SECTIONS 125700-125716 - California Statutes

PUBLIC UTILITIES CODE

SECTION 125700-125716

125700. The district may issue bonds, payable from revenue of any
facility or enterprise to be acquired or constructed by the district,
in the manner provided by the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of
the Government Code), and all of the provisions of that law are
applicable to the district.

125701. The district is a local agency within the meaning of the
Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300)
of Part 1 of Division 2 of Title 5 of the Government Code). The term
"enterprise," as used in the Revenue Bond Law of 1941, for all
purposes of this chapter, includes the transit system or any or all
transit facilities and all additions, extensions, and improvements
thereto authorized to be acquired, constructed, or completed by the
district.
The district may issue revenue bonds under the Revenue Bond Law of
1941 for any one or more transit facilities authorized to be
acquired, constructed, or completed by the district or for transit
equipment described in Section 125702 authorized to be acquired by
the district or, in the alternative, the district may issue revenue
bonds under the Revenue Bond Law of 1941 for the acquisition,
construction, and completion of any one of those transit facilities
or for transit equipment described in Section 125702 authorized to be
acquired by the district.
Nothing in this chapter prohibits the district from availing
itself of, or making use of, any procedure provided in this chapter
for the issuance of bonds of any type or character for any of the
transit facilities authorized hereunder, and all proceedings may be
carried on simultaneously or, in the alternative, as the district may
determine.

125702. The district may purchase transit equipment such as cars,
trolley buses, motorbuses, light rail vehicles, or rolling equipment,
and may execute agreements, leases, and equipment trust certificates
in the forms customarily used by private corporations engaged in the
transit business appropriate to effect the purchase and leasing of
transit equipment, and may dispose of the equipment trust
certificates upon the terms and conditions that the district may deem
appropriate.
Payment for transit equipment, or rentals therefor, may be made in
installments, and the deferred installments may be evidenced by
equipment trust certificates that are or will be legally available to
the district. Title to the equipment may not vest in the district
until the equipment trust certificates are paid.

125703. The agreement to purchase or lease transit equipment may
direct the vendor or lessor to sell and assign or lease the transit
equipment to a bank or trust company duly authorized to transact
business in the state as trustee for the benefit and security of the
equipment trust certificates, and may direct the trustee to deliver
the transit equipment to one or more designated officers of the
district and may authorize the district to simultaneously therewith
execute and deliver an installment purchase agreement or a lease of
that equipment to the district.

125704. The agreements and leases shall be duly acknowledged before
a person authorized by law to take acknowledgments of deeds and in
the form required for acknowledgment of deeds.
The agreements, leases, and equipment trust certificates shall be
authorized by resolution of the board and shall contain covenants,
conditions, and provisions that may be deemed necessary or
appropriate to insure the payment of the equipment trust certificates
from any legally available source or sources of funds as may be
specified in the certificates.

125705. The covenants, conditions, and provisions of the
agreements, leases, and equipment trust certificates may not conflict
with any trust agreement or similar document securing the payment of
bonds, notes, or certificates of the district.

125706. An executed copy of each agreement and lease shall be filed
in the office of the Secretary of State, for a fee of one dollar
($1) for each copy filed.
The filing constitutes notice to any subsequent judgment creditor
or any subsequent purchaser.

125707. The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code), the Improvement Bond
Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), and the Municipal Improvement Act of 1913
(Division 12 (commencing with Section 10000) of the Streets and
Highways Code), are applicable to the district.

125708. Chapter 1 (commencing with Section 99000) of Part 11 of
Division 10 is applicable to the district.

125709. The district shall be considered a "local agency," as
defined in subdivision (h) of Section 53317 of the Government Code,
and the provisions of Chapter 2.5 (commencing with Section 53311) of
Part 1 of Division 2 of Title 5 of the Government Code are applicable
to the district.

