public transportation by means of a ferry or ferry system.

(f) The providing of public airports and facilities appurtenant thereto.

(g) The providing of harbors, including without limitation public small boat harbors, and facilities and improvements in connection therewith.

(h) The providing of hospitals and facilities appurtenant thereto.

(i) The providing of public golf courses, and facilities and improvements in connection therewith.

(j) The generation, production, or transmission of electric energy for lighting, heating, and power for public or private uses.

history: (History: Amended by Stats. 1974, Ch. 953.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text:
“Enterprise” includes, but is not limited to, all parts of the enterprise, all appurtenances to it, and:

(a) Lands, easements, rights in land, water rights, contract rights, and franchises;

(b) Approaches, dams, reservoirs, trunk, connecting, and other water mains, filtration works, pumping stations, water supply, storage, and distribution facilities and equipment;

(c) Garbage trucks, equipment, dumps, garbage disposal plants, and incinerators or other disposal facilities, including facilities to sort and prepare components of solid waste for sale and facilities to convert solid waste to energy and reusable materials;

(d) Sewage treatment plants, sewage disposal plants, intercepting and collecting sewers, outfall sewers, trunk, connecting, and other sewer mains;

(e) The franchises or licenses to operate a ferry or ferry system, all boats and vessels, all land and interest in land, all slips, wharves, piers, landing places, approaches, and all facilities and equipment used in the maintenance and operation of a ferry or ferry system, or harbor, including small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities;

(f) Ambulances, both inpatient and outpatient facilities, laboratories, pharmacies, surgical instruments, and equipment of such nature as may be reasonably necessary for the treatment of patients; and

(g) All buildings, structures, improvements, equipment, ditches, canals, and facilities whatsoever appurtenant or relating to the enterprise.

history: (History: Amended by Stats. 1978, Ch. 1011.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text:
“Enterprise” does not include, and this chapter does not authorize a local agency to borrow money and issue bonds for, systems, plants, works, or undertakings for:

(a) The distribution of electric energy for lighting, heating, and power for public or private uses.

(b) The generation, production, transmission, and distribution of gas for public or private uses.

These exclusions shall not apply to systems, plants, works, or undertakings which result in conversion to energy and reusable materials of solid waste as defined in Section 66719.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: Subject to the limitations of Sections 54309 and 54310, in any resolution calling an election for the issuance of bonds for acquiring, constructing, improving, or financing any enterprise, the legislative body may define “enterprise” and that definition applies to the bonds authorized at the election.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Improve” means reconstruct, replace, extend, repair, better, equip, develop, embellish, or otherwise improve.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Bonds” means bonds, notes, or other obligations issued by a local agency pursuant to this chapter and payable exclusively from revenues of an enterprise and from any or all of the other funds referred to in Section 54478 upon which the bonds, notes, or other obligations are to be made a charge and from which they are to be payable.

history: (History: Amended by Stats. 1990, Ch. 1130, Sec. 1.)

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Charges” includes fees, tolls, rates, and rentals.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: “Revenues” mean all charges received for, and all other income and receipts derived by the local agency from, the operation of the enterprise or arising from the enterprise. Revenues include revenue deposited in a sinking, redemption, or reserve fund or other fund to secure the bonds or to provide for the payment of them or the interest on them.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text:
“Holder of bonds” or “bondholder” means:

(a) The bearer of any outstanding bond registered to bearer or not registered.

(b) The registered owner of an outstanding bond registered other than to bearer at the time.

title: 5. LOCAL AGENCIES

article: 1. Definitions and General Provisions


text: A local agency may acquire any enterprise by gift, purchase, or eminent domain.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 2. Powers of a Local Agency


text: A local agency may construct or improve any enterprise wholly or partially within or wholly without the local agency. By gift, lease, purchase, eminent domain, or otherwise, it may acquire any real or personal property, or any interest in or improvement on any such property, or any water rights for an enterprise, except that no property of a state public body may be acquired without its consent. A local agency may sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property or any interest in such property. It may lay out, open, extend, widen, straighten, establish or change the grade of any real property or public rights of way necessary or convenient for any enterprise.

history: (History: Amended by Stats. 1953, Ch. 811.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: A local agency may operate, maintain, repair, or manage all or any part of any enterprise, including the leasing for commercial purposes of surplus space or other space which it is not economic to use for such enterprise.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may adopt reasonable rules or regulations for the conduct of the enterprise.

history: (History: Added by Stats. 1955, Ch. 602.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: A local agency may prescribe, revise, and collect charges for the services, facilities, or water furnished by the enterprise.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may provide that charges for any sewer enterprise or service shall be collected together with and not separately from the charges for any other utility service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.

history: (History: Amended by Stats. 1949, Ch. 1506.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text:
(a) If all or part of the bill is not paid, the local agency may discontinue any and all service for which the bill is rendered.

(b) Commencing January 1, 1982, if all or part of the bill is not paid, and the ratepayer states the reason for the nonpayment of a component or components of the bill, the local agency may discontinue only that service related to the component of the bill which is not paid, except that if all or part of the component of the bill related to sewer service is not paid the water service may also be discontinued.

However, if any of the services for which the bill was rendered were financed pursuant to revenue bonds issued prior to January 1, 1982, and which have not been retired, the local agency may apply the provisions of subdivision (a).

