ARTICLE 9. Refunding Bonds [9510 - 9527]
( Article 9 added by Stats. 1943, Ch. 369. )
The board may, by resolution entered in its minutes, order the refunding of the whole or any part of the principal of any bond issue now or hereafter outstanding at lower rates of interest whenever in its judgment and opinion it will be for the best interests of the owners of lands assessed by the assessment to be refunded so to do.
(Added by Stats. 1943, Ch. 369.)
Refunding bonds may be issued for the purpose, and when issued their proceeds may be used to refund outstanding bonds either as they mature or to call and redeem outstanding bonds as provided in this part, or both.
(Added by Stats. 1943, Ch. 369.)
The resolution ordering refunding of bonds shall designate the numbers, denominations, dates of maturity and aggregate principal amounts of the bonds to be refunded, and shall fix and prescribe the form of the refunding bonds and of the interest coupons attached thereto, and shall fix the rate of interest the bonds shall bear, which rate, however, shall be less than the rate provided in the bonds to be refunded.
(Added by Stats. 1943, Ch. 369.)
Refunding bonds shall mature serially in amounts to be fixed by the board in its resolution.
(Added by Stats. 1943, Ch. 369.)
The payment of the refunding bonds shall begin not later than five years from the date thereof and shall be completed in not more than 25 years from the date thereof.
(Added by Stats. 1943, Ch. 369.)
The refunding bonds, together with interest thereon, shall be payable at the office of the State Treasurer.
(Added by Stats. 1943, Ch. 369.)
Refunding bonds shall be issued in such denominations as the board may determine except that no bonds shall be of a denomination of less than one hundred dollars ($100) nor of a greater denomination than one thousand dollars ($1,000), and shall be payable on the day fixed in the bonds with interest at the rate specified therein which interest shall be payable semiannually.
(Added by Stats. 1943, Ch. 369.)
The refunding bonds shall be signed by the president of the board or such other member of the board as the board may by resolution designate and shall be countersigned by the secretary of the board with the seal of the board affixed thereto.
(Added by Stats. 1943, Ch. 369.)
The interest coupons of the refunding bonds shall be numbered consecutively and signed by the secretary of the board by his engraved or lithographed signature.
(Added by Stats. 1943, Ch. 369.)
In case any officer whose signature or countersignature appears on the refunding bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, the signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until the delivery of the bonds.
(Added by Stats. 1943, Ch. 369.)
The refunding bonds may be issued and sold by the board as it may determine but for not less than their par value and accrued interest thereon.
(Added by Stats. 1943, Ch. 369.)
The proceeds of the refunding bonds shall be placed in the State Treasury to the credit of the drainage district in the bond fund of the assessment upon which the bonds are based, and the proceeds shall be used and applied for the objects and purposes for which the refunding bonds were issued.
(Added by Stats. 1943, Ch. 369.)
The proceeds may also be used to defray the expenses of refinancing the obligations.
(Added by Stats. 1943, Ch. 369.)
The principal and interest of the refunding bonds shall be based upon, secured by and payable out of the assessment or assessments upon which the bonds refunded were payable in accordance with the provisions of this part.
(Added by Stats. 1943, Ch. 369.)
Upon the sale of any of the refunding bonds, installments of the assessment upon which the bonds are based shall be called and collected and the installments shall become delinquent, with the penalties, provisions for sale, redemption and conveyancing all as set forth in this part, which provisions apply to the refunding bond issues to the same extent as to original issues.
(Added by Stats. 1943, Ch. 369.)
The refunding bonds or any part thereof when sold may be called and redeemed by the board in the manner provided by Chapter 6 of this part.
(Added by Stats. 1943, Ch. 369.)
The refunding bonds issued by the drainage district pursuant to this part shall be legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the State school funds, and whenever any moneys or funds may by law now or hereafter enacted be invested in bonds of cities, cities and counties, counties or school districts, in the State, such moneys or funds may be invested in the bonds of the drainage district.
(Added by Stats. 1943, Ch. 369.)
Whenever bonds of cities, cities and counties, counties or school districts may by law be issued as security for the performance of any act or as security for the deposit of public funds of the State or of any county, city and county, municipality or other public corporation or political subdivision in any State or National bank or banks, refunding bonds of the drainage district may be so used.
(Added by Stats. 1943, Ch. 369.)