Chapter 5.5. Collateral Security For Bonds of California Government Code >> Division 6. >> Title 1. >> Chapter 5.5.
(a) "Bonds" means any bonds, notes, bond anticipation notes,
commercial paper, or other evidences of indebtedness, or lease,
installment purchase, or other agreements, or certificates of
participation therein, that are not issued pursuant to statutory
authority containing a provision governing the perfection and
priority of pledges of collateral unless the provision provides that
this chapter shall govern.
(b) "Collateral" means any revenues, moneys, accounts receivable,
contractual rights to payment, and other rights to payment of
whatever kind, subject to the pledge provided for or created in a
pledge document.
(c) "Pledge document" means the resolution, ordinance, indenture,
trust agreement, loan agreement, lease, installment sale agreement,
reimbursement or similar agreement with any provider of credit
enhancement for bonds, pledge agreement, or similar agreement in
which the pledge is provided for or created.
(d) "Pledge" means, and as used in any pledge document shall be
deemed to create, a grant of a lien on and a security interest in and
pledge of the collateral referred to in a pledge document.
(e) "Public body" means the state or any city, county, city and
county, district, other political subdivision of the state, public
authority, or other public corporation which is authorized to issue
bonds. "Public body" shall not include any private person,
partnership, corporation, or other private entity, including any
nonprofit private entity.
(f) "Security interest" means a prior claim on any revenues,
moneys, accounts receivable, contractual rights to payment, or other
rights to payment, which are pledged in a pledge document, unless
otherwise provided in the pledge document.
(a) A pledge of collateral by any public body to secure,
directly or indirectly, the payment of the principal or redemption
price of, or interest on, any bonds, or any reimbursement or similar
agreement with any provider of credit enhancement for bonds, which is
issued by or entered into by a public body, shall be valid and
binding in accordance with the terms of the pledge document from the
time the pledge is made for the benefit of pledgees and successors
thereto.
(b) The collateral shall immediately be subject to the pledge, and
the pledge shall constitute a lien and security interest which shall
immediately attach to the collateral and be effective, binding, and
enforceable against the pledgor, its successors, purchasers of the
collateral, creditors, and all others asserting the rights therein,
to the extent set forth, and in accordance with, the pledge document
irrespective of whether those parties have notice of the pledge and
without the need for any physical delivery, recordation, filing, or
further act.
(a) All obligations of the West Contra Costa Healthcare
District in connection with any and all certificates of participation
executed and delivered by or on behalf of the district between June
8, 2004, and December 31, 2012, including certificates of
participation executed and delivered before January 1, 2035, to
refund those certificates of participation, shall be secured by a
statutory lien on all of the revenues generated from parcel taxes
levied pursuant to Measure D, approved by the voters of the district
at the special election held on June 8, 2004.
(b) This lien shall arise automatically without the need for any
action or authorization by the district or the board of directors of
the district. The lien shall be valid and binding from the time the
certificates of participation are executed and delivered.
(c) The parcel tax revenue shall immediately be subject to this
lien, and the lien shall immediately attach to the parcel tax revenue
and be effective, binding, and enforceable against the district, its
successors, purchasers of those revenues, creditors, and all others
asserting rights therein, irrespective of whether those parties have
notice of the lien and without the need for any physical delivery,
recordation, filing, or further act.
(a) All obligations of the Palm Drive Health Care District
in connection with any and all certificates of participation executed
and delivered, or revenue bonds issued, by or on behalf of the
district between January 1, 2005, and December 31, 2014, including
certificates of participation executed and delivered or revenue bonds
issued before 2035 to refund the revenue bonds or certificates of
participation, shall be secured by a statutory lien on all of the
revenues generated from parcel taxes levied pursuant to Measure W,
approved by the voters of the district at the general election held
on November 2, 2004.
(b) This lien shall arise automatically without the need for any
action or authorization by the district or the board of directors of
the district. The lien shall be valid and binding from the time the
certificates of participation are executed and delivered or the
revenue bonds are issued.
(c) The parcel tax revenue shall immediately be subject to this
lien, and the lien shall immediately attach to the parcel tax revenue
and be effective, binding, and enforceable against the district, its
successors, purchasers of those revenues, creditors, and all others
asserting rights therein, irrespective of whether those parties have
notice of the lien and without the need for any physical delivery,
recordation, filing, or further act.
Nothing in this chapter shall be construed to authorize new
or increased authority to issue bonds.