(c) The provisions of this section shall apply to counties and cities, whether general law or chartered.

history: (History: Amended by Stats. 1981, Ch. 786, Sec. 1.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may enter into a written contract with a privately owned public utility rendering other than gas or electric service, that the charges for any sewer enterprise or service shall be collected together with and not separately from the charges of said privately owned public utility for any other utility service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.

history: (History: Added by Stats. 1949, Ch. 1506.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: If all or any part of the bill of any privately owned public utility on which any sewer enterprise or service charge is collected is not paid, the privately owned public utility may discontinue its utility service until said bill is paid.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the facilities, service or water furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the local agency and such person, firm or corporation may so provide.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text:
(a) A local agency whose jurisdiction is geographically coextensive with the county in which it operates, acquires, constructs, or improves a system, plan, works, facilities, or undertaking for the collection, treatment, or disposal of storm water, including drainage, may, with the concurrence of the county, provide for the collection of the agency’s charges in the same manner, and subject to the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on behalf of the local agency. However, if, for the first year the charges are prescribed, the property served by the agency has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of county taxes would become delinquent, the charge shall not result in a lien against the real property but shall be transferred to the unsecured roll.

(b) If the charges are collected by the county, the county may deduct its reasonable costs incurred for the service before remittal of the balance to the local agency’s treasury.

history: (History: Added by Stats. 1992, Ch. 1208, Sec. 2. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text:
The local agency may provide for the collection of charges. Provisions may be made for, but are not limited to:

(a) The granting of discounts for prompt payment of bills.

(b) The requiring of deposits or the prepayment of charges in an amount not exceeding one year’s charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which said services and facilities are to be used; provided, however, that in case of nonpayment of all or part of a bill said deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and costs of collection.

(c) The requiring of a guaranty by the owner of property that the bills for service to said property or the occupants thereof will be paid.

history: (History: Amended by Stats. 1955, Ch. 602.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. Said basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the charges and basic penalty. On the first day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties herein provided for.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may issue bonds for funds to acquire, construct, improve or finance an enterprise. The bonds may be secured pursuant to this chapter.

history: (History: Amended by Stats. 1953, Ch. 526.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: A local agency has police power over any enterprise acquired, constructed, or improved pursuant to this chapter and may make and enforce all necessary regulations to protect the public health in the operation and maintenance of the enterprise.

history: (History: Added by Stats. 1949, Ch. 81.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: If the local agency acquires, constructs, or improves a sanitation or garbage removal or disposal system, it may require its inhabitants to use the facilities exclusively.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: If the local agency acquires, constructs, or improves a sewer system pursuant to this chapter, it may declare that the further maintenance or use of cesspools or other local means of sewage disposal constitutes a public nuisance. If the buildings are within a reasonable distance, but not more than two hundred feet, from connection with the sewer system, the local agency may require all buildings inhabited or used by human beings and in which any sewage is produced to be connected with the sewer system within the period prescribed by it, but not less than thirty days from the time when such a connection can be made, as may be prescribed by the local agency.

history: (History: Amended by Stats. 1949, Ch. 1492.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the local agency in any court of competent jurisdiction against the person or persons who occupied or, in the case of unoccupied property, who owned the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of said persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

history: (History: Amended by Stats. 1970, Ch. 1174.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: A local agency that acquires, constructs, or improves a system, plant, works, facilities or undertaking for the collection, treatment, or disposal of sewage or for the obtaining, conserving, treating, and supplying of water, or for the collection, treatment, or disposal of storm water, including drainage, may declare in the resolution or ordinance prescribing or revising charges for the services or facilities furnished by the enterprise that delinquent charges and all penalties thereon when recorded as in this chapter provided shall constitute a lien upon the real property served. However, no lien shall be created against any publicly owned property. A lien shall continue until the charge and all penalties thereon are fully paid or the property sold.

history: (History: Amended by Stats. 1992, Ch. 1208, Sec. 3. Effective January 1, 1993.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text:
A resolution or ordinance prescribing or revising charges for the services or facilities furnished by the enterprise and declaring that delinquent charges and penalties when recorded as provided in this chapter shall constitute a lien upon the real property served shall not be adopted until the legislative body has given notice of and held a hearing thereon substantially as provided by this section; provided, however, that nothing herein shall be construed to prevent the local agency from prescribing, revising and collecting charges sufficient in amount to comply with Section 54515 or any other provision of this chapter or any provision or convenant in the proceedings for the issuance of any outstanding revenue bonds of the local agency payable from the revenues of the enterprise.

(a) The notice of the hearing shall be given by the clerk or secretary of the legislative body and shall contain a copy of the proposed resolution or ordinance. Said notice shall state the time and place for a hearing on said proposed resolution or ordinance, and that at said time and place any person interested, including all persons owning property in the local agency, may appear and be heard as to whether the proposed rates and charges are discriminatory or excessive, or will not be sufficient under Section 54515, or will not comply with any other provision of this chapter, or will not be sufficient under the provisions or covenants of any outstanding revenue bonds of the local agency payable from the revenues of the enterprise, or on any other matter relating to said proposed resolution or ordinance or the rates or charges proposed therein.

(b) Said notice shall be published at least once each week for two weeks prior to the hearing in a newspaper published in the local agency. If there is no newspaper published in the local agency, said notice shall be posted in three public places in the local agency for not less than two weeks prior to the hearing. The first publication or posting of the notice shall be at least 15 days prior to the date of hearing.

