Section 6518 Of Article 1. Joint Powers Agreements From California Government Code >> Division 7. >> Title 1. >> Chapter 5. >> Article 1.
6518
. (a) A joint powers agency, without being subject to any
limitations of any party to the joint powers agreement pursuant to
Section 6509, may also finance or refinance the acquisition or
transfer of transit equipment or transfer federal income tax benefits
with respect to any transit equipment by executing agreements,
leases, purchase agreements, and equipment trust certificates in the
forms customarily used by a private corporation engaged in the
transit business to effect purchases of transit equipment, and
dispose of the equipment trust certificates by negotiation or public
sale upon terms and conditions authorized by the parties to the
agreement. Payment for transit equipment, or rentals therefor, may be
made in installments, and the deferred installments may be evidenced
by equipment trust certificates payable from any source or sources
of funds specified in the equipment trust certificates that are
authorized by the parties to the agreement. Title to the transit
equipment shall not vest in the joint powers agency until the
equipment trust certificates are paid.
(b) An agency that finances or refinances transit equipment or
transfers federal income tax benefits with respect to transit
equipment under subdivision (a) may provide in the agreement to
purchase or lease transit equipment any of the following:
(1) A direction that the vendor or lessor shall sell and assign or
lease the transit equipment to a bank or trust company, duly
authorized to transact business in the state as trustee, for the
benefit and security of the equipment trust certificates.
(2) A direction that the trustee shall deliver the transit
equipment to one or more designated officers of the entity.
(3) An authorization for the joint powers agency to execute and
deliver simultaneously therewith an installment purchase agreement or
a lease of equipment to the joint powers agency.
(c) An agency that finances or refinances transit equipment or
transfers federal income tax benefits with respect to transit
equipment under subdivision (a) shall do all of the following:
(1) Have each agreement or lease duly acknowledged before a person
authorized by law to take acknowledgments of deeds and be
acknowledged in the form required for acknowledgment of deeds.
(2) Have each agreement, lease, or equipment trust certificate
authorized by resolution of the joint powers agency.
(3) Include in each agreement, lease, or equipment trust
certificate any covenants, conditions, or provisions that may be
deemed necessary or appropriate to ensure the payment of the
equipment trust certificate from legally available sources of funds,
as specified in the equipment trust certificates.
(4) Provide that the covenants, conditions, and provisions of an
agreement, lease, or equipment trust certificate do not conflict with
any of the provisions of any trust agreement securing the payment of
any bond, note, or certificate of the joint powers agency.
(5) File an executed copy of each agreement, lease, or equipment
trust certificate in the office of the Secretary of State, and pay
the fee, as set forth in paragraph (3) of subdivision (a) of Section
12195 of the Government Code, for each copy filed.
(d) The Secretary of State may charge a fee for the filing of an
agreement, lease, or equipment trust certificate under this section.
The agreement, lease, or equipment trust certificate shall be
accepted for filing only if it expressly states thereon in an
appropriate manner that it is filed under this section. The filing
constitutes notice of the agreement, lease, or equipment trust
certificate to any subsequent judgment creditor or any subsequent
purchaser.
(e) Each vehicle purchased or leased under this section shall have
the name of the owner or lessor plainly marked on both sides thereof
followed by the appropriate words "Owner and Lessor" or "Owner and
Vendor," as the case may be.