99013
. (a) Following formation of the benefit district or
concurrently therewith, if the board deems it necessary to incur a
bonded indebtedness for the acquisition, construction, development,
joint development, completion, operation, maintenance, or repair of
one or more eligible transit facilities located within the benefit
district, the board may provide, by resolution, that the bonded
indebtedness shall be payable from special benefit assessments levied
within the benefit district. The resolution shall be adopted by a
two-thirds vote of the members of the board, and shall declare and
state all of the following:
(1) That the board intends to incur an indebtedness, by the
issuance of bonds of the operator, for the benefit district which the
board has formed, or intends to form, within a portion of the
service area of the operator.
(2) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs necessary or
convenient for, incidental to, or connected with, the accomplishment
of the purposes, including, without limitation, engineering,
inspection, legal, fiscal agent, financial consultant, bond and other
reserve funds, working capital, bond interest estimated to accrue
during the construction period, if any, and for a period not
exceeding three years thereafter, and the expenses of all proceedings
for the authorization, issuance, and sale of the bonds.
(3) The estimated cost of accomplishing the purposes and the
amount of the principal of the indebtedness to be incurred.
(4) That a general description of the benefit district and of each
zone, if any, therein and maps showing the exterior boundaries
thereof are on file with the operator and available for inspection by
any interested person.
(5) That special benefit assessments for the payment of the bonds,
and the interest thereon, have been, or are proposed to be levied in
the benefit district or zones therein in accordance with the
procedures and approval process set forth in Section 4 of Article
XIII D of the California Constitution.
(6) The extent to which, if at all, all or a portion of the
revenues of the operator are to be used to pay the principal of,
interest on, and sinking fund payments for, the bonds, including the
establishment and maintenance of any reserve fund therefor.
(7) The time and place set for hearing on the proposed issuance of
the bonds.
(8) That, prior to levying a special benefit assessment, the board
shall comply with the notice, protest, and hearing procedures set
forth in Section 53753 of the Government Code.
(9) The maximum term the proposed bonds shall run before maturity,
which shall not exceed 40 years from the date of the bonds or any
series thereof.
(10) The maximum rate or rates of interest to be paid, which shall
not exceed 12 percent per annum.
(11) That the pledge of special benefit assessment revenues to the
bonds authorized by this section has priority over the use of any of
those revenues for pay-as-you-go financing, except to the extent
that this priority is expressly restricted by any of the operator's
agreements with bondholders.
(b) The notice stating the time and place of the hearing on the
proposed issuance of bonds shall be published prior to the time fixed
for the hearing pursuant to Section 6066 of the Government Code.