(c) At the time and place fixed in said notice for the hearing, the legislative body shall hold said hearing and may adjourn said hearing from time to time and may adjourn said hearing to a different place if deemed necessary. At the hearing any person interested, including all persons owning property in the local agency, may appear and be heard on the matters set forth in the notice. At the hearing the legislative body may change or modify the proposed rates and charges; provided, however, that no rate or charge shall be raised or increased from that set forth in the proposed resolution or ordinance, unless notice of intention to make said increase shall be published once or posted at least 10 days prior to the hearing on the proposed change.

(d) At the conclusion of the hearing the legislative body may determine that the proposed rates and charges, as originally proposed or modified as provided herein, are not discriminatory or excessive, and will be sufficient under Section 54515 and will comply with the provisions of this chapter and will be sufficient under the provisions or covenants of any outstanding revenue bonds of the local agency payable from the revenues of the enterprise and will be in compliance with law, and adopt said proposed resolution or ordinance as proposed or modified as provided herein.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The lien provided by Section 54354 shall attach when the treasurer or other officer whose duty it is to collect the charge records a list of delinquent unpaid charges and penalties thereon with the county recorder, stating the amount of each charge and the penalty thereon, a description of the real property upon which the same is a lien and the name of the local agency to which the same is payable. Such lien shall have the same force, effect, priority and duration as to the property described as would the lien of an abstract of a judgment against the owner of the real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien within one year from the date of recording by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1) or less.

history: (History: Amended by Stats. 1956, 1st Ex. Sess., Ch. 23.)

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon an action may be brought in the name of the local agency in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon. In such action a reasonable attorney’s fee shall be awarded plaintiff.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: Remedies for collecting and enforcing rates and charges set out in this chapter are cumulative and may be pursued alternately, or any thereof may be used consecutively when the legislative body so determines. If any one of said remedies is or may be invalid, all valid remedies shall remain effectual until the principal and interest of the bonds are fully paid. Any holder of any bond outstanding at any time may compel the use of any or all of the remedies herein provided. The costs of collection and enforcement of the remedies for the collection of charges may be paid from the revenues.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: The local agency may execute all instruments, perform all acts, and do all things necesssary or convenient in the exercise of the powers granted by this chapter or in the performance of its covenants or duties.

title: 5. LOCAL AGENCIES

article: 2. Powers of a Local Agency


text: By resolution of its legislative body to take effect upon adoption, a local agency may submit to its qualified voters, at an election held for that purpose, the proposition of issuing bonds pursuant to this chapter to provide funds for the acquisition, construction, improving or financing of an enterprise, including any or all expenses incidental thereto or connected therewith or any combination of two or more of such purposes.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 3. Authorization of Bonds


text: By a majority of all members, the legislative body may adopt the resolution at a regular or special meeting and at the same meeting at which it is introduced.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text:
The resolution shall:

(a) State the purpose for which the bonds are proposed to be issued.

(b) State the estimated cost of the acquisition, construction, improvement and financing.

(c) State the principal amount of the bonds.

(d) State the maximum rate of interest on the bonds, which shall not exceed the maximum rate specified in Section 53531. That rate may be either fixed or variable, and shall be payable at the times and in the manner specified in the resolution.

(e) Fix the election date.

(f) Fix the manner of holding the election.

(g) Fix the manner of voting on the issuance of the bonds.

(h) State that in all other particulars the election shall be held and the votes canvassed pursuant to law for general municipal elections in such local agencies.

history: (History: Amended by Stats. 1990, Ch. 1130, Sec. 2.)

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text: The proposition may be submitted at an election for other propositions.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text: The resolution shall state that the bonds are to be revenue bonds, payable exclusively from the revenues of the enterprise and from such of the other funds referred to in Section 54478 as shall be specified in the resolution, and the resolution shall also state that the bonds are not to be secured by the taxing power of the local agency.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text: The resolution shall be published once a day for at least seven days in a newspaper published at least six days a week in the local agency or published once a week for two succeeding weeks in a newspaper published less than six days a week in the local agency. If there are no such newspapers, the resolution shall be posted in three public places in the local agency for two succeeding weeks.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text: The votes of a majority of all the voters voting on the proposition are required to authorize the issuance of the bonds.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text: If the issuance of the bonds is authorized at the election, the legislative body shall provide for their issuance and sale by resolution to take effect upon adoption.

title: 5. LOCAL AGENCIES

article: 3. Authorization of Bonds


text:
The legislative body may determine and provide in the resolution for:

(a) The number of series in which the bonds are to be issued.

(b) The date the bonds are to bear.

(c) The maturity dates of the bonds, not exceeding forty years from their respective dates.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 4. Provisions Relating to Bonds


text: If the legislative body divides any issue of bonds into series, it may prescribe, and state in the resolution, different dates for the bonds of each series. The maximum maturity date of each series shall be calculated from the date on the face of each bond separately.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text:
The legislative body may determine and provide in the resolution for:

(a) The issuance of any bonds or a series in the form of serial bonds or sinking fund bonds with serial or term maturities.

(b) The interest of the bonds either fixed or variable, the rate or rates, payable at the times and in the manner specified therein. Under no conditions may the annual fixed or variable interest rate exceed the maximum rate specified in Section 53531 of the Government Code.

(c) The denomination of the bonds.

(d) The form of the bonds, coupon, registered, or book entry.

(e) The registration and conversion privileges of the bonds.

(f) The manner in which the bonds are to be executed.

(g) The medium and place of payment.

