§ 17183. — 17183. (Amended by Stats. 2012, Ch. 38, Sec. 32.)

California § 17183.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 1.
• Title 1.: DIVISION 1. GENERAL EDUCATION CODE PROVISIONS
• Part 10.: PART 10. SCHOOL BONDS
• Ch. 18.: CHAPTER 18. California School Finance Authority

Text

(a)
From time to time, the authority, by resolution, may issue its revenue bonds in order to provide funds for any of the purposes of this chapter. Bonds may be issued to finance or refinance any of the following:
(1)
A single project or financing of working capital for a single participating party.
(2)
A series of projects or financings of working capital for
a single participating party.
(3)
A single project or financing of working capital for several participating parties.
(4)
Several projects or financings of working capital for several participating parties.
(5)
A joint venture school facilities construction project undertaken pursuant to Article 5 (commencing with Section 17060) of Chapter 12.
(b)
Except as otherwise expressly provided by the authority, all revenue bonds shall be payable from any available revenues or moneys of the authority not otherwise pledged, subject only to any agreements with
holders of particular bonds or notes pledging any particular revenue or moneys. Notwithstanding that revenue bonds issued pursuant to this section may be payable from a special fund, the revenue bonds shall be, and shall be deemed to be for all purposes, negotiable instruments, subject only to the provisions of the revenue bonds for registration.
(c)
The revenue bonds of the authority may be issued as serial bonds, term bonds, or the authority, in its discretion, may issue bonds of both types. The issuance shall be in accordance with the indenture, trust agreement, or resolution relating to the revenue bonds, which shall provide all of the following:
(1)
The date or dates of the bonds.
(2)
The date or dates upon which the bonds will mature, not to exceed 40 years from their respective dates.
(3)
The interest rate or rates, or methods of determining the interest rate or rates, of the bonds.
(4)
When the bonds are payable.
(5)
The denominations of the bonds.
(6)
The form of the bonds, which shall be either bearer or registered.
(7)
The registration privileges of the bonds.
(8)
The manner in which the bonds are to be executed.
(9)
The place or places at which the bonds shall be payable in lawful money of the United States of America.
(10)
The terms of redemption of the bonds.
(d)
After giving due consideration to the recommendations of the participating party or parties, the revenue bonds of the authority shall be sold by the Treasurer at either a public or private sale at a price or prices, and upon the terms and conditions prescribed by the authority. The revenue bonds of the authority may be sold at, above, or below the par value of the bonds.
(e)
Pending the preparation of the definitive bonds, the authority may issue interim receipts or certificates or temporary bonds that shall be exchanged for the definitive bonds.
(f)
Any resolution authorizing the issuance of any bonds of the authority, or any issue of revenue bonds of the authority, may include any of the following provisions:
(1)
Provisions pledging all or any part
of the proceeds of the bonds or revenue of a project or loan.
(2)
Provisions concerning the replacement of mutilated, destroyed, stolen, or lost bonds.
(3)
Provisions specifying insurance to be maintained on the project and the authorized uses of the proceeds of the insurance.
(4)
Covenants against the mortgaging or otherwise encumbering, selling, leasing, pledging, placing a charge upon, or otherwise disposing of the project before the payment of the bonds issued to finance the project.
(5)
Provisions specifying the events of default, terms upon which the
bonds may be declared due before maturity, and the terms upon which the declaration and its consequences may be waived.
(6)
The rights, liabilities, powers, and duties arising upon the breach of any covenants, conditions, or obligations.
(7)
Vesting of the right to enforce covenants in a trustee.
(8)
The terms upon which all or any percentage of the bondholders may enforce covenants or duties.
(9)
Procedures for amending the terms of the resolution, with or without the consent of the holders of a specified number of bonds.
(10)
Provision for any other acts or things deemed necessary, convenient, or desirable by the authority to secure the bonds or improve their marketability.
(g)
The validity of the authorization and issuance of any bond issue shall not be affected by proceedings for the acquisition, construction, or improvement of any project, or by contracts relating to those proceedings. Any resolution authorizing the issuance of any bonds of the authority may provide authorization for the bonds to bear a statement certifying that they are issued pursuant to this chapter. Bonds bearing that statement shall be conclusively deemed valid and issued in conformity with this chapter. Reference on the face of the bonds to the resolution by its date of adoption shall incorporate the provisions of the resolution and of this chapter into the terms of the bonds.
(h)
Members of the authority, or any person executing the revenue bonds of the authority, shall not incur personal liability on the bonds, nor shall these persons incur personal liability or
accountability by reason of the issuance of the revenue bonds of the authority.
(i)
The authority is authorized, out of any funds available for that purpose, to purchase revenue bonds of the authority. The authority may hold, pledge, cancel, or resell any bonds purchased under the authority of this subdivision, subject to, and in accordance with, agreements with bondholders.
(j)
The financing or refinancing of projects or working capital may be provided pursuant to this chapter by means other than revenue bonds, at the discretion of the authority, including financing or refinancing through certificates of participation, or other interests, in bonds, loans, leases, installment sales, or other agreements of the participating party or parties. In this connection, the authority may do all things and execute and deliver all documents and instruments as may be necessary or desirable
with regard to issuance of the certificates of participation or other means of financing or refinancing.
(k)
The authority may by resolution issue its revenue bonds in the form of commercial paper.

Legislative History

Amended by Stats. 2012, Ch. 38, Sec. 32. (SB 1016) Effective June 27, 2012.