125710. The district shall be considered to be a "local agency" as
defined in subdivision (f) of Section 6585 of the Government Code,
and Article 4 (commencing with Section 6584) of Chapter 5 of Division
7 of Title 1 of the Government Code is applicable to the district.

125711. The district may borrow money in accordance with Article 7
(commencing with Section 53820), Article 7.6 (commencing with Section
53850), or Article 7.7 (commencing with Section 53859) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.

125712. The district may borrow money in anticipation of the sale
of bonds that have been authorized to be issued, but that have not
been sold and delivered, and may issue negotiable bond anticipation
notes therefor, and may renew the bond anticipation notes from time
to time, but the maximum maturity of any bond application notes,
including the renewals thereof, may not exceed five years from the
date of delivery of the original bond anticipation notes.
The bond anticipation notes may be paid from any money of the
district available therefor and not otherwise pledged. If not
previously otherwise paid, the bond anticipation notes shall be paid
from the proceeds of the next sale of the bonds of the district in
anticipation of which they were issued. The bond anticipation notes
may not be issued in any amount in excess of the aggregate amount of
bonds that the district has not been authorized to issue, less the
amount of any bonds of the authorized issue previously sold, and also
less the amount of other bond anticipation notes therefor issued and
then outstanding.
The bond anticipation notes shall be issued and sold in the same
manner as the bonds. The bond anticipation notes and the resolution
or resolutions authorizing them may contain any provisions,
conditions, or limitations that a resolution of the board of the
district authorizing the issuance of bonds may contain.

125713. The district may issue negotiable promissory notes pursuant
to this section to acquire funds for any district purposes. The
maturity of the promissory notes may not be later than five years
from the date thereof. Those notes shall bear interest at a rate not
to exceed 12 percent per year. Those notes shall be payable from any
source of revenue available to the district.

125714. The district may bring an action to determine the validity
of any of its bonds, equipment trust certificates, warrants, notes,
or other evidences of indebtedness pursuant to Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure.

125715. All bonds and other evidences of indebtedness issued by the
district under this chapter, and the interest thereon, are free and
exempt from all taxation within the state, except for transfer,
franchise, inheritance, and estate taxes.

125716. Notwithstanding any other provisions of this division or of
any other law, the provisions of all ordinances, resolutions, and
other proceedings in the issuance by the district of any bonds, bonds
with a pledge of revenues, bonds for any and all evidences of
indebtedness or liability constitute a contract between the district
and the holders of the bonds, equipment trust certificates, notes, or
evidences of indebtedness or liability, and the provisions thereof
are enforceable against the district or any or all of its successors
or assigns, by mandamus or any other appropriate suit, action, or
proceeding in law or in equity in any court of competent
jurisdiction.
Nothing in this division or in any other law relieves the district
or the territory included within it from any bonded or other debt or
liability contracted by the district. Upon dissolution of the
district or upon withdrawal of territory therefrom, that territory
formerly included within the district, or withdrawn therefrom, shall
continue to be liable for the payment of all bonded and other
indebtedness or liabilities outstanding at the time of the
dissolution or withdrawal as if the district had not been so
dissolved or the territory withdrawn therefrom, and it shall be the
duty of the successors or assigns to provide for the payment of the
bonded and other indebtedness and liabilities.
Except as may be otherwise provided in the proceedings for the
authorization, issuance, and sale of any revenue bonds, bonds secured
by a pledge of revenues, or bonds for improvement districts secured
by a pledge of revenues, revenues of any kind or nature derived from
any revenue-producing improvements, works, facilities, or property
owned, operated, or controlled by the district shall be pledged,
charged, assigned, and have a lien thereon for the payment of the
bonds as long as they are outstanding, regardless of any change in
ownership, operation, or control of the revenue-producing
improvements, works, facilities, or property and it shall, in any
later event or events, be the duty of the successors or assigns to
continue to maintain and operate the revenue-producing improvements,
works, facilities, or property as long as bonds are outstanding.