(h) The terms of redemption, with or without a premium.

history: (History: Amended by Stats. 1990, Ch. 1130, Sec. 4.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Any premium payable on the bonds shall be in the amount or amounts specified by the legislative body.

history: (History: Repealed and added by Stats. 1990, Ch. 1130, Sec. 6.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The bonds are not subject to call or redemption prior to their fixed maturity date unless the right to exercise a call is expressly stated on the face of the bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The resolution may provide the terms and conditions upon which the bonds may be declared or become due and payable upon specified defaults.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The resolution may provide for the replacement of mutilated, destroyed, stolen, or lost bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: By resolution, the legislative body may provide the manner for authenticating the bonds and other terms to be contained in the bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Pending the preparation of the definitive bonds, interim receipts or temporary bonds, exchangeable for definitive bonds may be issued in the form and with the provisions the legislative body determines.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: In the absence of an express recital on its face that the bond or interim receipt is nonnegotiable, the bond or interim receipt is a negotiable instrument.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text:
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 enterprise.

(b) All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of said revenue bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed twelve months after completion of construction.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Bonds bearing the signature of officers of the local agency in office on the date of the signing are valid, notwithstanding that before delivery the persons signing have ceased to be officers.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The validity of the authorization and issuance of the bonds is not affected by proceedings for the acquisition, construction, or improving of the enterprise or by contracts in connection therewith.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Any resolution authorizing bonds may provide that the bonds may recite that it is issued pursuant to this chapter and bonds containing such recital are conclusively deemed valid and issued in conformity with this chapter.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Reference on the face of the bonds to the resolution by its date of adoption incorporates the provisions of the resolution and of this chapter into the bonds and their coupons.

history: (History: Amended by Stats. 1953, Ch. 369.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Each taker and subsequent holder of the bonds and attached or detached coupons has recourse to all of the provisions of the resolution and of this chapter and is bound by their terms.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The legislative body may issue and sell the bonds in the manner it determines.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The legislative body may sell the bonds in installments at different times or as an entire series of bonds at one time.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The legislative body may sell the bonds at a price above or below par in a manner, at public or private sale, as it determines by resolution. If the legislative body decides to sell the bonds at private sale rather than public sale, the local agency shall send a written statement to the California Debt Advisory Commission, no later than two weeks after the sale of the bonds, explaining the reasons for that decision.

history: (History: Amended by Stats. 1990, Ch. 1130, Sec. 7.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The sale price of all bonds sold shall include the interest accrued to the date of delivery of and payment for the bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The bonds are special obligations of the local agency and are secured by a pledge of and shall be a charge upon, and shall be payable, as to the principal thereof, interest thereon, and any premiums upon the redemption of any thereof, solely from and secured by a lien upon the gross revenues of the enterprise and such funds as are described in the resolution authorizing the issuance of the bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: By resolution the legislative body may pledge, place a charge upon, and assign all or any part of the gross revenues of the enterprise and of any and all funds referred to in Section 54478 for the security of the bonds. The gross revenues of the enterprise include revenues of improvements and extensions later constructed or acquired and revenues of existing systems, plants, works, or undertakings to be improved or extended or for the improvement or extension of which the bonds are to be issued.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The payment of interest on and principal of the bonds and any premiums upon the redemption of any thereof are secured by a pledge, charge, and lien upon the revenues of the enterprise and upon such other funds as shall be specified in the resolution authorizing the issuance of the bonds.

history: (History: Amended by Stats. 1990, Ch. 1130, Sec. 8.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The revenues and any interest earned on the revenues and all other funds specified in the resolution authorizing the issuance of the bonds constitute a trust fund for the security and payment of the interest on and principal of the bonds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: So long as any bonds or interest thereon are unpaid the revenues and interest thereon shall not be used for any other purpose, except as provided in Sections 54425 and 54426.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: If the interest and principal of the bonds and all charges to protect or secure them are paid when due an amount for the necessary and reasonable maintenance and operation costs of the enterprise, which costs include the reasonable expenses of management, repair and other expenses necessary to maintain and preserve the enterprise in good repair and working order, may be apportioned from the revenues, and subject to any limiting covenants in the resolution providing for the issuance of bonds, the remaining surplus may be used for any lawful purpose of the local agency.

history: (History: Amended by Stats. 1955, Ch. 395.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: In its discretion the legislative body may provide in the resolution providing for the issuance of the bonds that, the principal, interest, and sums for other security funds shall be paid from the revenues prior to paying the maintenance and operation costs of the enterprise.

history: (History: Amended by Stats. 1963, Ch. 1104.)

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Bonds of the same issue shall be equally secured by a pledge, charge, and lien upon the revenues of the enterprise and all other funds 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 chapter 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.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The general fund of the local agency is not liable for the payment of the bonds or their interest.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The credit or taxing power of the local agency is not pledged for the payment of the bonds or their interest.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The holder of the bonds or coupons shall not compel the exercise of the taxing power by the local agency or the forfeiture of its property.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The principal of and interest on the bonds and any premiums upon the redemption of any thereof are not a debt of the local agency, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues except the revenues of the enterprise and other funds that may be legally applied, pledged, or otherwise made available to their payment.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: Every bond shall recite in substance that the principal of and interest on the bond are payable solely from the revenues and other funds pledged or otherwise made available to its payment and that the local agency is not obligated to pay it except from the revenues of the enterprise and from such other funds.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: The bonds and interest or income from the bonds are exempt from taxation in this State, except from gift, inheritance, and estate taxes.

title: 5. LOCAL AGENCIES

article: 4. Provisions Relating to Bonds


text: In the resolution authorizing the bonds, the legislative body may insert any of the provisions authorized by this article, which shall become a part of the contract with the bond holders.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 5. Additional Powers to Secure Bonds


text:
The legislative body may provide limitations on:

(a) The purpose to which the proceeds of sale of any issue of bonds may be applied.

