Article 4 - Refunding Bonds

California Public Utilities Code — §§ 29210-29225

Sections (16)

Added by Stats. 1957, Ch. 1056.

The district may provide for the funding or refunding of outstanding general obligation indebtedness pursuant to this article, if any of the following conditions exist:

(a)The district has indebtedness evidenced by bonds, notes, or other evidences of indebtedness, which according to their terms are subject to call or payment before maturity.
(b)The district has filed a petition under any bankruptcy law of the United States and refunding of its indebtedness is authorized in the bankruptcy proceedings.
(c)The holder or holders of outstanding indebtedness has consented to exchange such outstanding bonds for refunding bonds bearing a lower rate of interest than such outstanding bonds.

Added by Stats. 1957, Ch. 1056.

The district by a two-thirds vote of the board may fund or refund its general obligation indebtedness at, after, or before maturity and issue refunding bonds of the district to refund the indebtedness evidenced by such outstanding securities.

Amended by Stats. 1984, Ch. 144, Sec. 180.

Refunding general obligations may be issued and may be sold in accordance with Articles 2 (commencing with Section 29169) and 3 (commencing with Section 29200), except that no election need be called or held for the purpose of authorizing the issuance of refunding bonds and the refunding bonds may be sold and the proceeds thereof applied to the redemption of bonds of indebtedness or may be exchanged at not less than their par value for the evidences of indebtedness to be refunded.

Added by Stats. 1957, Ch. 1056.

Refunding bonds issued pursuant to this article will have the same weight and force and may be used in the same manner as the bonds to be refunded.

Amended by Stats. 2024, Ch. 106, Sec. 7. (AB 2325) Effective January 1, 2025.

The proceeds of any sale of refunding bonds for cash shall be deposited with the chief financial officer or depositary, as determined by the district, to the credit of the Funding Fund, and applied only to refunding the indebtedness for which the bonds are issued.

Added by Stats. 1957, Ch. 1056.

Any proceeds of the refunding bonds remaining after the indebtedness has been paid shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for the purpose of paying such principal or interest as it matures.

Added by Stats. 1957, Ch. 1056.

At the time of making the general tax levy after incurring the bonded indebtedness and annually thereafter until the refunding bonds are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the district shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of the next general tax levy will be available.

Added by Stats. 1957, Ch. 1056.

If the earliest maturity of the refunding bonds is more than one year after the date of issuance, the board shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for payment of the principal on or before maturity.

Added by Stats. 1957, Ch. 1056.

The taxes shall be levied and collected as other district taxes, and are in addition to all other taxes. They shall be used only for the payment of the bonds and interest thereon.

Added by Stats. 1957, Ch. 1056.

Refunding bonds may be issued in a principal amount sufficient to provide funds for (a) the payment of the principal of and interest on the bonds, notes or other evidences of indebtedness to be refunded; (b) all expenses incidental to the calling, retirement or payment of the outstanding bonds, notes or other evidences of indebtedness and the issuance of refunding bonds including the difference in amount between the par value of the refunding bonds and any amount less than par; (c) any amount necessary to be made available for the payment of interest upon the refunding bonds from the date of their delivery

to the date of maturity or payment of the bonds, notes or other evidences of indebtedness to be refunded out of the proceeds of sale or the date upon which the bonds, notes or evidences of indebtedness to be refunded will be paid pursuant to call and redemption thereof or pursuant to any agreement with the holders thereof for the refunding or exchanging of such bonds, notes or other evidences of indebtedness; and (d) the premium if any necessary to be paid in order to call and retire the outstanding bonds, notes or other evidences of indebtedness to be refunded. Refunding bonds may be exchanged at not less than their par value and accrued interest for outstanding bonds, notes or other evidences of indebtedness to be refunded thereby.

Amended by Stats. 2024, Ch. 106, Sec. 8. (AB 2325) Effective January 1, 2025.

When sufficient money is in the Funding Fund to redeem one or more outstanding past due bonds, notes, or other evidences of indebtedness, or to redeem one or more of the outstanding bonds, notes, or other evidences of indebtedness, that

are subject to call or payment before maturity, and that are proposed to be funded or refunded, the chief financial officer shall publish a notice that the chief financial officer is prepared to pay the bond, note,

or other evidence of indebtedness

and give its number, if any, in that notice. The notice shall be published once a week for two weeks in a newspaper of general circulation in the district, if there is one. Copies of that advertisement may be published in any newspaper or financial publication in the United States. If the bond, note, or other evidence of indebtedness to be called for redemption or refunded is not presented for redemption on or before the date specified for redemption, as set forth on the face of

the outstanding bond, note, or other evidence of indebtedness, interest upon it shall cease.

Amended by Stats. 2024, Ch. 106, Sec. 9. (AB 2325) Effective January 1, 2025.

At the same time, the chief financial officer shall deposit in the post office a copy of the notice, enclosed in a sealed envelope, postage prepaid, addressed to the registered owner of any such bond, note, or other evidence of indebtedness, registered pursuant to this part, whose address appears upon the record in the chief financial officer’s office. If the bond, note, or other evidence of indebtedness is

not presented within the time specified in the notice, the interest upon it ceases and the amount due shall be set aside for the payment when presented.

Amended by Stats. 2024, Ch. 106, Sec. 10. (AB 2325) Effective January 1, 2025.

When any outstanding bonds, notes, or other evidences of indebtedness are surrendered and paid, the chief financial officer shall cancel them by endorsing on their faces the amount for which they are received,

“Canceled,” and the date of cancellation.

Amended by Stats. 2024, Ch. 106, Sec. 11. (AB 2325) Effective January 1, 2025.

The chief financial officer shall keep a record of bonds, notes, or other evidences of indebtedness redeemed, and report the redemption to the board. At the end of each month in which there has been a redemption, a report of the redemption shall be made accompanied by the bonds, notes, or other

evidences of indebtedness

that have been taken up and canceled or by a certificate of their destruction by any bank or trust company appointed by the board as fiscal agent or paying agent for those bonds, notes, or other evidences of indebtedness and authorized to destroy bonds, notes, or coupons, or other evidences of indebtedness upon payment of them.

Added by Stats. 1957, Ch. 1056.

Any money remaining in the Funding Fund, after all outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness proposed to be refunded have been taken up and canceled, shall be deposited in the fund established for the payment of principal and interest on the refunding bonds and used only for paying such principal or interest as they mature.

Added by Stats. 1957, Ch. 1056.

Refunding of revenue bonds of the district may be accomplished in the manner provided by the Revenue Bond Law of 1941, all of the provisions of which are hereby made applicable to the district.