DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600. - 81674.]
Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1.
§§ 81600–81674 · 49 sections
CHAPTER 1. General Provisions and Definitions §§ 81600–81610 · 10 sections
ARTICLE 1. General Provisions §§ 81600–81601 · 2 sections
ARTICLE 2. Definitions §§ 81602–81610 · 8 sections
- § 81602 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- § 81603 “Authority” means the San Francisco Bay Area Regional Water System Financing Authority.
- § 81604 “Board” means the board of directors of the authority.
- § 81606 “Master water sales contract” means the document entitled “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco…
- § 81608 “Project” means a work and all of the activities related to, or necessary for, the acquisition, construction, operation, and maintenance of a work including,…
- § 81608.5 “Public entities” means San Francisco and the public entities in the Counties of Alameda, San Mateo, and Santa Clara that purchase water from San Francisco…
- § 81609 “Regional water system” means facilities for the storage, treatment, and transmission of water operated and maintained by San Francisco located in the Counties…
- § 81610 “San Francisco” means the City and County of San Francisco.
CHAPTER 2. Creation of Authority § 81615 · 1 section
- § 81615 (a) The San Francisco Bay Area Regional Water System Financing Authority is hereby created. (b) The members of the authority include the public entities…
CHAPTER 3. Government of Authority §§ 81628–81643 · 14 sections
ARTICLE 1. Board of Directors §§ 81628–81637 · 10 sections
- § 81628 The authority shall be governed by a board of directors.
- § 81629 (a) The governing body of each member public entity, other than San Francisco, shall appoint one voting member to the board of the authority. Subject to…
- § 81630 Each director, before entering upon the duties of his or her office, shall take the oath of office as provided for in the Constitution and laws of the state.…
- § 81631 (a) Each director shall serve for a term of four years. (b) Notwithstanding subdivision (a), the directors initially appointed to the board shall determine, by…
- § 81632 Each director who is not an officer or employee of an appointing entity may receive compensation in an amount prescribed by the board, not to exceed one…
- § 81633 A majority of the voting members of the board constitutes a quorum for the transaction of business. The board may act only by ordinance, resolution, or motion.
- § 81634 The board shall hold its first meeting as soon as possible after the appointment of the initial directors. At its first meeting, and at its first meeting in…
- § 81635 The board shall provide for the time and place of holding its regular meetings. All meetings of the board shall be called and held in accordance with the Ralph…
- § 81636 Each voting director has one vote on any ordinance, resolution, or motion before the board. Except as provided in Section 81653, the affirmative vote of a…
- § 81637 (a) On all ordinances and resolutions, the roll shall be called and ayes and noes recorded in the minutes of the proceedings of the board. (b) Motions may be…
ARTICLE 2. Officers and Employees §§ 81640–81643 · 4 sections
- § 81640 The board shall appoint a general manager, a financial officer, and a secretary. The board may establish other offices that may be necessary or convenient. The…
- § 81641 The board may employ other employees that the board determines are necessary or convenient and may delegate to the general manager the authority to employ or…
- § 81642 The board may require, and establish the amount of, official bonds of officers and employees that are necessary for the protection of the funds and property of…
- § 81643 (a) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to all officers and employees of the…
CHAPTER 4. Powers and Functions of Authority §§ 81645–81662 · 16 sections
ARTICLE 1. Powers §§ 81645–81649 · 5 sections
- § 81645 The authority may exercise the powers that are expressly granted by this division, together with other powers that are reasonably implied from those expressed…
- § 81646 (a) The authority may make contracts of any nature, including, but not limited to, contracts to employ labor, to indemnify and hold harmless, and to do all…
- § 81647 The authority may take by grant, purchase, bequest, devise, or lease and may hold, enjoy, lease, sell, or otherwise dispose of real and personal property of…
- § 81648 The authority may apply for and receive state and federal grants, loans, and other financial assistance.
- § 81649 Nothing in this division changes the governance, control, or ownership of the regional water system.
ARTICLE 2. Financial Matters §§ 81650–81658 · 8 sections
- § 81650 The board shall adopt a budget for each fiscal year.
- § 81651 The accounts of the authority shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants…
- § 81652 The authority may borrow money, incur indebtedness, and issue notes and bonds as provided in this division, or as otherwise authorized by law.
- § 81653 (a) The authority may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all of the voting members of the board, after notice and…
- § 81654 The authority may issue bonds for the purpose of refunding any revenue bonds of the authority, whether due or not due.
- § 81655 The authority may issue negotiable promissory notes to acquire funds for any authority purpose. The notes shall have a term not to exceed five years. The total…
- § 81656 Bonds and other evidences of indebtedness issued by the authority are legal investments for all trust funds and for funds of all insurers, commercial and…
- § 81658 (a) The proceeds of revenue bonds issued by the authority in accordance with this division may be used only on projects designed and intended in substantial…
ARTICLE 3. Controversies §§ 81660–81662 · 3 sections
- § 81660 The authority may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction.
- § 81661 All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 81662 An action to determine the validity of any contract, bond, note, or other evidence of indebtedness may be brought pursuant to Chapter 9 (commencing with…
CHAPTER 5. Miscellaneous §§ 81670–81674 · 8 sections
- § 81670 Membership of any public entity in the authority does not affect the identity or legal existence, nor impair the powers, of that public entity.
- § 81671 San Francisco shall provide the authority with prompt access to any public records requested by the authority unless those records are exempt from disclosure…
- § 81671.5 If the proceeds of bonds issued by the authority are made available for use on projects described in subdivision (a) of Section 81658, with the agreement and…
- § 81671.6 This division does not modify the provisions of the master water sales contract.
- § 81671.7 The authority shall dissolve upon the repayment of all revenue bonds issued pursuant to this division and the satisfaction of all other debts and obligations…
- § 81672 This division shall be liberally construed to carry out its purposes.
- § 81673 San Francisco shall become a voting member of the authority if the surcharge is imposed on San Francisco’s retail water customers in accordance with…
- § 81674 (a) San Francisco shall submit a report to the Joint Legislative Audit Committee on or before September 1 of each year describing the progress made on projects…