(b) The issuance of additional bonds for the same purpose and on the lien of additional bonds.

(c) The right of the local agency to restrict and regulate the use of the enterprise.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text:
The legislative body may provide for the amount and kind of insurance on the enterprise including insurance against:

(a) Accident to or destruction of any enterprise from any or all risks.

(b) Loss of revenues from an enterprise.

(c) Public liability or property damage and workmen’s compensation.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: It may provide for other insurance carried by private companies on property or risks on the same or similar enterprises.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for the use and disposition of insurance money.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: Without limiting the authority granted, the legislative body may specifically provide that money collected from insurance against accident to or destruction of the physical enterprise shall be used for repairing or rebuilding the damaged or destroyed enterprise. The legislative body may provide that if the money is not so applied within a period specified by the local agency, it shall be applied to the retirement of any outstanding and unredeemed bonds issued for the enterprise.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may also specifically provide that the proceeds of insurance against loss of revenue shall be used solely for the payment and retirement of the bonds issued for acquisition, construction, or improvement of the enterprise.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may insert in the resolution covenants against the mortgaging or otherwise encumbering, selling, leasing, pledging, placing any charge upon, or disposing of the enterprise or any of its revenues or any other funds pledged or otherwise made available to secure payment of the principal of and interest on the bonds.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: It may insert covenants against the entering into any agreement which impairs the operation of the enterprise or any part of it necessary to secure adequate revenues to pay the principal and interest of the bonds or which otherwise would impair the rights of the bondholders with respect to the revenues or the operation of the enterprise.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for events of default and terms upon which the bonds may be declared due before maturity and the terms upon which the declaration and its consequences may be waived.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for the rights, liabilities, powers, and duties arising upon the local agency’s breach of any covenants, conditions, or obligations.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for the vesting in a trustee of the right to enforce covenants to secure payment of or in relation to the bonds and the trustee’s powers, duties, and the limitation of his liabilities.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for the terms upon which the bondholders or any percentage of them may enforce covenants or duties imposed by this chapter.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide in the resolution for a procedure for amending or abrogating the terms of the resolution with the consent of the holders of a specified number of the bonds.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: Any resolution containing such a procedure may also provide for meetings of bondholders or for their written assent without a meeting and the manner of consenting, with or without a meeting.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The resolution shall specifically state the effect of amendment upon the rights of the holders of all of the bonds and attached or detached interest coupons and shall be binding upon the holders of all of the bonds and coupons issued pursuant to the resolution.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for the purchase out of any available funds of any outstanding notes, bonds, or other obligations, and the price at which, and the manner in which, the purchases may be made.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The legislative body may provide for any other acts and things necessary, convenient, or desirable to secure the bonds or tending to make them more marketable.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: Except as hereinafter provided in this section, this chapter does not authorize any local agency to make any covenants, to perform any act, or to do anything which requires expending any funds other than revenues received or receivable from the enterprise and such other funds from any source as are legally available for such purpose and may be used by the local agency for such purpose without incurring indebtedness. Notwithstanding any other provision of this chapter, (a) a local agency may pledge, place a charge upon, contribute, or otherwise make available, as additional security for the payment of any bonds issued pursuant to this chapter for the purpose of providing funds for the acquisition, construction, improving or financing of public parking lots, garages, or other automotive parking facilities, any or all revenues or funds derived from any or all street parking meters then owned or controlled or thereafter acquired or controlled by such local agency; and (b) a local agency may also pledge, place a charge upon, or otherwise make available, as additional security for the payment of any bonds issued pursuant to this chapter any funds, including contributions, from any source which the local agency may legally apply to such purpose, excepting, however, any and all proceeds of taxation.

title: 5. LOCAL AGENCIES

article: 5. Additional Powers to Secure Bonds


text: The duties prescribed by this article shall be performed by the local agency or its proper officers, agents, or employees.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 6. Duties of Local Agencies


text: Such performance is of the essence of the local agency’s contract with the bondholders.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The local agency shall pay or cause to be paid the principal and interest of the bonds on the date, at the place, and in the manner mentioned in the bonds and coupons and in accordance with the resolution authorizing their issuance.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: Subject to the provisions of Section 54516.1, the local agency shall operate the enterprise in an efficient and economical manner.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: Subject to the provisions of Section 54516.1, the local agency shall prescribe, revise, and collect such charges that the services, facilities or water of the enterprise are furnished at the lowest possible cost consistent with sound economy, and prudent management, and the security and payment of the principal and interest of the bonds.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text:
After making allowances for contingencies and error in the estimates, the charges, together with any other funds which under this chapter can legally be, and which are, pledged or otherwise made available for the respective purposes hereinafter set forth, shall be at least sufficient to pay the following amounts in the order set forth:

(a) The interest on and principal of the bonds as they become due and payable.

(b) All payments required for compliance with the resolution authorizing the issuance of the bonds or any other contract with the bondholders, including the creation of sinking and reserve funds.

(c) All payments to meet any other obligations of the local agency which are charges, liens, or encumbrances upon, or payable from, the revenues of the enterprise.

