Section 7269 Of Article 2.5. Other Authorized Investments In Bonds And Securities From California Financial Code >> Division 2. >> Chapter 6. >> Article 2.5.
7269
. In revenue securities of any state of the United States, or
of the Commonwealth of Puerto Rico, and of any city, county, city and
county, political subdivision, public corporation, or district
(herein referred to generally as public corporations) of any such
state or commonwealth and of any department, board, agency, or
authority of any such state or commonwealth or of any public
corporation subject to the following:
(a) The revenue securities constitute obligations payable out of
the revenues from a revenue-producing property owned, controlled, or
operated by the state, commonwealth, public corporation, or by a
department, board, agency, or authority thereof and are secured by
those revenues.
(b) Either:
(1) The new income from the property available for the payment of
the securities for the five fiscal years next preceding any such
investment, shall have averaged at least one and one-tenth times all
debt service requirement for principal, interest, and sinking fund of
all revenue securities payable only out of the revenues from the
property during each of those fiscal years, and for each of those
five fiscal years shall have equaled at least all debt service
requirements for principal, interest, and sinking fund of those
securities, and for the last fiscal year shall have amounted to at
least the maximum annual debt service requirement for any fiscal year
thereafter on all such securities which were outstanding during the
last fiscal year and which will be outstanding in any fiscal year
thereafter.
The gross income from the property, the net income from which is
pledged for the payment of those securities, in the last fiscal year
prior to that investment was not less than one million dollars
($1,000,000), is located in California, and was not less than five
million dollars ($5,000,000) if located elsewhere.
The issuer is obligated to maintain rates at least sufficient to
meet debt service requirements and those obligations are legally
enforceable.
(2) The issuer of the securities is entitled to receive under a
legally enforceable contract with a corporation any of the securities
of which are a legal investment for commercial banks under Division
1, annual payments averaging not less than nine hundred thousand
dollars ($900,000) a year commencing with the completion of a project
or projects as fixed in the construction contract therefore and
continuing during the maximum term for which those revenue securities
are to mature.
The issuer of the securities is obligated to maintain rates to
produce revenue, or will receive contract payments, either or both of
which will be sufficient to meet debt service requirements and that
obligation contract is legally enforceable.
(c) The public corporation or any department, board, agency, or
authority thereof which issues the securities, if existing elsewhere
than in California, has not within 10 years prior to that investment
defaulted for a period of more than 90 days in the payment of
principal or interest on any of its debts.