Section 814 Of Chapter 10. Legal Investments For Nonbank Licensees From California Financial Code >> Division 1. >> Chapter 10.
814
. 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 state or
commonwealth and of any department, board, agency, or authority of
any state or commonwealth or of any public corporation, if the
following conditions are met:
(a) The revenue securities constitute obligations payable out of
the revenues from a revenue-producing property owned, controlled, or
operated by a state, commonwealth, public corporation, or by a
department, board, agency, or authority thereof and are secured by
the revenues.
(b) Either of the following paragraphs apply:
(1) (A) The net 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 requirements for principal, interest, and sinking fund
of all revenue securities payable only out of the revenues from that
property during each of those fiscal years, and for each of the five
fiscal years shall have equaled at least all debt service
requirements for principal, interest, and sinking fund of the
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 that were outstanding during such
last fiscal year and which will be outstanding in any fiscal year
thereafter.
(B) The gross income from the property, the net income from which
is pledged for the payment of the securities, in the last fiscal year
prior to the investment was not less than one million dollars
($1,000,000) if located in California, and was not less than five
million dollars ($5,000,000) if located elsewhere.
(C) The issuer is obligated to maintain rates at least sufficient
to meet debt service requirements and such obligation is legally
enforceable.
(2) (A) 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 savings banks under
this chapter 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 therefor
and continuing during the maximum term for which said revenue
securities are to mature.
(B) 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
such obligation or 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 such investment
defaulted for a period of more than 90 days in the payment of
principal or interest on any of its debts.