(d) All current expenses of maintenance and operation of the enterprise, except that if the legislative body provides in the resolution calling the election that maintenance and operation costs of the enterprise shall be paid from the revenues prior to the principal, interest and sums for other security funds, then the current expenses of such maintenance and operation shall precede any other payments provided in this section.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: Subject to the provisions of Section 54516.1, the local agency shall operate, maintain and preserve the enterprise in good repair and working order.

history: (History: Amended by Stats. 1953, Ch. 811.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text:
Subject to the provisions and limitations of any resolution authorizing the issuance of bonds and to the conditions specified in Section 54516.2 of this code, the local agency may contract, upon such terms and conditions as it may determine, with any person, firm or corporation, for the operation or management of an enterprise. Each such contract shall provide that all consideration to be paid thereunder shall be payable solely from the revenues of the enterprise, and all consideration under any such contract payable by the local agency shall be paid only from such revenues. A local agency shall not by any such contract transfer or attempt to transfer to any person, firm or corporation, or in any way restrict the exercise of the local agency’s legal powers and duties concerning:

(a) The issuance and sale of bonds to provide funds for the acquisition, construction, improving or financing of the enterprise;

(b) The payment of the principal of and interest on such bonds;

(c) The receipt, handling and disbursement of and accounting for the proceeds of sale of the bonds;

(d) The fixing of fees, tolls, rates, rentals and other charges for the services, facilities or water furnished by the enterprise;

(e) The accounting for the revenues, receipts and other funds of the enterprise; and

(f) The making and enforcing of ordinances and regulations to protect and promote public health and safety in connection with the enterprise and its operation.

history: (History: Added by Stats. 1953, Ch. 811.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text:
The local agency shall let contracts made by it pursuant to Section 54516.1 to the lowest qualified responsible bidder after the publication of a notice inviting bids two or more times, not less than five days apart, in a newspaper of general circulation printed and published in the city. If there is no newspaper of general circulation printed or published in the city, copies of the notice shall be posted in at least three public places in the city. Publication shall be commenced or notice posted not less than 15 days prior to the date set in the notice for the opening of bids.

The notice inviting bids shall distinctly and specifically describe the enterprise involved and the period of time for which the enterprise is to be operated or managed.

If no bid which the local agency finds to be reasonable and valid is received upon the original advertising, the local agency need not readvertise.

history: (History: Amended by Stats. 1957, Ch. 364.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: If the enterprise is a hospital, the local agency may provide for the administration, operation and maintenance of the whole or any part of the enterprise and for such purpose may enter into any lease agreement or contract which it believes will best serve the interest of the local agency by publication of notice inviting bids pursuant to Section 54516.2. Before entering into any such lease or contract, the local agency must first hold a public hearing on the question after publication or posting of notice thereof given in the same manner and for the same time as a notice inviting bids is required to be given by Section 54516.2.

history: (History: Added by Stats. 1959, Ch. 1556.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The local agency shall preserve and protect the security of the bonds and the rights of the bondholders and warrant and defend their rights against all claims and demands of all persons.

history: (History: Added by Stats. 1949, Ch. 81.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: In order to fully preserve and protect the priority and security of the bonds the local agency shall pay and discharge all lawful claims for labor, materials, and supplies, which if unpaid may become a lien or charge upon the revenues prior or superior to the lien of the bonds or impair the security of the bonds.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The local agency shall hold in trust the revenues and other funds pledged to the payment of the principal of and interest on the bonds for the benefit of the bondholders and shall apply the same pursuant to the resolution authorizing the issuance of the bonds or to the resolution as modified. The local agency may invest funds held in reserve, or in any sinking fund, or funds not required for immediate disbursement, in property or securities in which cities may legally invest funds subject to their control. No such investment shall be made in contravention of any covenant or agreement in any resolution authorizing the issuance of any outstanding bonds.

history: (History: Amended by Stats. 1953, Ch. 526.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The local agency shall keep proper books of record and accounts of the enterprise, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the enterprise.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: At all times the books shall be subject to the inspection of the holders of not less than 10 percent of the outstanding bonds or their representatives authorized in writing.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The local agency shall cause to be published a summary statement showing the amount of gross revenues and the amount of all other funds collected which are required to be pledged or otherwise made available as security for payment of the principal of and interest on the bonds, the disbursements from such revenues and other funds in reasonable detail, and a general statement of the financial and physical condition of the enterprise. The statement shall be published annually, not more than 120 days after the close of each fiscal year. The local agency shall furnish a copy of the statement to any bondholder upon request.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: In the resolution authorizing the bonds, the local agency may agree that the statement shall be prepared or audited by an independent certified public accountant or public accountant and shall be in the form and contain the detail specified in the resolution.

history: (History: Amended by Stats. 1959, Ch. 1936.)

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: The duties set forth in this article do not require the local agency to expend any funds other than revenues received or receivable from the enterprise and such other funds from any source as are legally available and as are made available for the enterprise or to secure payment of the principal of or interest on bonds as provided in this chapter.

title: 5. LOCAL AGENCIES

article: 6. Duties of Local Agencies


text: In connection with the issuance of bonds a local agency may appoint a fiscal agent.

title: 5. LOCAL AGENCIES

article: 7. Fiscal Agent

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 7. Fiscal Agent


text:
The local agency may:

(a) Provide for the powers, duties, functions, and compensation of the fiscal agent.

