Title 3 — BONDS SEC. 43.2.17. ISSUANCE OF BONDS.

The City and County is authorized to issue Bonds in an unlimited aggregate principal amount, from time to time, in such series and amounts as are determined by the Board of Supervisors by resolution to be necessary or appropriate to provide for the Facility to be financed and its associated Costs. Bonds shall be negotiable instruments for all purposes, subject only to the provisions of such Bonds for registration.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

All of the Bonds authorized under this Article shall be limited obligations of the City and County payable from all or any specified part of the revenues and the moneys and assets authorized in this Article to be pledged or assigned to secure payment of Bonds. Such revenues, moneys or assets shall be the sole source of repayment of such issues of Bonds. Bonds issued as authorized by this Article shall not be deemed to constitute a debt or liability of the City and County or a pledge of the faith and credit of the City and County but shall be payable solely from specified revenues, moneys and assets. The issuance of Bonds shall not directly, indirectly, or contingently obligate the City and County to levy or pledge any form of taxation or to make any appropriation for their payment.

All Bonds shall contain on the face thereof a statement to the following effect: Neither the faith and credit nor the taxing power of the City and County of San Francisco is pledged to the payment of the principal of or premium, if any, or interest on this bond.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

Bonds shall be issued as serial bonds, term bonds, installment bonds or pass-through certificates or any combination thereof. The Responsible Department shall determine the terms and timing of the issuance of particular Bonds in accordance with the resolution of the Board of Supervisors approving the particular Facility to be financed thereby. Bonds shall bear such date or dates, mature at such time or times not to exceed 40 years, bear interest at such fixed or variable rate or rates approved by the Participating Party whose Facility is being financed but not to exceed the maximum rate permitted by law, be payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, be subject to such terms of redemption and have such other terms and conditions as such resolution, or any indenture to be entered into by the City and County pursuant to such resolution, shall provide. Bonds shall be sold at either public or private sale and for such prices as the City and County shall determine.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

Any resolution relating to the issuance of any Bonds, or any indenture to be entered into by the City and County pursuant to such resolution, may contain provisions respecting any of the following terms and conditions, which shall be a part of the contract with the holders of such Bonds:

(a) The terms, conditions and form of such Bonds and the interest and principal to be paid thereon;

(b) Limitations on the uses and purposes to which the proceeds of sale of such Bonds may be applied, and the pledge or assignment of such proceeds to secure the payment of such Bonds;

(c) Limitations on the issuance of additional parity Bonds, the terms upon which additional parity Bonds may be issued and secured, and the refunding of outstanding Bonds;

(d) The setting aside of reserves, sinking funds and other funds and the regulation and disposition thereof;

(e) The pledge or assignment of all or any part of the Revenues and of any other moneys or assets legally available therefor (including loans, deeds of trust, mortgages, leases, subleases, sales agreements and other contracts and security interests) and the use and disposition of such Revenues, moneys and assets, subject to such agreements with the holders of Bonds as may then be outstanding;

(f) Limitation on the use of Revenues for operating, administration or other expenses of the City and County;

(g) Specification of the act or omissions to act which shall constitute a default in the duties of the City and County to holders of such Bonds, and providing the rights and remedies of such holders in the event of default, including any limitations on the right of action by individual bondholders;

(h) The appointment of a corporate trustee to act on behalf of the City and County and the holders of its Bonds, the pledge or assignment of loans, deeds of trust, mortgages, leases, subleases, sale contracts and any other contracts to such trustee, and the rights of such trustee;

(i) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated the amount of such Bonds the holders of which must consent thereto, and the manner in which such consent may be given; and

(j) Any other provisions which the Board of Supervisors or the Responsible Department may deem reasonable and proper for the purposes of this Article and the security of the bondholders.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

Any pledge of Revenues or other moneys or assets as authorized by this Article shall be valid and binding from the time such pledge is made. Revenues, moneys and assets so pledged and thereafter received by the City and County shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the City and County, irrespective of whether such parties have notice thereof. Neither the resolution nor any indenture by which a pledge is created need be filed or recorded except in the records of the City and County.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

Neither the members of the Board of Supervisors, the officers or employees of the City and County or the Responsible Department, nor any person executing any Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

The City and County shall have the power out of any funds available to purchase its Bonds. The City and County may hold, pledge, cancel, or resell such Bonds, in accordance with agreements with the bondholders.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

The City and County is hereby authorized to issue Bonds for the purpose of refunding any Bonds then outstanding.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

In anticipation of the sale of Bonds authorized by this Article, the City and County is hereby authorized to issue bond anticipation notes, and to renew the same from time to time, in such series and amounts as are determined by the Board of Supervisors to be necessary or appropriate for the Costs of Facilities approved by the Board of Supervisors. Such notes shall be payable from Revenues or other moneys or assets authorized by this Article to be pledged to secure payment of Bonds, and which are not otherwise pledged, or from the proceeds of sale of the particular Bonds in anticipation of which they are issued. Such notes shall be issued in the same manner as Bonds. The Responsible Department shall determine the terms and timing of the issuance of particular bond anticipation notes in accord with the provisions of Section 43.2.17 of this Chapter and the resolution of the Board of Supervisors approving the particular Facility to be financed thereby. Such notes, any resolution relating to the issuance of such notes and any indenture to be entered into by the City and County pursuant to such resolution may contain any provisions, conditions or limitations permitted under Section 43.2.1 of this Chapter.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)

The validity of the authorization and issuance of any Bonds is not dependent on and shall not be affected in any way by any proceedings taken by the City and County for the approval of any financing or the entering into of any agreement, or by the failure to provide financing or enter into any agreement, for which Bonds are authorized to be issued under this Article.

(Added by Ord. 12-00, File No. 992117, App. 2/11/2000)