(b) Limit the liabilities of the fiscal agent.

(c) Prescribe a method for his resignation and removal, and the merger or consolidation of fiscal agents.

(d) Prescribe a method for the appointment of a successor fiscal agent and the transfer of rights and properties to the successor.

title: 5. LOCAL AGENCIES

article: 7. Fiscal Agent


text: The local agency may authorize the fiscal agent to receive, collect, hold, or disburse revenues collected from the enterprise for or on account of the local agency or any other funds required to be pledged or otherwise made available as security for payment of the principal of and interest on the bonds, and to apply such revenues and other funds as provided in the resolution authorizing the issuance of the bonds.

title: 5. LOCAL AGENCIES

article: 7. Fiscal Agent


text: An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Repealed and added by Stats. 1961, Ch. 1551.)

title: 5. LOCAL AGENCIES

article: 8. Validating Proceedings

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 8. Validating Proceedings


text: Notwithstanding any provision of this chapter to the contrary, the legislative body may accept contributions or loans from the United States, or a federal department, instrumentality, or agency for financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance, and operation of an enterprise.

history: (History: Amended by Stats. 1949, Ch. 1555.)

title: 5. LOCAL AGENCIES

article: 9. Contributions

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 9. Contributions


text: The local agency may enter into contracts and cooperate with the United States or a federal department, instrumentality, or agency in the making of preliminary investigations, studies and surveys, preparation of plans and specifications and in the accomplishment of procedures and other action preliminary to construction, in the construction, maintenance, and operation, and in financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction and of the construction, maintenance, and operation, of any enterprise pursuant to federal legislation under which aid, assistance, and cooperation may be furnished for these purposes by the United States.

title: 5. LOCAL AGENCIES

article: 9. Contributions


text: The legislative body may do any and all things necessary to avail itself of such aid and cooperation.

title: 5. LOCAL AGENCIES

article: 9. Contributions


text: The legislative body may accept contributions from, contract, and cooperate with, the State, any state department, instrumentality, or agency, or any municipal corporation, public corporation, or district in the construction, maintenance, and operation of, and in financing of, any enterprise and for the use of any enterprise and the services and water furnished by it for public or private purposes.

history: (History: Amended by Stats. 1949, Ch. 1488.)

title: 5. LOCAL AGENCIES

article: 9. Contributions


text: The contributions may consist of money, rights of way, labor, materials, and other property.

title: 5. LOCAL AGENCIES

article: 9. Contributions


text: The local agency may also make contributions, for any of the purposes specified in this article, of any of the funds referred to in Section 54478.

history: (History: Added by Stats. 1953, Ch. 526.)

title: 5. LOCAL AGENCIES

article: 9. Contributions


text: Subject to any contractual limitations binding upon a bondholder or his trustee, any bondholder or his trustee has the remedies set forth in this article for the equal benefit and protection of all bondholders similarly situated.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 10. Remedies of Bondholders


text: Such contractual limitations include, but are not limited to, any limitation upon the exercise of a remedy to bondholders or their trustees holding a specific percentage of the bonds.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: By mandamus or other suit or proceeding at law or in equity a bondholder or his trustee may enforce his rights against the local agency, its legislative body, and any of its officers, agents, and employees and compel them to perform and carry out their duties under this chapter and their agreements with bondholders.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: By a suit in equity a bondholder or his trustee may require the local agency and its legislative body to account as the trustee of an express trust.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: By suit in equity a bondholder or his trustee may enjoin any acts or things which are unlawful or violate the bondholders’ rights.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: The remedies conferred upon any bondholder or his trustee by this chapter do not exclude any other remedy. Each remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or other law.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: A waiver of any default or breach of duty or contract by any bondholder or his trustee does not affect any subsequent default or breach of duty or contract nor impair any rights or remedies on the subsequent default or breach.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: The delay or omission of any bondholder or his trustee to exercise any right or power accruing upon any default does not impair the right or power and is not a waiver of the default or acquiescence in it.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: Every substantive right and remedy conferred upon the bondholders or their trustee may be enforced and exercised as often as is deemed expedient.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: If a suit, action, or proceeding to enforce any right or exercise any remedy is abandoned or determined adversely to the bondholders or their trustees, the local agency and bondholder or trustee shall be restored to their former positions, rights, and remedies as if such suit, action, or proceeding had not been brought or taken.

title: 5. LOCAL AGENCIES

article: 10. Remedies of Bondholders


text: A local agency may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire bonds issued by it upon the terms, at the times, and in the manner which its legislative body determines.

title: 5. LOCAL AGENCIES

article: 11. Refunding Bonds

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 11. Refunding Bonds


text: All provisions of this chapter applicable to the issuance and sale of bonds, except the provisions of Article 3, are applicable to refunding bonds and to their issuance and sale or exchange. No election shall be required to authorize the issuance of refunding bonds. The legislative body may provide for their issuance and sale or exchange by resolution to take effect upon adoption. If the legislative body determines to sell the refunding bonds or any part thereof, they shall be offered for sale in the manner provided by Section 54388.

history: (History: Amended by Stats. 1963, Ch. 1296.)

title: 5. LOCAL AGENCIES

article: 11. Refunding Bonds


text:
Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all of the following:

(a) All bonds to be funded or refunded by them.

(b) All expenses incident to the calling, retiring, or paying of the outstanding bonds and the issuance of the funding or refunding bonds, including the difference in amount between the par value of the funding or refunding bonds and any amount less than that for which the funding or refunding bonds may be sold.

(c) Interest upon the funding or refunding bonds from the date of sale to the date of payment of the bonds to be funded or refunded out of the proceeds of the sale or the date upon which the bonds to be funded or refunded will be paid pursuant to the call or agreement with the holders of such bonds.

(d) Any premium necessary in the calling or retiring of the outstanding bonds and the interest accruing on them to the date of the call or retirement.

title: 5. LOCAL AGENCIES

article: 11. Refunding Bonds


text: When the legislative body deems it in the best interests of the local agency, it may authorize the issuance of notes, on a negotiated or a competitive bid basis, maturing within a period not to exceed two years, in anticipation of the sale of bonds duly authorized at the time such notes are issued. Such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of such bond, may contain. The proceeds from the sale of such notes shall be used only for the purposes for which the bonds were authorized.

history: (History: Added by Stats. 1975, Ch. 27.)

title: 5. LOCAL AGENCIES

article: 11.5. Revenue Bond Anticipation Notes

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 11.5. Revenue Bond Anticipation Notes


text: All notes issued pursuant to this article and any renewal thereof shall be payable at a fixed time, except that in the event that the sale of the bonds shall not have occurred prior to the maturity of the notes issued in anticipation of the sale, the treasurer shall, in order to meet the notes then maturing, issue renewal notes for such purpose. No renewal of a note shall be issued after the sale of bonds in anticipation of which the original note was issued. There shall be only one renewal of any note issued pursuant to this article, and such renewal note shall mature within a period not to exceed two years.

title: 5. LOCAL AGENCIES

article: 11.5. Revenue Bond Anticipation Notes


text: The principal of, and interest on, such notes may be paid from the revenues of the enterprise. If such notes, or any portion thereof, or the interest thereon, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. If any of the principal of such notes is paid from the revenues of the enterprise rather than the proceeds of the sale of bonds, the amount of bonds the local agency is authorized to thereafter issue shall be reduced by the amount so paid from the revenues of the enterprise. The total amount of such notes or renewals thereof issued and outstanding shall not exceed the total amount of the unsold bonds.

title: 5. LOCAL AGENCIES

article: 11.5. Revenue Bond Anticipation Notes


text: Notes may be issued pursuant to this article in anticipation of the sale of bonds authorized either before or after the effective date of this article.

title: 5. LOCAL AGENCIES

article: 11.5. Revenue Bond Anticipation Notes


text: Territory which has become annexed to a local agency which has authorized the issuance of bonds pursuant to this chapter, and which territory shall use the services, facilities, or water of the enterprise, shall become subject to the rates and charges imposed by the local agency for such use.

history: (History: Added by Stats. 1951, Ch. 630.)

title: 5. LOCAL AGENCIES

article: 12. Annexation and Exclusion

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 12. Annexation and Exclusion


text: Territory which has been withdrawn from a local agency which has authorized the issuance of bonds pursuant to this chapter, and which territory shall continue to use the services, facilities, or water of the enterprise, shall remain liable for the payment of the rates and charges imposed by the local agency for such use.

title: 5. LOCAL AGENCIES

article: 12. Annexation and Exclusion


text: A city to which any territory has been annexed, whether or not said territory has been withdrawn from a local agency which has authorized the issuance of bonds pursuant to this chapter, and which territory shall continue to use the services, facilities, or water of the enterprise, may contract with the local agency to pay the local agency annually or at lesser intervals a sum or sums in lieu of the payment by the owners or residents within said territory of the rates and charges imposed by the local agency for such use.

title: 5. LOCAL AGENCIES

article: 12. Annexation and Exclusion


text: If any section, subsection, sentence, clause, or phrase of this chapter, or the application thereof to any person or circumstance, is for any reason held invalid, the validity of the remainder of the chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases, or the application thereof to any person or circumstance, be held invalid.

history: (History: Added by Stats. 1955, Ch. 602.)

title: 5. LOCAL AGENCIES

article: 13. Construction

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6. Revenue Bond Law of 1941 > 13. Construction


text: The definitions set forth in this article govern the construction of this chapter, unless the context requires otherwise.

history: (History: Added by Stats. 1981, Ch. 1092, Sec. 1.)

title: 5. LOCAL AGENCIES

chapter: 6.3. Employee Rental Housing

article: 1. Definitions

path: 5. LOCAL AGENCIES > 2. CITIES, COUNTIES, AND OTHER AGENCIES > 6.3. Employee Rental Housing > 1. Definitions


text: “Bonds” means bonds, notes or other evidence of indebtedness issued by a city pursuant to this chapter and secured by rental or lease revenues derived from rental housing for employees.

title: 5. LOCAL AGENCIES

article: 1. Definitions


text: “Local agency” means a city, a city and county or a county.

title: 5. LOCAL AGENCIES

article: 1. Definitions


text: “Construct” or “construction” means all activities necessary or incidental to the construction of housing including, but not limited to, acquisition of property or any interest therein, construction, reconstruction, rehabilitation or maintenance, repair or operation of any property or improvement.

title: 5. LOCAL AGENCIES

article: 1. Definitions


text: “Employee” means an employee of the local agency, the state or any political subdivision thereof, special district, including a school district, or any other local government entity, or an employee of a public or private utility whom the legislative body has determined performs a function essential to the public health, safety or welfare.

title: 5. LOCAL AGENCIES

article: 1. Definitions